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2. Rule 5.1.2(d)(vi) of the Mineral Rules and Regulations of the Mined <br /> Land Reclamation Board for Hard Rock, Metal, and Designated Mining Operations <br /> (the "Rules") requires prospectors to have the legal right to enter to conduct <br /> prospecting and reclamation. Prospector has not maintained and cannot <br /> demonstrate a legal right to enter the site to conduct prospecting or reclamation. <br /> 3. Prospectors are required to complete reclamation of a site within five <br /> years of the cessation of prospecting activities. § 34-32-116(7)(q), C.R.S. (2022) <br /> (reclamation must be completed with "all reasonable diligence" and within five <br /> years of the end of the operation); Rule 3.1.3(2); Rule 5.3.1(g). Prospector has not <br /> conducted any prospecting activities since at least 2016 and has not completed <br /> reclamation of the site. <br /> 4. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that a prospector has violated any provision of a <br /> notice. By failing to maintain legal right to enter and to complete reclamation <br /> within five years of the completion of prospecting activities, Prospector has <br /> violated its NOI. <br /> 5. The Board may impose a civil penalty of not less than one hundred <br /> dollars nor more than one thousand dollars per day of each day of violation, not <br /> to exceed sixty days. § 34-32-124(7), C.R.S. The Board may impose a civil <br /> penalty against K& B Mining, LLC based on 56 days of violation at $100 to $1000 <br /> per day for a civil penalty of$5,600 to $56,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby finds K& B Mining, LLC in violation of Rule 5.1.2(d)(vi) for failure to <br /> maintain legal right to enter and section 34-32-116(7)(q), C.R.S. and Rules 3.1.3(2) <br /> and 5.3.1(g) for failure to complete reclamation within five years of ceasing <br /> prospecting activities. <br /> K&B Mining, LLC shall CEASE AND DESIST any further activities at the <br /> site, except those activities approved by the Division, in writing, as necessary to <br /> comply with the conditions of this Order, prevent damage to off-site areas, or to <br /> protect the public health and safety, until it has completed the corrective actions <br /> contained in this Order to the Division's satisfaction. <br /> The Board orders the following CORRECTIVE ACTIONS, requiring K& B <br /> Mining LLC to: <br /> K&B Minim, LLC <br /> P-2013-019 <br /> PV-2022-001 , <br />