Laserfiche WebLink
~ ui i]nuii~i~i~ii~l <br />DEPARTMENT OF NATURAL ktJVUnt.~~ <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. $H ELTO N, Director <br />Richartl D. Lamm <br />Governor <br />July 2, 1984 <br />Mr. Donald F. Schmalz <br />Schmalz Construction, Ltd. <br />719 South Boulevard <br />Gunnison, Colorado 81230 <br />RE: Schmalz Construction Pit - Section 34, TS ON, R1W, File No. M-84-069 <br />Notice of Violation and Cease and Desist Order <br />Dear Mr. Schmalz: <br />Action by the Colorado Mined Land Reclamation Board at their June 27, 1984 <br />meeting resulted in their issuing the enclosed Notice of Violation and Cease <br />and Desist Order applying to the operation described above. <br />The Cease and Desist Order requires an immediate cessation of mining at the <br />above described site. Since your attorney, Mr. Robert E. Wright, waived your <br />right to a formal public hearing (as per your instructions to him), the Board <br />also considered the question of civil penalties against your company for the <br />violation found. After hearing evidence concerning your activities on the <br />site, the Board levied a civil penalty of $100.00 for one day of violation. <br />This penalty is payable to our Division within 30 days of the Board's <br />June 27, 1984 action. <br />On the same day, June 27, 1984 the Board also approved the limited impact <br />permit application for this same operation and set the amount of the financial <br />warranty at $5,000.00 for a maximum affected area of 2.0 acres within the <br />permit area of 9.8 acres. The Board made this decision after hearing a staff <br />report concerning the particulars of the application and concerning the <br />protest areas of the local residents as received by our staff. The Board also <br />heard testimony from one protester, Mrs. Mildred L. Wegert. The Board felt <br />that, in general, the protest areas were either beyond the jurisdiction of the <br />Board or had been adequately responded to in your application. The one <br />exception to this was the potential wildlife issue. Thus, the permit was <br />approved with a stipulation that Schmalz Construction, Ltd. will agree to <br />incorporate further, reasonable impact mitigation suggestions from the <br />Colorado Division of Wildlife that may be received in response to your request <br />to them of June 11, 1984. The exact wording of the stipulation approved by <br />the Board will appear on your permit for this site when it is issued. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30z) 866-3567 <br />