1994-05-13_GENERAL DOCUMENTS - C1981017

Home Browse Search

Minutes , March 27 - 28, 1991 18 33. FORMAL PUBLIC HEARING ES, INCORPORATED File No. C-81-017 201 Centennial Street, Suite 406 Glenwood Springs , CO 81601 All persons wishing to give testimony were sworn. Secs. 28 and 31-34, T9 S, R89W; Secs. 4-11 , 14-15 , 16-25, 28-31 and 34-36, T10S, R89W; Secs. 1-2 , 11-14 and 23-25, T10S, R90W; Secs. 20 and 31 , TIOS, R88W; Sec. 36, T9S, R90W; Sec. 6, T11S, R88W, Pitkin, Garfield and Gunnison Counties , 11 ,384 acres; underground coal . Board decision on Order issued by the Division to SHOW CAUSE WHY PERMIT SHOULD NOT BE SUSPENDED OR REVOKED. Mr. Frank Johnson, Assistant Attorney General , asked that the Board continue this hearing to the April 1991 Board Meeting for the following reasons: 1 ) the Division has conducted a mid-term review of the site; 2) the Divi.sion has issued several new NOVs for this site and 3) the operator has ceased mining operations at the site. The Division has met with the operator and plans to reach a agreement which would include a specific proposal to the Board on how to proceed, regarding the matters relating to this issue. Mr. Johnson said the Division has entered into settlement negotiations with the operator, in an attempt to develop a proposal for the Board. No agreement has been reached at this time, therefore, the Division requested that the Board continue this matter. Mr. Johnson referened . (faxed) letters from the Garfield Citizens ' Allicance and the Crystal Valley Enironment Protection Association in which they asked to be allowed to participate in these proceedings. Mr. Johnson, on behalf of the Division, asked the Board to do the following: 1 ) continue this hearing to the April 1991 Board Meeting; 2 ) grant party status to Garfield Citizens ' Alliance and the Crystal Valley Environment Protection Association; 3) appoint a Pre-hearing Officer and schedule a Pre-hearing Conference in this case and '4) delegate to the:Pre--hearing Conference 'Officer the authority to set a time for filing of evidence, briefs and objections and a settlement agreement. In response to a question from the Board, Staff said the Division is continuing the normal inspection frequency and is conducting monitoring at the site. There are no imminent environmental hazards or threats currently existing at the site. Ms. Diane Delaney, representing the operator, addressed the Board briefly regarding the the company's handling of problems being experienced at the site. She answered questions from the Board. Board Member Luke Danielson volunteered to serve as Pre-hearing Conference Officer in this matter.