1999-09-15_GENERAL DOCUMENTS - M1997092

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Minutes/1'ranscript AnQnst 25 /999 Pn¢e 5 reclaiming where [he stockpile area is. It's just that [hey -- at the time of the development of the roads they just • - didn't need this material. So [hey crushed a bunch and [his was left over is what happened. PAULIN: But are the -- Tony, are you and Bruce saying we could authorize i[? It would be in conjunction ~' -- or following the Ihou~hts that we had when we did the Red Creek Ranch -- I mean, that's how we're going to have to approach it to logically figure out what we ie going to do, but what happens if Mc Blasi wants to start taking i[ off of the ranch and going other places? Is [hat still the same thing? HiJNIPHRIES: I don'[ think i[ is. I think as long as it's used on the ranch, it's still in line, I think, with what [he board originally had granted. At that time [here was no compensation, but that provision has been removed from the ac[ and the regulations and it's no[ in [he policy. So I don [think [ha[ enters into it really anymore. But if [he material was exported off-site, [hen I think that becomes a different issue. For example, [o the county for their use on [heir roads. PAULIN: Or if he wants to haul it [o another project that he's got going someplace else, [hen that wouldn't be permitted. HUMPHRIES: No. JANOSEC: Is there enough need for that much gravel in the project? BLASI: There's 22 miles of road on the project plus private drives, and [here is right now -- STARKER: 6,000 ton won't go very far. ABBOTT: Am I corsect in interpreting this, if you don't move i[, [hey will and make you pay [o have it moved? BLASI: Right. Because [he lots [hat adjoin me, the people aze complaining [hat it's an eyesore and they don'[ wan[ to see it [here. PAULIN: Any other questions of staff or Mr. Blasi? STARKER: I guess the original plan was not to have any stockpile left, and it's just the way i[ worked. JAVERNICK: Mr. Chairman, how do we have assurances it's going [o be reclaimed and [ha[ it's not going to go elsewhere? How do we assure ourselves of that happening? HUMPHRIES: Well, there isn't really a good assurance other than his word. If someone complains the fact and they tell us that it is, [hen we would investigate that. He's under oath, and that's what he says will happen. HELD: One other thing too. If yon do issue a declaza[ory order that exempts a specific activity, you can make i[ a very limited exemption. In other words, if the exemption applies solely [o removing [he stockpile for use on that site where no materials are sold outside that boundary, then you are exempting that activity but no other activity. STARKER: And that the stockpile azea shall be reclaimed. HELD: Yes. PAULIN: And when we do make our motion, if that's what we're going to do, it needs [o include [hat area that was formerly known as Red Creek Ranch? HUMPHRIES: I believe so. WALDRON: Majors Ranch. BLASI: Majors Ranch. It was a division of Red Creek. Now i[ is the Majors Ranch. PAULIN: So the motion would be Majors Ranch. And the Majors doesn't include just your property, but it adjoins -- BLASI: There's 18,000 acres total on that. PAULIN: Right. PAULIN: Any more questions or comments? Do you have anything further to add? BLASI: No; sir. PAULIN: We'll close testimony. What's your pleasure? JAVERNICK: I think it's a continuation from the declaratory order that was once issued, but I think we need [he constraints that we talked about. PAULIN: I agree with you. STARKER: Is that a motion? JAVERNICK: I'll make a motion. Are you ready for a motion? PAULIN: Yes, I'm ready. JAVERNICK: I move in the matter of File 0-97-033 we grant the declaratory order with the stipulation that [he gravel be used on the Majors Ranch exclusively and that reclamation be assured of the mine area as well as [he ' stockpile area. ABBOTT: Second. PAULIN: It's been moved and seconded to issue a declaratory order exempting the petitioner from the requirement of obtaining a reclamation permit; that he be able to remove the stockpile and sell it to people on the