ENFORCE22277

• Permit No: M1977210
• IBM Index Class Name: Enforcement
• Doc Date: 8/23/1989
• Doc Name: MLRB MINUTES
• Media Type: D
• Archive: No

Minutes, August 23-24, 1989
PAGE 16
It was MOVED that the Board issue a Notice of Violation and a Cease and
Desist Zfraer which prohibits High Country Trucking and Mr. Philip Clark
from conducting arty mining operations on the site, but that would
specifically allow reclamation operations to continue and to set this
matter for corrective action and Civil Penalties for the September
Board Meeting; also the Cease and Desist Order is effective immediately
and, in the event that the Division determines that High Country
Trucking and Mr. Clark are not incompliance with the Cease and Desist
Order, to direct the Attorney General's Office to seek a restraining
order, injunction or such other judicial action as is appropriate to
enforce this Order; direct the Division to work with High Country
Trucking and Mr. Clark and explain what reclamation means in terms of
this site; any thing beyond their interpretation of reclamation will be
considered in violation of the Board Order (this is to be made clear to
the operator at the earliest possible date). Further, the Board
clarified that the removal of material from the site would not be
considered reclamation by this Board. The Board stated that this issue
would be noticed for additional Civil Penalties, Corrective Action and
any other actions the Board deems appropriate at the September Board
Meeting. SECONDED AND PASSED UNANIMOUSLY (Danielson, O'Connor, Donald,
Kraeger-Rovey and Cooley).
21. CENTENNIAL MATERIALS COMPAIJY File No. M-89-062
1101 Topeka Way
Castle Rock, CO 80104
Sec. 17, T8S, R68W, Douglas County, 32 acres. Consideration of 112
aggregate permit approval and request for formal public hearing.
Mr. Phil Silberstein, representing Colorado Open Lands, withdrew a
request fora Formal Public Hearing and said he would be in agreement
to holding an Informal Public Hearing at this time, if allowed to
retain party status in event of appeal and if the Board, at the end of
testimony, could consider whether or nor it desired a Formal Public
Hearing, regarding this application.
It was MOVED that the Board grant party status to Mr. Silberstein on
behalf o olorado Open Lands. SECONDED AND PASSED UNANIMOUSLY
(Danielson, O'Connor, Donald, Kraeger-Rovey and Cooley).
Staff presented ATTACHMENT U - a copy of the map from the permit
application, and rie y iscussed this issue. Staff related that this
operation would be conducted in five phases, utilizing four acres per
phase, with reclamation and bond readjustment occurring after each
phase. Final land use is wildlife habitat. The Division has approved
using fines as an amendment to the application to provide 12 to 14
inches of topsoil for reclamation, because the present topsoil is very
granular and of poor quality for reclaiming the site. Staff related
that there are concerns, regarding road access from the property.
Staff related the company had provided responses to adequacy questions
involving the sediment pond designs and hydrology. Therefore, Staff
recommended approval of this application.