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) ("Act").
<br /> 2. The Board's March 18, 2022 Order, as amended by the October 16,
<br /> 2023 Order, required the Operator to submit an appropriate reclamation permit
<br /> application to incorporate all affected lands by January 14, 2024, with all materials
<br /> in an approvable form within statutory timeframes. The Operator failed to submit
<br /> the application by the corrective action deadline, and therefore did not comply with
<br /> the March 18, 2022 or October 16, 2023 Orders.
<br /> 3. Sections 34-32-124(1), C.R.S. requires compliance with Board orders,
<br /> permits, and regulations. By failing to comply with the corrective action contained
<br /> in the Board's March 18, 2022 and October 16, 2023 Orders, the Operator has
<br /> violated section 34-32-124(1).
<br /> 4. Pursuant to section 34-32-124(2)(a), C.R.S., the Board may issue a
<br /> cease-and-desist order when it finds that an operator has failed to comply with any
<br /> provision of the Act, a permit, or regulation.
<br /> 5. Regarding Violation No. MV-2022-004, the Board's March 18, 2022
<br /> Order assessed a civil penalty of$3,500 with all but $500 suspended if the Operator
<br /> complied with the corrective actions in the time specified. However, the Operator
<br /> failed to submit the amendment application within the time frames required by the
<br /> March, 18, 2022 Order, as amended by the October 16, 2023 Order. Therefore, the
<br /> previously suspended portion of the civil penalty, $3,000, is due within 30 days of
<br /> the effective date of this Order.
<br /> ORDER
<br /> Based on the foregoing findings of fact and conclusions of law, the Board
<br /> finds the Operator in violation of section 34-32-124, C.R.S. for failing to comply
<br /> with the March 18, 2022 Order, as amended by the October 16, 2023 Order.
<br /> The Board affirms the cease-and-desist order issued in the March 18, 2022
<br /> Order. Jack D. Tabb, LLC shall CEASE AND DESIST any further mining activities
<br /> at the Gunnell Mine, except those activities approved by the Division, in writing, as
<br /> necessary to comply with the conditions of a Board Order, prevent damage to off-
<br /> site areas, complete reclamation, or to protect public health and safety, until the
<br /> appropriate permit has been issued for the affected lands.
<br /> The Board imposes against Jack D. Tabb, LLC the following CORRECTIVE
<br /> ACTIONS, the Operator shall:
<br /> Jack D. Tabb, LLC
<br /> M-2021-068
<br /> MV-2024-001 3
<br />
|