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<br />DEC 13 2010 <br />pia of FtsciY <br />M _ ?3- a <br />STAFF SUMMARY FORM FOR <br />CONSENT AGENDA ITEMS <br />Date 12/15/2010 Operator Jelen and Son, Inc. <br />Permit No. M-1983-011 Site Name Willow Creek Mine <br />Specialist Dustin Czapla Objecting Parry NA <br />Action: <br />Permit Application with objections <br />X Violation <br />Extension of Board-ordered deadline <br />Other (specify) <br />Resolution: <br />RECEIVED <br />DEC 0 7 2010 '-"-- <br />GRAND JUNe; 0 UN FIELD OFFICE <br />DIVISION OF <br />RECLAMATION VINING & SAFETY <br />Board consideration of a Possible Violation, Cease and Desist Order, corrective actions and civil penalties <br />for failure to obtain first from the-Board or Office a reclamation permit prior to engaging in a new <br />operation. <br />NATURE OF VIOLATION: <br />The Operator has affected substantial acreage (approximately 3-4 acres) outside the permit boundary <br />approved under the terms of DRMS Permit No. M-1983-011. <br />CHRONOLOGY. <br />October 14J.2010 -The Division conducted an inspection of the site and found that land had been <br />affected outside of the approved permit boundary. <br />October 28, 2010 - A Reason to Believe a Violation Exists and Notice of Board Hearing letter was sent, <br />certified mail, to the operator. <br />STAFF RECOMMENDATION: <br />Violation: <br />Find a violation of C.R.S. 34-32-109 for failure to first obtain from the board or office a reclamation <br />permit prior to engaging in a new operation. <br />Cease and Desist Order: <br />?o <br />Issue a Cease and Desist Order prohibiting any further mining activities, except those activities required <br />to prevent damage to off-site areas, or protect public health and safety until the Operator complies with <br />the MLRB order.