ENFORCE31850

• Permit No: M1987131
• IBM Index Class Name: Enforcement
• Doc Date: 5/21/1993
• Doc Name: MLRB PETITION TO VACATE CIVIL PENALTY
• From: SPARKS DIX ENOCH
• To: R E MONKS CONSTRUCTION CO
• Media Type: D
• Archive: No

IRN-29-' 93 18:00 iD:CO MINED LRND REC'L TEL N0:303-832-8106 kt055 P03
•
Minutes, January 22-23, 1992 32
Staff stated that the operator, today, submitted finai responses to the
adequacy revier letter. The Division is in the process of reviewing
that information.
Staff ciarlfled that today, the Board should consider whether the
operator is in violation for failure to meet the deadline extended
through a November 22, 1991 Board Order.
The Division recommended that the Board find the operator to violation
for failure to comply with the conditions of an extended Board Order,
require that a permit be obtained by February 14, 1992, assess the
outstanding suspended 52,500 civil penalty and require payment oP the
civil penalty within 30 days of this Meeting.
Mr. Robert Congdon, the operator, addressed the Board regarding
problems he experienced, In regard to Pltktn County, while attempting
to comply with the Board Order. Ne said his operating season runs from
May 1 through November 15. Mr. Congdon said that prior to initiating
activity at the site, he contacted the forest Service, but was not
informed of a need to apply or a permit through MLRD. He ansxered
questions from the Board.
Staff showed a slide of the disturbance. The Board was Informed that
the operator was unable to submit some of the information required by
the Division 1n a timely manner, due to Issues with the forest
~ Service. Staff said concerns and conditions of the Forest Service
would be made a condition of Division approval of the operator's permit
application.
In response to an inquiry from the Board, Staff said the Dl vision would
recommend approval of the operator's application. It was further
recommended that the unsuspended portion of the civil penalty be
assessed, because the operator exceeded the deadline set forth to the
Board Order.
It was MOVED that the Board accept the Staff recommendation that the
operator is in violation for failure to comply with the conditions of a
Board Order, assess a 52,500 civil penalty and suspend 52,000, if the
operator obtains a permit by February l4, 1992. SECONDED AND PASSED
6 for (Danielson, Kraeger-Rovey, Jouflas, Stewart, Danni and Cattany);
1 against (Cooley).
28. FORMAL PUBLIC HEARING
D. R. KERRIGAN F11e No. M-85-052
708 Yale Piace
Canon City, CO 81213
All persons wishing to give testimony were sxorn.
Set. 14, T19S, R69W, Fremont County 7 acres; unpermltted surface sand
and gravel mine. Consideration of possible notice of violation,
L, corrective actions and civil penalties for failure to comply with a
previously issued Board Order. Withdrawn--the Division wishes to turn
the matter over to State Collections.