_GENERAL DOCUMENTS - C1981017 (143)

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MINUTES, MARCH, 1985 PAGE 17 AGENDA ITEM 63 - FORMAL PUBLIC HEARING, MID-CONTINENT, CONTINUED: It was MOVED that the Settlement Agreement be adopted by the Board with the changes t a were outlined by staff and agreed upon by Mid-Continent allowing Mid-Continent 15 days from the date of this hearing to submit additional comments relating to the various descriptions appended to the Settlement Agreement with the understanding that those comments will not alter the Settlement Agreement as adopted by the Board. SECONDED and PASSED UNANIMOUSLY. SUNSHINE ITEM 4 - MID-CONTINENT RESOURCES, INC. , C-017-81 Staff presentation was made by Coal Supervisor, Fred Banta, regarding language approved by the Board in settlement of Notices of Violation C-84-050, C-84-051 , C-84-052 and C-84-060. It was the request of Mid-Continent Resources that paragraph 5 of the Settlement Agreement just approved be added to the Settlement of Notices of Violation C-84-050, C-84-051 , C-84-052 and C-84-060, which states, "This compromise settlement agreement shall not prejudice Mid-Continent' s right in any subsequent proceeding related to the subject enforcement cases to introduce evidence as to whether the violations hereby settled constitute a pattern of violations including the right to contest whether such violations were caused by unwarranted failures or as to whether such violations were willfully caused." Based on the staff presentation and comments from Mid-Continent Resources, it was MOVED that the request for modified language be approved. SECONDED and PASSED UNANIMOUSLY. Board recessed for lunch. THURSDAY AFTERNOON, BOARD MEMBERS PRESENT: Lee Campbell , Dickey Lee Hullinghorst, Margie Winter and Sherman Blach. AGENDA ITEM 72 - FORMAL PUBLIC HEARING, TEXAS MINING CORP. , 81-131 All persons wishing to present testimony were sworn. Staff presentation was made by Minerals Supervisor, Ed Bischoff, regarding a 112 placer operation located eight miles northwest of Como in Park County. Board to consider civil penalties associated with violation for failure to pay annual fees and submit annual reports for 1983 and 1984. Notice of Violation and cease and desist was issued by the Board at the February Board Meeting for that violation, with the corrective action that all mining cease, pay annual fees in the amount of $700 and submit an annual report bringing the Division up-to-date as to the status of mining operations at the site no later than March 27. No response has been received at this time.