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DRAFT <br />Subject To Board Approval <br />Minutes, March 21••22, 1950 PAGE 2 <br />i) Request for an Executive Session regarding the Conda issue; <br />3) Judge's rule affirming the Board's decision regarding Battle Mountain <br />Gold Company; <br />k) Staff workload and <br />1) The Board Meeting Agenda. <br />Staff Presentation by Dave Bucknam: <br />3. FORMAL PUBLIC HEARING <br />meA n~ent~:o~.ule.~Mine Subsidence Protection Program Rules. <br />The Director asked. the Board to continue this issue to the April Board <br />Meeting, ire order to allow time to resolve questions regarding the <br />Rules. <br />It was MOPED that the Board grant the request to continue this issue to <br />the Apri'~2~oard Meeting. SECONDED AND PASSED UNANIMOUSLY (O'Connor, <br />Danielson, Jouflas, Entz and Cooley). <br />Staff Presentation by Michael Savage: <br />4. FORMAL PUBLIC HEARING <br />GTn!~'- File No. I-90-001 <br />109 Madison Street <br />Walsenburg, CO 81089 <br />All persons wishing to give testimony were sworn. <br />E 1/2 Sec. 15, T31S, R65W, Las Animas County, 4 acres; illegal surface <br />coal mining operation. Appeal of Cessation Order C-90-005 and <br />associated civil penalty. <br /> <br />Staff presented information that, at the operator's request, this Item <br />was Sunshined for this Board Meeting, in order for the issues to the <br />addressed, i.e., mining without a permit and the proposed civil penalty <br />for this violation. <br />Staff stated that this Cessation Order was issued to the operator's <br />agent on January 10, 1990, for conducting surface coal mining <br />operations without a mining and reclamation permit. The Order resulted <br />from an oversight inspection conducted on January 10, 1990, at which <br />time it noted that coal was being loaded onto a dump truck at this <br />site. After investigation, it was determined that coal mining was <br />taking place and that an area of 3 to 4 acres had been disturbed. <br />At that time, Staff talked with the barJchoe operator at the site and <br />was informed that the coal being moved would be sold. Staff checked <br />with the Division to ascertain whether or not the operator had any <br />