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 5
Slides, indicating disturbances, were shown. Staff calculated about 3
acres of disturbance in a stream near the site and about 2 acres on the
bank near the processing facility. A Cease and Desist Order was issued
in the field on the day of the inspection. Staff presented ATTACHMENT
R - a Civil Penalty Worksheet.
Staff Recommendation:
1. to find the operator in violation of 34.42.110 of the Act, i.e.,
mining without a permit;
2. the Cease and Desist Order remain in effect, until the permit is
issued by the Division;
3. Civil Penalties be assessed at E200 per day for 6 days or E1 ,200.
Corrective Action:
the operator submit either a limited-impact operation application
or a special operations application;
2, either the 110 application be accompanied by a E5 ,000 warranty or
the special operations application be accompanied by a 525,000
wa rranty.
At the Board's request, the operator discussed this situation and
answered questions from the Board.
It was MOVED that the Board find the operator in violation for mining
without a permit, issue a Cease and Desist Order and require the
submittal of an application and warranty as reccommended by Staff,
i.e., a 110 application and 55,000 warranty or a limited-impact
application and a E25,000 warranty, by September 15, 1989. SECONDED
AND PASSED UNANIMOUSLY (Danielson, O'Connor, Donald, Kraeger-Rovey and
Cooley).
It was MOVED that the Board find a Civil Penalty for 8 days of
disturbance at $200 per day fora total of E1 ,600. SECONDED AND PASSED
3 for (Danielson, O'Connor and Cooley); 2 against (Donald and
Kraeger-Rovey).
9. DONALD L. CHENEY File No. M-85-166
3809 Frank Road
Loveland, CO 80537
Sec. 2, TSN, R68W, La rimer County, Kness Pit. Consideration of request
for reconsideration of previous Board decision. Withdrawn, per
operator's request to be heard at the September Board Meeting.