2011-07-28_ENFORCEMENT - M1983011

Home Browse Search

BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV-2010-036 FINDINGS AND ORDER IN THE MATTER OF THE OPERATOR'S REQUEST FOR A DEADLINE EXTENSION, File No. .M -1.983 -011 RECEIVED JUL 2 6 2011 Division of Reclamation, Mining & Safety THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on July 13, 2011 in Denver, Colorado as a consent agenda item to consider a request to extend the decision deadline, file number M -1.983 -011. The Board, having considered the materials presented with this consent agenda item and having been otherwise fully informed of the facts in the matter, hereby enters the following: 1. The Board has jurisdiction over this matter pursuant to sections 34 -32 -104 through 107, and 124 of the Colorado Mined. Land Reclamation Act, Article 32 of Title 34, C.R.S. (2010) ( "Act"). 2. Mt. Elbert Mining Co., LLC ( "Operator") holds a 110(2) permit for a 9.5 -acre open pit, placer gold mining operation. The site, known as the Willow Creek Mine, is located in Section 6, Township 11 South, Range 80 West, 6 Principal Meridian, which is approximately 9.6 miles southwest of Leadville in Lake County, Colorado, permit number M-1983-011. 3. The Board considered this matter at its December 2010 meeting. On the basis of a consent agreement between the Operator and the Division of Reclamation, Mining and Safety ( "Division "), the Board found that the Operator had affected 3 -4 acres of land outside of the approved permit boundary by excavating on the west side of the pit extended past the approved affected area boundary onto U.S. Forest Service land. The Operator did not have a .reclamation permit for the disturbance outside of the approved boundaries, and therefore engaged in a mining operation without a permit. The Operator admitted the violation asserted by the Division, agreed to the proposed corrective action, and agreed to a civil penalty. 4. In a written order effective January 7, 2011 . ( "January 2011 Order"), the Board (a) ordered Operator to cease and desist all activities on lands outside the approved boundary, (b) ordered Operator to provide all materials necessary to allow for Division approval of an amendment or conversion application to Permit No. M- 1983 -011, addressing the incorporation of all lands affected by the mining operation into the approved affected area within 180 days, and (c) levied a civil penalty of $34,000 with all but $1,000 suspended pending timely compliance with the corrective action. 5. On April 8, 2011, the Operator submitted an incomplete conversion application, CN1. On May 2, 2011, the Division notified the Operator that application CN1 is complete for the purposes of filing. 6. On June 24, 2011, the Division received an objection to application CN1