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fpm! I~ t~ _ - .. <br />fe`. (1:lytfe~ ~~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD ~ ~ ~, ,~ <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF DENVER WATER'S POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTNE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO OBTAIN A MINING PERMIT, FILE NUMBER M-1977-153` <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") 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. Michael Walker appeared on behalf of <br />Denver Water ("Operator"). Steve Brown and Tony Waldron appeared on behalf of the <br />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 />1. The Operator contracted with Envirocon, Inc. to construct a slurry wall azound an existing <br />sand and gravel extraction pit in Adams County, Colorado. The pit is leased to another <br />company, Suburban Sand and Gravel, but the Operator owns the property and initiated <br />installation of the slurry wall. The pit is referred to as Reclamation Pit No. 1 or the <br />Hazeltine Pit and is located in Section 3, Township 2 North, Range 67 West, 6`h P.M. in <br />Adams County. <br />2. The Division inspected the site on December 18, 2003. The Division inspector observed <br />that the Operator's contractor prepared an area adjacent to, but outside of, an existing <br />permit boundary by clearing existing structures such as fences and old buildings, removing <br />