ENFORCE23893

• Permit No: M1983011
• IBM Index Class Name: Enforcement
• Doc Date: 11/28/2000
• Doc Name: WILLOW CREEK MINE
• From: DMG
• To: JELEN & SON INC
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 28, 2000
Mr. Kay Blecha
Jelen & Son. Inc.
P.O. Box 103
Castle Rock, CO 80104
RE: Willow Creek Mine, Permit No. 611//
Dear Mr. Blecha:
DIVISION O F
MINERALS
St
GEOLOGY
RECLAMATION
MINING•SAFE TY
B~II Owens
Governor
Greg E. Walther
Executive Dire('IOr
Michael B Long
Division D~reaor
On July 28, 2000, the Division of Minerals and Geology informed Jelen & Son, Inc. of the increase in financial
warranty for the permit referenced above pursuant to 34-32-117(4)(c)(I)(A) of the Colorado Mined Land
Reclamation Act. The Division raised the financial warranty from $5,000.00 to $17,000.00 based on the
reclamation plan set forth in the permit application. The bond increase was due no later than September 26, 2000.
The Division has not received the additional bond money as required in the July 28, 2000 letter.
We believe this is in violation of: C.R.S. 34-32-117(4)(b)(I) of the Colorado Mined Land Reclamation Act which
requires the financial warranty to be sufficient to assure the completion of reclamation on the affected land and
C.R.S. 34-32-I l7(4)(c)(II) of the Colorado Mined Land Reclamation Act which requires the operator to submit
the financial warranty within 60 days of adjustment.
Therefore, we have reason [o believe that a violation exists [o Permit Number M-1983-O1 1 and to [he Law, and
have scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the January 24-25, 2001 Board meeting for consideration of
possible violation. The heazing will be held in Room 318 of 1313 Sherman Scree[, Denver, Colorado, beginning
at 9:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity
to be represented and heard. It will be reiterated that there is reason to believe [hat you are in violation of [he
provisions noted above.
[f the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the
amount of $ 100 to $1,000 for each day of violation, and/or order [he permit be suspended, modified, or revoked.
In addition, it may se[ [he matter for forfeiture of the $5,000.00 financial warranty at a subsequent hearing. If you
have evidence indicating [hat the possible violations noted above do not exist or have been corrected, please
provide it to us as soon as possible or bring it to the hearing. If you have any questions, please contact Erica
Crosby at [phone].
Sinter ly,
MICHAEL B. LONG ~~ M~
Division Director
CERTIFIED MAIL NO. Z 268 233 197
CC: Carl Mount; DMG
Greg Lewicki; Greg Lewicki & Associates