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 and Thursday, – November 9-10, 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 October 2011 Summary of
Minutes (5 minutes)
**2. Continuances and Withdrawals (5 minutes)
**3. Consent Agenda… (No Items were submitted for
the Consent Agenda for November 2011)
**4. EDO and Director Reports (20 minutes)
Presentation
by Bruce Stover:
**5. Board Action
The MLRB is
required to approve contract extensions with Marsh USA, Inc. Marsh USA is the insurance agency who
administers the Mine Subsidence Protection Program. (15
minutes)
Presentation
by Eric Scott:
**6. Board Action
STONER AND
COMPANY DEVELOPMENT …File
No. M-1986-050
c/o Jay Stoner
605 South College Ave.
Ft. Collins, CO 80524
Larimer County, Sec. 3, T6N, R68W, 6th
P.M., 102 acres, 112c Sand and Gravel; Weitzel pit. Consideration of prior motion and revision of
civil penalty imposed to accurately reflect the number of days in
violation. At the October meeting, the
Board assessed a civil penalty, with all but $3,650 suspended, for 365 days in
violation at $100 per day. As provided
in Division staff’s Presentation Form, it was 168 days since the date the
Division set for replacement of the bond.
(15 minutes)
Presentation
by Michael Cunningham:
**7. Enforcement Hearing
CHANDLER
COOK …File No. P-2011-031
2140 Rouse Rd
Orlando, FL 32817
Boulder County, Sec. 29, T2N, R71W, 6th
P.M., 0.2 acres, ILL- Gold; Alicia Mine. Consideration of a possible violation,
Cease and Desist Order, corrective actions and civil penalties for failure to
obtain from the Board or Office a notice of intent prior to engaging in
prospecting operations. (45 minutes)
Presentation
by Wally Erickson:
**8. Enforcement Hearing
MATHEW POMA …File No. M-1981-041
135 County Center Drive, Suite F #201
P.O. Box 5796
Pagosa Springs, CO 81147
Hinsdale County, Sec. 36, T38N, R4W, 10th (NMPM), 3 acres, 110c In-Stream, Sand and Gravel; Martin-Poma Ranch. Consideration of a possible violation, Cease and Desist Order, corrective actions, and civil penalties for failure to comply with permit conditions and failure to maintain a legal right to enter the permit area to conduct mining and reclamation.
(60 minutes)
Presentation
by Dustin Czapla:
**9. Enforcement Hearing
HARDROCK SAND
AND GRAVEL …File No. M-1977-443
c/o Pat Weber
P.O. Box 141
Craig, CO 81626
Moffat County, Sec. 24, T7N, R93W, 6th
P.M.- Colorado, 5 acres, Sand and Gravel; Moon Pit No. 2. Consideration of a
possible violation, Cease and Desist Order, corrective actions, civil
penalties, and whether the financial warranty is subject to forfeiture for
failure to comply with the conditions of a Board Order. (15
minutes)
Presentation
by Russ Means:
**10. Enforcement Hearing
WESTERN GRAVEL,
INC. …File No. M-1992-102
3001 N. Townsend Ave.
Montrose, CO 81401
Montrose County, Sec. 17, T48N, R9W, 10th
P.M., 61 acres, 112c, Sand and Gravel; South D-20 Pit. 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, and for failure to comply with
the performance warranty. (20 minutes)
Presentation
by Wally Erickson:
**11. Formal Public Hearing
WILDCAT
MINING …File No. M-1981-185
c/o Roger Tichenor
1630 Ringling Blvd.
Sarasota, FL 34236
La Plata County, Sec. 28 , T36N, R11W, 10th (New Mexico PM), 274.7 acres, 112d-1, Precious Metals(Au, Ag) Mining and Milling Operation; Silver; May Day Idaho Mine Complex. Consideration of a Hard Rock application to convert a 110(2) to a 112d-1 type permit (CN-01), with objections. (180 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.
Presentation
by Kathy Alire:
**13. Executive Session
The Board will
meet in executive session to discuss
prospecting notices required to be kept confidential pursuant to section
34-32-113(3), C.R.S. (20 minutes)
**14. Executive Session
The Board will meet in executive session to discuss the following pending litigation: Cotter v. MLRB and DRMS, 2010CV7609 & 2011CV170 (consolidated); Morgan, et al. v Western Fuels Colorado, LLC, et al., 2010CV548;Hudick Excavating, Inc. v. MLRB, 2011CV3801, Powertech v. MLRB, 2010CV8615, and High Country Citizen’s Alliance v. MLRB and U.S. Energy Corporation, 2011CV1577.
Presentation
by Tony Waldron:
**15. Discussion Item
JACK STARNER AWARD
nov11rev