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4. The Division conducted an inspection of the Vermillion Creek Borrow <br />Area July 8, 2015. BLM was represented at the inspection by a mining engineer. <br />Mr. Raftopoulos was informed about the inspection, but did not participate. <br />5. During the inspection, the Division observed a disturbance that <br />measured at or near 3.5 acres, referred to as the Vermillion Creek Borrow Area. <br />The disturbance area included an 0.8 acre pad where there was evidence of <br />excavation of material from its native state; 0.5 acres along the creek that had <br />been widened or deepened, resulting in realignment of the creek; and 2.0 acres of <br />wetlands that was directly affected by the diversion of the creek from its natural <br />course. Specifically, the Division observed an earthen dam that been constructed <br />at the east end of the project area at the creek. The Division observed that the <br />dam consisted of materials very similar to those excavated from the site. The <br />Division noted that the constructed dam had cut off the natural flow of surface <br />water to the area. <br />6. During the inspection, the Division also observed a bridge that had <br />been constructed across Vermillion Creek at the west end of the excavation pad <br />area. The bridge structure is approximately 30 feet long by 15 feet wide, made with <br />concrete footers, cement engineered blocks, and hand -laid stone. According to BLM, <br />excavated materials were used to construct a road and ramps to the bridge. <br />7. The Division memorialized its observations during the inspection in an <br />inspection report that was mailed to Mr. Raftopoulos on July 14, 2015. <br />8. On July 9, 2015, BLM issued a Notice of Willful Trespass to Mr. <br />Raftopoulos, because the construction of the bridge was after the Notice of Trespass <br />was issued. <br />9. At the hearing, the Division testified that the material excavated from <br />the BLM property was used to build the road and ramp approaches to the bridge <br />across Vermillion Creek, as well as to build the earthen dam that resulted in a <br />realignment of Vermillion Creek. <br />10. Mr. Raftopoulos testified at the hearing and did not dispute that he was <br />responsible for the excavation of material from BLM land and using that material to <br />build the road, bridge ramps, and the dam. He testified that the work he had done <br />was to improve the land and that he had expanded the area of the wetlands. <br />11. Mr. Raftopoulos does not possess a reclamation permit for extracting <br />construction material from its natural occurrence. <br />John Raftopoulos <br />Vermillion Creek Borrow Area/M-2015-027 <br />MV -2015-016 <br />2 <br />