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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />ORDER <br />IN THE MATTER OF MT. ELBERT MINING CO., LLC, REQUEST FOR <br />EXTENSION OF TIME TO COMPLETE BOARD - ORDERED COMPLIANCE FOR <br />MV- 2010 -036, File No. M- 1983 -011 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />August 10, 2011 in Denver, Colorado as a consent agenda item to consider a request <br />from Mt. Elbert Mining Co., LLC ( "Operator ") for an extension of time to complete <br />the Board ordered corrective actions for MV- 2010 -036, file number M- 1983 -011. <br />There were no appearances on behalf of the Operator. Dustin Czapla appeared on <br />behalf of the Division of Reclamation, Mining and Safety ( "Division "). <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 />1. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5 -104 through 107, and -124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ( "Act "). <br />2. The Operator holds a 110(2) permit for a 9.5 -acre gold mining operation. <br />The site, known as the Willow Creek Mine, is located in Section 6, Township 11 <br />South, Range 80 West, 6th Principal Meridian, Lake County, Colorado. <br />3. The Board originally heard this matter at its December 15, 2010 <br />meeting. The Board found the Operator in violation of section 34- 32.5- 109(1), <br />C.R.S. for failure to obtain a reclamation permit prior to engaging in a new <br />operation (violation number MV- 2010 -036). <br />4. On January 5, 2011 the Board issued an order which required the <br />Operator to submit, within 180 days of the signature date of the order, a conversion <br />application to convert the current 110(2) permit for the Willow Creek Mine to a 112 <br />permit that includes all lands affected by the mining operation. <br />5. The Operator submitted the required conversion application. The <br />Division notified the Operator that the application was complete for filing purposes <br />on May 2, 2011. <br />