ENFORCE36091

• Permit No: M1982129
• IBM Index Class Name: Enforcement
• Doc Date: 4/27/1984
• Doc Name: MINUTES
• Media Type: D
• Archive: No

Minutes, April 27-28, .1994
~~
19
The permitted area is 7.5 acres; approximately 10 acres have
been disturbed. This acreage includes stockpiles and a
possible rock crushing site. Staff recommended that the board
find violation for damaging areas outside of the permit area
or mining without a permit; that the board order mining
activities cease excluding those required for removal of
stockpiles and any required reclamation activities for the
disturbed area outside of the permitted area; that a survey be
conducted on the permitted and unpermitted disturbed area;
that dependent on the outcome of the survey either an
amendment or conversion application be submitted by May 25,
1994 by the operator to include the affected areas. Civil
penalties would be dependent of the board's finding.
Mr. John C. Stroh II testified on behalf of the Goemmers. Mr.
Stroh believes that a substantial portion of the disturbed
area existed prior to the Goemmer's purchase of the property.
Mr. Stroh also indicated that markers have been put in place
since the site inspection by the Division. The Goemmer's are
willing to relocate the stockpiles should the survey reveal
that they are indeed out of the permit boundaries. Mrs.
Goemmer stated that when asphalt was mixed years ago, it was
mixed right on the ground. The asphalt that remained in the
ground has created quite a problem. The decision to place the
stockpiles over this area was made due to the problem with the
asphalt.
The Board reiterated the definition of mining, which includes
stockpiling and access roads.
IT WAS MOVED ghat the board find violation for mining or
damaging area outside of the permit boundary, that a cease and
desist order from mining activities be issued (except for
removal of existing stockpiles and necessary reclamation
activities); tYiat a survey be conducted and included in the
~0 ~ application; a.nd that an application for amendment be
submitted to the Division by May 25, 1994. SECONDED AND
Q'~C ~ PASSED UNANIMOUSLY (McCannon, Stewart, Jouflas, Danni)
7~''.~r~ , Kraeger-ROVey a.nd Danielson not present for the vote.
- y~ ~~~, IT WAS FURTHER MOVED that the operator be allowed the choice
p,~` of expanding or converting the permit, or, amending the
permit, and comipleting reclamation of disturbed areas out of
0~~,~ the permit boundaries. SECONDED AND PASSED UNANIMOUSLY
(McCannon, Stewart, Jouflas, Danni). Kraeger-Rovey and
anielson not present for the vote.
/ Staff revi~ ed the civil penalty guidelines.
by ~J~kfJ~I"+-)
i(~j~~r..tsd D mite ~.~ rec~ ~C+~- ~ ~ ~ •-~~
~U. i-/~