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JRN-29-' 93 18:01 ID:CO MINED LRND REC'L TEL N0: 303-832-8106 tt055 P05 -"-- <br />• <br />Minutes, January ~2-23, 1992 34 <br />The Olvtsion recommended that a civil penalty be assessed 1n the amount <br />of E85 par day for 60 days of violation. The corrective action <br />recommended would require the operator to amend its Current 112 permit <br />application to include the disturbance by March 31, 1992. <br />Mr. Gary Tuttle, a consultant representing the operator, discussed a <br />Chronology he presented at the April 1991 Board Meeting. Ne stated <br />that although there are 2 particular issues currently In arbitration <br />with Mr. Kerrigan, arbitration of this matter has not been included. <br />Mr. Dan Monks, on behalf of the operator, briefly discussed the <br />arbitration matter. <br />Mr. Tuttle said the operator objects to Mr. Kerrigan's non-payment of <br />the fine, non-submittal of a reclamation only permit application and <br />non-performance of reclamation. He further stated that, 1f <br />appropriate, the operator would like for the Board to consider <br />assessing a civil penalty that would be 80X less than the amount <br />assessed against Mr. Kerrigan. The Board previously found that Mr. <br />Kerrigan was responsible for 80X of the disturbance at the site. He <br />ansrered questions from the Board. <br />In response to a question from the Board, Mr. Tuttle stated that the <br />operator does not want to be required to amend a 112 permit to include <br />the disturbance. He said the preference is for Mr. Kerrigan to obtain <br />a reclamation only permit, as previously ordered, and complete <br />~ reclamation of the site. __ <br />Staff explained that the operator was aware that the Oivlston would <br />support suspension of the civil penalty, if a permit was obtained for <br />the site. Staff answered questions from the Board. <br />It was MOVED that the Board assess a civil penalty n t e amount of <br />55.100 and suspend it, if the operator complies with corrective <br />actions. SECONDED AND PASSED UNANIMOUSLY (Danielson, Kraeger-Rovey, <br />Cooley, Stewart and Danni); Jouflas and Cattany not present for the <br />vote. <br />Staff Presentation by James C. Stevens: <br />30. FORMAL PUBLIC HEARING <br />FLATIRON SAND AND GRAVEL COMPANY File No. H-77-078 <br />P. 0. Box 229 <br />Boulder, CO 80306 <br />All persons wishing to give testimony were sworn. <br />Portion of Sec. 23, T1N, R70W, Boulder County, 30 acres; surface sand <br />and gravel. Consideration of possible notice of violation, corrective <br />actions and civil penalties for implementing revised reclamation plan <br />without Dlvlston approval and failure of annual reports to reflect <br />e:tent of current disturbance and reclamation accompitshed to date. <br />~` Staff presented EXHIBIT A, a package of information, and stated that <br />the site was inspected on December 19, 1991, as a result of a notice to <br />