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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE ALLEGED VIOLATION OF MINING AND MINERALS, LTD., FII.E NO. <br />M-1983-052, MV-2002-014. <br />THIS MATTER came before the Mined Land Reclamation Boazd on Apri124, 2002 at Denver, <br />Colorado for hearing on a notice of alleged violation issued to Mining and Minerals, Ltd. (hereinafter <br />Respondent), in accordance with § 34-32-124(1), C.R.S. Jack Merritts, attorney, appeared on behalf of <br />Respondent. Cazl Mount appeared on behalf of the Division of Minerals and Geology. The Boazd, having <br />considered the position of the parties, and having been otherwise fully informed in the premises, hereby finds <br />and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Boazd has jurisdiction over this matter, pursuant to § 34-32-124(5), C.R.S. <br />2. Respondent operates a 77 acre 112 surface gold mining operation known as the Joker Mine. This <br />operation is located in Section 9, T9N, R92W, Moffat County, Colorado. <br />3. On September 14, 2001, the Division received notice that the surety company, United States Fidelity and <br />Guarantee Company (USF&G), intended to cancel the financial warranty it posted on behalf of <br />Respondent. The Division notified Respondent on September 18, 2001, and discussed a replacement <br />warranty with Respondent again in February of 2002. Respondent has yet to replace the warranty. The <br />Division states that the Respondent's violation has occurred for three days (date of cancellation [o Boazd <br />Heazing date). <br />4. Respondent did not contest the Division's position, and stated that it intends to post the required warranty. <br />5. Respondent is obligated to maintain an adequate financial warranty for this permit in accordance with <br />§ 34-32-117(b)(a), C.R.S. Respondent's failure to do so constitutes a violation of this statute. <br />b. § 34-32-124(7), C.R.S. authorizes the Board to assess a civil penalty for this violation of not less than <br />$100.00 per day nor more than $1,000.00 per day for each day during which the violation continues. <br />