Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2011-012 <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 ENGAGING IN A NEW MINING OPERATION WITHOUT A RECLAMATION <br />PERMIT, File No. M-2011-014 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />May 11, 2011 in Denver, Colorado for a hearing to consider the possible violation by <br />Dale and Ellen Schmidt ("Operator"), cease and desist order, corrective actions and <br />civil penalties for mining without a permit, file number M-2011-014. Dale Schmidt <br />appeared on behalf of the Operator. Kate Pickford appeared on behalf of the Division <br />of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the materials presented, the parties' <br />presentations, and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. On September 28, 2010, the Division received a written complaint from <br />the Aspen Springs Metropolitan District regarding a possible illegal mining operation <br />in the 300 block of River Run Drive, on property owned by Dale and Ellen Schmidt. <br />2. On November 30, 2010, the Division inspected an area in Archuleta <br />County located approximately 11 miles west of Pagosa Springs, Colorado in the Aspen <br />Springs subdivision. At the site, the inspector observed excavation into a hillside <br />approximately 0.5 acre in size. The excavation consists of a leveled pit floor and <br />approximately 500 linear feet of highwall up to 8 feet high. The highwall is nearly <br />vertical. Approximately 9,000 cubic yards of material has been removed from the site. <br />3. Following the inspection, the Division contacted Dale Schmidt. The <br />Operator stated that he was leveling the lot to store equipment and that he sold the <br />material excavated from the site to cover his costs. <br />4. The Division mailed a Notice of a Reason to Believe a Violation Exists <br />letter to the Operator on February 23, 2011, informing the Operator of the possible <br />violation and providing details regarding a hearing on this matter scheduled for <br />May 11, 2011. <br />5. The Operator has removed fill or construction material from the site. <br />The Operator has also transported such material at and from the site. The material