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[Minutes-Octuber?I. 1998 Pace 45 <br />COHAN: It seems like [here's at least one precedent probably several more for thts very thing. It <br />~ certainl raises m com ort level when eo le difigend <br />y y p p p y. you know, pursue the tasks they've been asked <br />to comply with, and so it's now a formality of the required time periods For processing the amendment. <br />PAULIN: I can tell you that, you know, my comments at [he Iasi meeting looked like It was <br />Avery Structures that ought to be here, and they've gotten all of that taken care of. Avery Structures, <br />RCC. Paul Moltz, all one in the same over the years that I've been around Buena Vista, and they been <br />good, upstanding citizens on the part of the community, and I think we ought to allow it. 1 know its a <br />stretch of the imagination, but I think [hat we should let them -- <br />COHAN: It's not the first time. We're not stretching the imagination. <br />PAULIN: Right. ^andbelow I would make that motion that we remove the cease and desist to let <br />them operate in the area that has already been disturbed. <br />JAVERNICK: And no more. <br />PAULIN: And no more. <br />COHAN: I will second it. <br />LONG: This isn't testimony, but I would ask that you include in that board order that based on <br />additional information you agree to reconsider this and based on that reconsideration this is what you're <br />going to do. y~ <br />PAULIN: ^^14 based on the information presented, we decided to reconsider the board decision <br />on the Avery Pit M-79-010, and as a result of that further discussions, this is the decision we've reached <br />^see above. <br />LONG: Right. <br />COHAN: Second. <br />JAVERNICK: Any more discussion'? All in favor. <br />THE BOARD: Aye. <br />JAVERNICK: Mr. Murphy, you understand that you cannot disturb any more land then that's <br />already been disturbed? <br />MURPHY: Yes. <br />DILLIE: And the limits of the existing disturbance is marked so we can go out and see if there is <br />any additional disturbance. <br />PAULIN: Between now and freeze down they won't get anything disturbed anyway, and it may <br />keep them in business. <br />MURPHY: Thank you. <br />1AVERMCK: item Number I5, formal public hearing Snowstorm Sand and Gravel, File <br />Number M-83-084. All these wishing to testify in this matter please rise. <br />(Sworn.) <br />JAVERNICK: Mr. Dillie, you may proceed. <br />DILLIE: My name's Jim Dillie. I'm with the division staff. This is a formal public heazing <br />involving Snowstorm Sand and Gravel, Permit Number M-83-084. This is consideration of the <br />division's recommendation for approval of a permit amendment application over objections. <br />And I think the first order of business here is For Mr. Cohan, who was the prehearing conference <br />officer, to present [he draft hearing order to the board For their approval or denial. <br />JAVERNICK: Thank you. <br />COHAN: Mr. Chairman, members of board, it is my pleasure to present the draft hearing order in <br />the matter of Snowstorm Sand and Gravel, LLC. Permit Number M-83-084 in the approval of a 112 <br />amendment application. <br />The prehearing conference was held November 12, 1998 in Fairplay, Colorado, and the applicant <br />and his representative appeared there. No objectors were present. Referring to the third page, paragraph <br />2, you'll see a long list of individuals who appeared at the informal conference and who submitted <br />objections, comments and concerns and were interested parties. <br />Again, as I said, none of them appeared at the prehearing conference, and it is my understandins. <br />Iim, that a number of these have filed written letters of withdrawal. <br />DILLIE: That's correct, yes. I I out of the 12 objectors. <br />COHAN: Who do we have left'? <br />DILLIE: Desmond B. Henry. <br />COHAN: Out of all of the 16, 18 or so Desmond B. Henry of Littleton, Colorado is the sole <br />