Mined Land Reclamation Board Meeting

SUMMARY OF MINUTES

MINED LAND RECLAMATION BOARD MEETING

The Board Meeting was called to order at approximately 9:00 a.m. on Wednesday, May 21, 2014, at 1313 Sherman Street, Room 318,Denver, Colorado. The following members were present: Forrest Luke-Chairperson, Tom Brubaker, Jill Van Noord, and Bob Randall. The following people were present for the Division of Reclamation Mining and Safety: Ginny Brannon, Tony Waldron, and Johnie Abad. John Roberts, Esq., of the Attorney General’s Office was present representing the Board. Jeff Fugate, Esq., and Julie Murphy, Esq., of the Attorney General’s Office were present representing the Division. Also present was Petina Falk, Registered Professional Reporter.

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Approval of April 2014 Summary of Minutes: By unanimous vote, the April 2014 minutes were approved as submitted.

Continuances and Withdrawals: There were no Continuances or Withdrawals.

Consent Agenda

A. / Consent Agenda
ROBINS CONSTRUCTION, LLLP
c/o Randy Robins
P.O. Box 212
Antonito, CO 81120 / …File No. M-2009-053

Conejos County: Sec. 15, T33N, R8E, N.M. P.M., 9.7 acres, 112(c) – Basalt Rock Extraction; Robins Rock Pit. Consideration of Operator’s consent to a possible violation, cease and desist order, corrective actions, and civil penalties for failure to first obtain a reclamation permit from the Board or Office prior to engaging in a new operation. (Wally Erickson)

B. / Consent Agenda / …File No. M-2013-026
LOCKLAND, LLC
c/o Robert Calder
902 East 6th Street
Leadville, CO 80461
Lake County: Section 20, T9N, R79S, 6thP.M., 9.9 acres, 110(2) – Hard Rock Limited Impact; Hopemore Shaft. Request for extension beyond 365 day review period of permit application. (Dustin Czapla)
C. / Consent Agenda / …File No. M-1986-076
DGMC
125 W. Main Street
Farmington, NM 87401
La Plata: Section 22, T36N, R11W, N.M.P.M., 9.9 acres, 110(d) – Underground and surface plus mill, gold: Incas Mine. Operator’s request for temporary cessation, where no comments or objections were received. (Kate Pickford)
*D. / Consent Agenda / …File No. M-2010-080
RIVERSIDE AGGREGATES, LLC
c/o Rudy Torres
1750 County Road HH
Lamar, CO 81052
Prowers County: Section 18, T22S, R47W, 6th P.M., 9.9 acres, 110(c) – Sand and Gravel; Friederichs Pit. Consideration of a possible violation, Cease and Desist Order, corrective actions, and civil penalties for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation. (Amy Escheberger)
*E. / Consent Agenda / …File No. M-1988-093
FREMONT PAVING
c/o John P. Ary
P.O. Box 841
Canon City, CO 81215
Fremont County: Section 17, T19S, R69W, 6th P.M., 9.9 acres, 112(c) – Construction Regular Operation. Fremont Paving & Redi-Mix Pit. Consideration of acceptance of the Notice of Temporary Cessation as submitted. (Tim Cazier)

4.EDO Report:

a)Budget Retreat: Mr. Randall said the Department of Natural Resources and all of its division will have its annual budget and policy retreat at the end May, and the divisions bring forward proposed budget decision items and legislative proposals.

b)Office Moves: Mr. Randall said the Colorado Division of Parks and Outdoor Recreation is moving a number of employees from the historic headquarters at 6060 Broadway to 1313 Sherman. He said the Colorado Water Conservation Board will be moving into 1313 Sherman also.

c)Beijing, China: Mr. Randall said he traveled to Beijing, China, as part of a U.S. State Department and Interior Department program to encourage other countries to develop their unconventional natural gas resources. Mr. Randall said he talked about the evolution of Colorado statutory and regulatory structures.

Director Report:

a)Colorado Stone, Sand & Gravel Association Field Trip: Ms. Brannon reminded the Board of the upcoming Colorado Stone, Sand & Gravel Association field trip the afternoon on July 29.

b)Rulemaking: Ms. Brannon reminded the Board that the Division will undertake rulemaking this fall for operations of less than 5 acres, reducing the permit cost to $288 with the annual fees set at $172.

c)Foundation for Agricultural Reader: Ms. Brannon said the new Colorado Foundation for Agricultural reader has been published. She explained this is something being included in the Youth in the Outdoors initiative.

d)Tree Planting: Ms. Brannon said in coordination with Youth in the Outdoors, the David Buchnam Memorial Scholarship Fund, and volunteers from Environmental Learning for Kids, ELK, and the Division will be taking several kids south of Mosquito Creek to plant 2,000 sapling trees.

