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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-036 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF JELEN AND SON, INC., NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND <br />CIVIL PENALTIES FOR ENGAGING IN A NEW MINING OPERATION <br />WITHOUT FIRST OBTAINING A RECLAMATION PERMIT, File No. M-1983-011 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 15, 2010 in Denver, Colorado as a consent agenda item to consider a <br />possible violation, Cease and Desist Order, corrective actions and civil penalties for <br />engaging in a new mining operation without first obtaining a reclamation permit. <br />The file number is M-1983-011. Dustin Czapla appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). There were no appearances on behalf <br />of Jelen and Son, Inc. ("Operator"). <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />hereby enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(2) permit for a 9.5-acre open pit, placer gold <br />mining operation. The site, known as the Willow Creek Mine, is located in Section 6, <br />Township 11 South, Range 80 West, 6th Principal Meridian, which is approximately <br />9.6 miles southwest of Leadville in Lake County, Colorado, permit number M-1983- <br />011. Kay Blecha is the representative for the Operator. <br />2. The Division conducted an inspection of the site on October 14, 2010 <br />and found that the Operator had affected 3-4 acres of land outside of the approved <br />permit boundary. Specifically, excavation on the west side of the pit extended past <br />the approved affected area boundary onto U.S. Forest Service land. <br />3. On October 28, 2010 the Division sent the Operator a Reason to Believe <br />a Violation Exists letter which provided notice regarding the alleged violation and <br />the hearing. <br />4. The Operator admitted the violation asserted by the Division, agreed <br />to the proposed corrective action, and agreed to the civil penalty. <br />Jelen and Son, Inc., Mining without a Permit <br />Willow Creek Mine, M-1983-011 <br />MV-2010-036