ENFORCE25427

• Permit No: M1979131
• IBM Index Class Name: Enforcement
• Doc Date: 5/16/1982
• Doc Name: MINUTES MLAB
• Media Type: D
• Archive: No

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t\GENDe\ i1'EPS 7 - PORI•IAL PUBLIC It1iAR].NG - _ .'9.41,OJF'r 3I V;V.LLl PAVING, Con[iaued:
It was ;0:'ED r.hat the motion be amended to say filar the civil penalty is set at
;200 if bond is received with a 30 day heriod with the need for further formal
;.ublic hearing negated if the bond is received and civil penalty is raid.
SECONDED and PASSED UvrL:I?lOUSLY.
~ ACES:DeI ITEIQ 8 - PORaAL PUBLIC HEARING - I'REU L. 1;ORI;]EK, FILE N0. 79-131
All persons :wishing to give testimony in this matter were sworn by the Chairman.
Staff presentation was made by Reclamatiot. Specialist Supervisor, Joe 'Lalkind,
regarding an S.5 acre unpermitted sand acd gravel operation in Crowle}• County.
In Aiarch of 1980 the Board approved an appLcatior: for permit but bond ~:as never
submitted. Significant environmental der.age has be-cn done. Cease and desist
order was issued to hlr. Korinclc in 1979, ~.ah~iclt wr.s lifted at rile time of. Board
approval. Fiuld inspection was made by A.ark Love on ::ovem6er 9th, 1981.
Slide presentation 4.~as made. Staff recom^cnded a $7,500 civil penalty for
operating without a permit with $6,000 to be suspended if appropriate financial
warranty is submitted prior to the June meeting and raise the financial warranty
from $2,500 to $5,000.
The ?bard heard testimony from ttr. Fred F:orinch in his o4m behalf.
Because of the involvement o` Flatiron Paving, Margaret Fainter 4rithdra:; from t'nc
3oard Ly virtue oL her employment wiCl. Flatiron.
Entire presentation can be heard on the p.:r~.~anent record, Tapes 3 @ 50 thru 4 (? 32.
It was 2;OVED that the i;oard a.~sess a $7,500 civil penalty with $6,000 to be suspended
if permit is issued cwithin 30 days with the bond amount increased from $2,500 to
$5,000. It ~:as further ?LOVED that payment of [::o ur.suspended $1,500 be deferred
for 30 drys during which time an agreement can be reached 4nta the staff oa the
outsid•_ reclamation 4ror1: to be accomplished and Chat unsuspended $1,500 to oe
reconsidered by the Eoard at the June Board `letting. SECONDED and P~.SSED 6)' a
Vote of 4 for/1 abstention ("targaret IJinCcr).
AGL•'NDA ITEM 9 -DISCUSSION I'iEAi -Possible Board approval of Financial 4arranty Fore
for use caul, Salvage Value/Salvage Credit.
FII4.4NCIAL 4:,\RR_4NTY - ~\SSURAIyCE P°0.1°C1' - l':ZLATCD ~ISTUR]?S, was presented to tha Board,
iYITP.CIIh1ENT D, Lor their consideration for approval, by the Division Director, David
Shelton.
It was `f0\'ED that tine form for Financial lJarrmtty, :lssurance Project -Related Fi:aures
be approved 4rith a correction on Page 2 third line ,`.rom 'oottom of page, change
34-32-119(4)(6) to 34-32-118(4)(6). SECONDED and PP.SSED USA.\L'dOUSLT.
FOR 171E kECO:.ll: Board Idember, :largaret hinter was not presort at fife n:ceting for
this item.