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iii iiiiiiiiiiiu iii , • <br />Minutes, October 18, 1989 <br />10. FORMAL PUBLIC NEARING <br />N NY File No. M-77-210 <br />P. 0. Box 2379 <br />Colorado Springs, CO 80901 <br />All persons wishing to give testimony were sworn. <br />PAGE 7 <br />Sec. 32, T13S, R67W, E1 Paso County, 8.36 acres; 112 limestone quarry. <br />Consideration of amendment to 112 permit. <br />Staff related that this Issue had been continued from the August Board <br />Meeting by the Board. At that time, the company had been found in <br />violation, and, under those conditions a permit could not be issued. <br />The company has been working with the Division to rectify the violation <br />and has submitted plans regarding sediment control, a slide area and a <br />band. <br />At this time, the Division would not recommend that corrective actions <br />have been entirely complied with by the operator. Staff recommended <br />the Board Order be modified, in order to allow the company ample time <br />to comply with corrective actions. A plan and schedule would be <br />approved by the Division, if the Order is modified. <br />The company submitted a second r4otion to the Board, EXHIBIT A, in which <br />~ they requested a continuance, regarding their applica ion or an <br />amendment. <br />Staff recommended the Board continue this Item, until the operator has <br />resolved violations and has complied with all corrective actions. <br />Mr. Scott Briggs, an attorney representing the company, discussed the <br />company's request fora continuance, payment of the 51,000 Civil <br />Penalty and their reclamation plan. He asked the Board to determine <br />that the company is eligible fora continuance and to defer permit <br />consideration. <br />Mr. George Rosenburg addressed the Board on behalf of the Mansfield <br />Development Corporation with regard to reclamation and bond. <br />Mr. Martin Nussbaum discussed the company's motion fora continuance, <br />as well as the violation and asked the Board not to grant a continuance. <br />Mr. Greg Nagel suggested scheduling a joint meeting be with the <br />Division, the company and objectors. <br />It was MOPED that the Board grant the company's motion for a <br />continuance, and the Issue was continued to the December Board <br />Meeting. SECONDED AND PASSED UNANIMOUSLY (O'Connor, Kraeger-Rovey, <br />Donald, Jouflas, Entz and Cooley). <br /> <br />