Laserfiche WebLink
Gunnell Mine Consent Agreement <br /> Page 4 of 6 <br /> March 4,2024 <br /> • October 16,2023—MLRB signed a Findings of Fact,Conclusions of Law,and Order which <br /> amended its March 18, 2022 Order for Violation No. MV-2022-004. This amended Order <br /> included the following: <br /> o Imposed Corrective Actions requiring the Operator to, within 90 days of the effective <br /> date of the Order, submit an appropriate reclamation permit application to incorporate <br /> all affected lands,with all materials in an approvable form within statutory timeframes. <br /> • January 14, 2024 — Board-Ordered corrective action deadline from the October 16, 2023 <br /> Order; no application was submitted by the Operator. <br /> • February 9,2024—DRMS sent notice to the Operator of the civil penalties due for Violation <br /> No. MV-2022-004, particularly the suspended portion of the civil penalty in the amount of <br /> $3,000.00, which was due within 30 days of the missed corrective action deadline. <br /> • February 13, 2024 — Board-Ordered deadline for submitting suspended portion of the civil <br /> penalty in the amount of$3,000.00; no civil penalty was submitted by the Operator. <br /> • February 27,2024—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. 34-32-124 for failure to comply <br /> with the conditions of an Order. A formal public hearing is scheduled for the April 17-18, <br /> 2024 Board meeting for consideration of the possible violation. <br /> Reason for Violation: <br /> The Operator has failed to comply with the conditions of the Order issued on March 18,2022, <br /> and amended on October 16,2023,by not submitting an appropriate reclamation permit <br /> application to incorporate all affected lands at the Gunnell Mine. Additionally,the Operator has <br /> failed to submit the suspended portion of the civil penalty assessed for Violation No. MV-2022- <br /> 004, in the amount of$3,000.00,which was due within 30 days of the missed corrective action <br /> deadline. <br /> STAFF RECOMMENDATIONS <br /> Violation: <br /> • Find the Operator in violation of C.R.S. 34-32-124 for failure to comply with the <br /> conditions of an order. <br /> Cease and Desist Order: <br /> • Affirm the Cease and Desist Order that was issued by the Board on March 18, 2022 <br /> pursuant to C.R.S. 34-32-123(1), prohibiting any further activities at the Gunnell Mine, <br /> except those activities approved by the Division, in writing, as necessary to comply with <br /> the conditions of a Board Order, prevent damage to off-site areas, complete reclamation, <br />