PERMFILE64218

• Permit No: C1982054
• IBM Index Class Name: Permit File
• Doc Date: 7/25/1990
• Doc Name: DRAFT MINUTES MLRB
• Media Type: D
• Archive: No

j • DRAFT
Subject To Board Approval
Minutes, July 25, 1990
PAGE 9
It was MOPED that the Board approve Staff's recommendation in this
matter 1'o~ny the permit renewal application and forfeit the bond, as
per the Findings of Fact, Conclusion of Law and Order. SECONDED AND
PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, O'Connor, Jouflas, Danielson
and Entz).
Staff Presentation by Daniel I. Hernandez:
20. FORMAL PUBLIC HEARING
Y File No. M-77-270
P. 0. Box 2379
Colorado Springs, CO 80901
All persons wishing to give testimony were sworn.
Sec. 32, T13S, R67W, E1 Paso County, 120.65 acres; 112 limestone
quarry. Consideration of possible notice of violation, cease and
desist order, corrective actions and civil penalties for failure to
comply with the conditions of an Order.
It was noted that the Board would consider this Item along with Item 21.
Staff reminded the Board that this operator had presented information
at the June Board Meeting, regarding reclamation work which had and had
not completed with regard to the August 1989 Board Order. Staff
provided information that the August 1989 Board Order had been modified
in November of 1989, which changed same of the deadlines for completion
of required reclamation. The Division received complaints from an
adjacent landowner, after the operator failed to meet the deadline for
the planting of trees by June 1, 1990.
Staff stated that an inspection of the site was conducted on June 21
1990 (the operator showed pictures from that inspection at the June
Board Meeting). The reclamation work completed at the site was
discussed.
Staff recommended that the amount of the civil penalty that was
originally suspended by the Board be reinstated, i.e., 5150 per day for
21 days of duration, because the operator failed to comply with the
Board Order. The Board suspended E2 ,150 of that civil penalty, if the
deadlines were met by the operator. Staff presented EXHIBIT A - a
presentation (civil penalty) form. It was recommende3~a `tTie Board
not issue a cease and desist order, in order to allow the operator to
continue reclamation.
Corrective action would be the modification of the previous corrective
action deadlines, and the civil penalty would be the previously
suspended 52,150.
Mr. Paul Evans, an attorney representing the operator, and Mr. Mark
Heifner, an environmental consultant for the operator, were present.
At Mr. Evans' request, Mr. Heifner responded to information provided by
Staff, regarding non-compliance with the Board Order.