INSPEC46168 - Laserfiche WebLink

Home Browse Search

Minutes, February 26-21992 ~~~~~ 6 Subject To Board Approval civil penalty for 60 days of disturbance at a rate of 3150 per day or 59,000 was recommended. Staff further recommended that the Board consider suspension of a substantial portion of the civil penalty, if the operator obtains an approved amendment or 112 conversion. Mr. Charles ButlE!r, President of the company, referenced the February 13, 1992 letter contained in Exhibit A and agreed that he knew mining was occurring outside of the permit boundary. He said an application to convert the 110 permit to a 112 permit had been mailed to the Division. He answered questions from the Board. Mr. Darryl Steele addressed the Board briefly and discussed plans for future mining. Mr. Butler, in response to a question from the Board, stated that he has an ongoing contract with the Colorado Ute Electric Association to provide mineral-grade limestone for the power plant in Craig. He said he would need to begin mining again about April 1, in order to fulfill the terms of the contract. It was MOVED that the Board find the operator in violation for mining outside the permit boundary, issue a cease and desist order applicable to the area outside of the permit boundary which would be modified 1n the event that a technical revision is approved by the Division at any time, require a corrective action including the submittal of an amendment or a 110 to a 112 permit conversion application by March 25, 1992, and that the matter of civil penalties be held in abeyance until the Board takes action regarding the operator's permit amendment or conversion. SECONDED AND PASSED UNANIMOUSLY (Danielson, Kraeger-Rovey, Cooley, Stewart, Oanni and Cattany). Staff Presentation by Larry Oehler: 5. FORMAL PUBLIC HEARING PETE KLEIN & RICHARD ZANETT File No. M-91-146 ZMK MINE CONSTRUCTION, INC. P. 0. Box 1817 Ouray, CO 81427 All persons wishing to give testimony were sworn. Sec. 2, T44N, RSW, 10th P.M., Ouray County, less than 1 acre. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for mining without a permit. Staff presented EXHIBIT A, a package of information including a presentation form, January 30 and February 24, 1992 letters from the Concerned Citizens of Ouray County and a February 19, 1992 letter from one of the operator's Customers. On February 3, 1992 the Division received the January 30, 1992 letter from the Concerned Citizens of Ouray County in which they complained that from approximately July 22 to August 3, 1991, the operators excavated and sold gravel from their property without a permit.