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~', ~ _ _ ~iV MLRB Sarnmarv o(Minures Oc~o6er 18. ?~ III IIIIIIIII IIII III • ~ Staff Presentation by Christina Kamn~kar: sss • 6. Formal Public Hearing STEVE BARRY .. File No. M-1999-103 Diamond B Ranch P. O. Box 201 Georgetown, CO 80444 Clear Creek County, Sec. 33, T3S, R74W, 6'h P.M., 8.7 acres, open 110 moss rock; Diamond B Ranch site. Consideration of a petition for reconsideration of the Division's approval of a 110 application. Clear Creek County was appealing the Division's decision to approve the permit application. The Board removed a condition from the permit that was instituted by the Division during permit approval. In lieu of the deleted condition, the Attorney General will forward a letter to Clear Creek County and the operator, which states the requirements of state statutes related to compliance with local laws, rules and regulations, as well as clazifyingjurisdictional issues. 7. Formal Public Hearing MASONVILLE STONE ... File No. M-1986-007 Glenn Southwick P. O. Box l 103 Wellington, CO 80549 Larimer County, Sec. 16, T6N, R70W, 6'h P.M., 2.5 acres, open 110 gravel and stone; Masonville Stone site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for causing disturbance outside of the approved permit area (continued from the September 2000 Board Meeting). The Board found the operator in violation for failure to protect areas outside affected land from slid'-es~or d-arrtage occurring during the mining operation or reclamation, issued a cease and_ desist order for the areas outside the resent ermit boundary until such time as the operator amen s the reclamation permit to include the extended site disturbance. The Board ordered the operator and/or landowner to file an amendment by November 20, 2000, complete said application within 30 days if the application is a 110 permit amendment, within 90 days if it is a 112 permit conversion without objections, and within 120 days if it is a 112 permit conversion which receives objections; post adequate financial warranty to issue a permit application within 30 days after approval of the application; and post an interim reclamation bond in the amount of $2,000 by November 20, 2000. The Board assessed a civil penalty in the amount of $9,300, with all but $500 to be waived, if the time frames in the above order are met. ~`