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
10. FORMAL PUBLIC HEARING
PAGE 6
CASTLE CONCRETE COMPANY File No. M-77-210
P. 0. Box 2379
Colorado Springs, CO 80901
Sec. 32, T13S, R67W, E1 Paso County, 112 acres. 112 limestone quarry.
Consideration of possible notice of violation, cease and desist order,
corrective actions and civil penalties for failure to minimize off-site
impacts during mining operations.
The Board discussed two motions contained in the pre-hearing order from
Castle Concrete Company: 1) to hold separate hearings--one regarding
their request for an amendment and one for the Notice of Violation and
2) a motion for dismissal of the Notice of Violation or if found in
violation, that a continuance be granted.
It was MOVED that the Board adopt the pre-hearing order which included
provisions~or recognition for party status, listing of witnesses and
exhibits and the order of procedure. SECONDED AND PASSED 4 for
(Danielson, O'Connor, Entz and Kraeger-Rovey); 1 against (Cooley).
All individuals wishing to give testimony were sworn.
Staff, representatives from the company and objectors presented
testimony and exhibits, including slides, according to the pre-hearing
order, and these were entered into the record.
Staff related that an inspection of the site had been conducted on July
26, 1989; slides from that inspection were shown. Staff referenced a
map of the site and discussed the haul road. Staff noted that the
operator was responsible for disturbances (rocks) in drainages;
affecting areas outside the permit boundary and not stabilizing and
protecting the hydrologic balance.
Corrective actions:
1. leave rocks in the west drainage intact;
2. regrade both sites;
3. revegetate the sites to minimize soil erosion.
Staff Recommendation:
1. find the operator in violation of Section 34--32-116(7)(g)(h)(i),
i.e., failure to minimize disturbances to the prevailing hydrologic
balance of the affected land and of the surrounding area and to the
quality of water in surface and ground water systems both during
and after the mining operation and during reclamation; failure to
protect areas outside of the affected land from slides or damage
occurring during the mining operation and reclamation; and failure
to stabilize and protect all surface areas of the affected land,
including spoil piles so as to effectively control erosion and
attendant air and water pollution;
2. not issue a Cease and Desist Order;
3. issue two notices of violation for two affected area.