GENERAL56128

• Permit No: M1980149
• IBM Index Class Name: General Documents
• Doc Date: 3/20/1981
• Doc Name: MEMO SUMMARY OF DIVISION ACTION WELD CNTY HOKESTRA PIT FILE 80-149
• From: MLR
• To: DAVID C SHELTON
• Media Type: D
• Archive: No

Plemorandum
March 20, 1981
Page Two
and Desist Order for all Weld County mining operations, as
issued on June 28, 1978;
c. Weld County ordered to std all mining operations at this
site and all other mining sites; and,
d. directed the Attorney General to immediately initiate injunction
proceedings against Weld County to secure 7(c) above.
8. June 13, 1980, Lew Woods writes a letter to Weld County Attorney,
Thomas David, Esq. Letter discussed the 1978 Cease and Desist Order
and the possible injunction under Section 34-32-124(3).
NOTE: Lew Woods did not feel the case for an injunction was strong
enough to pursue. Additionally, an injunction did not seem
crucial at the time since, to the understanding of the
Division, the operator was in compliance with the June 10, 1980
Board action.
9. June 13, 1980, staff requests technical assistance from the U. S. Army
Corps of Engineers to assess the hydrologic consequences of the above
operation to St. Vrain Creek.
10. June 30, 1980, U. S. Army Corps of Engineers replies to June 13, 1980
request. The letter stated that Corps assistance "does not include
conducting engineering studies of the type and scope requested in your
letter".
11. July 2, 1980, Weld County notified by MLR staff of Hearing to consider
action under Section 34-32-123, CRS 1973, specifically, the consideration
of Civil Penalties for operating without a permit.
12. July 2, 1980, John Slovek requests in writing:
a. that damages due him be assessed at the time of hearing;
b. requested a strong penalty be imposed on the operator;
c. that the Cease and Desist Order and injunction be effective; and,
d. that no permit issue until all damages due him are settled with
Weld County.
13. Between July 2 to 18, an emergency developed regarding injuries related
to the County's inability to repair roads due to Cease and Desist on all
their gravel operations. Resulting dialogue between the County and Lew
Woods allowed removal of gravel only in amounts sufficient to meet said
emergency.
14. July 18, 1980, at the request of staff, Weld County submits a history
of the Hokestra Pit.
15. July 22, 1980, Weld County submits applications for the Hokestra Pit to
MLR.
16. Results of Hearing, July 23, 1980, (see transcripts) resulted in $2,000.00
Civil Penalty. $1,000.00 was suspended pending successful application.
$1,000.00 paid on March 6, 1981.