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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. PV-2024-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY OF <br /> K& B MINING, LLC, FILE NO. P-2013-019 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 20, 2024, for a hearing to consider the forfeiture of the financial warranty <br /> of K& B Mining, LLC ("Prospector"), file number P-2013-019. Patrick Lennberg <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> There was no appearance on behalf of the Prospector. <br /> The Board, having considered the parties' presentations and materials <br /> submitted and having been otherwise fully informed of the facts in the matter, <br /> hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Prospector holds a Notice of Intent to Conduct Prospecting Operations <br /> ("NOI") for an approximately 1-acre site in Boulder County, file number P-2013-019. <br /> The site, located approximately 1.8 miles east of Jamestown, Colorado, is located on <br /> private and U.S. Forest Service land and is known as the Badger a Group of Mines. <br /> 2. The Division holds a financial warranty for the NOI in a cashier's <br /> check in the amount of$11,426.00. <br /> 3. Following a hearing on December 14, 2022, the Board issued an order, <br /> effective on February 9, 2023, (the "February 2023 Order") finding Prospector in <br /> violation Rule 5.1.2(d)(vi) for failure to maintain legal right to enter and section 34- <br /> 32-116(7)(q), C.R.S. and Rules 3.1.3(2) and 5.3.1(g) for failure to complete <br /> reclamation within five years of ceasing prospecting activities. <br /> 4. The February 2023 Order required Prospector, within 180 days of its <br /> effective date, to 1.) "demonstrate the legal right to enter across private land and <br /> obtain a new Plan of Operations from the U.S. Forest Service to complete <br /> reclamation at the site" and 2.) "complete reclamation of the affected land." <br /> 5. Following a hearing held on January 17, 2024, the Board determined <br /> that the Prospector failed to comply with the February 2023 Order and, through an <br />