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SOCOLORADO RECEIVED
<br /> Division of Reclamation.
<br /> Mining and Safety
<br /> Department of Not i1 Resources
<br /> MAY 1 3 2024
<br /> Colorado Division of Reclamation,
<br /> February 27,2024 Mining and Safety
<br /> Joseph Forster
<br /> Jack D. Tabb,LLC
<br /> 1650 Saratoga Street
<br /> Antigo,WI 54409
<br /> RE: Reason to Believe a Violation Exists and Notice of Board Hearing
<br /> Gunnell Mine; File No.M-2021-068
<br /> Dear Mr.Forster:
<br /> On October 16, 2023, the Mined Land Reclamation Board(Board/MLRB)issued an amended Order for
<br /> Violation No. MV-2022-004. This Order included a required corrective action for Jack D. Tabb, LLC
<br /> (Operator) to submit an appropriate reclamation permit application to incorporate all affected lands (at
<br /> the Gunnell Mine) within 90 days of the effective date of the Order, by January 14, 2024, with all
<br /> material in an approvable form within statutory timeframes. The Operator was assessed a total civil
<br /> penalty of$3,500, with all but $500 suspended if the Operator complied with the corrective action by
<br /> the deadline specified. The Operator submitted the unsuspended portion of the civil penalty in the
<br /> amount of$500 on June 8, 2023. Because the Operator failed to submit the required reclamation permit
<br /> application by the corrective action deadline,the suspended portion of the civil penalty in the amount of
<br /> $3,000 was due within 30 days of the corrective action deadline,by February 13,2024.
<br /> As of the date of this letter, the Division has not received the required reclamation permit application or
<br /> the suspended portion of the civil penalty.
<br /> The Division believes this is a violation of:
<br /> • C.R.S. 34-32-124 for failure to comply with the conditions of an order.
<br /> Therefore, the Division has reason to believe that a violation exists to the Colorado Mined Land
<br /> Reclamation Act, C.R.S. 34-32-101 et,Seq., and has scheduled this matter to appear before the Mined
<br /> Land Reclamation Board.
<br /> A Formal Public Hearing will be held during the April 17-18, 2024 Board meeting for consideration of
<br /> the possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
<br /> beginning at 9:00 a.m. on April 17, 2024, or as soon thereafter as the matter can be considered. In order
<br /> to be considered at the hearing, all exhibit materials and witness testimony you wish for the Board to
<br /> consider must be submitted no later than 5:00 p.m. on April 5, 2024 via email to the Board's
<br /> Administrator,Camille M. Mojar at:Dni,drmsjnlrb-submittals(wstate.co.us.
<br /> . co
<br /> 1313 Sherman St.Room 215 Denver,CO 80203 P(303)866-3567 F(303)832-8106 https://drms.colorado.gov/ (4'v,',,i9e: *ei(_.:"' ;
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<br /> Jared Polis,Governor I Dan Gibbs,Executive Director 1 Michael Cunningham,Director 'k.\\, • • ; ),,j:
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