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STAFF SUMMARY FORM FOR <br />CONSENT AGENDA ITEMS <br />Date 11/17/2010 Operator James H. and Kathleen H. Ross <br />Permit No. M-1990-134 Site Name Ross Pit <br />Specialist Dustin Czapla Objecting Party NA <br />Action: <br />Permit Application with objections <br />X Violation <br />Extension of Board-ordered deadline <br />Other (specify) <br />Resolution: <br />Board consideration of a Possible Violation, Cease and Desist Order, corrective actions and civil penalties <br />for failure to obtain from the Board or office a reclamation permit prior to engaging in a new operation. <br />The Operator has affected approximately three acres outside the affected area approved under the <br />terms of DRMS File No. M-1990-134. <br />CHRONOLOGY: <br />June 7, 2010 - The Division of Reclamation, Mining and Safety (Division) conducted a normal monitoring <br />inspection of the Ross Pit, and found that some of the mining disturbance appeared to fall outside of the <br />approved affected area. <br />June 29, 2010 - The June 7, 2010 inspection report was mailed to the Operator noting site conditions <br />and maps submitted with annual reports did not match the approved affected area. An updated map <br />showing the current site conditions along with the approved affected area was requested, by the <br />Division, to be submitted by August 30, 2010. <br />September 28, 2010 -The Division received a map from the Operator showing that some mining related <br />disturbance did in fact fall outside of the approved affected area. <br />October 4, 2010 - A Reason to Believe a Violation Exists letter was sent, Certified Mail, to the Operator. <br />November 5, 2010 -The Operator submitted additional maps to the Division showing the extent of <br />mining disturbance that has occurred outside the approved affected area. <br />Page 1 of 2