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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV -2019-031 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY KELLY TRUCKING, INC.; <br />CEASE AND DESIST ORDER; CORRECTIVE ACTIONS; AND CIVIL PENALTIES <br />FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A <br />NEW OPERATION, File No. M-2019-053 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 13, 2019 in Denver, Colorado to consider the possible violation by Kelly <br />Trucking, Inc. ("Operator"), cease and desist order, corrective actions, and civil <br />penalties for failing to obtain a reclamation permit prior to engaging in a new operation, <br />file number M-2019-053. Brock Bowles and First Assistant Attorney Jeff Fugate <br />appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). John <br />Kelly, Kurt Hogan, Calvin Kelly, and Colin Walker, Esq. 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 has a borrow materials site located in Section 6, Township 3 <br />South, Range 64 West, 6'h Prime Meridian in Adams County, Colorado, file number M- <br />2019-053. The site's current area of disturbance is approximately 21.8 acres. <br />2. On September 23, 2019, the Division received a notification from Adams <br />County representatives about a possible unpermitted mining operation at the site. <br />3. On October 4, 2019, the Division inspected the site. During the <br />inspection, the Division observed extensive work being performed at the site, with thirty <br />to forty haul trucks loaded during the ninety -minute inspection. The Division also <br />observed a bulldozer, three excavators, two scrapers, one road grater, one water truck, <br />and one field tanker on the site. <br />4. The inspection report, signed October 10, 2019, stated that the land was <br />owned by Phyllis Kelly, who is associated with Kelly Trucking. Cal Kelly of the Operator <br />informed the Division that Kelly Trucking was excavating a hill in the middle of the field <br />to better contour the land for farming and that the material was being transported to and <br />used in a construction project at the Denver International Airport. Excavation had <br />started in July 2019 and was expected to be completed at the end of October 2019. A <br />total of 100,000 cubic yards of material was expected to be excavated and transported <br />