Minutes , November 15, 1989 PAGE 18
<br /> Staff related that the operator did respond properly and in a timely
<br /> fashion, regarding taking the steps necessary to abate the violation.
<br /> Mr. Mulhall and Mr. Jones addressed the Board regarding the abatement
<br /> measures taken. They presented the following Exhibits: EXHIBIT B, C
<br /> and D - drawings of the 016 Pond "C" (the spillway); EXHIBIT E - maps
<br /> of the site; EXHIBIT F - a schedule of pond cleaning dating from August
<br /> 1 , 1988 to June-30, 1989 and EXHIBIT G - a copy of the OSM Regulations
<br /> concerning days of violation.
<br /> Ms. Diane Delaney presented and discussed EXHIBIT H - slides/snapshots
<br /> taken on the evening of June 28, 1989 , and illustrated, from the
<br /> operator's standpoint, the scope and magnitude of the problems at the
<br /> site.
<br /> Mr. Jones described the activities that occurred at the site on June
<br /> 28, 1989 , and provided, as a professional engineer, an opinion that
<br /> everything possible was done to control the flow of water at the time
<br /> of the accident.
<br /> Mr. L. R. Thompson briefly addressed the Board regarding the incident
<br /> at the mine on June 28, 1989.
<br /> It was MOVED that the Board uphold the Division's Cessation Order for a
<br /> Violation. SECONDED AND PASSED 3 for (Jouflas, Donald and Cooley); 1
<br /> recused (Kraeger-Rovey).
<br /> It was MOVED that .the Board reduce Civil .Penalties t.o $2.,500 for 1 day,
<br /> of- viola ion.dnd. m3kean allowance-of $5OO far' good fai,th'.from the
<br /> operator. SECONDED AND PASSED 3 for (Jouflas, Donald and' Cooley); 1
<br /> recused (Kraeger-Rovey).
<br /> 33. FORMAL PUBLIC HEARING
<br /> MID:ZONTINENT RESOU ES, INC. File No. C-81-017
<br /> 201 Centennial Street, Suite 406
<br /> Glenwood Springs, CO 81601
<br /> All or parts of Secs. ,5, , 6,- 7, 8., 9 , 10, 11 , .14,. 15, 1.6, 17 , 18, 1.9,
<br /> 20, 21 , 28, 29 and' 30, Tl OS, R89W; Secs. 1 , 12 , 13, 24 and 25, T10S,
<br /> R90W; Secs. 31 and 32, T9S, R89W, Pitkin and Gunnison Counties , 11 ,386
<br /> acres; underground coal mine. Formal review of Fact and Penalty for
<br /> NOV C-89-013. Withdrawn at the request of the operator.
<br />
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