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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2023-023 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY MICHAEL BROWN, <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-2023-031 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on December 13, 2023, to consider a possible violation by Michael Brown <br /> ("Operator"), cease and desist order, corrective action, and a civil penalty for <br /> failing to obtain a reclamation permit before engaging in a new mining operation, <br /> file number M-2023-031. Elliott Russell appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division"). There was no appearance on behalf <br /> of Operator. <br /> The Board, having considered presentations, testimony, materials submitted, <br /> and being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. " On August 25, 2023, the Division received a complaint from the public <br /> regarding an unpermitted mining operation in Teller County, Colorado, with <br /> materials from the site being transported from the site in 14 to 15 dump trucks per <br /> day. <br /> 2. On September 27, 2023, the Division conducted an inspection of the <br /> site. The inspection report, signed November 6, 2023, stated that there was one- <br /> acre excavation at the site. Operator attended the inspection and informed the <br /> Division that he had started the excavation to create a pad that could be used to <br /> build a storage area for his excavation company. Mr. Brown informed the Division <br /> that 20 dump trucks of dirt had been removed from the site and taken to various <br /> other job sites several miles away as well as another property of Mr. Brown. Mr. <br /> Brown also informed the Division that he had submitted a site plan to Teller <br /> County before beginning excavation and provided the site plan to the Division after <br /> the inspection. <br /> 3. On November 6, 2023, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />