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Minutes, August 23-24, 1989 <br />PAGE 7 <br />Staff presented two Civil Penalty Worksheets and recommended the <br />operator be fined $100 per day for 21 days or 52,100 for violation of <br />Section 34-32-116(7)(h), i.e., for off-site impacts in the Phase I area <br />and 5200 per day for 21 days or $4,200 for off-site impacts concerning <br />the haul road. <br />The Board directed the operator to work with the Division, regarding <br />corrective plans, e.g., the haul road and other disturbances. <br />It was MOVED that the Board find the operator in violation of Section <br />34-34-113(Tj(g)(h)(i). SECONDED AND PASSED 3 for (Danielson, Entz and <br />Kraeger-Rovey); 2 against (O'Connor and Cooley). <br />Staff further suggested corrective actions as follows: <br />1. that the permit be modified to include the operator's affected <br />lands; <br />2. the damage to the slope (west drainage) be reclaimed, including <br />reseeding and replacement of lost trees; <br />3. operator contact a geotechnical engineer and provide the Division <br />with a completed study by the October Board meeting, regarding road <br />shoulders; <br />4, stabilize slides and erosion occurring on the road shoulders, i.e., <br />reseed and replace trees and <br />5. provide an appropriate bond. <br />Staff recommended that no Cease and Desist Order be initiated for the <br />rock slide and the haul road. <br />It was MOVED that the Board not issue a Cease and Desist Order and <br />approve~a~f's recommendations. SECONDED AND PASSED 4 for (Danielson, <br />O'Connor, Entz and Kraeger-Rovey); 1 against (Cooley). <br />It was MOVED that the Board issue Civil Penalties at a rate of 5150 per <br />day for~T3ays or 53,150 by the October Board Meeting, with all but <br />51,000 being susupended, if corrective actions are met. SECONDED AND <br />PASSED 4 for (Danielson, O'Connor, Entz and Kraeger-Rovey); 1 against <br />(Cooley). <br />11. FORMAL PUBLIC HEARING <br />AS L IJY File No. M-77-210 <br />P. 0. Box 2379 <br />Colorado Springs, CO 80901 <br />Sec. 32, T13S, R67W, E1 Paso County, 8.36 acres. Consideration of 1112 <br />limestone quarry amendment. <br />It was MOVED that the Board continue this Item to the October Board <br />Meeting-SECONDED AND PASSED 3 for (Danielson, O'Connor and Entz); 2 <br />against (Kraeger-Rovey and Cooley). <br />