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~~~,~c~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FAC"1~CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF DIRT MERCHANT CONSTRUCTION'S POSSIBLE NOTICE OF <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIV~ Ij/ <br />PENALTIES FOR MINING WITHOUT A PERMIT, FILE NUMBERIvI-2006-02T~ <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on June <br />14, 2006, in Denver, Colorado for a hearing to consider a possible notice of violation, cease <br />and desist order, corrective actions and civil penalties for mining without a permit. The file <br />number in this matter is M-2006-027. Brian Wells appeared on behalf of Dirt Merchant <br />Construction ("Operator"). Russ Means appeared on behalf of the Division of Minerals and <br />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 appears to have conducted unpermitted mining operations on a site located in <br />Section 17, Township 15 South, Range 95 West, 6th Prime Meridian, in Delta County, <br />Colorado. The total disturbed azea on the site is approximately 2.9 acres. <br />2. In response to a written complaint dated March 14, 2006, the Division inspected the site on <br />March 20, 2006. The Division inspector observed that the Operator had excavated a pond <br />or pit measuring approximately 360 feet by 348 feet and approximately eight to ten feet <br />deep. The Division inspector noted the Operator stated that most of the excavated <br />materials were used for field and ranch road improvements. However, the Operator said <br />some materials were trucked to a commercial building site in Delta and to a nearby <br />