PERMFILE127593

• Permit No: M1981112
• IBM Index Class Name: Permit File
• Doc Name: AGENDA ITEM 28 BUILDERS AGGREGATE CO NO FN
• Media Type: D
• Archive: No

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999
MLRB MINUTES Page 4
AGENDA ITEM 28 - BUILDERS AGGREGATE COMPANY, No File Number
Staff presentation was made by Reclamation Specialist, Mike Stanton, regarding an
unpermitted gravel dredging operation located in Fort Morgan. Staff recommended
that consideration of civil penalty be deferred, a cease and desist order be issued
and that the operator be found in violation of operating without a permit, and that
a deadline be set for submittal of a complete application.
Mr. Miner, representing Builders Aggregate Company, presented testimony in their
behalf.
After considerable discussion, which can be heard on the permanent record Tape 2 @ 60
thru Tape 3 @ 23, it was MOVED that Builders Aggregate Company be issued a cease and
desist which will not be in effect until the July Board Meeting in lieu of the fact
that the operator has already been reclaiming this property. SECONDED.
Aftet further discussion the MOTION WAS WITHDRAWN and it was PSOVED that Builders
Aggregate Company be found in violation of mining without a permit and a cease and
desist be issued effective immediately. SECONDED. Motion was rejected by a Vote
of 2 for (Sherman Blach and Margaret Winter}, 3 opposed (Larry Brown, Bob Turner
and Davis Holder) and 1 abstention (Joe Sullivan was out of the room during part of
the discussion).
It was MOVED that Builders Aggregate Company be Eound in violation of mining without
a permit and that a cease and desist issue effective 20 days hence. SECONDED and
PASSED by Vote of 4/1 opposed (Margaret Winter) and 1 abstention (Joe Sullivan).
AGENDA ITEM 39 - EQUITY COLD, INC., File No. 81-73
Staff presentation was made by Reclamation Specialist, Mark Loye, regarding a 110
permit application for an underground gold and silver mining operation. The area
and reclamation plan was outlined in detail with photos. The staff also presented
the Board with three letters that have been received relative to this operation,
ATTACHMENTS B, C and D, which were reviewed in detail by the Board.
Bob Brooks, representing Equity Gold, Inc., gave testimony in their behalf.
Entire testimony regarding this permit application can be heard on the permanent
record, Tape 3 @ 23.
Staff recommended approval of the permit application with a stipulation that the
operator submit a map to the Division that shows the location of all planned waste
rock piles and illustrates the detailed settling pond-sediment control system for
the effected land. A cross sectional diagram of the settling pond illustrating
planned operational characteristics should also be submitted. These items should
be submitted within one month of the permit date.
It was MOVED that the Board grant Equity Gold, Inc., File No. 81-73, a permit
setting the bond at $2,500 with those portions of Plark Loye.'s stipulation which
relate to everything except water. SECONDED and PASSED by a Vote of 4/2 opposed
(Joe Sullivan and Bob Turner).