1989-07-25_GENERAL DOCUMENTS - C1981017

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Minutes , November 15, 1989 PAGE 16 Minerals Program Forms were discussed. It was suggested that the Board hold a Special Session to review these Forms . The Board will convene at 7:30 a.m, on December 13 to review these Forms. The Board was asked to send comments, suggested changes , etc. , to the Division so that these may be incorporated, prior to the December 13 Meeting. 31 . PRESENTATION OF NPs AND CONTINUANCES With the addition of Item #6 to the NP List, Staff answered questions from the Board and provided clarification, regarding this issue/amendment. It was recommended that conditions for approval of the amendment be modified to state that the operator will not mine, until they have demonstrated that issues relating to the hydrologic balance have been satisfied. It was MOVED that NPs, Continuances and Wi.thdrawals be approved as submitte-d in ATTACHMENT F, including Item #6 with the modifications to the conditions or approval of the amendment. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Donald, Jouflas and Cooley ). Staff Presentation by Jim Stevens: 32. FORMAL PUBLIC HEARING MID:ZONTINENT RESOU ES, INC. File No. C-81-017 P. 0. Box 500 Carbondale, CO 81623 Al.l. persons wishing .to give testimony. were sworn. Secs , 4, 5 , 8, 9 , 10, 11 , 14 , 15 , 16, 17 and 21 , T10S, R89W, 6th P.M. , Pitkin and Garfield Counties , 11 ,384 acres; Underground/Federal Coal Operation . Consideration of Cessation Order (C-89-019) issued by the Division on June 29, 1989. With no objection from the operator, Ms. Kraeger-Rovey recused herself from this Hearing. Therefore, Mr. . Jouflas was Acting Chairperson for this Hearing: In discussing the procedure for these cases, Staff related that when the Division issues a Cessation Order or a Notice of Violation, a Civil Penalty is proposed. After the Civil Penalty has been proposed, the operator has the opportunity to request an informal assessment conference. At that conference, the fact of the Cessation Order or Violation and the amount of the Civil Penalty are discussed. After that conference is held, a settlement agreement is developed by the conference officer and sent to the operator. If the operator agrees to the settlement agreement and signs it, the matter is considered resolved. If not, the operator has the opportunity to request a formal review by the Board, regarding the facts of the enforcement action, as well as the consideration of the Civil Penalty amount. The Division went through the above process with this operator, and the operator decided to request a formal review by the Board of the enforcement action and the amount of the Civil Penalty.