1992-06-24_REVISION - M1988112 (2)

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• Minutes, June 24-25, 1992 4. FORMAL PUBLIC HEARING JOE D. AND MONICA MARTINEZ MARTINEZ ENTERPRISES P. 0. Box 72 Ignacio, CO 81137 :~ .~ D RAT Subject To Board Approval ~ file No. M-02-055 All persons wishing to give testimony were sworn. Sec. 19, T32N, RSW, 10th P.M., Archuleta County, 1 acre; open pit sand and gravel operation. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for mining without a permit (continued from the May 1992 Board Meeting). Staff presented EXHIBIT A, z~ presentation form, and stated that prior to the May 1992 Board Meeting Mr. Martinez contacted the Division and said that he would not be able to attend that Meeting. Therefore, the Division continued the hearir~g to the June 1992 Board Meeting. Staff said the Division has received evidence that Mrs. Martinez received certified mailings from the Division, in reference to notice of the May Board Meeting and the continuance. On April 30, 1992 Staff noted that a dump truck drove to what appeared to be a gravel pit operation. Staff checked the County Permit Location Map and found that there was no indication of a permitted operation at the site. Staff said Mr. Martinez, who was the driver of the truck, stated that the County Planing Director had informed him that no permit was needed for the operation, since the material was used by the operator. Staff said Mr. Martinez stated that the County Planning Director had stated that a permit would only be needed, if another operator was allowed to extract material from the pit. Staff said Mr. Martinez said the gravel was used in his business operation, Martinez Enterprises, for graveling streets, driveways, etc. Staff showed slides, EXHIBIT B, taken at the site and discussed the disturbances and equipment:, including a dump truck, a pick up truck and a frontend loader. Staff said there did not appear to be any human or environmental hazards at the site caused by the operation, except for the immediate disturbance. Staff said it appeared that excavations have taken place at the site as recently as the date of the Division's inspection. Staff said Mr. Eberling, who has since resigned from the position as County Planning Director, was: contacted by the Division. Staff said Mr. Eberling stated that he was familiar with the Division's regulations and that he would have told the operator that a permit would not have been needed as long as the material was used on the operator's property. Staff said that this morning, the Division received a phone call from a representative of the County Road and Bridge Department, after discovering that the Board would consider the matter during this Board Meeting. Staff said the representative said he had been attempting to contact Mr. Martinez, in order to discuss crushing gravel for the