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The Wells stated that Dirt Merchant Construction did not receive compensation <br />for the materials, but were paid for haulage expenses. <br />4) Additional fill materials were trucked to a near by subdivision. The subdivision is <br />a project of Leroy Well's daughter. The property is not contiguous to the other <br />Wells properties. <br />The Division's investigation into this matter verifies that a large portion of the materials <br />appear to have been used for agricultural purposes. This activity is permitted under <br />Exemption #1 of the "Need for Reclamation Permit" policy established by the Board. <br />Where staff feels a violation may exist is that Dirt Merchant Construction bid on and won <br />a contract to supply materials to a commercial construction site in direct competition <br />against permitted companies in the area. Although Dirt Merchant Construction appears <br />not to have received compensation for the materials itself, they did receive monetary <br />payment for shipping costs, which was a direct advantage over other permitted <br />companies. The fill materials supplied to the subdivision is in contradiction to <br />Exemption 1 of the Board Policy in that it is a residential development project and not <br />contiguous to the other Wells properties, even though apparently owned by a Wells <br />family member. <br />Staff would like to note that the Wells have been very cooperative. The Wells are <br />currently working on a 110c permit application for this site. <br />