_GENERAL DOCUMENTS - C1981017 ‎(143)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

MINUTES, MARCH, 1985 PAGE 16
AGENDA ITEM 65 - PETITION FOR RULEMAKING/COAL PROGRAM
Staff presentation was made by Coal Supervisor, Fred Banta, presenting the
Board with ATTACHMENT 0, requesting that the Board initiate the rulemaking in
accordance with rue 1 .06 of the Rules and Regulation for Coal Mining.
Subject of petition is proposed modification of Rule 5.03.2 requiring the
issuance of a Cessation Order for conducting surface coal mining operator's
without a valid permit, and modification of Rule 5.04.5 - System for
Assessment of Civil Penalties allowing for maximum civil penalty of $5,000 per
day for conducting surface coal mining operations without a permit. The
changes proposed by staff are as follows: Page 1 , 5.03.2(1) , add paragraph
(b), and Page 2, 5.04.5(2), add a new paragraph (2).
It was MOVED that the Board initiate the rulemaking process as requested by
the Division. SECONDED and PASSED by a Vote of 4 for/1 abstention
(Hullinghorst was out of the room during a portion of the presentation. )
AGENDA ITEM 66 - DISCUSSION ITEM
Staff presentation was made by Coal Supervisor, Fred Banta, regarding the
process for the Assessment of Civil Penalties in the Coal Program. Staff
reviewed the current system and procedures and outlined the new system
proposed by the Division, reference ATTACHMENT P.
Presentation was made for the purpose of information only for the Board.
No Board Action Required.
BOARD MEMBER, Davis Holder, left the meeting.
AGENDA ITEM 63 - FORMAL PUBLIC HEARING, MID-CONTINENT RESOURCES, INC. ,
FILE NC-017-81
All persons wishing to present testimony were sworn.
Staff presentation was made by Coal Supervisor, Fred Banta, referring to the
draft of a Settlement Agreement, ATTACHMENT Q, which was previously presented
to the Board. Staff also presented ATTACHMENT R, a final Settlement
Agreement, which has now been agreed upon by the Division and Mid-Continent.
Staff outlined the changes that were made in the draft to reach the final
Settlement Agreement. This entire presentation can be heard on the permanent
record, Tape 12 @ 60.
Dave Sturgis was present representing Mid-Continent and indicated concurrence
with the Settlement Agreement.