Laserfiche WebLink
-~* <br />MINUTES, JULY, 1985 PAGE 15 <br />38. TRINIDAD BASIN MINING (Continued): <br />Staff recommended that the Board not grant either request since Trinidad <br />Basin Mining still owes the State of Colorado $20,560 in unpaid civil <br />penalties accrued from violation and cessation orders which a]] occurred <br />prior to the show cause hearing in November, 1984. <br />Gregg Lewicki, representing Trinidad Basin Mining, Engineer in charge of <br />reclamation at the mine site, addressed the Board relative to the <br />violations prior to the show cause order. <br />It was MOVED that the Board deny the request for reinstatement and <br />modification of the Board Order with the indication to the operator that <br />the Board would be amenable to changes when the civil penalties have <br />been paid. SECONDED and MOTION FAILED with a Vote of 2 for (Holder and <br />Hullinghorst)/2 opposed (Winter and Campbell). <br />After additional discussion regarding environme '.ul damage if the <br />loadouts are maintained, operator's compliance with the law, and the <br />unpaid civil penalties, the MOTION was restated, that the Board deny for <br />the time being, the request o~ r reinstatement of the permit and deny <br />modification of the Board Order until such time as the civil penalties <br />are paid and the operator is in compliance with the law. SECONDED and <br />PASSED by a Vote of 3 for (Holder, Hullinghorst and Campbell)/1 opposed <br />(Winter). <br />Staff Presentation by Susan Mowry: <br />39. FORMAL PUBLIC HEARING <br />AMERICAN FUELS, INC. <br />P.O. Box 511 <br />Aguilar, Colorado 81020 <br />File No. C-031-81 <br />All persons wishing to present testimony were sworn. <br />Sec. 19, T29S, R65W, Huerfano County. Show Cause Order why permit <br />should not be revoked, and bond forfeited at the New Pryor Strip Mine. <br />Bob Hykan, Assistant Attorney General, addressed the Board regarding the <br />show cause order issued by the Division to American Fuels, Inc. <br />Staff presentation was made by Reclamation Specialist, Susan Mowry, <br />outlining the history of the permit as well as the enforcement history <br />and determination of patterns of violation, referencing staff's exhibits <br />as listed in ATTACHMENT P. Slides and maps were also used during <br />staff's presentation. Staff recommended that the permit be revoked and <br />that American Fuels be given a compliance schedule to conduct the <br />necessary reclamation of the site or initiate proceedings for forfeiture <br />of bond. Staff further recommended that the Board authorize the <br />Division to file a lawsuit against American Fuels to collect bond that <br />has not been provided and collect the civil penalties that have not been <br />paid. <br />