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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE ALLEGED VIOLATION OF SCHMIDT CONSTRUCTION CO., FII,E NO. <br />M-1988-044. <br />THIS MATTER came before the Mined Land Reclamation Board on Apri124, 2002 at Denver, <br />Colorado For hearing on a notice of alleged violation issued to Schmidt Construction Co. (hereinafter Schmidt), <br />in accordance with § 34-32.5-124(1), C.R.S. Mazk Heffner appeazed on behalf of Schmidt. AI Amundson <br />appeazed on behalf of the Division of Minerals and Geology. The Boazd, having considered the position of the <br />parties, and having been otherwise fully informed in the premises, hereby finds and concludes as follows: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter, pursuant to § 34-32.5-124(5), C.R.S. <br />2. Schmidt operates a 1540 acre 112c sand and gravel mining operation known as the Coal Creek Resources <br />Pit. This operation is located in Section 24, TSS, R65W, Arapahoe County, Colorado. <br />3. On January 17, 2002, [he Division inspected the pit in question after receiving a request to do so by the <br />Slate of Colorado Land Board. During the inspection, the Division found approximately 169 acres of <br />disturbed land, 76 acres of which is not reclaimed. <br />4. Schmidt's permit allows only 60 acres of disturbance. <br />5. The Division issued Schmid[ notice of an alleged violation and required corrective action including a <br />permit amendment application and an interim financial warranty in the amount of $270,000.00. <br />6. Schmidt admits that it exceeded the amount of disturbed acreage authorized in its permit. Schmidt <br />explained that the pemut does not define the affected land boundary. Schmidt has applied for an <br />amendment and has posted the requisite financial warranty. <br />The Division confirms that Schmidt has cooperated in taking the necessary corrective action. <br />8. § 34-32.5-112(1)(a), C.R.S. authorizes Schmidt to engage in the mining operation described in its <br />application for a permit. <br />9. Schmidt violated § 34-32.5-112(1)(a), C.R.S. by disturbing more acreage than is authorized by its permit. <br />