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~D DR~~~ <br />~; N) l ~ ,~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO t <br />FINDINGS OF FACT, <br />RE~CEIVED <br />/AUG 2 2 2006 <br />Division of Reclamation, <br />Mining and Safety <br />OF LAW AND ORDER <br />IN THE MATTER OF DIRT MERCHANT CONSTRUCTION'S REQUEST FOR <br />EXTENSION OF TIME TO COMPLETE BOARD-ORDERED CORRECTIVE ACTION, <br />FILE NUMBER M-2006-027 !/ <br />THIS MA"CTER came before the Mined Land Reclamation Board ("Board") on July <br />12, 2006, in Denver, Colorado for a hearing on a request by Dirt Merchant Construction <br />("Operator") for an extension of time to complete Boazd-ordered corrective action. The file <br />number in this matter is M-2006-027. Brian Wells appeared on behalf of the Operator. <br />Russ Means appeared on behalf 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 conducted mining operations on a site located in Section 17, Township 15 <br />South, Range 95 West, 6`h Prime Meridian, in Delta County, Colorado. The total disturbed <br />area on the site is approximately 2.9 acres. <br />2. On June 14, 2006, the Board held a hearing on this matter and determined that the <br />Operator violated Section 34-32.5-109(1) for mining without a reclamation permit. The <br />Board issued a cease and desist order and ordered corrective actions and the payment of <br />civil penalties. The Board-ordered corrective actions included the requirement that the <br />Operator obtain a Section 110 Reclamation Permit for the operation from the Division by <br />July 17, 2006. <br />Dirt Merchant Construction <br />M-2005-027 <br />