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information supplied or removal and sale of the material could result in a reversal <br /> of the decision. <br /> 6. On May 16, 2014, the Division received a verbal complaint from a <br /> neighbor that crushing was being conducted at the site. <br /> 7. On May 19, 2014, the Division inspected the site. The Division found <br /> that the scope of the operation is similar to that of 2013, with the addition of <br /> crushing. Mr. Avery, representing the Operator, stated that the crusher is operated <br /> by C&J Gravel and that the material was being hauled to property across the road <br /> for use as a barn foundation that Mr. Avery was using for his personal use. The <br /> Division found that neither the Operator nor Mr. Avery have clear water rights to <br /> fill the pit with water. <br /> 8. On June 5, 2014, the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter. The Division's letter provided notice regarding the alleged <br /> violations and information about the July 2014 hearing. <br /> 9. On June 6, 2014, the Division inspected the site. The Division found <br /> two excavations; the material from one excavation was being trucked from the site. <br /> The Division also observed large piles of crushed gravel and active crushing <br /> operations at the site. <br /> 10. On June 11, 2014, the Division received both a written complaint from <br /> a neighbor to the site and a request from a neighbor's attorney that the Division <br /> issue a cease and desist order. <br /> 11. On June 11, 2014, the Division responded to the site and verbally <br /> recommended to the Operator that it cease operations and discontinue hauling <br /> material from the site until it obtains a permit. <br /> 12. On June 16, 2014, the Division received written notice from the <br /> Operator that it would voluntarily temporarily cease operations and seek to obtain <br /> a permit for the site. <br /> 13. On June 23, 2014, the Operator submitted to the Division information <br /> regarding water rights. <br /> 14. On July 11, the Division received an incomplete 110c application from <br /> the Operator. <br /> 15. On July 14, 2014, the Division received a written complaint from a <br /> neighbor of the site. <br /> Luke the Duke, LLC <br /> M-2013-036, Cross Creek Ranch <br /> MV-2014-023 2 <br />