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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- MV -2018-018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY DALE AND ELLEN SCHMIDT, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br />FOR FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br />SLIDES OR DAMAGE, AND FAILING TO COMPLY WITH A PERMIT, File No. M-2011- <br />014 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />June 27, 2018 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Dale and Ellen Schmidt ("Operator"), cease and desist order, corrective <br />actions, and civil penalties for failing to protect areas outside of the affected land <br />from slides or damage and failing to comply with a permit, file number M-2011-014. <br />The Board, being fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110c permit for a 2.7 -acre barrow operation in <br />Section 1, Township 34 North, Range 3 West, Pagosa Springs, Archuleta County, <br />Colorado. The site is known as the Schmidt Site. <br />2. On April 30, 2018, the Division received two anonymous citizen <br />complaints regarding the Schmidt site. <br />3. On May 2, 2018, the Division conducted an inspection of the site. <br />Lucas West conducted the inspection for the Division and Dale Schmidt was present <br />on behalf of Operator. The inspection report, dated May 8, 2018, described two <br />possible violations: failure to protect areas outside the affected lands from slides or <br />damages and failure to comply with the approved mine plan. According to the May <br />8, 2018 inspection report, on-site activities resulted in material from the <br />construction of an access road being pushed outside the permit boundaries and <br />mining activities were not being conducted in compliance with the mining plan, <br />resulting in unsafe conditions and stability concerns, among other problems. <br />4. On May 24, 2018, the Division sent Operator a Reason to Believe a <br />Violation Exists letter informing Operator of the two compliance issues raised in the <br />