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~. <br />MINUTES, NOVEMBER, 1985 <br />Staff Presentation by Camille Farrell: <br />PAGE 2 <br />5. NERCO MINERALS COMPANY File No. M-81-134 <br />P. 0. Box 489 <br />Cripple Creek, Co. 80813 <br />Secs. 17, 18, and 19, T15S, R69W, TeiTer County, 128.6 acres. 112 <br />gold-cyanide operation approximately 1.5 miles east of Cripple Creek. <br />Board to consider reason to believe a violation exists. On November 6 <br />the tailings pile at the Nerco Mine failed, slides were shown from site <br />inspection. Staff recommended that the Board find reason to believe a <br />violation has occurred to 34-32-116 (1)(h) disturbance to hydrologic <br />balance and 34-32-116 (1)(i) off-site disturbance. <br />Mr. Tom Schamberger, Engineering Superintendent for Nerco Minerals was <br />present and addressed the Board indicating that there was a tailings <br />slump and that the overflow from the pond did go outside the permit <br />boundary. He indicated, however, that the impact of the hydrologic <br />effect was minimized and that the danger to adjacent lands from the <br />slump of the pile was not a significant factor. <br />It was MOVED that the Board find reason to believe that a violation has <br />occurred and that the matter be set for formal public hearing at the <br />December Board Meeting for consideration of violation; possible cease <br />and desist and po<_;sible civil penalties. SECONDED and PASSED by a Vote <br />of 5 for (O'Connor, Holder, Blach, Winter and Campbell)/1 abstention <br />(Hullinghorst). <br />6. FORMAL PUBLIC HEAF;ING <br />PETER KIEWITT SON'S COMPANY File No. M-80-023 <br />P.O. Box 521 <br />Littleton, Colorado 80160 <br />All persons wishing to present testimony were sworn. <br />Sec. 23, T6S, R69W, Jefferson County, 105 acres. 112 sand and gravel. <br />Board to consider possible Notice of Violation and Cease and Desist for <br />failure to pay annual fees from 1981 to 1985. After some <br />miscommunication with the operator the staff requested that this item <br />be withdrawn from the agenda to allow a site inspection before any <br />further action is sought. <br />It was MOVED that the Board approve withdrawal. SECONDED and PASSED <br />UNANIMOUSLY (O'Connor, Holder, Winter, Blach, Campbell and <br />Hullinghorst). <br />