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i - T- <br />i <br />Minutes, August 26-27, 1987 PAGE 3 <br />Staff recommendation: <br />1: The Board found a violation at the May meeting for fai]ure to <br />minimize the disturbance to the prevailing hydrologic balance. <br />2. All corrective action specified in the April 14, 1987 inspection <br />report has been implemented. This was verified by an inspection <br />on June 8, 1987. <br />3. Civil Penalty: Due to the willingness of the operator to quickly <br />correct these problems, staff recommends a suspension of a portion <br />of the civil penalties. <br />Mr: Don Rapp, representing C&C Sand Company, was present and addressed <br />the Board regarding the expedient manner in which corrective action was <br />taken. <br />It was MOVED that the Board assess civil penalties in the amount of <br />E200,00 per day in the amount of 21 days of violation totaling <br />b4,200.00, suspending 80% for the timely manner of compliance, leaving <br />5840.00 due in civil penalties, SECONDED AND PASSED 3 for (Holder, <br />Forniwalt and O'Connor), 1 opposed (Winter), <br />9: FORMAL PUBLIC HEARING <br />ANDERSON CONSTRUCTION COMPANY File No. M-80-086 <br />P. O: Box 509 <br />Fountain, Colorado 80817 <br />All persons wishing to give testimony were sworn. <br />Sec. 22, T175, R65W, E1 Paso County, 9.9 acres. Open pit, sand and <br />gravel, consideration of possible notice of violation, cease and desist <br />order, corrective action and civil penalties for mining outside the <br />permit boundary. Staff submitted ATTACHMENT C - Unpermitted <br />Operation/Possible Violation/Civil ena y resentation Form and <br />June 4, 187 Inspection Report. This is the northern pit area which <br />Anderson Construction has permitted at their Midway site. This site <br />adjacent to site permitted under File No. M-80-i56, E1 Paso County <br />Planning Department requested that the Division inspect the site <br />because they felt there might be some problems with the permit <br />boundary. The June 4; ]987 inspection revealed 30-35 acres of <br />disturbance, no reclamation on site, some of the topsoil had been <br />salvaged. There were four distinct pit areas within the 30-35 acres <br />disturbance, numerous stockpiles on site and exploration trenches <br />everywhere. In researching, the staff found the county had approved <br />this disturbance but the Division had only approved the 9.9 acres in <br />the original permit. Slides where shown. The operator is very <br />interested in getting this site into compliance, The operator was <br />unable to get a flight into Denver to attend this meeting due to <br />weather conditions. <br />is <br />of <br />