Laserfiche WebLink
<br />MINUTES <br />Page 4 <br />AGENDA ITEM 5 - FORMAL PUBLIC HEARING, MR. BILL MALOUFF, FILE N0. 82-33, CONTINUED <br />Additional staff presentation was made by Reclamation Specialist, Mark Loye, and <br />Division Director,-David Shelton, during which the correctness of the stated <br />amounts of civil penalty was verified. <br />After considerable discussion between the board and Mr. Malouff, which can be heard <br />on the permanent record, Tape 2 @ 1 thru 60, it was MOVED that the board take no <br />action on this matter of this time. SECONDED and PASSED UNANIMOUSLY. <br />AGENDA ITEM 6 - FORMAL PUBLIC HEARING, CRESTED BUTTE CONCRETE CO., INC., FILE N0. 79-108 <br />All persons wishing to give testimony in this matter were sworn by the Chairman. <br />Staff presentation was made by Reclamation Specialist Supervisor, Joe Zalkind, <br />presenting the board with Exhibits A thru H, ATTACHMENT D to these minutes. <br />No objections were made to these Exhibits being entered as evidence in this hearing. <br />Additional staff presentation was made by Reclamation Specialist, Mike Stanton, <br />with slides and maps of the area in question, which were identified as Exhibit I <br />and can be found in the permanent division files. No objections were made to these <br />exhibits being entered as evidence in this hearing. Slides were taken at a November <br />site inspection. <br />The four possible actions before the board at this formal public hearing are; <br />1) a possible new violation, 2) increasing the bond from $2,500 to $5,000, <br />3) permit revocation and 4) possible forfeiture of financial warranty. <br />Susan E. Burch, representing the operator, Crested Butte Concrete, addressed the <br />board on behalf of the that operator, indicating that the notice of this hearing <br />did not include the possible new violations. Ms. Burch entered 8 pictures, <br />Exhibits A, ATTACHMENT E to these minutes. No objections were made to these <br />exhibits being entered as evidence in this hearing. <br />Comments were heard by the board from Robert E. Wright, Jr., Attorney-at-Law, <br />and Mr. Michele Veltri, as a witness, expressing their concerns with the activity <br />in the area in question. <br />The board was presented with a copy of a section from the statute, ATTACHMENT F, <br />and the staff reviewed the slides relative to the corrective actions. <br />It was MOVED that the board find no violation on the matter of proximity to a <br />structure pending further inspections. SECONDED and PASSED UNANIMOUSLY. <br />It was determined that the issue of increase in bond should not be discussed in <br />this formal public hearing, notice of hearing did not indicate such action. <br />Violation was found in September, 1981, of Section 116. Staff indicated that in <br />their opinion that violation has not been rectified, no corrective action has <br />been taken, again reviewing the slides. <br />