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;~~~ ~ ~ ' Minutes, April 24 - 25, 1991 15. FORMAL PUBLIC HEARING 225 East Main Street Florence, CO 81226 All persons wishing to give testimony were sworn. 14 F11e No. M-85-052 Sec. 14, T19S, R69W, 6th P.M., Fremont County, 9 acres; unpermitted sand and gravel surface pit. Consideration of possible notice of violation, cease and desist order, corrective actions and civil penalties for mining without a permit (continued from the March 1991 Board Meeting). This Item was heard along with Items 16 and 17. Mr. Kerrigan was not initially present, but provided testimony later in the day. >~ -._ Staff explained that this site was originally operated by Mr. 0. R. Kerrigan; at that time the landowner was Ms. Julia McGuire. The pit was operated by Mr. Kerrigan in 1982 and 1983. Mr. Kerrigan applied fora local special use permit in April of 1984, and it was approved with the condition that a lease agreement be obtained with the landowner by June 22, 1984. Mr. Kerrigan obtained a subcontractual agreement with R. E. Monks Construction (June 10, 1984) to operate in the pit and obtained a lease agreement with Ms. McGuire on July 28, 1984. Mr. Kerrigan did not meet the County's deadline for obtaining the lease agreement, therefore, the special use permit was not approved. Ms. McGuire asked R. E. Monks Construction to cease operations in the pit, because a suit was brought against Mr. Kerrigan by Ms. McGuire for not complying with his (ease agreement. The pit has been inactive since the mid-1980s. The Division has inspected the pit twice, and determined a reclamation concern. Staff showed slides, EHHIBIT A - of the pit and discussed the approximately acres of distur anc~"e; including the pit floor and highwalls, and stockpiled materials. Staff noted that Mr. Kerrigan had planned to attend this meeting. Staff distributed EXHIBIT B - a presentation/civil penalty worksheet. R. E, Monks Construc ion now owns the property upon whidr this operation was located and has a gravel permit far an operation that surrounds this site. Staff said the Division would like for the site to be permitted, and Monks is willing to amend an existing gravel pit permit to include this area and increase their bond. The Division has established corrective actions that would resolve the mitigation of the reclamation. At this time, Mr. Gary Tuttle, a consultant representing R. E. Monks Construction, addressed the Board. He provided the following chronology (starting in mid-1982} of R. E. Monks Construction's involvement with this operation: 1982-McGuire and Mr. Kerrigan signed a letter of intent to lease; February 1984-Mr. Kerrigan applied with