ENFORCE31850 - Laserfiche WebLink

Home Browse Search

Minutes, April 24 - 25, 1991 • „ 15 the County far a mining permit; April 1984-Mr. Kerrigan received the County permit, with a condition that a valid MLRD permit be obtained; June 1984-Monks signed a mining sublease with Kerrigan; June 1984-Monks began mining the property; July 1984-Mr. Kerrigan signed an original lease with McGuire; September 1984-McGuire verbally ordered Monks to cease operations; November 1984-McGuire terminated the lease with Kerrigan; November 1984-Monks received written notice from McGuire to cease operations; March 1985-Kerrigan applied for 110 permit with MLRD, and it was rejected because of high amount of acreage involved; tdarch 1985-McGuire's lawsuit against Kerrigan was filed; June 1985-~Cerrigan submitted 112 application to MLRD, and it was deemed incanplete; September 1985-Monks received letter from his attorney stating that there were no permits for the site; August 1987-Tuttle, for Monks, applied for permit for the McGuire Pit 3; October 1987-MLRD approved Monks' application; November 1987-Monks acquired the property. Mr. Tuttle said that R.E. Monks Construction had not been on the property since September of 1984 and, at .this time, is ready to submit an amendment for Pit 3 to include the disturbed acreage and increase the bond to cover the disturbance at the site. He answered questions from the Board. Staff recommended that the Board find Mr. Kerrigan in violation for mining without a permit, issue a cease and desist order and order Mr. Kerrigan to permit and bond the site by October 31, 1991. It was also recommended that the Board continue the Formal Public Hearing for R. E. Monks Construction to the October 1991 Board Meeting. It was MOVED that the Board continue consideration of the R. E. Monks Constrv~on issue to the October 1991 Board Meeting. SECONDED AND PASSED UNANIMOUSLY (Jouflas, Cooley, Danielson, Kraeger-Rovey and Entz). The Division recommended that Item 17, regarding Julia McGuire be withdrawn from consideration by the Board. After investigation, the Division determined that the McGuires had no fault in the "mining without a permit" issue. It was MOVED that the Board withdraw Item 17, Julia McGuire, from considera ion. SECONDED AND PASSED UNANIMOUSLY (Joufl as, Cooley, Danielson, Kraeger-Rovey and Entz). Staff distributed EXHIBIT B - a civil penalty worksheet and recommended that the Board fin~fFie operator in violation for willfully mining without a permit, issue a cease and desist order, order the operator to permit and bond the site by the October 1991 Board Meeting and assess civil penalties at the rate of E170 per day for 60 days or E10,200. It was also recommended that a substantial portion of the civil penalty be suspended and re-imposed if the corrective actions are not met by the October 1991 Board Meeting. It was MOVED that the Board approve Staff's recommendations. SECONDED AND PAS~E64NANIMOUSLY (Jouflas, Cooley, Danielson, Kraeger-Rovey and Entz).