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T'0'• ~/erC~Ce1e/ ~ <br />?~ 2~'G~F v <br />BEFORE THE MINED LAND RECLAMATION BOARD j j ~ .~ ~ i~ <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, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO FOLLOW AN APPROVED MINE PLAN AND FAILURE TO MINIMIZE <br />DISTURBANCES TO THE PREVAILING HYDROLOGIC BALANCE, FILE NUMBER <br />M-1977-153 ~ <br />THIS MATTER came before the Mined Land Reclamation Boazd ("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 follow <br />an approved mine plan. Michael Walker, John Hamilton and Jim Weldon appeared on <br />behalf of Denver Water ("Operator"). Steve Brown and Tony Waldron appeared on behalf <br />of the Division of Minerals and Geology ("Division"). <br />The Boazd, 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 currently possesses an approved Section 112c Reclamation Permit for a sand <br />and gravel extraction operation in Adams County, Colorado. The extraction pit is referred <br />to as Reclamation Pit No. 1 or the Hazeltine Pit and it consists of 111 permitted acres. It is <br />located at or near Section 3, Township 2 North, Range 67 West, 6~h P.M. in Adams <br />County. Excavation activities at the pit ceased in approximately February 2003. <br />2. The Division inspected the site on December 18, 2003. The Division inspector observed <br />that a slurry wall was being installed around the approved pit. The approved reclamation <br />plan for the pit requires an unlined recreation reservoir. Installation of the slurry wall <br />