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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2021-018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY BRUCE NEWELL, <br />CORRECTIVE ACTIONS, CEASE AND DESIST ORDER, AND CIVIL <br />PENALTIES FOR FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW MINING OPERATION, File No. M-2021-025 <br />THIS MATTER came before the Mined Land Reclamation Board (`Board") <br />on August 18, 2021 via videoconference as a consent agenda item to consider a <br />possible violation by Bruce Newell ("Operator"), cease and desist order, corrective <br />action, and a civil penalty for failing to obtain a reclamation permit before <br />engaging in a new mining operation, file number M-2021-025. <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following; <br />FINDINGS OF FACT <br />1. On April 20, 2021, the Division of Reclamation, Mining and Safety <br />("Division") received an anonymous complaint alleging an un-permitted mining <br />operation at 21478 Highway, Divide, Colorado. The complaint also indicated that <br />material was being excavated at the site and hauled off site using public roads <br />around Teller County. The complainant identified the company conducting the <br />excavation work as "Earthworks Land Development" and the landowner as Bruce <br />Newell. <br />2. On April 27, 2021, the Division contacted Mr. Newell regarding the <br />allegations and scheduled an inspection of the site. <br />3. On May 3, 2021, the Division spoke with Jeff Regester with <br />Earthworks Land Development, Inc. <br />4. On May 20. 2021, the Division conducted an inspection of the site. The <br />inspection report, signed June 15, 2021, described an excavation that Mr. Newell <br />stated was intended to provide a large flat area for trucks delivering hay to his <br />ranch to turn around in. Mr. Regester stated that the project started in late 2019 <br />with no activity occurring in 2020 and material recently being hauled off the site. <br />The land affected by the operation was approximately .92 acres. The Division <br />