ENFORCE32504

• Permit No: M1983089
• IBM Index Class Name: Enforcement
• Doc Date: 6/19/1985
• Doc Name: RECONSIDERATION REQUEST
• From: MLRD
• To: MLRB
• Media Type: D
• Archive: No

P3 -~9
• ~ ~~~
III IIIIIIIIIIIII III
Richard D. Lamm
Governor
T0:
FROM:
RE:
DATE:
DEPARTMENT OF NATURALRESOURCES
David H. Getches. Executive Director
MINED LAND RECLAMATION DIVISION
DAVID C. SHELTO N, Director
Mined Land eclamation Board
Ed Bischoff
Reconsiders ion Request
June 19, 1985
I have attached two requests for reconsideration of Board action:
I have talked with Bob Hykan and he suggests we use the following procedure
for such requests. ~•
Staff forwards request to Board with recommendation.
2. Board considers request at next regular Board meeting. Options are to
reconsider, deny request, or take no action.
3. If reconsideration is granted, then the matter will be scheduled at next
Board meeting. If request is denied or no action taken, then operator will be
notified.
For the atiached requests our recommendations are as follows:
Colorado Marketing Associates
May~the..Board found viol~for operating outside the boundaries of the
110 ts`~slie3 a C & D, and assessed a $12,800.00 civil penalty.
Colorado Marketing was not present at the hearing despite repeated attempts by
the staff to contact them for a site visit and proper APA notice for the
hearing. Additionally, Mr. Smythe was present at the "reason to believe"
determination in April and advised to attend the May hearing to present his
case. Our recommendation is that the Board not grant this request Since
Colorado Marketing failed to appear in May despite proper notice and has not
presented any legal or factual basis for reconsideration.
Varra Companies, Inc.
In May the board found Varra to be in violation of Permit 81-77 for failure to
reclaim, issued a C & D, and assessed a $64,800.00 civil penalty with
$40,000.00 suspended if a reclamation plan is submitted in 60 days. Varra was
represented by Mr. Rindahl at the May meeting. Our recommendation is that the
Board not grant this request because it is a reiteration of what was discussed
by the Board in May. fJo new evidence has been presented to indicate that the
violation did not occur or that the C & D and corrective action are not
warranted. The only new material presented concerns the geotechnical
stability of the site and we feel that this was only a minor point and does
not warrant reconsideration of the Board's May decision.
/yt Doc. No. 1406
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]