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Minutes, August 23-24, 1989 PAGE 2 <br />3. EXECUTIVE SESSION <br />H N <br />Status report on Battle Mountain Lawsuit. <br />Staff Presentation by Daniel Hernandez: <br />4. EXECUTIVE SESSION <br />rospec ing. <br />FORMAL PUBLIC HEARING <br />OWENS BROTHERS CONCRETE COh1PAIJY File No. M-80-064 <br />5550 Sheridan Boulevard <br />Arvada, CO 80002 <br />All individuals wishing to give testimony were sworn. <br />Sec. 3, TBS, R66W, Douglas County, 68 acres. 112 sand and gravel. <br />Consideration of possible notice of violation, cease and desist order, <br />corrective actions and civil penalties for failure to reclaim land <br />affected by mining operation. <br />Staff presented information that the Division received a written <br />complaint on March 2, 1989, from a citizen in the area against the <br />Willow Creek Mine which is operated by Owens Brothers Concrete <br />Company. There were concerns raised, regarding operations that are not <br />incompliance. Slides of the area were shown, and Staff discussed <br />disturbances at the site. Staff further provided information that this <br />permit had been transferred from another operator to Owens Brothers <br />Concrete Company in September of 1984. Another operator has been <br />submitting annual fees for this site, but has not succeeded to the <br />permit. In Flay of 1988, the Division received a copy of a June 8, <br />1987, letter from the Douglas County Planning Commission stating that <br />the special use permit was denied to Mr. Owens. Therefore, he does not <br />have the right to mine on the property in question. <br />The site has not been mined, since 1984. Staff conducted an inspection <br />on t4arch 8, 1989, and notified the operator of potential problems for <br />failure to reclaim the site. A second inpection was held on August 1, <br />1989, and Staff found that reclamation had not started. A third <br />inspection on lAugist 22, 1989, revealed that some of the reclamation, <br />e.g., leveling of the stockpile and knocking down the highwall, had <br />been completed. Staff presented ATTACHMENT C - a Civil Penalties <br />Worksheet. <br />Staff recommendation: 1) to find th <br />to reclaim; 2) to not issue a Cease <br />may continue reclamation procedures. <br />e operator in violation for failure <br />and Desist Order, so the operator <br />Corrective action: 1) to reclaim and to reseed this fall. Civil <br />Penalties would be 5100 per day for 60 days of disturbance or 56,000. <br />