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2024-05-31_ENFORCEMENT - M2021068
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2024-05-31_ENFORCEMENT - M2021068
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Last modified
6/24/2024 8:01:14 AM
Creation date
6/3/2024 8:48:19 AM
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Template:
DRMS Permit Index
Permit No
M2021068
IBM Index Class Name
Enforcement
Doc Date
5/31/2024
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Joseph Forster - Jack D. Tabb, LLC
Violation No.
MV2024001
Email Name
CMM
AME
GRM
Media Type
D
Archive
No
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review process, Operator had purchased adjoining property and wanted to include <br /> those properties into the permitted area, which would exceed the 10-acre limit for a <br /> 110(d) permit. <br /> 5. On June 8, 2023, the Operator submitted $500 in unsuspended civil <br /> penalties assessed by the Board for Violation No. MV-2022-004. <br /> 6. On July 13, 2023, the Division withdrew the 110(d) permit application <br /> that was submitted by Operator on April 20, 2022, as requested by Operator. <br /> 7. On October 16, 2023, the Board issued an Order that amended the <br /> March 18, 2022 Board Order's corrective action to require the Operator to "within <br /> 90 days of the effective date of[the October 16, 2023] order, submit an appropriate <br /> reclamation permit application to incorporate all affected lands, with all material in <br /> an approvable form within statutory timeframes." The application was due on <br /> January 14, 2024. <br /> 8. Operator did not submit an application by the January 14, 2024 <br /> deadline. <br /> 9. On February 9, 2024, the Division sent Operator notice that the $3,000 <br /> in suspended civil penalties assessed for Violation No MV-2022-004 in the March <br /> 18, 2022 Order were due and payable within 30 days of the missed deadline for <br /> corrective action. <br /> 10. Operator did not submit the previously suspended $3,000 in civil <br /> penalties by the February 13, 2024 deadline. <br /> 11. On February 27, 2024, the Division sent Operator a Reason to Believe <br /> a Violation Exists letter, notifying Operator that a hearing had been scheduled for <br /> the Board's April 17-18, 2024 meeting regarding a possible violation of section 34- <br /> 32-124, C.R.S., for failure to comply with the conditions of a Board Order. <br /> 12. On March 4, 2024, the Division sent Operator a Staff Summary Form <br /> for Consent Agenda Items outlining the Division's view of the possible violations, <br /> corrective action, cease-and-desist order, and civil penalties. <br /> 13. The Operator signed the Staff Summary Form for Consent Agenda <br /> Items on March 27, 2024, agreeing to the Division's proposal and admitting the <br /> violation. <br /> Jack D. Tabb, LLC <br /> M-2021-068 <br /> W-2024-001 2 <br />
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