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1 <br />CJ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br /> <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. <br />M-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 />December 15, 1999 for a heazing, the Board makes the following Findings of Fac[ and <br />Conclusions of Law, and enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. 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. On October 6, 1999 the Board issued an Order granting Melby an extension of the <br />compliance date by which he had to secure his 110 permit to November 26, 1999. That Order is <br />incorporated by reference herein. <br />4. On December 6, 1999 the Board issued a second Order granting Melby a further <br />extension of the compliance date by which he had to secure his 110 permit to December 10, <br />1999. That Order is incorporated by reference herein. <br />5. On December 15, 1999, Melby again appeazed before the Board to request a <br />further extension to comply with the corrective action described in Paragraph 2 above so that he <br />could comply with application exhibit adequacy requirements from the Division. <br />6. The Board finds that a further extension of the compliance date is warranted in <br />order for Melby to comply with the NOV. <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that where NOV <br />No. MV-99-022 required Melby to secure a 110 permit by September 27, 1999, that compliance <br />date is hereby extended to the January 26-27, 2000 Board heazing date. <br />