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2023-03-09_ENFORCEMENT - P2013019
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2023-03-09_ENFORCEMENT - P2013019
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Entry Properties
Last modified
3/13/2023 8:38:58 PM
Creation date
3/13/2023 8:39:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
P2013019
IBM Index Class Name
Enforcement
Doc Date
3/9/2023
Doc Name Note
Reason to Believe a Violation Exists
Doc Name
Returned Mail
From
DRMS
To
Pat Farr - K & B Mining, LLC
Email Name
JPL
CMM
GRM
JLE
Media Type
D
Archive
No
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a_. COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> October 19, 2022 <br /> Pat Farr <br /> K & B Mining, LLC <br /> 2601 Willow Park <br /> Richland Hills,TX 76118 <br /> Re: Reason to Believe a Violation Exists and Notice of Board Hearing; <br /> Badger Group of Mines; Notice of Intent to Conduct Prospecting(NOI) No. P-2013-019 <br />' y Pat Farr: <br /> On October 5 and 7, 2022, the Division of Reclamation, Mining and Safety (Division/DRMS) was <br /> contacted by the United States Forest Service (USFS) and informed that there was a spill from 55-gallon <br /> drum(s) at or near the Badger Group of Mines NOI No. P-2013-019 involving a stolen trailer transported <br /> across private property which there was no legal right of entry. Additionally, on October 3, 2022 the <br /> USFS sent a letter, to you and the Division, stating the Approved Plan of Operations for P-2013-019 had <br /> I expired. This Plan of Operations provided you access on National Forest System Roads 287.1, 287A and <br /> 287B. The letter expressly stated the USFS cannot authorize you to cross private property. Further,the <br /> last date of prospecting noted in your annual reports was February 16, 2017, therefore reclamation <br /> should have been completed by February 16, 2022. Reclamation has not been completed at the site. <br /> The Division believes this is a violation of: <br /> • Rule 5.1.2(d)(vi) for failure maintain legal right to enter, <br /> • Rule 5.3.6 for failure to conducted prospecting in such a manner as to comply with all applicable <br /> local, state and federal laws, and <br /> • Rule 3.1.6(1)for failure to minimize impacts to the hydrologic balance. <br /> • Rule 5.3.1(g)for failure to timely reclaim affected lands within five (5) years of the completion of <br /> prospecting activities. <br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Land Reclamation <br /> Act for the Hard Rock, Metal and Designated Mining Operations, C.R.S. § 34-32-101 et seg•, and the <br /> provisions of your NOI No. P-2013-019, and has scheduled this matter to appear before the Board. <br /> A Formal Public Hearing will be held during the December 14 and 15, 2022 Mined Land Reclamation <br /> Board Hearing.This Board hearing will be held by a virtual Zoom hearing. In order to receive an <br /> authorization code to attend the hearing, please contact Camille Mojar via telephone at 303-866-3567, <br /> ext. 8136 or via email at Camille.Moiar@state.co.us. Please note that only Parties and those who will <br /> OF C(V <br /> 101 l -i A,,?. Denvet !-t, 8021t) F "1,17,866 )`:fa: 303 p:r Y'J^ n.t ,— pv ,S't+, <� <br /> 1.ired S pn Gor,`rno: ..are Cnh:-, rBrannor., <br /> �876 <br />
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