MINED LAND RECLAMATION BOARD MEETING FINAL AGENDA WEDNESDAY, JANUARY 23, 2019 The Board Meeting was called to order at approximately 9:00 a.m. on Wednesday, January 23, 2019, at 1313 Sherman Street, Room 318, Denver, Colorado. The following members were present: Lauren Duncan-Chair, Jill Van Noord, Forrest Luke, Tom Brubaker, John Singletary, and Dan Gibbs. Karin Utterback-Normann was present by telephone. The following people were present for the Division of Reclamation Mining and Safety: Ginny Brannon, Russ Means, and Camille Mojar. Chuck Kooyman, Esq., of the Attorney General s Office was present representing the Board. Jeff Fugate, Esq., and Scott Schultz, Esq., of the Attorney General s Office were present representing the Division. Also present was Petina Falk, Registered Professional Reporter. 1. Approval of the December 2018 Summary of Minutes: By unanimous vote, the Board approved the December 2018 minutes as submitted. 2. Approval of Continuances and Withdrawals: By unanimous vote, the Board approved the Withdrawals as submitted. There were no Continuances. 3. Executive Director s Report: a) Introduction: Mr. Gibbs introduced himself to the Board members as the new Executive Director for the Department of Natural Resources and gave a brief description of his background. Division Director s Report: a) Inspection Frequency: Ms. Brannon said the Division has implemented a once-a-month inspection schedule for the larger designated mining operations with a team from the Division. b) Wally Erickson: Ms. Brannon said Mr. Erickson announced his retirement from the Division, and he will be attending the April 2019 Board meeting with a farewell reception to follow. 4. Consent Agenda A. Consent Agenda Juliet Moores Elk Creek Sand and Gravel, LLC PO Box 416 Conifer CO 80433 File No. M-1978-208 Jefferson County: Section 32, T6S, R71W, 6 th P.M., 9.90 acres, Aggregate, Schaffers Crossing. Consideration of operator s request for permit reinstate. (Eric Scott)
MLRB Summary of Minutes Wednesday, January 23, 2019 Page 2 B. Consent Agenda Resurrection Mining Company 6363 South Fiddler Green Circle Greenwood Village, Colorado 80111 File No. M-2008-083 Huerfano County: Section 33, T9S, R79W, 6 th P.M., 6.40 acres, 112(d-2), Black Cloud Mine. Annual Report on Reclamation Progress and Monitoring per Consent Decree (Russ Means/Allen Sorenson) C. Consent Agenda Justin Raglin Cripple Creek & Victor Gold Mining Company P.O. Box 191 Victor, CO 80860 File No. M-2012-052 PREVIOUSLY ITEM #9 Teller County: Section 18, T15S, R69W, 6 th P.M., 9.93 acres, 110(d), Gold and Silver, Providence Mine. Consideration for the first five-year period of Temporary Cessation TC-01. (Elliott Russell) By unanimous vote, the Board approved the Consent Agenda. 5. Enforcement Hearing Superior Oilfield Services Co., LTD 2986 W 29th Street #12-13 Greeley CO 80630 File No. M-2012-004 Weld County: Section 22, T12N, R63W, 6 th P.M., 12.50 acres, Aggregate, North Star Pit. Consideration of violation for failure to obtain a permit prior to engaging in a new mining operation. (off-site disturbance in excess of 2 acres). Also present: Eric Scott By unanimous vote, the Board found the operator in violation for failure to first obtain a reclamation permit from the Board or Office before engaging in a new mining operation as required. The Board order the operator to submit to the Division a permit amendment, complete for filing purposes, within 90 days of the mailing date of the signed Board order and obtain approval of the application within statutory deadlines. The permit amendment shall address, at a minimum, incorporation into the reclamation permit of all currently affected areas. The Board issued a cease and desist order prohibiting any further activity on lands outside of the approved affected land boundary, with the exception of environmental maintenance, reclamation, or corrective actions, until the violation has been resolved to the satisfaction of the Division and the Board. Further, the Board assessed a civil penalty for fifty-one (51) days of violation at $1,000.00 per day plus $793.00, based on 14 hours of staff time at $56.64 per hour, for a total civil penalty of
