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JRN-29-' 93 18:01 ID: CO MINED LRND REC'L TEL N0:303-832-8106 n055 P04 ---- <br /> • • <br />Minutes, January 21-13, 1991 33 <br />Although this Item had been approved as a Withdrawal with the NP <br />package, Staff said the Division wanted to provide the Board with <br />background information. <br />Staff said the Division has been attempting to resolve the issue with <br />the operator since 1985. Staff presented EXHIBIT A, a chronology <br />regarding this matter and discussed its contents. Staff showed slides, <br />EXHIBIT B, of the Division's inspection of the site. <br />Mr. Kerrigan was noticed to appear before the Board in March of 1991 <br />for a possible violation for mining without a permit. During that <br />time, the operator requested that the matter be continued to the April <br />1991 Board Meeting. Mr. Kerrigan also requested that Mr. R. E. Monks <br />(Item 29) be noticed for that meeting, because he felt Mr. Monks Has <br />involved with the disturbance of the site. <br />' During the April 1991 Board Meeting, the Board found Mr. Kerrigan in <br />violation, ordered him to have the site permitted and bonded by the <br />October 1991 Meeting and remit a 52,000 civil penalty by May of 1991, <br />with a balance of E8,200 to be paid by October 16, 1991. The R. E. <br />Honks matter was continued to the October 1991 Board Meeting at that <br />time. <br />In September of 1991, Mr. Kerrigan requested another continuance to the <br />October 1991 Board Meeting. During that Meeting, the Board re-heard <br />~ the matter and re-ordered Mr. Kerrigan to obtain a permit by December <br />11, 1991 and to pay the full 510,200 civil penalty by December 6, <br />1991. Also, during that Meeting, the Board found R. E. Monks to <br />violation for mining without a permit and continued the matter <br />regarding corrective actions and civil penalties to today's Meeting. <br />On January 23, 1992 Mr. Kerrigan was noticed to appear at this month's <br />Meeting for failure to comply with the conditions of the October Board <br />Meeting's Order. Staff Bald that Mr. Kerrigan responded with a letter <br />indicating that he and Mr. Monks have entered into an arbitration and <br />that ha would not be paying the civil penalty, until the matter of <br />responsibility has been determined by the arbitrator. <br />29. FORMAL PUBLIC HEARING <br />R. E. MONKS CONSTRUCTION COMPANY F11e No. M-91-014 <br />P. 0. Box 25579 <br />Colorado Springs, Co 80936-5579 <br />A11 persons wishing to give testimony were sworn. <br />Sec. 14, T19S, R69W, Fremont County, 7 acres; unpermttted surface sand <br />and gravel mine. Consideration of corrective actions and civil <br />penalties for mining without a permit. <br />Staff presented EXHIBIT A, a presentation form, and stated that the <br />Board found the operator in violation for mining without a permit at <br />`,, its October 1991 Board Meeting. The matter of corrective actions and <br />civil penalties were continued to today's Meeting. <br />