1992-07-21_REVISION - M1988112

• Permit No: M1988112
• IBM Index Class Name: Revision
• Doc Date: 7/21/1992
• Doc Name: MINUTES MLRB
• Type & Sequence: AM1
• Media Type: D
• Archive: No

r DR~tFT
Minutes, July Z2-24, 1992 Subject To Board Approval
Staff said that the operator, when discussing this matter with the
Division, referred to Rule 1.11.3 which states that "...other types of
excavations may or may not require minarals reclamation permits
depending on site- specific circumstances However, Staff said the
Division feels that the disturbance caused by the operator is too
substantial for the application of Rule 1.11.3 in this case.
Staff said that the Division could not require the operator to obtain a
permit to cover the entire disturbance at the site, because most of it
is pre-law, and the operator would only permit the disturbaices he has
caused. In response to an inquiry from the Board, staff said
reclamation of the approximate 35-acre disturbance would be
substantial, due to a highwall that stands approximately 100 feet,
standing ground water in the bottom of the pit, etc. Staff noted that
during the inspection, the operator indicated to the Forest Service
that he would consider undertaking other work at the <ite, e.g.,
stabilizing the highwall, etc.
At this point, Staff suggested that the Board table final disposition
of the matter until later during the Meeting, in order to allow the
operator time to reach the hearing and make a presentation.
It was MOVED that the Board table any action on this matter to the last
business of the day in order to provide the operator an opportunity to
present his evidence to the Board, if his attendance is noted prior to
the adjournment of this Meeting. SECONDED AND PASSED UNANIMOUSLY
(Kraeger-Rovey, Cooley, Stewart, Danielson, Danni and McCanncm).
~ ~ ~
The Board returned to this Item as the last business of the day
It was MOVED that the Board untable this matter and proceed with its
consideration, as stated earlier in the day. SECONDED AND PASSED
UNANIMOUSLY (Kraeger-Rovey, Cooley, Stewart, Danielson, Danni and
MCCannon).
Staff noted that the operator still had not made and appearance during
today's Meeting. Staff made two unsuccessful attempts to contact the
operator by telephone today, and, therefore, recommended ttat the Soard
go forward with a decision regarding this matter.
It was MOVED that the Board find the operator in violation for mining
without a permit, confirm the cease and desist order issued by the
Division and order the operator to secure approval and issuance of a
permit by September 22, 1992. SECONDED AND PASSED UNANIMOUSLY
(Kraeger-Rovey, Cooley, Stewart, Danielson, Danni and McCannon).
It was MOVED that the Board assess a civil penalty in the amount of
53,000, based on unpermitted mining affecting less than two acres.
SECONDED AND PASSED 5 for (Kraeger-Rovey, Cooley, Stewar~:, Danni and
McCannon>; 1 against (Danielson).