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V <br /> V � <br /> RESEIVEB <br /> CONSENT AGREEMENT JUN 25 Z01d <br /> DM$M OF RECLAMATION <br /> Date: June 18,2018 <br /> MINING AND SAFETY <br /> Operator: Dale and Ellen Schmidt <br /> Permit No.: M-2011-014 <br /> Operation: Schmidt Site <br /> Permit Type: 110c <br /> Specialist: Lucas West <br /> Action: Possible Violation of section 34-32.5-116(4)(1) C.R.S. and 34-32.5-124 C.R.S. <br /> Resolution: Dale and Ellen Schmidt(Operator),concedes to the violation of section 34-32.5- <br /> 116(4)(1)C.R.S.,for failing to protect areas outside the affected land from slides and damage <br /> during the mining operation and reclamation. The Operator also concedes to a violation <br /> pursuant to section 34-32.5-124 C.R.S.for failure to comply with the conditions of the approved <br /> permit;and to the Cease and Desist Oder, Corrective Actions,and Civil Penalties provided <br /> herein,for the Schmidt Site, Permit No. M-2011-014. <br /> Chronology: <br /> • April 30,2018 DRMS received two anonymous citizen complaints <br /> • May 2, 2018 DRMS staff conducted a site inspection <br /> • May 8,2018 Inspection report issued requiring a survey of the offsite damages <br /> • May 24,2018 Reason to Believe a Violation Exists issued to the Operator <br /> • June 6, 2018 Operator's response to DRMS'corrective actions <br /> Reason for Violation: As detailed in the Division's inspection report,signed May 8, 2018, <br /> activities being conducted on site resulted In material from the construction of the access road <br /> being pushed outside of the Permit/Property boundaries. The mining activities are not being <br /> conducted in compliance with the approved mining plan,and have resulted in unsafe <br /> conditions and stability concerns as well as other problems on site. <br />