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• <br />Minutes, April 2Z-23, 1992 <br />'v~:. <br />~ Di~AFT - <br />Subject To Board Approval 9 ., <br />It was MOVED that the Board find the operator in violation for f 'ilure <br />to follow the reclamation pl~rn, affirm that the cease and desis order <br />issued by the Division will remain in place until the Co my or <br />operator notifies the Division that the County has appr ved the <br />activity and assess a civil penalty in the amount of $150 f 1 day of <br />violation. SECONDED AND PAS`.~ED 6 for (Kraeger-Rovey, Cool Jouflas, <br />Stewart, Danni and Cattany); 1 abstention (Danielson). <br />Staff Presentation by Kent Gorham: <br />7. DISCUSSION ITEM <br />ROCKCASTLE COAL COMPANY File No. C-81-039 <br />c/o Mr. Dean Massey <br />Parcel, Mauro, Hultin & Spaanstra <br />1801 California Street, Suite 3600 <br />Denver, CO 80202 <br />Secs. 20, 21, 28, 29, 31 anti 32, TSN, 8W, Routt County, Grassy Gap <br />Mine; surface coal mine. Consider Staff recommendation on bond <br />forfeiture. Monthly status update (co tinned from the March 1992 Board <br />Meeting). <br />Staff informed the Board that th a had been no changes since the March <br />Board Meeting, regarding this atter. Staff said the Division will <br />conduct an inspection of the sy a on April 28, 1992. <br />Staff said the Division spoke with the operator's consultant on April <br />21, 1992 and was assured~i:hat responses to the Division's adequacy <br />concerns would be forwa ded to the Division by mid-April. Staff said <br />the operator was remi ded of the Division's desire to resolve the <br />remaining issues pri to the initiation of the field season. Staff <br />said the operator i dicated that conditions resulting from the winter <br />weather would prev nt the initiation of any work at the site until mid- <br />May. Staff said eclamation work at the site would be photo-documented <br />over the field eason. <br />Presentation b'v Larrv Oehler: <br />8. FORMAL PUBLIC HEARING <br />JAY DAVI,E3 BACKHOE AND HAULING SERVICE File No. M-91-117 <br />Genera Delivery Unpermitted <br />Pitki CO 81241 <br />All persons wishing to give testimony were sworn. <br />S'W 1/4 SW 1/4 Sec. 14, T1W, R49N, N.M.P.M., Gunnison County, less than <br />1 acre; surface topsoil and borrow operation. Consideration of a <br />possible notice of violation, cease and desist order, corrective <br />actions and civil penalties for mining without a permit (continued from <br />the December 1991 Board Meeting). <br />Staff said this matter involves an excavation consisting of an <br />estimated 1/4 acres on a ranch near Gunnison. During the December 1991 <br />