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2023-10-17_ENFORCEMENT - M2021068
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2023-10-17_ENFORCEMENT - M2021068
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Last modified
2/3/2025 10:28:53 AM
Creation date
10/17/2023 10:25:47 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2021068
IBM Index Class Name
Enforcement
Doc Date
10/17/2023
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Joe Forster - Jack D. Tabb, LLC
Violation No.
MV2022004
Email Name
CMM
BFB
JLE
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2022-004 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY JACK D. TABB, LLC, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTIES FOR <br /> FAILURE TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A <br /> NEW MINING OPERATION, File No. M-2021-068 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 21, 2023, via videoconference as a consent agenda item to consider a <br /> revision to the Board's March 18, 2022 Order for violation number MV-2022-004, <br /> file number M-2021-068. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and having been otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. At its February 16, 2022 meeting, the Board considered and approved <br /> a consent agreement regarding a possible illegal mining operation at a site known <br /> as the Gunnell Mine, where mine tailings were being removed. The Gunnell Mine <br /> is located in Section 11, Township 3 South, Range 73 West, 6th Principal Meridian <br /> in Gilpin County, Colorado. <br /> 2. In an order effective March 18, 2022, the Board found Jack D. Tabb, <br /> LLC ("Operator") in violation of section 34-32-109(2), C.R.S. for engaging in a new <br /> mining operation without first obtaining a reclamation permit and imposed a <br /> corrective action requiring Operator to "within 30 days of the effective date of this <br /> order, submit a new 110d permit application to incorporate all affected lands, with <br /> all material in an approvable form within statutory timeframes." <br /> 3. On May 31, 2023, the Division of Mining, Reclamation and Safety (the <br /> "Division") sent a letter and consent form to Operator to request that the Board <br /> amend the corrective action in the March 18, 2022 Order. The modification to the <br /> corrective action would require Operator to "within 90 days of the effective date of <br /> the modified Board Order, submit an appropriate reclamation permit application to <br /> incorporate all current and proposed affected lands, with all material in an <br /> approvable form within statutory timeframes." <br />
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