2024-02-27_ENFORCEMENT - M2021068

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a " COLORADO Division of Reclamation, N` Mining and Safety Department of Natural Resources February 27, 2024 Joseph Forster Jack D. Tabb, LLC 1650 Saratoga Street Antigo, WI 54409 RE: Reason to Believe a Violation Exists and Notice of Board Hearing Gunnell Mine; File No. M-2021-068 Dear Mr. Forster: On October 16, 2023, the Mined Land Reclamation Board(Board/MLRB) issued an amended Order for Violation No. MV-2022-004. This Order included a required corrective action for Jack D. Tabb, LLC (Operator) to submit an appropriate reclamation permit application to incorporate all affected lands (at the Gunnell Mine) within 90 days of the effective date of the Order, by January 14, 2024, with all material in an approvable form within statutory timeframes. The Operator was assessed a total civil penalty of $3,500, with all but $500 suspended if the Operator complied with the corrective action by the deadline specified. The Operator submitted the unsuspended portion of the civil penalty in the amount of$500 on June 8, 2023. Because the Operator failed to submit the required reclamation permit application by the corrective action deadline, the suspended portion of the civil penalty in the amount of $3,000 was due within 30 days of the corrective action deadline, by February 13, 2024. As of the date of this letter, the Division has not received the required reclamation permit application or the suspended portion of the civil penalty. The Division believes this is a violation of: • C.R.S. 34-32-124 for failure to comply with the conditions of an order. Therefore, the Division has reason to believe that a violation exists to the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq., and has scheduled this matter to appear before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the April 17-18, 2024 Board meeting for consideration of the possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on April 17, 2024, or as soon thereafter as the matter can be considered. In order to be considered at the hearing, all exhibit materials and witness testimony you wish for the Board to consider must be submitted no later than 5:00 p.m. on April 5, 2024 via email to the Board's Administrator, Camille M. Mojar at: Dnr_drms_mlrb-submittals(cu.state.co.us. cd� / -:A \ 1313 Sherman St. Room 215 Denver,CO 80203 P(303)866-3567 F(303)832-8106 https://drms.colorado.gov/ I c`_""" \o Jared Polis, Governor I Dan Gibbs, Executive Director I Michael Cunningham, Director , • ) \'}\1g76*/