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2025-04-08_ENFORCEMENT - P2007058
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2025-04-08_ENFORCEMENT - P2007058
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Last modified
4/15/2025 9:39:04 AM
Creation date
4/8/2025 9:56:45 AM
Metadata
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Template:
DRMS Permit Index
Permit No
P2007058
IBM Index Class Name
Enforcement
Doc Date
4/8/2025
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Kenneth Orvis - The Mining Company
Violation No.
PV2024002
Email Name
CMM
LJW
THM
Media Type
D
Archive
No
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CONCLUSIONS OF LAW <br /> 1. Under section 34-32-118(1)(b), C.R.S., a financial warranty is subject to <br /> forfeiture whenever an operator is in default under a performance warranty. The <br /> Prospector is in default under a performance warranty and failed to correct the default. <br /> 2. Under section 34-32-118(3)(a), C.R.S., at a hearing to consider whether a <br /> financial warranty should be forfeited, the Board has authority to confirm its <br /> determination that a financial warranty is subject to forfeiture. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board enters the following order: <br /> The Board CONFIRMS its determination that the financial warranty should <br /> be forfeited. <br /> The Board directs, pursuant to section 34-32-118(3)(b), C.R.S., is <br /> FORFEITED and orders affected financial warrantors to immediately deliver to the <br /> Board all amounts warranted by applicable financial warranties, including Cash <br /> Bond no. 1689 in the amount of$7,600.00 and Certificate of Deposit no. 34715 in <br /> the amount of$10,362.00, reflecting the total financial warranty of$17,962.00. <br /> DONE AND ORDERED this 7th day of April 2025. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill Nelson, 'fair <br /> NOTICE OF APPEAL RIGHTS <br /> The Mining Company, Inc. <br /> P-2007-058 <br /> PV-2024-002 2 <br />
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