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PERMIT#:M-2021-068 <br /> INSPECTOR'S INITIALS:MAC <br /> INSPECTION DATE:December 9,2021 <br /> vertical face. The area where waste rock has been removed is leveled and matches the approximate contour <br /> of the access road. The Division did not observe any areas of instability created by the excavation. Given the <br /> extensive historic disturbance at the Gunnell Mine it was difficult to determine the areal extent to which the <br /> WRP was excavated; however, the Division estimates that 0.02 acres of the WRP had been removed. The <br /> Division confirmed, using the Gilpin County Assessor Website, that the area where excavation occurred is <br /> owned by Jack D. Tabb, LLC. It should be noted that the northern portion of the WRP is located on BLM <br /> property; no excavation or disturbance occurred on BLM property. As noted earlier in this report, material was <br /> transported from the Gunnell Mine to the staging areas using public roads. The Division did not observe any <br /> noticeable damage to the roads and it did not appear the roads were modified to accommodate the hauling <br /> activity. <br /> According to Mr. Forster, the intent is to remove the entire waste rock pile and to transport it to an out of <br /> state mill facility for processing. Due to the uncertainty of the ownership of the primary and secondary staging <br /> areas, the Division suggested that Mr. Forster relocate the super sacks of waste rock to the Gunnell Mine. Mr. <br /> Forster was cooperative throughout the investigation and indicated a desire to obtain the necessary permits <br /> to conduct a mining operation. As noted earlier in this report, Mr. Forster confirmed that material was <br /> excavated from the Gunnell Mine and was transported to an out of state facility for processing. <br /> Hard Rock Rule 1.1(41) defines a mining operation as the development or extraction of a mineral from its <br /> natural occurrences on affected land. Based on the observations made during this inspection, the Division <br /> has reason to believe that Jack D. Tabb, LLC was engaged in a mining operation and is in violation of C.R.S. 34- <br /> 32-109(2) for failure to obtain a reclamation permit prior to engaging in a mining operation.The possible <br /> violation will be scheduled for consideration by the Mined Land Reclamation Board, during the February 16- <br /> 17, 2022 Board meeting. Formal notice of the possible violation and Board hearing will be sent under separate <br /> cover. <br /> This concludes the inspection report. <br /> Any questions or comments concerning this inspection report should be forwarded to Michael Cunningham at <br /> the Division of Reclamation, Mining and Safety, Room 215, 1001 E 62nd Ave, Denver, CO 80216, via telephone <br /> at(303)866-3567, ext. 8116, via email at Michaela.cunningham@state.co.us. <br /> Page 3 of 10 <br />