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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2008-014 <br />ORDER <br />IN THE MATTER OF MULLETT EXCAVATING, LLC'S REQUEST FOR AN <br />EXTENSION OF TIME TO COMPLETE CORRECTIVE ACTIONS, File No. M-2000-115 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />March 11, 2009, in Denver, Colorado for a hearing to consider a request by Mullett <br />Excavating, LLC ("Operator") for an extension of time to complete the corrective actions <br />described in the January 7, 2009 Board Order for file number is M-2000-115. Tony Waldron <br />appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). Joe <br />Gagliano of LJ Development, Inc., appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order: <br />1. The Operator has an approved Section 112c Reclamation Permit that <br />authorizes it to extract sand and gravel from a 13-acre site. The site is located about five and <br />half miles west of Simpson Cemetery, near the town of Tyrone, in Section 19, Township 29 <br />South, Range 61 West, 6t' Principal Meridian, in Las Animas County, Colorado. <br />2. This matter was originally heard at the December 10, 2008 Board meeting. <br />The Board issued its Findings of Fact, Conclusions of Law and Board Order ("Board Order") <br />on January 7, 2009 and mailed the Order to the Operator on January 9, 2009. <br />3. The Board concluded that the Operator failed to protect areas outside of the <br />affected land by using an unapproved access road and disturbing land outside of the permit <br />area in violation of § 34-32.5-116(4)(i), C.R.S. <br />4. The Board Order directed the Operator to submit a permit amendment <br />changing the current approved permit boundary to encompass all the disturbed land outside <br />of the approved boundary. The amendment was to be submitted within 60 days with all the <br />materials in an approvable form within 180 days of the signature date of the Board Order. <br />The Board also imposed a civil penalty in the amount of $1,000 with all but $250 of the <br />penalty suspended provided that the Operator performed the corrective actions in a timely <br />manner. <br />Mullett Excavating Pit <br />Request for Extension of Time <br />M-2000-115