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. _~. -^ <br />MINI!TES, JULY, 1985 PAGE 16 <br />39. Ah1ERICAN FUELS, INC. (Continued): <br />Mr. Ray Wiley representing American Fuels was present and addressed the <br />Board relative to circumstances that lead to the violations. <br />Attorney General's Office, Mr. Hykan recommended that the Board suspend <br />the permit for 30 days, order payment of civil penalties, submit the <br />correct amount of bond, commence reclamation, and that the staff report <br />back to the Board in 30 days. Mr. Hykan recommended that if those <br />actions aren't taken in that 30 days that the Board could then order <br />revocation of the permit and forfeiture of the existing bond. <br />After considerable discussion with the operator relative to the payment <br />of civil penalties, submittal of additional bond and commencement of <br />reclamation work at the site within the next 30 days, it was MOVED that <br />the Board suspend the permit for thirty (30) days and continue <br />Formal Public Hearing to the August Board Meeting for review of the <br />entire situation again at :.:.at time. SECONDED and PASSED UNANIMOUSLY <br />(Holder, Hullinghorst, Campbell and Winter). <br />Staff Presentation by Peter O'Connor: <br />40. FORMAL PUBLIC HEARING <br />CHRIS JOUFLAS File No. N/A <br />319 So. Belaire Driver <br />Grand Junction, Colorado 81501 <br />All persons wishing to present testimony were sworn. <br />Sec. 14, T4S, R83W, Eagle County, 5 acres. Reconsideration of civil <br />penalty. In April, 1985, the Board found a violation for mining without <br />a permit and issued a cease and desist order. In May, 1985, the Board <br />assessed a civil penalty of $1,300 based on 13 days of violation from <br />April 11 inspection to the April 24 cease and desist. The Board also <br />stipulated that $600 would be suspended if a 110 permit were issued ten <br />days after the July Board Meeting. No civil penalties have been paid to <br />date due to the request for reconsideration. A 110 application has been <br />submitted but is incomplete. Staff presented ATTACHMENT R, letter dated <br />July 18, 1985, to the Board from Chris Jouflas. Slides were shown. <br />Mr. Chris Jouflas was present and addressed the Board relative to his <br />understanding that the site was permitted by Schmidt-Tiago Construction <br />when, in fact, that permit was under a cease and desist order for not <br />reclaiming the site in a timely manner. <br />It was MOVED that the Board reconsider the civil penalty previously <br />assessed to 7 days of violation at $50 per day, for a total of $350, and <br />suspend all but $100 if the 110 permit application is approved by the <br />August Board Meeting. SECONDED and PASSED UNANIMOUSLY. <br />