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t"'- Presentation <br />In the matter concerning the possible illegal mining activities at the Wells Pit, Division <br />reference M-2006-027, in Delta Colorado. <br />On March 14`h, 2006 the Division of Minerals and Geology received a written complaint <br />regarding the activities of Dirt Merchant Construction in the Delta area. A representative <br />filed the complaint for Grand Junction Pipe and Supply, who has a permitted site in the <br />general area. The complaint identified Dirt Merchant Construction as supplying <br />materials to the Delta County Hospital and Fox Hollow Subdivision in direct competition <br />with permitted companies in the Delta area. The complaint identified the source of the <br />materials as a pit off of 1800 Road, within the Delta City limits. The principals of Dirt <br />Merchants where identified as Leroy and/or Brian Wells. The reason the complaint was <br />filed was Grand Junction Pipe had lost a bid to supply materials to the Delta County <br />Hospital to what they perceived as an illegal operation. <br />Division staff contacted Brian Wells on March 14`h, 2006. Staff explained the nature of <br />the complaint and inquiry process to Mr. Wells. Mr. Wells answered a few basic <br />questions concerning the activities at the site and Dirt Merchant Construction. It was <br />confirmed that some pit run materials had been hauled to a construction site at the Delta <br />County Hospital and a near by subdivision. Mr. Wells stated the materials were excess <br />from the construction of a pond and field improvements on their agricultural lands. He <br />further stated that materials were not sold but Dirt Merchant Construction received <br />payment for trucking cost. <br />An inspection of the site was done on March 20"', 2006. Division staff met with Leroy, <br />Brian and Troy Wells, principals for Dirt Merchants and landowners of the disturbed <br />area. The inspection noted a disturbance of approximately 2.9 acres on the western end <br />of a large agricultural field. A dry screen, small stockpile of river run materials and a <br />loader were observed within the pit area. Excavation was approximately 8 to 10 feet <br />deep with highwalls along the south and north of approximately 6 feet in height. The <br />Wells were given an "Is it Mining Questionnaire", which was completed and returned to <br />the Division at a later date. <br />Staff discussions on site with the Wells established or collaborated the following <br />information: <br />1) The site has been used historically by the Wells for general agricultural use. <br />Materials have been used for roads and projects on lands contiguously owned by <br />the Wells Family. A large field directly to the east of the excavation area had <br />been leveled very recently and the Wells said a major portion of the excavated <br />materials went into that project. <br />2) The Wells appear to be building an agricultural pond. They are aware of the <br />Office of State Engineer requirements for building such structures and have the <br />water rights to do so if they desire. <br />3) Some fill materials were shipped to the Delta County Hospital for an auxiliary <br />building. The materials were excess from their pond /field leveling activities. <br />