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• iii iiiiiiiiiiiii iii • MINUTES • Page 3 AGENDA ITEM 6 - FORMAL PUBLIC HEARING, COTTER CORPORATION, FILE N0. 77-300 Prior to Calling of Formal-FiLh14tc} Hearing, staff presentation was m~.de by ! Division Director{; David Shelton,~indiR~~in that the staff and Dotter Corporation have held various eetings regarding they iolations ~a~.e~wd and corrective actions As a result of these meetings Cotter Corporation has agreed to submit an amendment by the February Board Meeting to update their permit document, refer to ATTACHMENT C. Staff recommended that the board continue the formal public hearing to the May Board .Meeting at which time the amendment would be before the board. Comments were heard from Charlotte L. Neitzel, Holme, Roberts b Owen, representing Cotter Corporation, ATTACHMENT D, and from Tim Smith, representing Cotter Corp. After considerable discussion which can be heard on the permanent record, Tape 3 @ 10 thru 4 @ 5, it was MOVED that the board continue the matter of Cotter Corporation, set it for a progress report from the staff and Cotter in February and decide at that time whether to have the Formal Public Hearing in March, April or May. SECONDED and PASSED UNANIMOUSLY. It was MOVED that it is the board's understanding that among the considerations for continuance are the items presented in the proposed stipulation, Cotter will perform or have in progress items 1 thru 10 and will hear about the progress of those items at the February meeting. SECONDED and Failed by a Vote of 1 for (Chips Barry)/6 opposed. AGENDA ITEM 7 - FORMAL PUBLIC HEARING. EQUITY GOLD. FILE N0. 81-73 All persons wishing to give testimony in this matter were sworn by the Chairman. Staff presentation was made by Reclamation Specialist Supervisor, Jo: Zalkind, presenting the Board with staff Exhibits A thru Q, ATTACHMENT E. This hearing was held to determine possible revocation of permit and forfeiture of financial warranty of the Equity Gold, Stanley Mine. There were no objections to the staff's exhibits. Exhibits were reviewed by the board. Testimony was heard from Mr. Neldon B. Finley, President of Equity Geld and from his attorney, Fay M. Matsukage. This entire presentation can be heard on the permanent record, Tape i @ 5 thru 6 @ 25. BOARD MEMBER, Sherman Blach, left the meeting. It was MOVED that the board find Equity Gold in violation of a board order, not increasing the bond when required, assess a civil penalty of 52,500, tl~e civil penalty to be suspended if the bond is increased within 30 days. SECONDED and PASSED by a Vote of 5 for/1 opposed (Chips Barry).