ENFORCE20261 - Laserfiche WebLink

Home Browse Search

DRAFT Min~tES, June 24-25, 1992 ~ Subject TogoardAppro~ 2~ It was MOVED that the Board, in restating and reclarifying the Motion, continue this Item to the August 1992 Board Meeting, and, in the meantime, request a opinion from the Attorney General's Office about the various legal matters raised by Mr. Steen, request that the Staff, at the August Board Meeting, present a comprehensive recommendation designed to deal with all of the issues involved with this Item, that there be no reconsideration at the August Board Meeting, unless within 20 days of today's date the remainder of the civil penalty involved in this particular Item is escrowed in the State Treasury and that it is understood that so long as the money has been paid into the State Treasury and so long as the Division is satisfied that all violations have been abated, operation of the mill will be allowed to resume in conformance with all of the normal, legal requirements. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, Stewart, Danielson, Danni and Cattany); Joufias not present for the vote. 16. FORMAL PUBLIC HEARING COLINA ORO MOLINO, INC. File No. M-83-141 P. 0. Box 80905 Seattle, WA 98108 All persons wishing to give testimony were sworn. Sec. 12, T1N, R72W, 6th P.M „ Boulder County, 7.638 acres; 110(2) underground mines and mill. Consideration of a request for reconsideration of NOV M-92-029 (failure to utilize water pumping plan) and NOV M-92-030 (failure to contain tailings in impoundment). Staff presented EXHIBIT A, the operator's petition for reconsideration. In reference to the NOV issued for failure to utilize water pumping plan, Mr. Clayton Johnson, representing the operator, addressed the Board and stated that the additional facts he could provide included information that the mill was not operated more than 31 days and that a rough draft of the utilization scheme was submitted to the Division on December 17 and 23, 1991. He said that water was pumped from the Cash Mine with the permission of the State Engineer on one occasion. The Board explained that the violation found in this matter was the result of the operator's failure to confirm a water pumping and utilization scheme, rather than for its non-submission. Mr. Wayne Tatman, the operator, discussed this matter briefly with the Board and affirmed the information provided by Mr. Johnson. Staff discussed the activities that lead to the issuance of this notice of violation and civil penalty. Staff said the Division could not verify a plan with the operator at the time and received conflicting information from the co-operators, However, the Division determined, from on-the-ground conditions at the site, that the operators were not following the original water pumping plan.