Laserfiche WebLink
STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION Of <br />RECLAMATION <br />MINING <br />SAFETY <br />February 25, 2011 <br />Dale & Ellen Schmidt <br />472 Meadows Dr. <br />Pagosa Springs, CO 81147 <br />RE. Schmidt Topsoil, File No. M-2011-014, Reason to Believe a Violation Exists <br />Dear Mr. Schmidt: <br />John W. i <br />_ 1--- Hickenlooper ? " <br />Governor <br />Mike King <br />Executive <br />Director <br />Loretta E. Pifieda <br />Director <br />On November 30, 2010, the Division of Reclamation, Mining and Safety (Division) conducted an inspection, <br />based on a written complaint from the Aspen Springs Metropolitan District, of a property located on River Run <br />Dr., in the Aspen Springs subdivision in Pagosa Springs, CO. During the inspection, it was discovered that: <br />Approximately one-half acre has been disturbed at the property consisting of, an excavation into the toe of a <br />hillside with high walls up to 8 feet in height and approximately 500 feet in length. A reclamation <br />permit has not been issued for this site. <br />The Division believes that this is in violation of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. 34-32.5-101 et. seq., specifically C.R.S. 34-32.5-109(1) as amended for failure to <br />obtain a Reclamation Permit before engaging in a new mining operation. <br />Therefore, the Division has reason to believe that a violation exists, and has scheduled this matter before the <br />Mined Land Reclamation Board (Board). <br />A Formal Board Hearing will be held during the May 11 & 12, 2011 Board meeting for consideration of a <br />possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, be ' igatr <br />9:00 a.m. or as soon thereafter as the matter can be considered. You will have the opportunity a represented <br />and heard at the hearing. If the Board finds a possible violation at this hearing, it may issue a Cease and Desist Order, assess a civil penalty <br />in the amount of $1000.00 to $5000.00 for each day of violation. If you have evidence indicating that the possible <br />violation(s) noted above do not exist or have been corrected, please provide it to the Division as soon as possible <br />or, alternatively, bring it to the Board hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order <br />before it becomes final. If you wish to do so, you must provide the Board with a written request to review the <br />draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you <br />request to review the draft order. You must include your mailing address and, if possible, a fax or email <br />address. You will be provided a copy of the draft order by e-mail for your review as soon as it is available, unless <br />a hard copy by mail is requested. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines