2024-04-01_PERMIT FILE - M2021068

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Gunnell Mine Consent Agreement Page 2 of 6 March 4,2024 • March 18, 2022 — MLRB signed a Findings of Fact, Conclusions of Law, and Order for Violation No. MV-2022-004. This Order included the following: o Found the Operator in violation of C.R.S. 34-32-109(2) for engaging in a new mining operation without first obtaining a reclamation permit. o Issued a Cease and Desist Order for any further mining activities at the site, except those activities, approved by the Division in writing, as necessary to comply with the conditions of this Order, prevent damage to off-site areas, or to protect public health and safety, until the corrective actions set forth herein have been resolved to the satisfaction of the Division and the Board. o Imposed Corrective Actions requiring the Operator to, within 30 days of the effective date of the Order, submit a new 110d permit application to incorporate all affected lands,with all materials in an approvable form within statutory timeframes. o Imposed a Civil Penalty for 70 days of violation at $50.00 per day for a total civil penalty of$3,500.00, with all but $500.00 of the penalty suspended if the Operator complies with the corrective actions within the time specified. The portion of the civil penalty not suspended, $500.00, shall be due and payable within 30 days of the effective date of the Order. If the Operator fails to timely complete the corrective actions stated in the Order, the suspended civil penalty of$3,000.00 will become due and payable within 30 days of the deadline to complete the corrective action. • April 20,2022—DRMS received a 110d permit application from the Operator for the Gunnell Mine, proposing a permit area of 1.38 acres. • July 13,2022—DRMS called the 110d permit application complete/filed for review and sent out the required notices. • July 26, 2022 — DRMS determined the 110d permit application to be "complex" per Rule 1.1(16),extending the application decision date by 60 days,to October 11,2022. • July 28,2022—DRMS received comments on the application from History Colorado. DRMS also received an objection on the application from Carl Schembri,expressing concerns about the site survey, land/claim ownership, and legal access to the site. • July 28, 2022 — DRMS received comments on the application from the Central City Community Development Director, stating that part of the subject property is within city limits and local approvals may be required for access, hauling, grading and excavation, and the use. Additionally, the property does not appear to have access via a public roadway and the proposed"haul route"appears to cross over both public and privately owned properties. If the"haul route"crosses over city-owned property,the Operator must obtain the necessary approvals from the City for access to the site. Additional permits may be required from the