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•~ <br />50. FORMAL PUBLIC HEARING <br />MR. GEORGE SPEER <br />12021 Brighton Road <br />Henderson, Co. 80640 <br />iii iiiiiiiiiii~i iii • ,. ~ <br />File No. M-83-176 <br />All persons wishing to present testimony were sworn. <br />Sec. 34, T1S, R67W, Adams County, 30 acre. 112 sand and gravel. Notice <br />of violation, cease and desist order and civil penalties for mining <br />contrary to the permit. Staff presented ATTACHMENT J, Probable <br />Violation Presentation, and slides were s own. a recommended that <br />the Board find Mr. George Speer in violation for mining in the setback, <br />assess a civil penalty, issue a cease and desist order for any further <br />mining and mine related disturbance within the 200 foot setback, with <br />corrective action to be the removal of equipment and stockpiles from the <br />setback, grading and revegetation of the setback, and the sand material <br />deflecter placed in the river will need to be removed. Staff also <br />recommended that this corrective action be completed within 60 days. <br />Mr. Jack Thoms, representing George Speer, Speer Development, was <br />present and addressed the Board indicating that the operator was not <br />aware of the setback and also showed the Board some pictures of the site. <br />It was MOVED that the Board find George Speer in violation of mining in <br />a manner inconsistent with the mining permit, issue a cease and desist <br />order on any further mining or mine related activities within the 200 <br />foot setback, set corrective actions as recommended by the staff and <br />assess a civil penalty in the amount of $100 per day for 42 days, <br />$4,200, but suspend $3,500 if the operator complies with the various <br />required corrective actions within 60 days with the $700 due and payable <br />within 30 days. SECONDED and PASSED UNANIMOUSLY. <br />51. MR. GEORGE SPEER File No. M-63-176 <br />Speer Development <br />12021 Brighton Road <br />Henderson, Colorado 80640 <br />Sec. 34, T1S, R67W, Adams County, 30 acres. 112 sand and gravel. Board <br />to consider a technical revision to alter the phasing of the mining <br />activities. Staff recommended approval with no change in the bond <br />amount. <br />It was MOVED that the Board approve the technical revision with no <br />change in the bond amount. SECONDED and PASSED UNANIMOUSLY. <br />