1992-08-26_GENERAL DOCUMENTS - C1981017

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Minutes , April 22-23, 1992 40 Ms . Diane Delaney, representing the operator, addressed the Board and briefly discussed the work currently being conducted at the site. She said that the President of Crystal Springs Coal , Charlie McNeil , has been spending a lot of time at the site working with the individuals retained to conduct the start-up of the mine . Ms . Delaney said the work necessary to start-up the mine is being conducted at this time . In response to an inquiry from Frank Johnson, Mr. Holden said that the bankruptcy approval does not have to be given after approvals from other agencies . He said he would attempt to obtain an approval from the court, regarding the transaction, as soon as possible . 13. FORMAL PUBLIC HEARING MID-CONTINENT RESOURCES, INCORPORATED File No. M-82-121 P. 0. Box 500 1058 County Road 100 Carbondale, CO 81623 All persons wishing to give testimony were sworn. Sec. 36, T5S, R89W, 6th P.M. , Garfield County, 23 acres , 112 surface limestone quarry. Consideration of a possible notice of violation , cease and desist order, corrective actions and civil penalties for failure to minimize disturbances to the hydrologic balance, failure to protect off-site areas from slides and failure to stabilize affected land so as to effectively control erosion and attendant water pollut;on. Board Member Kraeger-Rovey stated that although her company had conducted work for the operator in the . past, it did not i-nvol ve -thi s mine. She said this would not present a conflict of interest in her hearing this matter. There were no objections to Board Member Kraeger-Rovey hearing this matter. Staff said the Division inspected the site on March 16, 1992 , and that only the item regarding a possible failure to protect off-site areas from slides will be considered at this time. Staff showed slides , EXHIBIT A, and discussed the disturbances at the site, including the deposit of crusher fines in a nearby creek outside the permit area. Staff distributed EXHIBIT B, a presentation form, and- recommended that the Board find the operator in violation of 34-32-116(7)(h) for failure to protect areas outside of the affected land from slides or damage occurring during the mining operation . Staff recommended that the Board not issue a cease and desist order at this site , because corrective actions have begun . Staff said the operator has initiated corrective actions which include the use of straw bales and has agreed to submit new hydrologic designs to the Division by May 15, 1992. Staff recommended that the Board order the operator to submit the hydrologic designs by May 15, 1992 , implement the plans by May 29, 1992, that an amendment be submitted by June 1 , 1992 to incorporate the off-site disturbance into the permit boundary and that the operator be ordered to conduct reclamation of the disturbance by November 2, 1992 .