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~ III 1111111 IIIII III ~ MINERALS PROGRAM PRESENTATION FORM Agenda Item No: General Information File No.: M-87-131 Date: Operator: R.E. Monks Construction Commodity: sand & gravel Location: Sec. 14, T195, R69W Acreage: 350 permitted Fremont County 20 proposed Specialist: Allen Sorenson Background Information The attached Notice, Findings, and Order indicate that R.E. Monks Construction Company was found to be in violation for mining without a permit, at the so-called Airport Pit #2, at the October 16, 1991 Board meeting. At the January 23, 1992 meeting, the Board ordered Monks to submit an amendment to their permit for Airport Pit #3 to encompass the area that was mined without a permit. This amendment was to be submitted by March 31, 1992, and approval was to be secured by July 31, 1992. If the required corrective actions were not completed by the stipulated dates, the Board ordered that Monks pay a $5100.00 civil penalty. The required corrective actions were not completed by the stipulated dates, in fact the required amendment was not submitted until February 9, 1993, over ten months after the stipulated date. As a result, the Division has informed Monks that the $5100.00 civil penalty is due and payable, and that Monks will not be issued any new permits until the matter of the civil penalty is resolved. Now Monks has petitioned the Board to vacate the penalty, arguing that they were in arbitration over who was responsible for the disturbance at Airport Pit #2, and in order not to prejudice their case in the arbitration, did not want to act on the amendment, or pay the civil penalty. Staff Recommendation: Any petitions to the Board for deadline extensions or Board Order modifications should have been made prior to the deadline, not nine months after the deadline had passed. The Division's view is that Monks mined Airport Pit #2 without a permit, and that a civil penalty for mining without a permit has been assessed. The penalty is past due, and should be remitted immediately. DIVISION RECOMMENDS THAT THE PETITION TO SUSPEND THE CIVIL PENALTY BE DENIED.