ENFORCE34696

• Permit No: M1976038
• IBM Index Class Name: Enforcement
• Doc Date: 4/23/1992
• Doc Name: FORMAL PUBLIC HEARING
• Violation No.: MV1992027
• Media Type: D
• Archive: No

• III IIIIIIIIIIIII III) RAT
Minutes, Rpril 22-23, 1992
Subject To Board Approval 42
Staff Presentation by William C. York-Feirn:
i 14. FORMAL PUBLIC HEARING
~• FRONTIER MATERIALS, INCORPORATED File No. M-76-38
3600 Highway 52
Erie, CO 80516
1
`y~~ All persons wishing to give testimony were sworn.
Q1'~~` SW 1/4 Sec. 36, T1N, R94W, 6th P.M., Rio Blanco County, 65.0 acres; 112
` surface operation. Consideration of a possible notice of violation,
cease and desist order, corrective actions and civil penalties for
mining and stockpiling outside of permit boundaries.
Staff presented EXHIBIT A, a presentation form, and said that the
permit and bond are in the name of Frontier Materials. However, Staff
said Meeker Sand and Gravel has been operating the pit for almost 6
years.
On April 9, 1992 the Division inspected the site, accompanied by Joe
Conrado, with Meeker Sand and Gravel. Staff referenced a location map,
included with Exhibit A, and said that during the inspection, it
appeared that the mining operation had exceeded its northern boundary.
Staff said this represents about 2 1/2 acres. Staff said that Mr.
Conrado was very cooperative and helpful during the inspection and was
concerned that the site be brought into compliance as soon as
possible. Staff said Mr. Conrado conducted a survey of the site and
permit boundaries and submitted the map to the Division. Staff said
Mr. Conrado is in the process of filing an amendment, in order to
include the areas of disturbance. Staff also noted that Frontier
Materials and Meeker Sand and Gravel were both in the process of filing
succession of operators from Frontier Materials to Meeker Sand and
Gravel. Staff said the companies are doing a good job in their
attempts to bring the operation into compliance.
Staff recommended that the Board find the operation in violation for
failure to disturb ground within the permit boundary only. Staff did
not recommend issuance of a cease and desist order, because the
operator's are working diligently to bring the operation into
compliance. As a corrective action, Staff recommended that the
operator be required to submit a complete amendment application to the
Division, including the area of disturbance outside the permit
boundary, by May 26, 1992.
Staff recommended a civil penalty be assessed at a rate of $200 per day
for 14 days or $2,800, with a recommendation that a substantial portion
of the penalty be suspended upon completion of corrective actions.
Staff answered questions from the Board.
Mr. Joe Conrado, president of Meeker Sand and Gravel, said that he had
no problems with the Division's recommendations. He asked the Board to
consider allowing the transfer of the operatorship from Frontier
Materials to Meeker Sand and Gravel during the amendment period. Mr.
Conrado said Frontier Materials has been sold and is in the process of