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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 AND <br /> DESIST ORDER,CORRECTIVE ACTION,AND CIVIL PENALTIES FOR FAILURE TO <br /> OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW MINING <br /> OPERATION, File No. M-2021-068 <br /> THIS MATTER came before the Mined Land Reclamation Board(`Board')on <br /> February 16,2022,via videoconference as a consent agenda item to consider a <br /> possible violation by Jack D.Tabb, LIC (`Operator"), cease and desist order, <br /> corrective actions,and a dull penalty for failure to obtain a reclamation permit before <br /> engaging in a new mining operation,file number M-2021-068. <br /> The Board, having considered the materials presented with this consent agenda <br /> item and having been otherwise fully informed of the facts in the matter,enters the <br /> following: <br /> FINDINGS OF FACT <br /> 1. On December 7,2021,the Division of Reclamation, Mining and Safety <br /> ("Division")received an anonymous citizen complaint about a possible illegal mining <br /> operation at a site known as the Gunnell Mine,where mine tailings were being <br /> removed. The Gunnell Mine is located in Section 11,Township 3 South,Range 73 <br /> West,6th Principal Meridian in Gilpin County, Colorado. <br /> 2. On December 8,2021,the Division received a call from Joe Forster who <br /> inquired about permitting a new mining operation in Gilpin County. After discussion with <br /> Mr. Forster,the Division determined that he had been engaged in the activity related to <br /> the citizen complaint for the Gunnell Mine.The Division arranged to meet Mr. Forster at <br /> the mine on December 9,2021. <br /> 3. On December 9,2021,the Division and representatives from Central City <br /> met with Mr. Forster.The Division observed 15 super sacks full of waste rock at the <br /> meeting location, staged by the side of the road for transportation to a mill in Arizona for <br /> processing. Mr. Forster stated that the material in the sacks came from the Gunnell <br /> Mine and had been transported to the staging area. <br /> 4. Mr. Forster stated that approodmateIy ten cubic yards of material had been <br /> removed from the Gunnell Mine and transported to the out-of-state mill in the two weeks <br />