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<br />Minutes, Apri127-28, 1994 <br />20 <br />IT WAS MOVED that civil penalties be continued to the June' <br />board meeting pending the operators choice of corrective <br />action. SECONDED AND PASSED UNANIMOUSLY (MCCannon, Stewart, <br />Jouflas, Danni) Kraeger-Rovey and Danielson not present for <br />the vote. <br />Staff Presentation k~v James C. Stevens/Cavern Lemay: <br />21. FORMAL PUBLIC HEARING <br />L. OTTO GOEMMEF! <br />P. O. Box 165 <br />La Veta, CO 8].055 <br />File No. M-82-129 <br />All persons wi:~hing to give testimony were sworn. <br />W 1/2, SW 1/4, SE 1/4, Sec. 32, T95, R68W, 6th P.M., Huerfano <br />County, 7.5 acx-es; sand and gravel operation. Consideration <br />of a possible notice of violation, cease and desist order, <br />corrective actions and civil penalties for failure to maintain <br />the financial Warranty in good standing. <br />Staff presented. information on the current financial warranty <br />on this site a:a outlined in E%HIBIT I. A Deed of Trust was <br />offered for bonding on this site. However, the original Deed <br />of Trust was never filed with the county. Staff has made <br />several attempts to have the operator replace the financial <br />warranty. A $5,000.00 interim bond has been submitted to the <br />Division as ordered by the Board in February. <br />Mr. Stroh confirmed that the Deed of Trust had been submitted <br />to the division with instructions to return it to the <br />Goemmer's upon division approval and signature. The operator <br />has yet to receive the deed of trust so that it may be filed <br />with the county. <br />Staff recommended the board find violation for failure to <br />maintain financial warranty in good standing; however, due to <br />paperwork errors not in the operator's control, civil <br />penalties not tie levied. <br />IT WAS MOVED that a violation did occur and that the operator <br />not be assessed civil penalties. SECONDED AND PASSED <br />UNANIMOUSLY (McCannon, Stewart, Jouflas, Danni) Kraeger-Rovey <br />and Danielson not present for the vote. <br /> <br />