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• <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pesc oe, EKecullve Director <br />MINED LAND RECLAI1~bTION DIVISION <br />DAVID C. SHELTON Director <br />~~ <br />t~ . <br /> <br />Richartl D Lemm <br />Governor <br />August 4, 1983 <br />Mr. Tim Smith <br />Cotter Corporation <br />9305 West Alameda Parkway , <br />Suite 201 "~`.Q <br />Lakewood, Colorado 80226 <br />:.{ . <br />Re: Schwartzwalder Mine - File No. 77-300; Action Taken at the July 27-28 '~ <br />1983 Formal Hearing of the Mined Land Reclamation Board <br />Dear Mr. Smith: <br />...: <br />Pursuant to the authority vested in the Mined Land Reclamation Board ("MLRB") ~- <br />pursuant to C.R.S. 1973, 34-32-124, the MLRB at its Formal Hearing of <br />July 27, 1983, at which your representative was present and did participate, ~` <br />after due consideration did find Cotter Corporation to be in violat.ion~of ~~,, <br />certain provisions of permit No. 77-300, as follows: ~,, <br />~ The provisions which were violated are: a <br />a. Exhibit A, concerning the temporary waste pile, of the application <br />,,. <br />approved by MLRB on August 23, 1978; <br />.-': <br />b. Exhibits D and~E, concerning the mining and reclamation plans, ti, <br />of the application approved by MLRB on August 23, 1978. <br />The facts constituting the violations are: ~~'~''° <br />a. The temporary waste pile is larger than the 1.14 acres outlined <br />., h,>~ <br />in the permit. The temporary waste pile is in the wrong location 4- ~ <br />as outlined in the permit and is spilling into Ralston Creek. e~;= <br />b. A ~ acre unpermitted gravel pit was opened adfacent to Ralston Creeks'~~.~. <br />• ~.a <br />The Mined Land Reclamation Board waived consideration of civil penalties for <br />the permit violations. Please contact me if there are any future questions <br />or problems which I could be of assistance. .p~, <br />Sincerely, y; <br />.,. <br />~ James B. McArdle .. <br />Senior Reclamation Specialist <br />.,t. <br />JBM/mab <br />r3:~ <br />,r <br />:4' <br />i,;-. <br />423 Centennyia_l~Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 :• . <br />• 111 Illllllllllll 111 <br />999 <br />