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;~ <br />4 <br />21. FORMAL PUBLIC HEARING <br />COLORADO DIVISION HAZARDOUS <br />MATERIALS & WASTE MANAGEMENT File No. NA <br />The Board issued the Declaratory Order for the three sites, as <br />requested, stating that permits would not be required for this <br />project. The Board clarified that the necessary permits must <br />be obtained, in order to import additional fill material from <br />off-site. <br />22. DISCUSSION ITEM <br />MOUNTAIN GRAVEL & CONSTRUCTION CO. File No. M-94-026 <br />The Division requested designation of a pre-hearing conference <br />officer to hear objections to a 112 permit, prior to the <br />matter being presented at a formal Board hearing. Staff said <br />the Division held an informal conference in Dolores, Colorado <br />on June 16, 1994, and that, subsequently, no objections have <br />been withdrawn. <br />Staff said the pre-hearing conference would be held at the <br />community center in Dolores. Board Member Jouflas was <br />nominated to serve as the representative for the Board for the <br />pre-hearing conference, and Board Member Cooley was nominated <br />as an alternate. <br />23. FORMAL PUBLIC HEARING <br />BENT COUNTY READY-MIX File No. M-86-112 <br />The Board assessed a civil penalty of $2,500 and allowed the <br />operator until the Rugust 1994 Board Meeting to file an <br />amendment application. The Board stated that if the operator <br />filed the application in a timely manner, $2,250 of the civil <br />penalty would be waived and, should the application not be <br />received by the deadline, the operator would be required to <br />file a new 112 permit application, and the entire civil <br />penalty will be stand. <br />24. DISCUSSION ITEM <br />MRS. DELORES C. TORRES File No. M-94-024 <br />The Board stated that an agreement establishing an acceptable <br />reclamation plan would need to be negotiated among Las Animas <br />County, the landowners, the operator and the Division. They <br />said the plan could then be presented to the Board for <br />consideration. <br />25. FORMAL PUBLIC HEARING <br />L. OTTO GOEMMER File No. M-82-129 <br />The Board modified the cease and desist order to require <br />approval of the amendment application within 90 days of <br />submittal. <br />, <br />The Board assessed civil penalties in the amount of $5,000, <br />stated that $4,500 would be suspended, contingent upon meeting <br />