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•RAFT < Minutes. June 2E. - 27, 1991 Subject To Board Approval 2a Staff presented EXHIBIT A - a package containing a presentation form, a March 22, 1991, a er o the operator from the Division of Water Resources;, a map drawn of the pit area, a December 15, 1990, letter requesting the amendment and a letter from Mr. Conrad Bower received by the Division on February 21, 1991. The Division received an objection to this amendment from Mr. Conrad Bower. The Division has not been able to c:crntact Mr. Bower by telephone; it is no longer in service, and he was noticed of this hearing by mail. The Division reconmended that this permit be approved with 2 conditions: 1) river banks of overflow channels within the permit area must be s;l;able prior to financial warranty release and 2) within 60 days of e~pproval, the operator must submit verification of filing for a water right or substitute water supply plan or submit an alternative reclamation plan. It was MOVED that the Board approve this application for amendment. SECONDEIS11A6 PASSED UNANIMOUSLY (Jouflas, Danielson, Cooley and Cattany) .. Staff Presentation by Bruce Humphries: 29. FORMAL PIIEiLIC HEARING Ald'RT~AtTll7litl`TIIAEiFA1=5 File No. M-84-194 P. 0. Box 202 Victor, (:0 All persons wishing to give testimony were sworn, Sec. 29, T15S, R67W, 6th P.M., Teller County, 11,2 acres. Reconsider Board's issuance of a cease and desist order and a NOV and the assessment of civil penalties at the April 1991 Board Meeting. At the Division's reconmendation the Board, at the June 1991 Board Meeting, granted the operator's request for reconsideration of this matter. :itaff presented EXHIBIT A - a package of information, including a June 14, 1991, inspection report, a cease and desist order, correcti~re actions and Findings of Fact. EXHIBIT B - slides of the site werc~ shown and violations discussed. The Division conducted an inspection on March 8, 1991. It was determined that solution was found running off the edge of the liner the base of the heap, 2 ice jams small damn had been placed in the pond and 'the emergency pond. The filled to the top of the damn, an was not a part of the approved pl spring snow-melt, if a breech occ possible violations and correctiv were blocking the collection ditch, spillway between the lower barren lower barren pond was completely d the pond was iced over. The damn an and could cause problems during urs. Staff discussed the list of. at e actions from the inspection report. Staff referenced Minutes from the April, May and June 1991 Board Meetings. A memo in the file was referenced in which Staff noted telephones conversation with Mr. Howard Cleff, of American Rare