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Minutes, June 24-25, 1992 ~ <br />~ DRA~~T <br />Subject To Board Approval <br />Staff Presentation by William C. York-Feirn: <br />FORMAL PUBLIC HEARING <br />MOFFAT LIMESTONE COMPANY <br />P. 0. Box 435 <br />Durango, CO 81302 <br />All persons wishing to give testimony were sworn. <br />III Illllllllllll Ill <br />Secs. 3 and 15, T6N, R95W, 6th P.M., Moffat County, 7 acres; 110(2) <br />surface limestone quarry. Consideration of the civic penalty <br />associated with NOV M-92-012 issued on February 26, 1992 for mining <br />outside the permit boundaries (continued from the May 1992 Board <br />Meeting). <br />Staff said that although the operator had complied with all corrective <br />actions in a timely manner, the financial warranty had not been <br />submitted by the May 1992 Board Meeting. Staff said the operator has <br />now submitted a financial warranty, but it has been deemed incomplete, <br />because it had bean issued without a letter of credit number and for <br />the incorrect amount. Staff said the operator is in the process of <br />completing corrections to the financial warranty. <br />The Division's original recommendation regarding a civil penalty was <br />for $150 per day for 60 days or 59,000. However, Staff said the <br />Division's request; today would be that the Board suspend a substantial <br />portion of the civil penalty for completing the corrective actions in a <br />timely manner. <br />It was MOVED that the Board impose a deadline of a week from today's <br />Meeting or to July 1, 1992, for the Division's acceptance of a correct <br />financial surety, and if the deadline is met, suspend $8,000 of the <br />civil penalty leaving a $1,000 civil penalty due. SECONDED AND PASSED <br />UNANIMOUSLY (Kraitger-Rovey, Jouflas, Stewart, Danielson, Danni and <br />Cattany); Cooley not present for the vote. <br />Staff Presentation bV Carl Mount: <br />FORMAL PUBLIC NEARING <br />MR. TODD SMITH File No. M-91-II9 <br />KIEWIT WESTERN COMPANY <br />7926 South Platte Canyon Road <br />Littleton, CO 80123 <br />All persons wishing to give testimony were sworn. <br />Sec. 35, T7N, R90W, 6th P.M., Moffat County, 10 acres; 111 sand and <br />gravel operation. Consideration of possible notice of violation, cease <br />and desist order, corrective actions and civic penalties for mining <br />outside the permit area and within 200 feet of man-made structures. <br />Staff said this operation is located 4 miles east of Craig on Highway <br />40. On June lb, 1992 the Division received information through an <br />