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<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 CRAIG MILLER d.b.a. WOODLAND HOMES/WOODLAND <br />PROPERTIES II AND NOTICE OF VIOLATION NO. MV-2000-040, FILE NO. <br />M-2000-060, ASSESSMENT OF CIVIL PENALTIES <br />THIS MATTER came before the Mined Land Reclamation Board ("the Board") on November <br />14, 2000, for a hearing to consider the issuance of civil penalties in conjunction with NOV No. <br />MV-2000-040. Mr. Craig Miller represented himself and Woodland Homes/Woodland <br />Properties ,II at the hearing. The Board, having considered the petition, the testimony and <br />exhibits of the parties, and having been otherwise fully informed in the premises, hereby makes <br />the following Findings of Fact and Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. On September 2l, 2000, the Board issued NOV No. MV-2000-040 ("the NOV") <br />to Mr. Miller for conducting a mining operation without a permit in violation of <br />§ 34-32.5-1090), C.R.S. The NOV required certain corrective actions of Mr. <br />Miller, and is incorporated by reference herein. <br />2. At the time the Board issued the NOV, it deferred the hearing on the assessment <br />of civil penalties in the matter to the November 14-15, 2000 meeting date in order <br />to encourage Mr. Miller to comply with the corrective actions. <br />3. As of the November 14, 2000 Board hearing date, Mr. Miller had met, and in <br />certain cases exceeded, the requirements of the corrective actions required in the <br />NOV. <br />4. Mr. Miller should pay a penalty equal to the costs incurred by the Division in <br />ensuring compliance with the law, pursuant to § 34-32.5-123(4), C.R.S. <br />5. Mr. Miller should also pay a civil penalty for conducting mining operations <br />without a permit, pursuant to § 34-32.5-123(2), C.R.S., although the penalty <br />should be minimal in light of Mr. Miller's timely and professional compliance <br />with the corrective actions. <br />