ENFORCE37883

• Permit No: M1987103
• IBM Index Class Name: Enforcement
• Doc Date: 3/25/1992
• Doc Name: STAFF PRESENTATION BY WILLIAM C YORK FEIRN
• Media Type: D
• Archive: No

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Mi~ut2s, March c~ ?b, 1992 999 ..~,.~IT., Board ~F~,,,>ra~~
Staff Presentation by William C. York-Feirn:
3. =ORMAL PUBLIC HEARING
Id. SIMS GRAVEL COMPANY File No. M-87-103
?. 0. Box 51
Rangely, CO 81648
,all persons wishing to give testimony were sworn.
'iec. 35, T25, RIOIW, 6th P.M., Rio Blanco County, 7.4 acres; 110(2)
surface aggregate quarry. Consideration of civil penalties held in
abeyance for mining and stockpiling outside the permit boundary.
the Board considered this Item along with Sunshine Item No. 1 (below).
Staff presented EXHIBIT A, a package of information including the
following: 2 presentation forms, location maps, a synopsis of events,
citizen complaint phone logs and follow-up letters, and 3 letters
From the operator, Mrs. Sims.
Staff said that on February 26, 1992, the Board found the operator in
violation for mining and stockpiling outside the permit boundary and
issued a cease and desist order on the site. The cease and desist
order was to be lifted, if the operator obtained approval of an
,amendment to include the additional area of disturbance by the March
1992 Board Meeting. A civil penalty assessed at that time was held in
abeyance, in order to be considered at this Board Meeting.
Qn March 4, 1992 the Division received a call from a citizen in the
.area complaining that the operator had violated the cease and desist
order by shipping material from the East Douglas Pit on February 28 and
March 2, 1992. The Division received the citizen's letter of complaint
~~n March 11, 1992.
A second telephone call from a citizen complaining about material being
Hauled from the pit was received by the Division on March 12, 1992, and
It specified that a green dump truck with Utah license plates was
removing material. The complainant's follow-up letter, which was
received by the Division on March Z0, 1992, alleged that gravel was
Mauled from the pit during the weeks of March 8 and March 15, 1492.
Staff said Mr. Sims had clarified that the green dump truck belonged to
a company that worked for Conoco; the Sims' have worked with Conoco in
'the past.
t)n March 6, 1992 Ben Steele, with the Rio Blanco County Shop, said
their records indicated that the County hauled 12 loads of material
'rom the pit on February 28 and 16 loads on March 2, 1992. Staff said
Mr. Steele stated that the operator owed gravel to the County from a
purchase concluded about 2 years ago and that the County was not aware
~~f the cease and desist order at the time the material was removed.
Ilcwe~~er, the County stopped hauling material upon learning of the
existence of the Cease and desist order.