ENFORCE22277 - Laserfiche WebLink

Home Browse Search

Minutes, August 23-24, 1989 PAGE 9 14. FORMAL PUBLIC HEARING ERSHIP File No. M-79-073 P. 0. Box 280728 Lakewood, CO 80228-0728 All individuals wishing to give testimony were sworn. Sec. 22, T6S, R67W, 6th P.M., Douglas County, 4 acres. Consideration of possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to comply with the reclamation plan. A brief background history of the operator presented. The original operator, Mr. John Lewis, was brought before the Board on March 28, 1979, for mining without a permit. At that time, the landowner was cited and found in violation; one of the corrective actions was to submit an application by April 25, 1979, and that application was submitted. Staff presented ATTACHMENT M - a drawing identifying the site and surrounding adjacen an owners, a June 15, 1988, letter from the operator's consultant to the Division and an August 15, 1989, letter from Ms. Joan Kitchens informing the Division that Mr. Robert C. Dolby did not receive correspondence intended for him and further stating that Mr. Dolby was not a partner in the Douglas Station Partnership. Staff noted that the SCS had prepared the reclamation plan which required the placement of topsoil and identified a grass-seed mixture. The permit was approved on July 9, 1979. In 1987 the permit was transferred to Douglas Station Partnership, who posted a E1 ,000 bond; Robert C. Dolby, as Manager of Douglas Station Partnership--c/o Western Capitol Development Corporation, signed the performance warranty and the permit. The site was inspected on September 18, 1987, by Division Staff, and this led to the previous Notice of Violation being issued. At that time, severe erosion gullies were noted, and a 10-foot highwall had been left unreclaimed. Also, at that time, another Succession of Operator (from Douglas Station to Castle Rock Partnership #26) was initiated; this did not occur, because the subsequent permittee never provided a bond, so Douglas Station retained the permit. Slides of the site were shown. The slides showed the considition of the site over time. A violation for failure to comply with the mining permit and for failure to stabilize the site was found on January 21, 1988. That violation required corrective actions that the operator place fill-dirt at the site and slope the west bank area at a 3:1 slope; it also required that the bond be raised from 51,000 to b5 ,000 and submission of a schedule for final reclamation of the site. A 512,400 Civil Penalty was levied at that time, and all but E1 ,000 was suspended. the Board did not specifically act on the requirement to rais the bond amount in the Motion passed, so it has remained at b1 ,000.