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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 />July 8, 2011 <br />Mr. Scott Davis <br />Schmidt Construction Company <br />2635 Delta Drive <br />Colorado Springs, Colorado 80910 <br />Dear Mr. Davis <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAF ETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: Schmidt Construction, Menzer Quarry, Permit No. M- 1976 -009 HR, Reason to Believe a Violation <br />Exists Letter. <br />On June 15, 2011, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of your mine in <br />response to a Citizen's complaint letter. The letter stated that rock fall from your quarry had damaged Turkey Creek <br />and affected areas along the common road. During the inspection, the Division verified that areas outside of the <br />permitted affected area boundary had been disturbed and rocks were noted in Turkey Creek. <br />The Division believes this is a possible violation of Sections 34- 32.5 - 116(4) (h) of the Mined Land Reclamation Act <br />for failing to minimize damage to the prevailing hydrologic balance during the mining operation and 34- 32.5 - 116(4) <br />(i), for failure to protect areas outside of the affected land from slides or damage occurring during the mining and <br />reclamation operation. <br />Therefore, the Division has reason to believe a violation exists to the law or Permit No. M- 1976- 009HR, and has <br />scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the August 10 -11, 2011 Board meeting for consideration of a possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado beginning at 9:00 a.m. or <br />as soon thereafter as the matter can be considered. At that hearing, you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the provisions noted above. <br />If the Board finds a violation at the hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in the <br />amount of $100.00 to $1000.00 for each day of violation and order the permit suspended, modified or revoked. If you <br />have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />to the Division as soon as possible or bring it to the hearing. <br />Following the hearing, the parties will have an opportunity to review and comment on a draft of the Board's order if <br />requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or <br />before your hearing, or you may request to review the draft order at the hearing. You must include your mailing <br />address and, if possible, a fax number. You will be provided a copy of the draft order for your review as soon as it is <br />available. Please note that the Division has requested the opportunity to review the draft order in this matter. The <br />Board must receive any written comment within seven days following the mailing of the draft order, unless that <br />deadline is extended for good cause. Submit all comments in writing to John Roberts, Assistant Attorney General, <br />1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone no. (303) 866 -4395, fax no. (303) 866 -5395. The <br />Board will resolve any issues regarding the form of the order. This process does not affect your right to request <br />reconsideration by the Board or appeal the substance of the order. <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />