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i~ MINUTES G~By PAGE 4 AGENDA ITEM 5 -FORMAL PUBLIC HEARING, GOLD RIDGE MINING, CONTINUED: It was MOVED that the board assess Gold Ridge Mining a civil penalty in the amount of ;9,000 based on the maximum penalty for 45 days violation and suspend `;6,500 if the situation is corrected to the satisfaction of the staff by the July Board Meeting. SECONDED and PASSED UNANIMOUSLY. x AGENDA ITEM 6 - FORMAL PUBLIC HEARING, ALBERT FREI, 83-33 All persons wishing to give testimony in this matter were sworn by the Chairman. Staff presentation was made by Reclamation Specialist, Carol Russell, indicating that the matter before the board is consideration of civil penalties for mining outside the permitted area. The board found Albert Frei in violation at the April Board Meeting and deferred consideration of civil penalty subject to the submission of a technical revision, no cease and desist was issued. The technical revision was submitted on May 15, which will be on the agenda for consideration at this meeting. A slide presentation was made by staff as a result of site inspections on April 10 and May 18. Mr. Larry O'Brian, Consultant representing Mr. Frei, and Mr. Frei responded to questions from the board. It was MOVED that the board assess a civil penalty to Albert Frei in the amount o 3,800 and suspend all but ;500 if the Technical Revision is approved at the June Board Meeting. SECONDED and PASSED UNANIMOUSLY. FOR THE RECORD: After considerable discussion regarding the board's failure to issue a cease and desist order on the activity in question, staff indicated that she would meet with the operator to try and get the remaining issues resolved so it could be considered at this meeting rather than be continued due to adequacy problems. AGENDA ITEM 7 - FORMAL PUBLIC HEARING, JIM NYTES, M-84-064 All persons wishing to give testimony in this matter were sworn by the Chairman. Staff presentation was made by Reclamation Specialist, Carol Russell, recalling for the board that at the April, 1983, board meeting the activity in question was found to be not mining and allowed Larimer County land leveling activities to the limit of 30,000 cubic yards to provide future level building sites. On April 6, 1984, Mr. Nytes made application for a 110 mining permit for a portion of the previously disturbed area. Currently the Division has received three letters of objection to the permit application. On April 25, 1984, the board granted the request of adjacent landowners that consideration of this application be held as a formal public hearing.