1996-04-23_REVISION - M1985022 - Laserfiche WebLink

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I STATE OF COLORADO I MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Penn Mountain Mining Inc. ) PERMIT REVOCATION 1226 Elm Avenue ) AND Canon City, CO 81212 ) FINANCIAL WARRANTY FORFEITURE TO: Penn Mountain Mining Inc. and all other persons engaged in or owning or1controlling the Bullger Basin Placer, Permit No. M-85-022. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fact: 1. Penn Mountain Mining Inc. has obtained Permit M-85-022 as required by CkS. 34-32-101 et seq. to conduct a mining operation in the following location: Section 16, Township 6 South, Range 78 West, 6th P.M., in Park County, Colorado. 2. On September 18, 1995, the Mined Land Reclamation Board issued Notic of Violation M-95-064 to Penn Mountain Mining Inc. ("the operator') for failure to su mit an annual report and failure to pay annual fees. Notice of Violation No. M-95-064 ga a the operator until October 18, 1995 to submit the annual report, pay the annual fee of $5 0.00, and pay a civil penalty in the amount of $550.00. 3. The operator has not submitted the annual report, paid the annual fee, oo paid the civil penalty, although there has been ample time in which to do so. CONCLUSIONS OF i AW 1. The facts stated above constitute a violation of the provisions of Permit M-85-022 and C.R.S. 34-32-124. Therefore, Permit M-85-022 is subject to revocation in a0cord C.R.S. 34-32-124(6)(a). 2. Furthermore, the facts stated above constitute a violation of the operator's performance warranty. The default has not been cured in spite of written notice and ample opportunity to do so. Therefore, the Financial Warranty/Letter of Credit No. 065-0363-0001, in the amount of $13,225.00, for Permit M-85-022 is subject to forfeiture in accordance with C.R.S. 34-32-1 18(1)(b).