1992-08-26_GENERAL DOCUMENTS - C1981017

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Minutes, June 26 - 27, 1991 2 d) Legislation. . . 1 ) HB 1115--has not yet been signed by the Governor; 2) SB 177--passed and, at the Department's request (ATTACHMENT A) , has been signed by the Governor; e) Amendments to SB 177 relating to the issue of delegation of authority, i .e. , to approve non-controversial 112 permits, to issue cessation orders to illegal operators and to issue reason to believe letters. Mr. Frank Johnson suggested the Board re-promulgate Rule 2.3 through emergency rule-making; and f) May 1991 Board Meeting Agenda. Staff Presentation by Steve Renner: 3. FORMAL PUBLIC HEARING MID-CONTINENT RESOURCES, 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, T9S, R89W; Secs. 4-11 , 14-15, 16-25, 28-31 and 34-36, T10S, R89W; Secs. 1-2, 11-14 and 23-25, TIOS, R90W; Secs. 20 and 31 , T10S, R88W; Sec. 36, 179S, 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 (continued from the April 1991 Board Meeting) . Board Member Catherine Kraeger-Rovey addressed- the- Board and- recused herself from hearing this matter, in order to avoid an appearance of a conflict of interest. Mr. Frank Johnson, Assistant Attorney General , stated that the Division and the operator had reached a Settlement Agreement (EXHIBIT A). He said the Division feels the Settlement Agreement specs' 'es an appropriate corrective action for the alleged pattern of violations caused by the operator's failure to comply. Mr. Johnson suggested that instead of proceeding with the evidentiary hearing, the Board consider whether the Settlement Agreement would be an appropriate remedy, if it was found that a pattern of violations exists. If the Board determined that the Settlement Agreement would be an appropriate remedy, Mr. Johnson asked the Board to issue an Order, incorporating the terms of the Settlement Agreement and directing the operator to pursue that corrective action. At the Board's request, Mr. Johnson discussed the issue of two parties being excluded as signatories on the Settlement Agreement. He said the Settlement Agreement, if accepted, would allow the other parties to address specific concerns with the corrective actions set out in the Agreement. This issue was discussed in some detail . Mr. Maury Knizer, counsel to the Board, as well as Mr. Luke Danielson, Pre-hearing Conference Officer, recommended that the Board hear brief testimony from all parties to this hearing. The Board accepted that recommendation.