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.ZI~~oN / . <br />From`-M~~ .i <br />rc'- (~oara. UrcLel- <br />3EFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />~~~~ ~~~~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF ENVIROCON'S POSSIBLE NOTICE OF VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO OBTAIN A PERMIT, FILE NUMBER M-1977-153 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />January 20, 2004, in Denver, Colorado for a hearing to consider a possible notice of <br />violation, cease and desist order, corrective actions and civil penalties for failure to obtain a <br />permit prior to engaging in a new mining operation. Marilyn Jenkins Milner appeared on <br />behalf of Envirocon, Inc. ("Operator"). Steve Brown and Tony Waldron appeared on behalf <br />of the Division of Minerals and Geology ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator is under contract to Denver W ater to construct a slurry wall around an <br />existing reclamation pit in Adams County, Colorado. The pit is located in Section 3, <br />Township 2 North, Range 67 West, 6`h P.M. in Adams County. <br />2. The Division inspected the site on December 18, 2003. The Division inspector observed <br />that the Operator prepared an area adjacent to, but outside of, an existing permit boundary <br />by clearing existing structures such as fences and old buildings, removing and stockpiling <br />topsoil, excavating a large depression and exporting the material from the depression to <br />another permitted site, constructing a small slurry pond within the depression, and <br />installing a slurry wall on one side of the disturbed area. The inspector noted that activities <br />