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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, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALI.'IbS FOR ENGAGING <br />IN ANEW MINING OPERATION WITHOUT ARECLAMATION PERMIT, File No, M -2011 -014 <br />FINDINGS OF FACT <br />RECEIVED <br />JUL 202 11 <br />oivisioff of R <br />Mlnhtg <br />THIS MATTER came before the .Mined Land Reclamation Board ( "Board ") on July 13, <br />2011 i.n Denver; Colorado for a hearing to consider Dale and Ellen Schmidt's ( "Operator") petition <br />for reconsideration of the Board's order in this matter, file number M -2011 -014. Dale Schmidt and <br />Nathan Barton appeared on behalf of the Operator. Assistant Attorney General Steven Nagy <br />appeared on behalf of the Division of Reclamation, Mining and Safety ( "Division "). <br />The Board, having considered the materials presented, the parties' presentations, and <br />having been otherwise fully informed of the facts in the matter, enters the following: <br />1. At its May 11, 2011 meeting, the Board considered this matter. The Board <br />found that the Operator, without a reclamation permit, removed fill or construction <br />material from the 300 block of River Run Drive, on property owned by the Operator, and <br />transported construction material from the site. <br />2. The Board found the Operator in violation of section 34- 32.5 - 109(1), <br />C.R.S. for failing to obtain a reclamation permit prior to engaging in a new <br />mining operation. <br />3. The Board ordered the Operator to cease and desist activities at the site until all <br />areas affected by the operation are included in a reclamation permit; imposed corrective action . <br />requiring the Operator to submit all materials necessary to allow the Board or Division to issue <br />a Construction Materials 110 Reclamation Permit; and imposed a civil penalty of $43,509.76, <br />including investigation costs. The Board suspended all but $5,509.76 of the total civil penalty <br />if the Operator timely complies with the corrective action. The Board issued a written order in <br />this matter. dated June 6, 2011 and effective June 9, 2013. ( "June 2011. Order"). <br />4. On or about June 28, 2011, the Division received a letter from the <br />Operator requesting reconsideration of the June 2011 Order. Among other things, the <br />Operator's June 28, 2011 letter requested that the :Board reduce the civil penalty imposed or <br />allow the Operator to pay the unsuspended civil penalty amount over a twelve -month <br />period and that the Board allow the Operator 365 days to apply for a Construction <br />