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Minutes, August 23-24, 1989 <br />PAGE 4 <br />Staff recommended the Board: 1)find the operator in violation for <br />mining without a permit and 2) not issue a Cease and Desist Order, <br />because the operator is currently in the process of reclaiming areas he <br />does not intend to operate. <br />Corrective action would be: 1) to update the existing permit to <br />include new areas of disturbances and 2) to submit a financial warranty <br />i n the amount of 51 ,200. <br />It was MOVED that the Board find the operator in violation for mining <br />without a permit and issue a Civil Penalty in the amount of 53,000, of <br />which all but 5300 would be suspended, if an adequate financial <br />warranty in the amount of 51,200 has been submitted within the next 30 <br />days; in the event the operator does not comply with this order, the <br />full $3,000 would be due and payable at that time. If the operator <br />submits a financial warranty in the amount of 51,200, he would have the <br />option to either pay the 5300 unsuspended Civil Penalty or, in lieu of <br />paying the 5300, he could, in cooperation and working with the MLRD, <br />select an area in the nearby vicinity that he does not own or have a <br />financial interest in to conduct some other reclamation activities, <br />with this work being completed within 60 days of today. SECONDED AND <br />PASSED UNANIMOUSLY (Danielson, O'Connor, Entz, Kraeger-Rovey and <br />Cooley) . <br />7. WESTERN-MOBILE, INC. <br />(formerly Flatiron Sand and Gravel) File No. M-81-302 <br />P. 0. Box 21588 <br />Denver, CO 80221 <br />Sec. 16, T1 S, R70W, Boulder County, 169-acre surface sand and gravel. <br />Consideration of amendment application to enlarge mine to 191 acres. <br />Continuance, to allow the operator more time to address the Division's <br />adequacy concerns. <br />8. C. E. MILLS CONSTRUCTION COMPANY File No. N/A <br />P. 0. Box 819 <br />Montrose, CO 81401 <br />Sec. 16, T45N, RSW, Ouray County, 6 acres, surface gravel mine. <br />Consideration of possible Notice of Intent and civil penalties for <br />mining without a permit. <br />The operator was present and agreed to waive his 20-day notice period <br />to allow the Board to hold a Formal Public Hearing today, regarding <br />this issue. <br />All individuals wishing to give testimony were sworn. <br />Staff presented information that on August 16, 1989, a representative <br />of the Corps of Engineers' Grand Junction office notified the Division <br />of a complaint by a citizen, relating to this gravel operation near <br />Ridgway, Colorado. On August 18, 1989, Staff inspected the site. <br />