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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE NOTICES OF VIOLATION ISSUED TO MULLET'S <br />CONSTRUCTION, ARTHUR VYN BOENNIGHAUSEN, ERIC FLANAGAN AND <br />MARKUS HERZOG, FILE NO. M-2002-097. <br />THIS MATTER came before the Mined Lands Reclamation Board on January 22, <br />2002, in Denver, Colorado for a hearing on a notice of violation issued by the Division of <br />Minerals and Geology, in accordance with § 34-32.5-124, C.R.S. Tony Waldron <br />appeared on behalf of the Division. Paul Snyder, Esq., appeared on behalf of Eric <br />Flanagan. Myron Mullet appeazed on behalf of Mullet's Construction. Arthur Vyn <br />Boenninghausen did not appear. Markus Herzog represented himself. The Board, having <br />considered the Applicant's motion and the responses of the Objectors and the Division, <br />and having been otherwise fully informed in the premises, hereby finds and concludes as <br />follows• .. <br />1. This matter involves a two acre sand and gravel pit located in the Sierra Mojada <br />Subdivision, Section 2, T23S, R73W, 6th P.M., Custer County, Colorado, hereinafter <br />known as the Sierra Mojada pit. <br />2. In November of 1995, Respondent Markus Herzog petitioned the Board for a <br />declaratory order for this site. Mr. Herzog expressed his intention to excavate sand <br />and gravel for the purpose of surfacing the roads for the Siena Mojada Subdivision. <br />He informed the Boazd that all sand and gravel would be used on-site, and that none <br />would leave the subdivision. He stated that the excavation would take approximately <br />