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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPLICATION OF MT. ELBERT MINING CO., LLC <br />TO CONVERT A 110 PERMIT TO A 112 PERMIT, File No. M- 1983 -011 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />January 11, 2012 for a hearing to consider the application of Mt. Elbert Mining Co., <br />LLC ( "Operator ") to convert permit number M- 1983 -011 from a 110(2) reclamation <br />permit to a 112 permit. Dustin Czapla and First Assistant Attorney General Jeff <br />Fugate appeared on behalf of the Division of Reclamation, Mining and Safety <br />( "Division "). Angela Bellantoni appeared on behalf of the Operator. There was one <br />objecting party, Dennis Smith. There was no appearance on behalf of Mr. Smith. <br />The Board, having considered the parties' presentations and testimony, and <br />being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. 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 />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 ( "USFS ") 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 <br />(number MV- 2010 -036) and the hearing. <br />4. The Board held a hearing on alleged violation number MV- 2010 -036 at <br />its December 2010 meeting. The Board found the Operator in violation of section <br />34 -32- 109(1), C.R.S. for failure to obtain a reclamation permit prior to engaging in a <br />new operation (violation number MV- 2010 -036). The Operator admitted the <br />violation asserted by the Division and agreed to the proposed corrective action and <br />civil penalty. <br />5. In regard to violation number MV- 2010 -036, on January 7, 2011, the <br />Board issued an order requiring the Operator to submit, within 180 days of the <br />signature date of the order, a conversion application to convert the current 110(2) <br />