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DRAFT
<br />Subject To Board Approl
<br />Minutes, March 21-22, 1990
<br />PAGE 3
<br />permits on file. After finding no record of a permit for the operator,
<br />Staff informed the back hoe operator that operations would need to be
<br />ceased (this was done). A Cessation Order was issued to the back hoe
<br />operator.
<br />The abatements for the Cessation Order called for the operator to 1)
<br />cease all surface coal mining operations by 3:00 p.m. on January 10,
<br />1990--this was accomplished and 2) reclaim the site in accordance with
<br />the appropriate State statutes and regulations; reclamation should
<br />include badcfilling, grading, topsoiling, re vegetation, etc., by
<br />February 28, 1990.
<br />On January 12, 1990, Staff spoke with the operator by telephone and was
<br />informed by him of a previous contact with the Division through which
<br />he felt he did not need a permit, because of the tonnage of material
<br />being removed, and the material would be sold at cost.
<br />On February 6, 1990, Division Staff attempted to contact the operator
<br />by telephone to inquire as to whether or not he wanted an informal
<br />on-site hearing, but was unable to reach the operator. On February 8,
<br />1990, at the advice of the Attorney General, the on-site formal hearing
<br />was waived, because of the 30-day deadline. On February 9, 1990, Staff
<br />spoke with the operator who had located a letter from the Division
<br />dated December 24, 1987 (EXHIBIT A), which the operator felt would
<br />allow him to mine without securing a permit from the Division. On
<br />February 13, 1990, Staff again spoke with the operator who stated that
<br />operations in the area had stopped and reclamation was being
<br />undertaken. On February 20, 1990, the Division received an Assessment
<br />Conference request from the operator, and on February 22, 1990, the
<br />Division received the request for an extension of abatement step number
<br />2. On rr-ebrvary 26, 1990, the abatement deadline was extended to April
<br />10, 1990. On March 1, 1990, Staff spoke with Uie operator regarding
<br />scheduling an assessment conference. The assessment conference was
<br />held in Walsenburg on March 13, 1990. The civil penalty was assessed
<br />at 52,500.
<br />Slides, EXHIBIT B, were presented and discussed.
<br />Staff presented the Board with EXHIBIT C - the Cessation Order and
<br />EXHIBIT D - the notice of propose amount of civil penalty. Staff
<br />answere questions from the Board,
<br />Mr. Gerald Sjaastad, an attorney representing the operator, addressed
<br />the Board and asked questions of the Staff. Mr. John Wiggins, the
<br />operator, presented testimony that he had been mining without a
<br />permit. He answered questions from the Board.
<br />It was MOVED that the Board assess a civil pen a7ty in the amount of
<br />52,500, wr the entire amount being suspended, if reclamation is
<br />completed by the end of June, 1990. SECONDED AND PASSED 5 for
<br />(Danielson, Donald, Jouflas, Entz and Cooley); 1 against (O'Connor).
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