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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. PV-2024-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY K& B MINING, LLC, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTIONS, CIVIL PENALTIES, PERMIT <br /> REVOCATION, AND FINDING THE FINANCIAL WARRANTY SUBJECT TO <br /> FORFEITURE FOR COMPLY WITH THE CONDITIONS OF THE BOARD'S <br /> ORDER, PERMIT, OR REGULATION, FILE NO. P-2013-019 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on January 17, 2024, for a hearing to consider the possible violation by K& B <br /> Mining, LLC ("Prospector"), cease and desist order, corrective actions, permit <br /> revocation, and finding the financial warranty subject to forfeiture for failure to <br /> comply with the conditions of the Board's order, permit, or regulation, file number <br /> P-2013-019. Patrick Lennberg appeared on behalf of the Division of Reclamation, <br /> Mining and Safety ("Division'). Patrick Farr appeared on behalf of the Prospector. <br /> The Board, having considered the parties' presentations and materials <br /> submitted and having been otherwise fully informed of the facts in the matter, <br /> hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Prospector holds a Notice of Intent to Conduct Prospecting Operations <br /> ("NOI") for an approximately 1-acre site in Boulder County, file number P-2013-019. <br /> The site, located approximately 1.8 miles north of Jamestown, Colorado, is located <br /> on private and U.S. Forest Service land and is known as the Badger Group of <br /> Mines. <br /> 2. Following a hearing on December 14, 2022, the Board issued an order, <br /> effective on February 9, 2023, (the "February 2023 Order") finding Prospector in <br /> violation Rule 5.1.2(d)(vi) for failure to maintain legal right to enter and section 34- <br /> 32-116(7)(q), C.R.S. and Rules 3.1.3(2) and 5.3.1(g) for failure to complete <br /> reclamation within five years of ceasing prospecting activities. <br /> 3. The February 2023 Order required Prospector, within 180 days of its <br /> effective date, to 1.) "demonstrate the legal right to enter across private land and <br /> obtain a new Plan of Operations from the U.S. Forest Service to complete <br /> reclamation at the site" and 2.) "complete reclamation of the affected land." <br />