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permit for the Willow Creek Mine to a 112 permit that includes all lands affected <br />by the mining operation. <br />6. The Operator submitted the required Hard Rock/Metal Mining <br />Regular Operation (112) Reclamation Permit Conversion Application ( "CN1 ") on <br />May 2, 2011. <br />7. The Division received an objection to CN1 from Dennis Smith on <br />June 29, 2011. <br />8. On July 6, 2011, the Operator, through Angela Bellantoni, requested <br />an extension of the deadline to complete the corrective action ordered by the Board <br />to August 31, 2011. The Board approved the Operator's request by an order <br />effective July 28, 2011. <br />9. On July 25, 2011 the Operator requested an additional extension of <br />the deadline to complete Board - ordered corrective action to January 31, 2012. The <br />Board approved the Operator's request by an order effective September 1, 2011. <br />10. Upon review of the materials submitted with CN1 and a subsequent <br />site visit, the Division found both that mining disturbance occurred on land owned <br />by the USFS and that such land had not been included in the affected area proposed <br />by CN1. In order to include the USFS land, the Operator submitted an amended <br />CN1 application on September 26, 2011. The Division deemed the amended CN1 <br />filed on September 29, 2011. <br />11. The Willow Creek Mine is an open -pit placer operation. Minerals are <br />extracted from the mine with a front -end loader and dozer; minerals are processed <br />on -site with a gravity sluice apparatus that does not require the use of chemicals. <br />12. The land to be incorporated into permit number M- 1983 -011 through <br />CN1 is currently rangeland and proposed to be reclaimed as rangeland. <br />13. Approval of CN1 would add 33.88 acres to the currently permitted area <br />for a total of 43.38 acres. The Operator owns all of the proposed affected area <br />except for 0.94 acres of USFS land. Only reclamation will occur on USFS land. <br />14. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ( "Act "). <br />15. Rule 2.8.1(1) of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining <br />Operations provides, in part: "Any party who does not attend the Board Hearing <br />Mt. Elbert Mining Co., LLC <br />Willow Creek Mine/M- 1983 -011 <br />CONCLUSIONS OF LAW <br />2 <br />