1992-07-21_REVISION - M1988112 - Laserfiche WebLink

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• Minutes, July 22-24, 1992 D RAT Subject To Board Approval It was MOVED that the Board adopt the Staff's recommendation and revoke the permit, forfeit the financial warranty and order the operator to increase the reclamation bond by 312,800 to 3.7,800. SECONDED AND PASSED UNANIFIOUSL'f (Kraeger-Rovey, Cooley, Stewa~~t, Danielson, Danni and McCannon). 8. FORMAL PUBLIC HEARING GEORGE MUSICK File No. M-91-124 Villa Grove Turquoise Mine P. 0. Box 202 Villa Grove, CO 81155 All persons wishing to give testimony were sworn. Sec. 26, T47N, RBE, Saguache County; surface turquoise operation. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for mining without a permit. Staff presented EXHIBITS A and B, a presentation form and an aerial photograph of the site,-and stated that this operation is a historical open pit turquoise mine located near the town of Villa Grove. Staff said the operator had indicated glans to attend this Meeting to give a presentation to the Board. It was noted that the operator was not present for this Meeting for reasons unknown to the Division. Staff said Mr. Musick purchased this patented land within the National Forest in 1965. Since that tine, Mr. Musick has, on occasion, excavated material from some of the dumps surrounding the open pit. This material was screened, washed and the turquoise removed by hand. The Division was made aware of this operation through a contact from the Forest Service requesting that the site be inspected. On June 9, 1992 the Division conducted an inspection of the site, accompanied by the operator and a representative from the Forest Service. At that time it was determined that the operator had been reworking the waste dumps. According to the operator, 500 to 1,000 yards have been excavated per year. Staff said the operator indic~~ted that he had excavations from the site since 1987. Staff said considered a significant operation; no blasting or is conducted at this time. Staff said that most of the site is pre-law, other than the excavations operator in the waste dumps. not conducted any that this is not >pen pit work being the disturbance at conducted by the Staff said that there is no exclusion in the Rules and Regulations or the Act for this type of activity. Therefore, the Division issued the operator a possible notice of vio ation for mining without a permit. Staff recommended that the operator be found in violation for mining without a permit, required to obtain a permit for the operation by September 22, 1992, and that a 33,000 civil penalty be assessed for under two acres of disturbance.