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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. PV-2024-002 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE POSSIBLE VIOLATION OF THE MINING <br /> COMPANY, INC., CEASE AND DESIST ORDER, CIVIL PENALTY, AND <br /> REVOCATION OF NOTICE OF INTENT FOR FAILING TO PAY ANNUAL FEES <br /> AND FAILURE TO SUBMIT ANNUAL REPORTS, File No. P-2007-058 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> October 16, 2024, to consider a possible violation by The Mining Company, Inc. <br /> ("Prospector"), cease and desist order, civil penalty, and revocation of Notice of <br /> Intent for failing to pay annual fees and failure to submit annual reports, file <br /> number P-2007-058. There were no appearances on behalf of the Prospector. Lucas <br /> West appeared on behalf of the Division of Reclamation, Mining and Safety <br /> ("Division"). <br /> The Board, having considered the materials presented and having been <br /> otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Prospector holds a Notice of Intent ("NOI") for a 2.19-acre gold and <br /> silver prospecting operation. The site, known as the Liberty Project, is located in <br /> Section 20, Township 43 North, Range 8 West, loth Principal Meridian in Ouray <br /> County, Colorado. <br /> 2. Prospector's annual report, map, and fee were due on July 23, 2024. <br /> The Division never received a submittal by Prospector. <br /> 3. On July 23, 2024, the Division inspected the site and determined that <br /> the reclamation bond for the site is sufficient for reclamation. <br /> 4. On August 12, 2024, the Division received a letter from the Prospector <br /> stating that it was no longer operating the site, that it was surrendering the cash <br /> bond of$17,962.00, and waiving any rights to the Liberty Project. <br /> 5. On September 9, 2024, the Division mailed the Prospector a Reason to <br /> Believe a Violation Exists letter stating alleged violations for failure to submit the <br /> required annual report, map, and fee and that the financial warranty was subject to <br />