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AV COLORADO <br />Division of Reclamation, <br />-Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Co 80203 <br />May 24, 2018 <br />Schmidt Site <br />Dale Schmidt <br />472 Meadows Dr. <br />Pagosa Springs, CO 81147 <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing, Schmidt Site, Permit No. <br />M-2011-014; <br />Dear Mr. Schmidt: <br />On May 2, 2018 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of <br />the Schmidt Site, (M-2011-014) and nearby lands. During the inspection, areas were found outside the <br />affected land that the Division believes have been damaged by the mining operations. Based on the <br />findings of the inspection we believe these are violations of: <br />e C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside the affected land from slides and <br />damage during the mining operation and reclamation. <br />And <br />• C.R.S. 34-32.5-124 for failure to comply with the conditions of an order, permit or regulation. <br />Specifically the operator has failed to follow the mining plan which has resulted in damages to <br />offsite Iands and unsafe conditions surrounding the highwall areas. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34-32.5-101 et Eq., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the June 27-28, 2018 Board Meeting for consideration of <br />these possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. on June 27, 2018 or as soon thereafter as the matter can be considered. <br />At that hearing you will have the opportunity to present your defense. <br />This is an important legalyroceeding„and you must appear in person for this hearing_. If you fail to <br />appear an order and money judgment may be entered against you. In addition, failure to appear at <br />the hearing may result in legal consequences including, but not limited to, loss of party status and <br />your ability to seek reconsideration from the Board or seek judicial appeal in district court. <br />o4'CO�o <br />ati � <br />1313 Sherman Street, Room 215, Denver, co 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Robert Randall, Interim Executive Directory Virginia Brannon, Director +, <br />x1876* <br />