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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2018-029 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY WHITE WOLF <br />CONSTRUCTION & LANDSCAPING, LLC, CEASE AND DESIST ORDER, <br />CORRECTIVE ACTION, AND CIVIL PENALTIES FOR FAILING TO OBTAIN A <br />RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW OPERATION, <br />File No. M-2018-029 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />July 25, 2018 in Denver, Colorado to consider the possible violation by White Wolf <br />Construction & Landscaping, LLC ("Operator"), cease and desist order, corrective <br />action, and civil penalties for failing to obtain a reclamation permit prior to <br />engaging in a new operation, file number M-2018-018. Elliott Russell appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). Joe Montoya <br />appeared on behalf of Operator. <br />The Board, being fully informed of the facts in the matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator operates a borrow operation located in Las Animas <br />County, Colorado, file number M-2018-029. The site is known as the White Wolf <br />Construction Borrow Pit. <br />2. On May 31, 2018, the Division was investigating a complaint regarding <br />an unpermitted mining operation and discovered an additional unpermitted <br />operation. <br />3. After speaking with Joe Montoya, who identified himself as the owner <br />of the Operator, the Division conducted an inspection of the site. During the <br />inspection, the Division observed approximately .41 acres of disturbed area. The <br />site consisted of a short access road and an excavated hillside. Mr. Montoya <br />informed the Division that he was developing the site for a future building pad and <br />the removed borrow material was being used to fill the basements of two buildings <br />the Operator had demolished. <br />4. On June I, 2018, the Division received an anonymous complaint <br />regarding the Operator's unpermitted operation. <br />