|
Miru~lrs //~rag.tcripl - Ju~?R 1999 • Paec 6R
<br />MR. PAULIN: It's been moved and seconded to follow the staff recommen ton, which means find a
<br />violation of C.R.S. 34-32.5-109(1). There is a cease and desist that we will conficease and desist
<br />order. Minimum civil penalty of $568.95 for stafftime and violation o(one day for $1,000 for a total of
<br />$ IJ568.95. Any further discussion? I guess I didn't word it right.
<br />MS. KRAEGER-ROVEY: IF the corrective actions are completed, da, da, da.
<br />MR. PAULIN: Yeah, if the corrective action is completed, and post an interim bond of $5,000. No
<br />further discussion'? All in favor say aye.
<br />THE BOARD: Aye.
<br />MR. PAULIN: Opposed, same sign. Unanimous.
<br />MR. DILLIE: Thank you.
<br />MR. PAULIN: Thank you.
<br />MR. MELBY: Thank you.
<br />(Discussion off the record.)
<br />MR. PAULIN: Are we waiting For Mr. Mount?
<br />MR. LONG: Yes, we are. And the Board secretary did inform me that if you are hungry, lunches are
<br />here, or wait, whatever your pleasure would be.
<br />MR. PAULIN: Let's wait.
<br />MR. JANOSEC: I'd prefer to wait.
<br />MR. PAULIN: Why don't we -- do we think Item 20 will take an hour?
<br />MR. LONG: Mr. Loesby?
<br />MR. LOESBY: [ have a short version. Depending on what happens, the short version is about 10 or IS
<br />minutes, and [hen if you wanted to break for lunch then, that's fine, and if -- 1 guess if you think I'm in the right,
<br />then it's over after IS minutes. If not, then after lunch. I kind of made it so I can give you IS minutes' worth
<br />and you can say you either think it's a good idea or it's not, and if you don't, then I'd like to continue after lunch
<br />if you all want to eat, if you're getting hungry.
<br />MR. ]ANOSEC: Let's take a chance that it will be over, so a little pressure's on you.
<br />MR. LOESBY: Yeah, I think so.
<br />MR. PAULIN: We've been waiting for you, Mr. Mount.
<br />MR. MOUNT: Sorry, but ['m ready now.
<br />MR. ABBOTT: I know how we could have gotten him here quicker.
<br />MR. PAULIN: How's that?
<br />MR. ABBOTT: All we had to do was tell you lunch was here.
<br />MR. PAULJN: I heard doors slatrtming down there.
<br />MR. MOUNT: Okay. Are we ready?
<br />MR. PAULIN: Item Number 20, Northwest Industrial Subdivision, Inc., File M-84-047. All those
<br />wishing [o testify, please stand and raise your right hand.
<br />(Witnesses sworn.)
<br />MR. PAULIN: Loesby raised his left hand.
<br />MR. LOESBY: I'm left handed. I can't help it.
<br />MR. MOUNT: All right. This is Item Number 20, Northwest Industrial Subdivision, Incorporated, File
<br />M-84-047. I'm Carl Mount with the Division of Minerals & Geology, and this is a hearing that was requested
<br />by Mr. Loesby. It was a continuation of a hearing that was held in, I believe, April.
<br />At the April hearing, the Board issued a declaratory order, which you've got a copy oF. That declaratory
<br />order said that Mr. Loesby could be exempt from the Colorado requirements and could be released so long as
<br />the following three conditions were met, and the following conditions were: One, that no mining occur on the
<br />site; that the Division and the Board got proof that Jefferson Courtly had issued the necessary permits; and that
<br />there was a performance bond that Jefferson County was holding that would be sufficient to fulfill the
<br />requirements of the mined land reclamation permit, the reclamation plan.
<br />Since that date -- that was issued on
<br />April 28th by the Board. Since that date, if you'd turn to the second page of my handout, Mr. Loesby wrote a
<br />letter to Mr. Long at the Division o(Minerals & Geology that did declare that [here was no mining From 1991
<br />to 1999 on the property and there would be no further mining.
<br />He also wrote a -- gave us a copy of [he letter. That the third page in your handout is a letter from
<br />Jefferson County to Mr. Loesby from Mary Bunn, zoning administrator with Jefferson County, that pretty
<br />much says that they've got the property zoned [-2 or Industrial 2; they will Fulfill the end land use contemplated
<br />under our permit also; and that that plan has been approved, and essentially that zoning is on record at
<br />Jefferson County.
<br />The reason 1 brought up these two is because Items Number I and 2 in the Board's declaratory order
<br />are, we believe from the Division, are covered by these two letters now.
<br />
|