2019-05-24_ENFORCEMENT - M2011014

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No. MV- MV- 2019-008 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF A POSSIBLE VIOLATION BY DALE AND ELLEN SCHMIDT, CEASE AND DESIST ORDER, CORRECTIVE ACTION, AND CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THE CONDITIONS OF A BOARD ORDER, File No. M-2011-014 THIS MATTER came before the Mined Land Reclamation Board ("Board") on April 24, 2019 in Denver, Colorado to consider a possible violation by Dale and Ellen Schmidt ("Operator"), cease and desist order, corrective action, and civil penalties for failure to comply with the conditions of a board order, file number M- 2011-014. The Board, being fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. The Operator holds a 110c permit for a 2.7 -acre barrow operation in Section 1, Township 34 North, Range 3 West, Pagosa Springs, Archuleta County, Colorado. The site is known as the Schmidt Site. 2. On June 20, 2018, the Operator admitted to failing to protect areas outside of the affected land from slides or damages occurring during the mining and reclamation operation and failing to comply the conditions of a permit. The Operator also agreed to the Division's recommendations. 3. In an order effective August 16, 2018, the Board found the Operator to be in violation of sections 34-32.5-116(4)(i) and 34-32.5-124(1). The Board also imposed several corrective actions. Relevant to this proceeding, Corrective Action 2 directed the Operator to submit a technical revision to the Division within sixty days of the August 16, 2018 Order to update mining and reclamation plans to address the reclamation of the highwalls, construction schedule for the storm water control features, and provide structure agreements for the power pole and lines located within the permitted area.