Laserfiche WebLink
<. <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: R.E. Monks Construction Company) NOTICE OF CORRECTIVE <br />P.O. Box 25579 ) ACTION AND ORDER TO <br />Colorado Springs, CO 80936-5579) PAY CIVIL PENALTY <br />To R.E. Monks Construction Company and all other persons engaged in or owning <br />or controlling the former McGuire Pit mining operation located in Section 14, <br />Township 19.0 South, Range 69.0 West of the 6th P.M., in Fremont County, <br />Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br />findings of fact: <br />1. On October 16, 1991, the Board conducted a hearing and found R.E. Monks <br />Construction Company to be conducting the mining operation described <br />above without a permit as required by C.R.S. 34-32-101 et seq. <br />2. On October 16, 1991, the Board issued Notice of Violation and Cease and <br />Desist Order M-91-113 to R.E. Monks Construction Company. <br />3. On January 23, 1992, the Board conducted a hearing in accordance with <br />C.R.S. 24-4-101 et sea. to consider assessment of civil penalties against <br />R.E. Monks Construction Company. <br />4. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on January 23, 1992, demonstrating that: <br />a. R.E. Monks Construction Company had on June 8, 1984 entered into a <br />mining lease agreement with Dcuglas R. Kerrigan to operate in the <br />McGuire Pit. <br />b. Douglas R. Kerrigan, as ascribed in said lease, was responsible for <br />obtaining the MLRD permit for the site. <br />c. At the time during which R.E. Monks operated in the pit in 1984, <br />Douglas R. Kerrigan had not obtained the required MLRD permit. <br />d. At the October 16, 1991 Board meeting, the Mined Land Reclamation <br />Board ordered Douglas R. Kerrigan to obtain a permit for the <br />disturbance by December 11, 1991 and pay a civil penalty of <br />310,200.00 by December 6, 1991. <br />e. By January 22, 1991, Douglas R. Kerrigan had not complied with the <br />Board order of October 16, 1491. <br />