PERMFILE100702

• Permit No: C1982054
• IBM Index Class Name: Permit File
• Doc Date: 5/23/1990
• Doc Name: DRAFT MINUTES MLRB
• Media Type: D
• Archive: No

Minutes, May 23-24, 1990 PAGE 8
SW 1/4 Sec. 26, T10S, R104W, Mesa County, 1.8 acres; sandstone quarry.
Consider possible notice of violation, civil penalties, cease and
desist order and corrective actions for mining without a permit.
Mr. Chris Jouflas recused himself from this hearing.
Staff reminded the Board that this matter was continued from the March
1990 Board Meeting at the request of the operator. At that Meeting,
the Board directed the operator to investigate whether mining
operations had occurred at the site since 1973. The Division was
directed to evaluate the information presented by the operator, conduct
an investigation and determine whether mining operations had occurred
at the site.
The Division inspected the site on February 12, 1990, and noted that
quarrying and mining activities had occurred at 3 locations. During
the inspection it was also noted that excavations had taken place and
material had been removed from the site, resulting in some erosion at
the site.
On March 1, 1990, the Division issued a cease and desist order to the
operator, because no permit had been issued for the site. On March 16,
1990, the operator acknowledged the cease and desist order, stated that
all explosives that may have been at the site had been removed. Staff
presented EXHIBIT A - slides of the site and further discussed the 1.8
or 2 acres o is rbance.
On May 14~ 1990, the operator submitted information to the Division,
EXHIBIT B - a May 11, 1990, letter regarding their investigation of
excava ions at the site prior to 1973. The information presented
stated that activity did occur at the site in 1984 and 1985. Staff
said that the 1984 activity would probably not constitute mining,
because the material removed had been previously stockpiled, was not
processed, and there was no excavation conducted at that time. Staff
stated that the removal of material in May and June of 1985 did
constitute mining and developed a reclamation liability.
Staff presented the Division's recommendations in EXHIBIT C
(presentation form)--notice of violation for mining wit ou obtaining a
valid reclamation permit. Corrective actions would include the
submittal of a reclamation only permit and a X5,000 financial warranty,
with the reclamation permit addressing the grading and revegetation of
the area. Staff answered questions from the Board.
Mr. Malcolm Murray, an attorney representing the operator, and Mr.
James Gatlin, in-house council for the operator, were present. Mr.
Murray presented EXHIBIT D - a 1927 snapshot of the site. He objected
to the notice of v~o a ion and the amount of the civil penalty. Mr.
Murray answered questions from the Board. He referenced slides in
Exhibit A and discussed the disturbances at the site.
Mr. Chris Jouflas, the property owner, testified briefly before the
Board about some activity that had occurred at the site.