REVISED AGENDA
MINED LAND RECLAMATION BOARD MEETING
MINED LAND RECLAMATION BOARD/STATE OF COLORADO, Public Notice in conformance with the Colorado Open Meetings Law. The Mined Land Reclamation Board will hold its monthly meeting on Wednesday, August 10, 2011, at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m., unless otherwise noticed.
Due to the statutory deadlines and other responsibilities and requirements, the following Mined Land Reclamation Board meeting AGENDA IS TENTATIVE AND WILL BE REVISED. If you have any questions on specific Agenda Items, please contact the Division at 303.866.3567.
In accordance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings may call Sitira Pope at 303.866.3567 ext 8136, giving her at least five (5) working days’ notice.
The audio broadcast of proceedings of the Colorado Mined Land Reclamation Board is provided only as an informational service. Service may be temporarily unavailable or limited, due to technical difficulties and bandwidth limitations, and could result in loss of audio signals or in the impairment of the quality of the transmission. mms://165.127.23.236/DRMS_Stream
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**1. Approval of July 2011 Summary of
Minutes (5 minutes)
**2. Continuances and Withdrawals (5 minutes)
**3. Consent Agenda…
A. Consent
Agenda
COOLEY
& SONS EXCAVATING, INC. …File
No. M-2011-034
c/o James Cooley
4469 N CR 108
Mosca, CO 81146
Rio Grande County, Sec. 11 NE ¼ , T40N,
R7E, NM P.M., 1.0 acres, Excavation, crushing and removal of “potato” rock and
sand & gravel; Cooley site. Consideration of a possible violation, Cease
and Desist Order, corrective actions and civil penalties for failure to obtain
from the Board or Office a reclamation permit prior to engaging in a new
operation. (Bob Oswald)
*B. Consent
Agenda
** MT.
ELBERT MINING CO., L.L.C. …File
No. M-1983-011
c/o Kay Blecha
P.O. Box 16851
Denver, CO 80216
Lake County, Sec. 6, T11S, R80W, 6th
P.M., 9.5 acres, 110(2) Gold; Willow Creek Mine. Consideration of the
operator’s request to extend a Board-ordered corrective action deadline. (Dustin
Czapla)
**4. EDO and Director Reports (20 minutes)
Presentation
by Jared Ebert:
**5. Formal Public Hearing
SPRING GULCH
MINING CO. …File No. P-2011-013
1558 Spring Gulch Road
P.O. Box 178
Idaho Springs, CO 80452
Clear Creek County, Sec. 34, T3S, R73W,
6th P.M., less than 1 acre, NOI; Gold and Silver; Bear Hug site.
Consideration of an applicant’s appeal of an Office decision to deny a Notice
of Intent to Conduct Prospecting application.
(30 minutes)
Presentation
by Jared Ebert:
**6. Formal Public Hearing
SPRING GULCH
MINING CO. …File No. P-2011-016
1558 Spring Gulch Road
P.O. Box 178
Idaho Springs, CO 80452
Clear Creek County, Sec. 34, T3S, R73W,
6th P.M., less than 1 acre, NOI; Gold and Silver; Bear Hug site.
Consideration of an applicant’s appeal of an Office decision to deny a Notice
of Intent to Conduct Prospecting application.
(30 minutes)
Presentation
by David Bird:
**7. Formal Public Hearing
HUDICK
EXCAVATING, INC. …File No. M-2011-019
c/o Mr. Bill Hudick
1700 N. Park Street
Castle Rock, CO 80109
Jefferson County, Sec. 32, T6S, R71W, 6th
P.M., Construction Materials 111 Special Operation; Conifer Town center
Stockpile site. Consideration of a citizen’s appeal of the Division’s 16 May
2011 decision to approve the 111 permit application. (60
minutes)
Presentation
by Eric Scott:
**8. Formal Public Hearing
STONER AND
COMPANY …File No. M-1986-050
605 S. College Ave.
Fort Collins, CO 80524
Larimer County, Sec. 3, T6N, R68W, 6th
P.M., 102 acres, sand and gravel pit; Weitzel pit. Revocation of Permit for Failure to Maintain
a Valid Financial Warranty and/or Failure to comply with the Board Order
(outstanding civil penalties). (20 minutes)
Presentation
by Barbara Coria:
**9. Enforcement Hearing
VENABLE ‘S
WELDING & ROUSTABOUT, INC. …File
No. M-2004-043
c/o Mike Venable
1041 N. Dumas Ave.
Dumas, TX 79029
Las Animas County, Sec. 35 SW ¼ of SW ¼
, T32S, R63W, 6th P.M., 32.62 acres, 112c, SDG; Mike Venable
site. Consideration of a possible
violation, Cease and Desist Order, corrective action, civil penalties, permit
revocation and finding the financial warranty subject to forfeiture for failure
to maintain a financial warranty in good standing for the entire life of the
permit. (20 minutes)
Presentation
by Jared Ebert:
10. Enforcement Hearing
M S Forest,
LLC. …File No. M-2006-010
P.O. Box 521
Aguilar, CO 81020
Las Animas County, Sec. 28, T31S, R68W,
6th P.M., 9.99 acres, sand, gravel and borrow; MSF/Feister Pit
#1. Consideration of a possible
violation, revocation and forfeiture, Cease and Desist Order, corrective
actions and civil penalties for failure to comply with the conditions of an
order. (20 minutes)
Presentation
by Russ Means:
**11. Enforcement Hearing
WESTERN GRAVEL,
INC. …File No. M-1987-024
3001 N. Townsend Ave.
Montrose, CO 81401
Montrose County, Sec. 19, T49N, R9W, 10th
P.M., 50.73 acres, 112c; Corey pit #3.
Consideration of a possible violation, Cease and Desist Order, civil
penalties, permit revocation and finding the financial warranty subject to
forfeiture for failure to maintain a financial warranty in good standing for
the entire life of the permit. (20 minutes)
**12. Public Comment
Public,
who wish, may speak on any matter not on the Agenda; however, please sign in
and provide a presentation slip to the Board Secretary.
**13. Executive Session
The Board will meet in executive
session to discuss the following pending litigation: Powertech v.
MLRB, 2010CV8615; Cotter
v. MLRB and DRMS, 2010CV7609 &
2011CV170 (consolidated); Morgan, et al. v Western Fuels Colorado,
LLC, et al., 2010CV548; High Country Citizen’s Alliance v. MLRB and U.S.
Energy Corporation, 2011CV1577; and Hudick Excavating, Inc. v. MLRB, 2011CV3801.
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