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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No, PV-2022-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY K&B MINING, LLC, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTIONS, CIVIL PENALTIES, PERMIT <br /> REVOCATION, AND FINDING THE FINANCIAL WARRANTY SUBJECT TO <br /> FORFEITURE FOR FAILURE TO MAINTAIN LEGAL RIGHT OF ENTRY AND <br /> FOR FAILURE TO TIMELY RECLAIM AFFECTED LANDS WITHIN FIVE <br /> YEARS OF COMPLETION OF PROSPECTING ACTIVITIES, FILE NO.M-2013- <br /> 019 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on December 14, 2022 via video conference for a hearing to consider the possible <br /> violation by K&B Mining, LLC ("Prospector"), cease and desist order, corrective <br /> actions, permit revocation, and finding the financial warranty subject to forfeiture <br /> for failure to maintain legal right of entry and for failure to timely reclaim affected <br /> lands within five years of completion of prospecting activities, file number P-2013- <br /> 019. Pat Farr appeared on behalf of Prospector. Patrick Lennberg appeared on <br /> behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the parties' presentations and materials <br /> submitted and having been otherwise fully informed of the facts in the matter, <br /> hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Prospector holds a Notice of Intent to Conduct Prospecting Operations <br /> ("NOI") for an approximately 1-acre site in Boulder County, file number P-2013-019. <br /> The site, located approximately 1.8 miles north of Jamestown, Colorado, is located <br /> on private and U.S. Forest Service land and is known as the Badger Group of <br /> Mines. <br /> 2. On September 12, 2022, the Division receive a complaint from Eric <br /> Harms, a landowner in the area of the site, regarding trespassing and possible <br /> prospecting without a permit. The complaint stated that the plan of operations for <br /> the site had expired and that there was no easement over a Forest Service road that <br /> had been used to access the site by people conducting prospecting in the area. The <br /> complaint also stated that JL Mining had attempted to access two adits located on <br /> property owned by Mr. Harms. <br />