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~~- k, I~ b ~ <br />~'. M ~-~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />RECEIVED <br />~Y 2 4 2006 <br />1 ~ Division ~f Minerals and Geology <br />1N THE MATTER OF ALBERT FREI & SONS' POSSIBLE NOTICE OF VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL PENALTIES FOR <br />FAILURE TO OBTAIN DIVISION APPROVAL PRIOR TO CONSTRUCTING A <br />SLURRY WALL, FILE NUMBER M-1977-526 <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on <br />April 12, 2006, in Denver, Colorado for a hearing to consider a possible notice of violation, <br />cease and desist order, corrective actions and civil penalties for failure to obtain the Division <br />of Mineral and Geology's ("Division") approval prior to constructing a slurry wall. Ben <br />Frei and Steve O'Brien appeazed on behalf of Albert Frei & Sons ("Operator"). Berhan <br />Keffelew appeared on behalf of the 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 possesses a Section 112 Reclamation Permit to operate a sand and gravel <br />mine on approximately 160.90 acres. The pit is refereed to as the Worthington Pit and is <br />located in Section 26, Township I South, Range 67 West, 6`s P.M. in Adams County, <br />Colorado. <br />2. The Division inspected the site on March 8, 2006 and met with the Operator that same day. <br />The Division inspector observed that the Operator had placed a slurry wall azound, a <br />portion of the permit area prior to Division review and approval. The slurry wall is not <br />included in the Operator's reclamation plan. <br />~~~~~ ~ ~~ <br />Albert Frei & Sons <br />M-1977-52fi <br />