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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY JACK D. TABB, LLC, CEASE <br /> AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTIES FOR <br /> FAILURE TO COMPLY WITH THE CONDITIONS OF A BOARD ORDER, File No. <br /> M-2021-068 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on April 17, 2024, via videoconference as a consent agenda item to consider a <br /> possible violation by Jack D. Tabb, LLC ("Operator") for failure to comply with <br /> conditions of a Board Order, file number M-2021-068. <br /> The Board, having considered the materials presented with this consent <br /> agenda item and having been otherwise fully informed of the facts in the matter, <br /> enters the following: <br /> FINDINGS OF FACT <br /> 1. The Gunnell Mine is located in Section 11, Township 3 South, Range <br /> 73 West, 6th Principal Meridian in Gilpin County, Colorado. <br /> 2. In an order effective March 18, 2022, the Board found Jack D. Tabb, <br /> LLC ("Operator") in violation of section 34-32-109(2), C.R.S. for engaging in a new <br /> mining operation without first obtaining a reclamation permit and imposed a <br /> corrective action requiring Operator to "within 30 days of the effective date of this <br /> order, submit a new 110d permit application to incorporate all affected lands, with <br /> all material in an approvable form within statutory timeframes." <br /> 3. On May 31, 2023, the Division of Mining, Reclamation and Safety (the <br /> "Division") sent a letter and consent form to Operator to request that the Board <br /> amend the corrective action in the March 18, 2022 Order. The modification to the <br /> corrective action would require Operator to "within 90 days of the effective date of <br /> the modified Board Order, submit an appropriate reclamation permit application to <br /> incorporate all current and proposed affected lands, with all material in an <br /> approvable form withing statutory timeframes." <br /> 4. On June 6, 2023, Operator signed the consent form requesting the <br /> change to allow Operator to file an application for a different permit than the 110(d) <br /> permit specified in the March 18, 2022 Board Order. During the permit application <br />