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<br />BEFORE THE MINED LAND RECLAIv1ATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF EVAN L. MELBY, INC., THE WILD HORSE PIT SITE, FILE NO. M- <br />99-073, CONSIDERATION OF A REQUEST TO EXTEND COMPLIANCE DATES OF <br />NOTICE OF VIOLATION NO. MV-99-022 <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on <br />September 22, 1999, for a hearing, the Board makes the following Findings of Fact and <br />Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />The Board issued Notice of Violation ("NOV") No. MV-99-022 to Evan L. <br />Melby, Inc. ("Melby") on August 19, 1999, for mining without a permit. The NOV is <br />incorporated by reference herein. <br />2. As part of the corrective action required by the NOV, Melby was ordered to <br />secure a Construction Materials Limited Impact 110 permit by September 27, 1999. <br />3. M~lby attempted to complete the 110 application process without the assistance <br />of a consultant, and found he would not be able to do so by the Boazd's corrective action <br />deadline. Melby hired a consultant to compile [he application file, but by then it was too late to <br />meet the deadline. <br />4. At the September 22, 1999 Board heazings, Melby petitioned the Board for an <br />extension of the compliance date noted in Paragraph 2 above so his consultant could complete <br />the application file. <br />The Division recommended to the Board that in order to help Ivlelby comply with <br />the NOV, the compliance date could be extended to November 26, 1999. <br />6. The Board finds that, despite good faith efforts. Ivtelby was unable to comply with <br />the original September 27, 1999 compliance date contained in the NOV although his effort and <br />intent indicated, his willingness to do so. Therefore, a compliance date extension is warranted in <br />order for Melby to comply with the NOV. <br />ORDER <br />Based on the above t7ndings of fact and conclusions of law, [he Board ORDERS that where <br />NOV No. MV-99-022 required Melby to secure a l 10 pernut by September 27, 1999, that <br />compliance date is hereby extended [o November 26, 1999. <br /> <br />