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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2011 -025 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES AGAINST SCHMIDT CONSTRUCTION <br />COMPANY FOR FAILURE TO PROTECT AREAS OUTSIDE OF THE AFFECTED <br />LAND, File No. M- 1976 -009HR <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />September 14, 2011 in Denver, Colorado to consider a possible violation, cease and <br />desist order, corrective actions, and civil penalties against Schmidt Construction <br />Company ( "Operator ") for failure to protect areas outside of the affected land from <br />slides or damages occurring during the mining operation, file number M- 1976- 009HR. <br />Berhan Keffelew appeared on behalf of the Division of Reclamation, Mining and Safety <br />( "Division "). Mark Heifner and Scott Davis appeared on behalf of the Operator. <br />The Board, having considered the materials presented with this matter and <br />having been otherwise fully informed of the facts in this matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c permit for a 172.5 -acre granite quarry <br />operation. The site, known as the Menzer Quarry, is located in Section 32, <br />Township 16 South, Range 67 West, 6th Principal Meridian, which is approximately <br />17 miles southwest of Colorado Springs, Colorado in El Paso County, permit <br />number M- 1976- 009HR. <br />2. On May 3, 2011, the Division received a written complaint, alleging that <br />rock fall from the site had slid down to within fifteen feet of the access road to the <br />complainant's property and within the drainage channel of Turkey Creek. <br />3. The Division conducted an inspection of the site on June 15, 2011 and <br />observed rockslide outside the approved affected area boundary and within the <br />Turkey Creek drainage channel. The total rock fall outside the permitted affected <br />area was measured to be approximately 8, 800 square feet. Scott Davis, Glen <br />Chavez, and Mark Heifner attended the inspection. <br />