ENFORCE28021

• Permit No: M1983033
• IBM Index Class Name: Enforcement
• Doc Name: AGENDA ITEM 6 FORMAL PUBLIC HEARING SHUMWAY
• Media Type: D
• Archive: No

~ III ~I ADO - o
999 ~~~ID

O
MINUTES, OCTOBER, 1984
AGENDA ITEM 6 - FORMAL PUBLIC HEARING, SHUMWAY, CONTINUED:
It was MOVED thaQ the staff recommendation be approved by
Findings of Fact and Conclusions of Law revised to include
indicating Board Order, reference ATTACHMENT Da. SECONDED
Vote of 4 for/1 abstention (Holder~-
PAGE 4
the Board with the
a Section III
and PASSED by a
AGENDA ITEM 7 - FORMAL PUBLIC HEARING, ARLIE CLARK, 77-205
All persons wishing to give testimony in this matter were sworn by the
Chairman.
Staff presentation was made by Minerals Supervisor, Ed Bischoff, recalling for
the Board that this is a small sand and gravel operation, 12.6 acres, located
about 1 mile east of Hotchkiss in Delta County. In July, 1984, the Board
found Mr. Clark in violation for mining outside the permitted boundary and set
the matter for civil penalty at this meeting and required Mr. Clark to submit
an amendment to be considered at this meeting also. That amendment was
submitted on September 19th. It was deemed complete on the 29th of
September. Staff has not completed the adequacy review and recommended that
the Board continue the formal public hearing to consider the civil penalty to
the December Board Meeting as well as consideration of that amendment.
(Presentation on Tape l @ 60.)
It was MOVED that the Formal Public Hearing regarding Mr. Arlie Clark be
continued to the December Board Meeting. SECONDED and PASSED UNANIMOUSLY.
AGENDA ITEM 8 - FORMAL PUBLIC HEARING, ALBERT FREI & SONS, INC., 83-33
All persons wishing to give testimony in this matter were sworn by the
Chairman.
Staff presentation was made by Reclamation Specialist, Jim McArdle, regarding
this 130 acre aggregate quarry located approximately 4.5 miles east of Idaho
Springs, Clear Creek County. The Board is to consider violation for mining
outside the permit boundary, consider a cease and desist order and schedule
the matter for formal public hearing for consideration of civil penalties. At
the September Board Meeting the Board found reason to believe that the
operator was disturbing lands outside the permit boundaries and set this
hearing. The Board was presented with ATTACHMENT E, Notice of Inspection and
Inspection Report dated September 11, 1984, Staff's Exhibit A. Staff also
referred to Exhibit 8, map from the permanent permit file, and Exhibit C, ten
slides that were shown which can also be found in the permit file. The staff
presented a Proposed Findings of Fact and Conclusions of Law, ATTACHMENT F,
Staff's Exhibit D. Staff recommended that the Board find Albert Frei & Sons
in violation, issue a cease and desist order and set the matter for formal
public hearing for consideration of civil penalties.
Mr. Frei was present as well as his consultant, Steve O'Brian, and both
responded to question from the Board and to the staff's presentation.
.SJ