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Minutes, August 23-24, 1989 <br />PAGE 10 <br />Staff inspected the site on April 19, and on July 14, 1989. The April <br />19th report identified June 15th as the date to finish regrading of the <br />site. During the July 14 inspection Staff found, as a violation of <br />performance standards, that the operator did not regrade to <br />specifications. Because the work was not done by June 15, 1989, Staff <br />considers this a violation for failure to follow the reclamation plan <br />and failure to protect areas from the potential for off-site damage due <br />to erosion. The Reason to Believe letter was sent on August 3, 1989. <br />Staff presented ATTACHMENT N - a Civil Penalties Worksheet--recommended <br />the Board find t e opera or in violation for failure to comply with the <br />reclamation plan and for failure to protect off-site areas from <br />potential damage; issue a Cease and Desist Order, Corrective Actions <br />and the issuance of a Civil Penalty for E6 ,000 for 60 days' duration at <br />5100 per day. The Bond for this site is 51,000, which Staff said would <br />be sufficient to perform the regrading and revegetation of the <br />regraded area. Staff answered questions from the Board. <br />Mr. Lora Parks Diamon, an adjacent landowner, was present and read a <br />statement to the Board. She also showed snapshots, newpaper ads, to <br />the Board. <br />It was tdOVED that the Board adopt Staff recommendations, including the <br />issuance ~a Notice of Violation, a Cease and Desist Order, corrective <br />action and impose a Civil Penalty in the amount of 56,000. SECONDED <br />AND PASSED UNANIMOUSLY (Danielson, O'Connor, Donald, Kraeger-Rovey and <br />Cooley). <br />15. FORMAL PUBLIC HEARING <br />L R K R GOLD MINING COMPANY File No. M-89-060 <br />5932 McIntyre Street <br />Golden, CO 80403 <br />All individuals wishing to give testimony were sworn. <br />SW 1/4, SW 1/4, Sec. 19, T15S, R69W, 6th P.M., Teller County, 8.9 <br />acres. Consideration of possible notice of violation, cease and desist <br />order, corrective actions and civil penalties for mining without a <br />permit. <br />Staff asked that the Board consider this Item, i.e., the Upper Mary <br />McKinney Mine, along with Item #16, which concerns the Hull <br />City/Sacramento site, because of the similarity of the cases. Since <br />there was no objection from the company, regarding this consideration, <br />the Board agreed to Staff's request. <br />In giving a brief history of this situation, Staff related that both of <br />these 110 permits were submitted on May 19, 1989. The company <br />requested a waiver of their right to a decision by the 30-day <br />deadline. The permits were approved by the Division on July 14, with <br />one condition which applied to the Mary McKinney permit that an <br />adjacent landowner be notified. The Division received correspondence <br />