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Prior to the inspection. The primary staging area is located on property owned by <br /> Central City,and Operator does not have a legal right to use the property for mining. <br /> 5. On the way to the mine, the Division observed a second staging area with <br /> an additional ten super sacks full of waste rock.This second area is approximately.06 <br /> miles from the Gunnell Mine and is on property owned by Central City. <br /> 6. At the Gunnell Mine,the Division observed historic structures, including a <br /> headframe and stone foundation.There is a large waste rock pile to the immediate <br /> north of the headframe that covers approximately 1.3 acres and sits above Prosser <br /> Gulch. The Division also observed two skid steer loaders parked adjacent to the waste <br /> rock pile. The excavation of the waste rock pile was approximately ten feet high and <br /> created a vertical face. The Division did not observe any instabilities caused by the <br /> excavation. <br /> 7. Operator owns the portion of the Gunnell Mine where the excavation had <br /> taken place. Though no excavation had occurred there, the northern portion of the <br /> waste rock pile is located on Bureau of Land Management property. The Division did <br /> not observe any noticeable damage to the roads nor did the roads appear to have been <br /> modified to accommodate Operator's hauling activities. <br /> 8. On January 6, 2022,the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> violations and information about the February 16-77,2022, hearing. <br /> 9. On February 4, 2022,the Operator admitted the violation and agreed to <br /> the Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 10. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2021)("Act"). <br /> 11. The material that the Operator removed at the site constitutes a "mineral" <br /> as that term is defined in section 34-32-103(7), C.R.S. <br /> 12. Section 34-32-109(2), C.R.S., provides that"any operator proposing to <br /> engage in a new mining operation must first obtain from the board or office a <br /> reclamation permit as specified in this article." By removing a mineral from the site, the <br /> Operator engaged in a new mining operation without first obtaining a reclamation <br /> permit, in violation of section 34-32-109(2), C.R.S. <br /> 13. Pursuant to section 34-32-123(1), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to obtain a valid permit. <br /> Jack D.Tabb, LLC <br /> M-2021-068 <br /> MV 2022-004 <br />