1989-12-21_GENERAL DOCUMENTS - C1981017

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DRAFT Subject To Board Approval Minutes, November 15, 1989 PAGE 3 Mr. Lew Ladwig, the Minerals Director for the State Land Board; and Mr. Wilks , the Commissioner for the State Land Board, related concerns that the site be reclaimed and returned to suitable use. The Land Board does not have a bond on the property in question. It was MOVED that the Board find the operator in violation for mining without a permit; impose a Corrective Action consisting of filing for a reclamation only 110 permit, including a provision for grading to be completed by next Summer, and a bond--to be submitted in such a timely manner that the permit is approved by the Board within 60 days; levy a Civil Penalty in the amount of $5,100 with the payment being delayed pending completion of the reclamation. In 12 months the Board will review the reclamation status of this case and, based on the review of the reclamation success and status, the Civil Penalty will also be reviewed. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Donald, Jouflas and Cooley). Staff Presentation by Daniel Hernandez: 5. FORMAL PUBLIC HEARING File No. P-89-056 427 South Zuni Street Denver, CO 80223 All persons wishing to give testimony were sworn. Sec. 24, T3S, R73W, Gilpin County, 1 .5 acres; gold and silver. Reconsideration of notice of violation, cease and desist order, corrective actions and assessment of civil penalties for prospecting without filing a Notice of Intent. Staff stated that on July 21 , 1989, the Division and BLM Staff conducted a joint inspection of this site. Slides , EXHIBIT A, of that inspection were shown and discussed: an existing sha-cV a rouble-wide mobile home trailer, a yellow gooseneck trailer, a blue pickup and a fuel tank were some of the items discovered on site. On August 3, 1989, the Division sent a Reason to Believe Letter to the operator for prospecting without a notice of intent, and the issue was set for the August Board Meeting. On August 18, 1989, the operator responded by submitting an incomplete Notice of Intent; there was no reclamation plan nor bond. On August 23, 1989, the operator was found in violation for failure to submit a Notice of Intent prior to conducting prospecting. The operator arrived late for that Meeting, after he had been found in violation. Staff presented EXHIBIT B - a copy of the August Board Order; a Cease and Desist Order had Been issued; regarding the previous decision, i .e. , Civil Penalty and Corrective Action, a $1 ,700 Civil Penalty ($50 per day for 34 days) had been assessed, with $800 being suspended, if a complete Notice of Intent and a $4,000 financial warranty had been submitted by October 14, 1989 or, if the site was reclaimed and inspected by the Division, by 30 days of the signature date.