MLRB Summary of Minutes Wednesday, January 23, 2019 Page 3 $51,793.00 with all but $5,793.00 of the civil penalty suspended if the operator complies with the corrective action by the deadline specified. Payment of the unsuspended portion of the civil penalty shall be due and payable within thirty (30) days of the effective date of the Board order, unless otherwise specified in the Board order. Where corrective actions are not completed by the corrective action date specified in the Board order, the suspended civil penalties shall be due and payable in full within 30 days of the Board-ordered deadline for completion of the corrective action. Failure to timely submit any due and unpaid civil penalties shall result in immediate submittal of such penalties to State collections. 6. Enforcement Hearing Dan Collins Collins Moorehead, LLC 1417 South Grandview Drive Tempe, AZ 85281 File No. M-1986-102 San Miguel County: Section 25, T43N, R10W, 10 th P.M., 2.00 acres, Limestone, Deep Creek Placer. Consideration of permit revocation, and finding the financial warranty subject to forfeiture for failure to submit the 2018 Annual Report, Map, and Fee. The item was withdrawn. 7. Enforcement Hearing Anthony Blasi Diamond B Enterprises, LLC 38043 CR 32.4 Trinidad, Colorado 81082 File No. M-1995-039 Las Animas County: Section 26, T32S, R63W 6 th P.M., 55.30 acres, Sand and Gravel, 112(c), Blasi Gravel Pit. Re-confirm the Board s previous determination that the Financial Warranty should be forfeited pursuant to C.R.S. 34-32.5-118(3)(a). Also present: Jared Ebert By unanimous vote, the Board confirmed the determination that the financial warranty, a $4,000 cash bond, should be forfeited and ordered the staff to issue a written findings (sic) and conclusion of law to support its decision and issue an order directing affected financial warrantors to immediately deliver to the Board all amounts warranted by applicable financial warranties. 8. Enforcement Hearing Gary Gardiner Max Gravel, LLC. 34235 CR 31 Peetz, CO 80747 File No. M-2005-023 Logan County: Section 17, T11N, R52W, 6 th P.M., 9.99 acres, Sand and Gravel, Dallegge Pit #1. Consideration of forfeiture of financial warranty.
MLRB Summary of Minutes Wednesday, January 23, 2019 Page 4 9. Enforcement Hearing Justin Raglin Cripple Creek & Victor Gold Mining Company P.O. Box 191 Victor, CO 80860 File No. M-2012-052 MOVED TO CONSENT Teller County: Section 18, T15S, R69W, 6 th P.M., 9.93 acres, 110(d), Gold and Silver, Providence Mine. Consideration for the first five-year period of Temporary Cessation TC-01. (Elliott Russell) This item was moved to the Consent Agenda. 10. Enforcement Hearing Gregory Larson 14977 Co. Rd. 97 File No. M-2007-012 Phillips County: Section 34, T7N, R47W, 6th P.M., 68.00 acres, Gravel, Sand and Clay, Larson Pit. Consideration of violation, civil penalty, cease and desist order, correction actions, permit 11. Enforcement Hearing Mike L. Koellner dba L&L Ready Mix 810 South Colorado P.O. Box 218 File No. M-2013-015 Phillips County: Section 22, T7N, R47W, 6 th P.M., 9.90 acres, 110(c), Gravel, Lindsey Pit. Consideration of violation, civil penalty, cease and desist order, correction actions, permit 12. Enforcement Hearing Laurine Koellner L & L Ready Mix P.O. Box 218 File No. M-1998-059 Phillips County: Section 14, T7N, R46W, 6 th P.M., 45.00 acres, 112(c), Gravel, Sunny Dale Farm Pit. Consideration of violation, civil penalty, cease and desist order, correction actions, permit
MLRB Summary of Minutes Wednesday, January 23, 2019 Page 5 13. Discussion Item Discussion of Coal and Hard Rock Reclamation Awards and the Jim Pendleton Award. Also present: Jason Musick Mr. Musick informed the Board of the following award recipients for the Coal and Hard Rock Reclamation Awards: Trapper Mining, Inc., for developed or continued substantial community partnerships; CAM Mining, LLC, Munger Canyon Mine, for excellence in Phase III bond release; Tri-State Generation and Transmission Association, LLC, New Horizon Mine, which overcame a unique challenge; Mountain Coal Company, LLC, West Elk Mine, for developed or continued substantial community partnerships. The recipient of the Jim Pendleton Award will be William Bear. 14. Discussion Item General Discussion on Rule Making process for Construction Materials and Hard Rock / Metals updates and editorial changes. Also present: Russ Means The Board was updated on the progress of the rule-making process. Mr. Means said the informal stakeholder process has gone live on the Division s website allowing comments to be submitted online. He said there are currently two stakeholder meetings scheduled, the first on February 7 in Grand Junction and the second on February 13 in Denver. Mr. Means said the Division will then determine if further stakeholder meetings are necessary. 15. Public Comment No members of the public wished to comment. 16. Executive Session No executive session was held. Approved by the Board this 6 th day of March, 2019. Lauren Duncan, Chair