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6. At the June 18, 2025 hearing, the Division presented testimony <br /> regarding notices provided to Operator, including the notice of the hearing on <br /> forfeiture; continued attempts to reach Operator regarding addressing the <br /> violations and complying with the Board's orders; and the Division's <br /> recommendation that the financial warranty be forfeited. <br /> 7. There was no appearance by the Operator at the June 18, 2025 <br /> hearing. <br /> 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 /> Operator 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 /> Operator 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., that the <br /> financial warranty for file number M-1991-054 is FORFEITED and orders affected <br /> financial warrantors to immediately deliver to the Board all amounts warranted by <br /> applicable financial warranties. <br /> DONE AND ORDERED this day of July 2025. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Dge.lry dprod by WWN D Redmond <br /> Matthew C. Redmond a A��4��"'N- C RWmond <br /> D.W:2025.07 11 08.0022-MW <br /> Matthew C. Redmond, Chair <br /> Indian Creek Mining Corp. <br /> M-1991-054 <br /> MV-2024-021 2 <br />