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RECEIVED <br /> COLORADO APR 01 2024 <br /> - Division of Reclamation, Colorado Division of Reclamation, <br /> Mining and Safety <br /> Department or Natural Resources Mining and Safety <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date March 4,2024 Operator Jack D. Tabb,LLC <br /> File No. M-2021-068 Site Name Gunnell Mine <br /> Specialist Amy Eschberger Objecting Party N/A <br /> County Gilpin Permit Type Illegal Mine <br /> Action: <br /> Possible violation of: <br /> • C.R.S. 34-32-124 for failure to comply with the conditions of an order. <br /> Resolution: <br /> Jack D. Tabb, LLC (Operator)voluntarily consents to a violation of C.R.S. 34-32-124 for failure <br /> to comply with the conditions of an order. The Operator also consents to the Cease and Desist <br /> Order,Corrective Actions,and Civil Penalties provided herein, for the Gunnell Mine, File No. <br /> M-2021-068. <br /> Chronology: <br /> • December 7, 2021 — DRMS received an anonymous complaint alleging illegal mining <br /> activities occurring at the Gunnell Mine. <br /> • December 9,2021 —DRMS conducted an inspection of the Gunnell Mine,along with Central <br /> City staff, and found the Operator had excavated approximately 10 cubic yards of material <br /> from the historic Gunnell Mine waste rock pile and transported this material to an out of state <br /> facility for processing. In addition, approximately 25 cubic yards of waste rock had been <br /> excavated and placed into super sacks that were staged on properties adjacent to and nearby <br /> the Gunnell property. (Inspection report sent to Operator on January 4,2022.) <br /> • January 6, 2022 —DRMS sent a Reason to Believe a Violation Exists and Notice of Board <br /> Hearing letter to Operator for a possible violation of C.R.S. 34-32-109 for failure to obtain a <br /> reclamation permit prior to engaging in a new mining operation. <br /> • February 7, 2022 — DRMS received a signed consent agenda form from the Operator <br /> conceding to the violation and agreeing to comply with the Cease and Desist Order, <br /> Corrective Actions,and Civil Penalties proposed in the form by DRMS staff. <br /> • February 16.2022—MLRB considered and approved the consent agenda form signed by the <br /> Operator. <br /> Physical Address: 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 /....4' <br /> eti°f 11 <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave,Denver,CO 80216 https://drms.colorado.gov ,' <br /> Jared S. Polis,Governor I Dan Gibbs,Executive Director I Michael A.Cunningham,Director . 4z...,,,,,.;' <br /> \'\8'76 4 <br />