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3. On September 15, 2022, the Division inspected the site. Eric Harms <br /> and Amber Hill, the landowners who had submitted the complaint, were present <br /> during the first part of the inspection. Jeremy Wilkinson and Laura Engle of JL <br /> Mining were present during the second part of the inspection. <br /> 4. During the inspection, the Division observed evidence that JL <br /> Mining had attempted to access a sealed bulkhead for an alit located outside of <br /> the NOI's boundaries. JL Mining informed the Division that they had attempted <br /> to breach the bulkhead in question but moved to a different site when it was <br /> determined that they were in the wrong location. The Division observed another <br /> area where digging had occurred and determined that this activity was also not <br /> within the boundaries of the NOI. <br /> 5. On October 3, 2022, the Division was copied on an email from the <br /> U.S. Forest Service informing Mr. Farr and Laura Engle of JL Mining that the <br /> road used to access the site was not open to the public for motorized use and that <br /> the Plan of Operation for the site had expired in November 2015. <br /> 6. On October 13, 2022, the Division sent Prospector a Reason to Believe <br /> a Violation Exists letter, notifying Prospector of the alleged violations and providing <br /> details regarding a hearing scheduled for the Board's December 14, 2022 meeting. <br /> 7. At the December 14, 2022 hearing, the Division presented testimony <br /> regarding its inspection and the state of the site. Prospector does not have an <br /> agreement to cross private property to access the site and does not have legal right <br /> to enter or an approved Plan of Operation from the U.S. Forest Service. No <br /> prospecting has occurred since 2016 at the latest but the site has not been <br /> reclaimed. <br /> 8. Nh•. Farr presented testimony on behalf of the Prospector. Mr. Farr <br /> stated that he has had not had problems in the past with accessing the property. <br /> Mr. Farr had recently listing the site for sale, and the prospective buyer, JL Mining, <br /> accessed the site and started removing material. Mr. Farr stated that he had not <br /> authorized the prospective buyers to unlock the portal and remove materials from <br /> the site. Mr. Farr indicated that Prospector is in favor of fixing any violations and <br /> acknowledged that he does not have a permit and that reclamation work needs to be <br /> completed at the site. <br /> CONCLUSIONS OF LAW <br /> 1. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2022). <br /> K& B Mining, LLC <br /> P-2013-019 <br /> PV-2022-001 2 <br />