2010-10-28_ENFORCEMENT - M1983011

• Permit No: M1983011
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/28/2010
• Doc Name: Reason to Believe a Violation Exists and Notice of Board Hearing
• From: DRMS
• To: Jelen & Son, Inc.
• Email Name: DMC
• Media Type: D
• Archive: No

lbt, Z,142 STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 COLORADO

Phone: [phone] D I V I S ION OF
RECLAMATION
FAX: [phone] MINING
F
SA
ETY
Bill Ritter, Jr.
10/28/2010
Governor
Mike King
Kay Blecha Executive Director

Jelen & Son, Inc. Loretta E. Pifieda
P.O. Box 103 Director
Castle Rock, CO 81403
RE. Willow Creek Mine, Permit No. M-1983-011, Reason to Believe a Violation Exists and Notice of Board Hearing
Dear Mr. Blecha:
On October 14, 2010, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the above
referenced operation and found the following:
Land has been affected outside of the approved permit boundary.
The Division believes that this is in violation of the Colorado Land Reclamation Act for Hard Rock, Metal and Designated
Mining Operations, specifically C.R.S. 34-32-109(1) for failure to first obtain from the board or office a reclamation
permit prior to engaging in a new operation, and/or C.R.S. 34-32-116(7)(h) for failure to protect areas outside of the
affected land from slides or damages occurring during the mining operation. Therefore, the Division has reason to
believe that a violation exists to Permit No. M-1983-011 and the Law, and has scheduled this matter before the Mined
Land Reclamation Board (Board).
A Hearing will be held during the December 15-16, 2010 Board meeting for consideration of a possible violation. The
hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter
as the matter can be considered. You will have the opportunity to be represented and heard at the hearing.
If the Board finds a violation of C.R.S 34-32-109(1) for failure to first obtain a reclamation permit prior to engaging in a
new operation, it may issue a Cease and Desist Order and assess a civil penalty in the amount of $1,000 to $5,000 for
each day of violation. If the Board finds a violation of C.R.S. 34-32-116(7)(h) for failure to protect areas outside the
affected land from slides or damage during the mining and reclamation operation, it may issue a Cease and Desist Order
and assess a civil penalty in the amount of $50 to $200 for each day of violation. In addition, the Board may set the
matter for consideration of forfeiture of the $17,000.00 financial warranty amount, held by the Division for Permit No.
M-1983-011, at a subsequent Board hearing. If you have evidence indicating that the possible violation(s) noted above
do not exist or have been corrected, please provide it to the Division as soon as possible or, alternatively, bring it to the
Board hearing.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines