Case
File Name: IN THE MATTER OF APPEAL OF:APPROVAL OF AMENDMENT TO LIMITED MINING OPERATION, PEAK GRAVEL, ET0961, T
EQC Docket Number: 24-4801
Date Opened: 8/30/2024
AG Attorney: Gregory Weisz
Prevailing Party:
Date of Disposition:
Date File Closed:
Archive Date:
Archive Box:
City: Wheatland
County: Platte
DEQ File Number: TFN 7 6/211
Division: Land Quality
Case type: Non-Permit Holder Appeal
Hearing Examiner: JD Radakovich
Summary: The Administrator of the Wyoming Department of Environmental Quality, Land Quality Division, executed an "Approval of Amendment to Limited Mining Operation, Peak Gravel, ET0961, TFN 7 6/211," (hereinafter, "Permit Approval") dated August 5, 2024. By the Permit Approval, the Administrator approved "the amendment of 5 acres in the SW1/4SW1/4 Section 30, T24N, R68W, in Platte County ... for a total of 15 acres" and accepted a reclamation performance bond, relating to Permit ET0961. Petitioner is stating that the operator under Permit ET0961 previously violated the provisions of the EQA and was issued NOVs by the DEQ. The owner and DEQ ignored a Settlement Agreement and Consent Order for NOV 3500-03 condition #4 "Tyler Dodge agrees not to disturb any additional land, after reclaiming the disturbed area to ten(10) acres, for the duration of his mining operation and/or the life of his permit, whichever period is longer."
Hearing
TitleWhenLocation
Scheduling Conference10/1/2024 10:00:00 AMOct. 1st, 2024 EQC Meeting and Scheduling Hearing Tuesday, October 1 · 9:00am – 12:00pm Time zone: America/Denver Google Meet joining info Video call link: https://meet.google.com/sgj-mcuo-sfm Or dial: ?(US) +1 475-221-6266? PIN: ?949 546 056?# More phone numbers: https://tel.meet/sgj-mcuo-sfm?pin=1769097081774
Docket 24-48011/15/2025 9:00:00 AMHathaway Building, Room 124, 2300 Capitol Ave, Cheyenne, WY Video Link Video call link: https://meet.google.com/twz-xbks-gjc Or dial: ?(US) +1 650-457-1245? PIN: ?985 463 553?# More phone numbers: https://tel.meet/twz-xbks-gjc?pin=5181680551793
Docket 24-4801 Prehearing Conference 1/8/2025 10:00:00 AMGoogle Meet joining info Video call link: https://meet.google.com/yqy-kyym-gmk Or dial: ?(US) +1 518-531-6858? PIN: ?239 146 948?# More phone numbers: https://tel.meet/yqy-kyym-gmk?pin=5592394386804
Docket 24-4801 Dispositive Motion Hearing12/18/2024 10:00:00 AMGoogle Meet joining info Video call link: https://meet.google.com/see-mxcn-txd Or dial: ?(US) +1 612-326-6634? PIN: ?492 045 966?# More phone numbers: https://tel.meet/see-mxcn-txd?pin=4068960860006

Documents

 ViewDateTitleFiled ByDocument TypeStatus
9/3/2024Appeal of Approval of Amendment to Limited Mining Operation, Peak Gravel, ET0961, TFN 7 6/211(Removed)Joe GirardinPleadingRemoved
9/3/2024Appeal of Approval of Amendment to Limited Mining Operation, Peak Gravel, ET0961, TFN 7 6/211Joe GirardinPleadingAccepted
9/3/2024Exhibit 1Joe GirardinPleading ExhibitAccepted
9/3/2024Exhibit 2Joe GirardinPleading ExhibitAccepted
9/10/2024Entry of AppearanceGregory WeiszPleadingAccepted
9/10/2024Order Setting Scheduling ConferenceKellie DoranOrderAccepted
9/10/2024Gregory Weisz agreed to receive service by emailGregory WeiszEmail Service AgreementAccepted
9/10/2024Certificate of ServiceKellie DoranCertificate of ServiceAccepted
9/27/2024Motion to Correct Characterization of Limited Mining Operation Notification ET0961, TFN 7 6/211Gregory WeiszPleadingAccepted
9/27/2024Affidavit of Kyle WendtlandGregory WeiszPleading AffidavitAccepted
9/27/2024Affidavit of Todd Parfitt(Removed)Gregory WeiszPleading AffidavitRemoved
9/27/2024Motion to Dismiss for Want of Subject Matter JurisdictionGregory WeiszPleadingAccepted
9/27/2024Affidavit of Todd ParfittGregory WeiszPleading AffidavitAccepted
10/9/2024Order Setting Prehearing Conference, Final Hearing, and Requiring DisclosureKellie DoranOrderAccepted
10/9/2024Certificate of ServiceKellie DoranCertificate of ServiceAccepted
10/15/2024Response to Motion to Dismiss for Want of Subject Matter JurisdictionKenna BlaneyPleadingAccepted
10/15/2024Motion to Strike AffidavitsKenna BlaneyPleadingAccepted
10/15/2024Kenna Blaney agreed to receive service by emailKenna BlaneyEmail Service AgreementAccepted
10/30/2024Response to "Motion to Strike Affidavits"Gregory WeiszPleadingAccepted
10/30/2024Reply to "Response to Motion to Dismiss for Want of Subject Matter Jurisdiction"Gregory WeiszPleadingAccepted
11/13/2024List of WitnessesGregory WeiszPleadingAccepted
11/20/2024Petitioners Motion for Summary JudgmentKenna BlaneyPleadingAccepted

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