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2024-05-16_ENFORCEMENT - P2013019
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2024-05-16_ENFORCEMENT - P2013019
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Last modified
5/21/2024 10:03:03 AM
Creation date
5/16/2024 9:19:20 AM
Metadata
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Template:
DRMS Permit Index
Permit No
P2013019
IBM Index Class Name
Enforcement
Doc Date
5/16/2024
Doc Name
Notice of Formal Hearing
From
DRMS
To
Patt Farr - K & B Mining, LLC
Violation No.
PV2024001
Email Name
CMM
JPL
JLE
GRM
Media Type
D
Archive
No
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4. On December 6, 2023, the Division conducted a site inspection and <br /> determined that reclamation had not been completed at the Rip Van Dam portal. <br /> Other areas under the NOI had largely been reclaimed according to the approved <br /> plan. <br /> 5. On December 7, 2023, the Division sent Prospector a Reason to Believe <br /> a Violation Exists letter, notifying Prospector of the alleged violations and providing <br /> details regarding a hearing scheduled for the Board's January 17, 2024, meeting. <br /> 6. On December 21, 2023, Prospector submitted $1,000 of unsuspended <br /> civil penalties imposed in the Board's February 2023 Order. <br /> 7. At the January 17, 2024 hearing, the Division presented testimony <br /> regarding the site, including that areas had not been reclaimed. The Division also <br /> presented testimony establishing that Prospector had not demonstrated a legal <br /> right to enter. <br /> 8. Prospector also presented testimony at the January 17, 2024 hearing <br /> through Mr. Farr. Mr. Farr testified that he had diligently attempted to procure <br /> access to the site through private land but that the landowner had refused to give <br /> him access. Mr. Farr stated that, given the impossibility of obtaining entry to the <br /> site, he could not complete reclamation. Mr. Farr stated that he would like to see <br /> the bond forfeited so that the Board can pursue completion of reclamation. <br /> CONCLUSIONS OF LAW <br /> 1. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2023). <br /> 2. Section 34-32-124(1), C.R.S. requires compliance with Board orders, <br /> notices of intent to conduct prospecting, and regulations. Prospector has failed to <br /> comply with the Board's Order for Violation PV-2022-001. Accordingly, the <br /> Prospector has violated section 34-32-124(1), C.R.S. and its NOI. <br /> 3. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a <br /> cease-and-desist order if it determines that a prospector has violated any provision <br /> of a notice. By failing to comply with the February 2023 Order, Prospector has <br /> violated its NOI. <br /> 4. Under section 34-32-124(6)(a), the Board may suspend, modify, or <br /> revoke a permit after determining that there has been a violation of a permit <br /> provision. Prospector's violation of the February 2023 Order warrants revocation <br /> of the NOI. <br /> K& B Mining, LLC <br /> P-2013-019 <br /> PV-2024-001 2 <br />
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