5. / Enforcement Hearing
ALL AMERICAN RESOURCES
c/o Kent Cotten
30585 Hwy 92
Hotchkiss, CO 81419 / …File No. M-1999-014

Delta County: Sec. 7, T15S, R94W, 6th P.M., 16.4 acres, 110(c) –Sand and Gravel;

North D-22 Pit. Consideration of possible violation(s), cease and desist order, corrective actions and civil penalties for 1) failure to submit annual fee, report and map, 2) failure to maintain legal right to enter to conduct a mining operation, 3) failure to control noxious weed infestation within the affected area, 4) failure to post mine identification sign, and 5) failure to salvage sufficient topsoil for reclamation.(Dustin Czapla)

Also present: Russ Means

By unanimous vote, the Board found the operator in violation for failure to submit an annual fee, report, and map on the anniversary date of the permit; failure to provide a description of the basis for legal right of entry to the site and to conduct mining and reclamation; failure to employ a method of weed control for all prohibited noxious weed species; failure to post a sign clearly visible from the access road showing the name of the operator, a statement that a reclamation permit has been issued for the operation, and the permit number; and failure to salvage topsoil. The Board issued a cease-and-desist order prohibiting any further mining activities, except those activities approved by the Division, in writing, necessary to comply with the conditions of the Board order, prevent damage to off-site areas, or to protect health and safety.

The Board ordered the operator within thirty (30) days to submit an adequate annual fee, report, and map; provide a description of the basis for legal right of entry to the site to conduct mining and reclamation; provide documentation demonstrating that noxious weeds on-site have been treated; post an adequate mine identification sign at the entrance to the mine site; and submit a technical revision to the permit identifying the source of the additional topsoil necessary to reclaim the site in accordance with the approved reclamation plan.

The Board assessed a civil penalty for forty-nine (49) days of violation at $100.00 per day for a total civil penalty of $24,500.00 with all but $500.00 of the civil penalty suspended if the operator complies with the corrective actions. The $500.00 is due within thirty (30) days of the mailing date of the signed Board order. Failure to submit the unsuspended portion of the civil penalty by the date specified in the Board order will result in immediate submittal of those penalties to State collections.

6. / Enforcement Hearing
ALL AMERICAN RESOURCES
c/o Kent Cotten
30585 Hwy 92
Hotchkiss, CO 81419 / …File No. M-2011-046

Delta County: Sec. 7, T15S, R94W, 6th P.M., 16.4 acres, 112(c) –Sand and Gravel;

Austin Pit. Consideration of possible violation(s), cease and desist order, corrective actions and civil penalties for 1) failure to submit annual fee, report and map, 2) failure to maintain legal right to enter to conduct a mining operation, 3) failure to control noxious weed infestation within the affected area, 4) failure to post mine identification sign, and 5) failure to salvage sufficient topsoil for reclamation.(Dustin Czapla)

Also present: Russ Means

7. / Enforcement Hearing
ROARING FORK RESOURCES
James (Sandy) Lowell III
P.O. Box 1533
Glenwood Springs, CO 81602 / …File No. M-1982-010

Garfield County: SW ¼ ofSec. 18, T6S, R93W, 6thP.M., 81.8 acres, 112(c)Sand and Gravel;Union Carbide Pit. Consideration of a possible notice of violation, cease and desist order, corrective actions, a finding the permit is subject to revocation and the financial warranty is subject

to forfeiture for failure to comply with the conditions of a Board order. (Stephanie Mitchell)

By unanimous vote, the Board found the operator in violation for failure to comply with an order, permit, or regulation and found the permit is subject to revocation. Further, the Board found the financial warranty is subject to forfeiture for failure to complete corrective actions and directed the Division to schedule a hearing for revocation of the permit and forfeiture of the financial warranty at a hearing after all parties have been correctly notified.

The Board assessed a civil penalty for fifty (50) days of violation at $100.00 per day for a total civil penalty of $5,000.00 with all of the civil penalty suspended.

8. / Enforcement Hearing
WILDCAT MINING CORPORATION
3926 North State Hwy 67
Sedalia, CO 80135 / …File No. M-1981-185

La Plata County: Sec. 28, T36N, R11W, 10thP.M., 274.7 acres, 112(d) Underground, Gold and Silver; May Day Idaho Mine Complex. Consideration of permit revocation and forfeiture of financial warranty. (Jeff Fugate)

Also present: George Robinson

Mr. Fugate provided an update to the Board and said Wildcat continues to be in compliance with the February stipulated agreement, and they are making progress as it relates to repair stabilization work of the access road.

9. / Formal Public Hearing
INFORMATION NETWORK FOR RESPONSIBLE MINING
P.O. BOX 27
NORWOOD, CO 81423

Consideration of INFORM’s Petition to Intervene in four Formal Public Hearings regarding Gold Eagle Mining, Inc.’s Petition for a Declaratory Order. (Julie Murphy)

Also present: Jeff Parsons, Esq., Rich Ziegler