The state Department of Environmental Quality has dismissed its pending enforcement action against a Marion landowner who excavated a hillside and used the dirt to fill a big hole on another portion of his land.

Jim Timis claimed the excavation was merely a construction project, while the state declared it mining activity.

"They agreed to let it go," Timis said about the recent state administrative order dismissing the case. "The fines were dropped and we basically agreed to disagree."

In exchange for the dismissal, Timis agreed not to sue the state or any of its employees. He also must re-spread the stockpiled topsoil no later than June 1 and reseed the site.

The state, in turn, agreed to waive any penalties and won't require Timis to apply for an opencut mining permit.

Timis owns six acres in the Marion Pines Subdivision on the south side of U.S. 2 at the entrance to Marion. He also owns four acres directly across the highway where he has a home, a taxidermy shop and storage units.

He bought the Marion Pines property with the intent of creating a commercial lot and then selling it. To do that, he opted to excavate the six-acre site and move the soil to a low-lying spot on his other four acres across the highway.

The Marion Pines homeowners association complained about the torn-up hillside and the slow pace of Timis' work and eventually filed a complaint with the state.

In June 2008, state officials told Timis he was in violation of the Montana Opencut Mining Act because he had removed more than 10,000 cubic yards of material.

The state alleged he was gaining economic benefit from use of the mined materials.

Timis said he's glad to have the matter resolved, but added that the legal fees it cost to defend his project have left him financially strapped.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at [email protected]