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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 />