1989-12-21_GENERAL DOCUMENTS - C1981017

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DRAFT Sublet To Board Approval Minutes, November 15 , 1989 PAGE 2 Staff Presentation by Larry Oehler: 4. FORMAL PUBLIC HEARING TROMAS L. MON File No. M-89-111 1445 Walnut Canon City, CO 81212 All persons wishing to give testimony were sworn. Sec. 16, T18S, R71W, Fremont County, 10 acres; surface-decomposed granite. Consideration of possible notice of violation, cease and desist order, corrective actions and civil penalties for mining without a permit. Staff addressed the Board and provided corrections to the Agenda; this is 2 acres (instead of 10) and a Cease and Desist Order need not be considered, since operations ceased in 1988. Information was provided that this is a gravel mining operation being conducted on State land; the operator leased the land from 1972 to 1988. The State Land Board terminated this lease, at the operator's request, in May of 1989. In July of 1989 , the State Land Board contacted the Division and asked if the operator had ever permitted the operation in question. The Division provided the Land Board with information that this operation was never permitted and further asked the Land Board to provide evidence that mining had occurred. The Land Board sent a letter to the Division, EXHIBIT A, including records of the tonage of material excavated and royalty payments. Those records indicated mining had taken place, periodically, from 1974 through 1988. Staff related that the operator does not dispute that mining occurred at this site. The Land Board requested the Division inspect this site, to find out if a violation had occurred. Staff inspected the site on October 13, 1989, and again on November 3, 1989. Slides, EXHIBIT B, of the November inspection of 3 pits were shown and discussed. THe `r operation consisted of excavating decomposed granite. The operator used a backhoe and a truck in his operation. EXHIBIT C - a 1970 aerial photograph of the site was presented and the istur anres at the pits were discussed. The aerial photo showed disturbance at the north pit, but none at the west or south pits. Staff said the operator had been cooperative, but had stated that he did not know a permit was required for his operation. Staff had suggested the operator contact the SCS about initiating a reclamation plan for the site; the operator did this and started a reclamation plan. It had also been suggested that the operator submit an application for a 110 permit/reclamation only. Staff presented EXHIBIT D - a Civil Penalty Worksheet (duration was changed from 1972-1988 to 1974-1988; there was no evidence prior to 1974) and recommended the operator be fined for 60 days of disturbance at $85 per day or $5 ,100. Staff related that reclamation could probably be accomplished within 18 months. Mr. Thomas Dixon addressed the Board and answered their questions.