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... <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, .~vD ORDER <br />IN THE IvfATTER OF EV AN L. IvIELBY, INC., THE WILD HORSE PIT SITE, FILE NO. <br />M-99-073, CONSIDERATION OF A REQUEST TO EXTEND COivIPLIANCE DATES OF <br />NOTICE OF VIOLATION NO. MV-99-022 <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on November <br />18, 1949 for a hearing, the Board makes the following Findings of Fact and Conclusions of Law, and <br />enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Boazd issued Notice of Violation ("NOV") No. MV-99-022 to Evan L. Melby, Inc. <br />{"Melby") on August 19, 1999, for mining without a permit. The NOV is incorporated by reference <br />herein. <br />2. As part of the corrective action required by the NOV, Melby was ordered to secure a <br />Construction Materials Limited Impact 110 permit by September 27, 1999. <br />3. Melby attempted to complete the 110 application process without the assistance of a <br />consultant, and found he would not be able to do so by the Boazd's corrective action deadline. Melby <br />hired a consultant to compile the application file, but by then it was too late to meet the deadline. <br />4. At the September 22, 1999 Boazd hearings, Melby petitioned the Boazd for an extension <br />of the compliance date noted in Pazagraph 2 above so his consultant could complete the application <br />file. On October 6, 1999 the Boazd issued an Order granting Melby an extension of the compliance <br />date to November 26, 1999. <br />5. On November 18, 1999, Melby appeared before the Boazd to request a further extension <br />to comply with the corrective action described in Pazagraph 2 above, on the grounds that he needed <br />two extra weeks to secure his 110 permit. <br />6. The Boazd finds that a further extension of the compliance date is warranted in order for <br />Melby to comply with the NOV. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Boazd ORDERS that where NOV No. <br />MV-99-022 required Melby to secure a 110 permit by September 27, 1999, that compliance date is <br />hereby extended to December 10, 1999. <br />