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-3- <br />recommended the 1994 Grant request be amended to include <br />another project. Staff said the additional project would not <br />affect the amount of the Grant request. <br />The Board approved the Program's 1994 Administrative Grant <br />request. <br />8. FORMAL PUBLIC HEARING <br />FLOYD HOLLIDAY File No. N/A <br />Consideration of a request for a Declaratory Order exempting <br />the sale of moss rock from the site from the requirement to <br />obtain a State reclamation permit. <br />Staff presented a package of information, including the <br />petitioner's September 29, 1993 letter, a building permit and <br />a September 9, 1993 letter of objection. Staff showed slides <br />and discussed the operator's activity. <br />Mr. Holliday said the rock was removed from the property, in <br />order for him to build a house. He said his activity was not <br />conducted for the purpose of selling moss rock. <br />The Board, in this case, as outlined here today, found that <br />the operator's activity does not require a permit and issued <br />a Declaratory Order indicating that this matter is exempt from <br />a permit only insofar as the uses as outlined in today's <br />hearing. <br />9. FORMAL PUBLIC HEARING <br />KONG MINING COMPANY, INCORPORATED File No. M-81-024 <br />Consideration of a possible notice of violation, cease and <br />desist order, corrective actions and civil penalties for <br />failure to file a third notice of Temporary Cessation (the <br />second ended October 7, 1991) or commence final reclamation. <br />Staff distributed a presentation, a September 7, 1990 letter <br />to the operator and provided background information. During <br />an inspection conducted on August 12, 1993, Staff determined <br />that the bond was inadequate, pyritic material was draining <br />onto offsite areas and I.D. signs and markers had not been <br />posted. Staff conducted a follow-up.inspection and determined <br />that the operator had not conducted corrective actions, as <br />requested by the Division. <br />Staff showed slides of the site and requested that the Board <br />issue an Order specifying the activities to be undertaken by <br />the operator at the site to correct the problems. <br />Mr. Allen Granruth and Van Culler addressed the Board on <br />behalf of the operator. Mr. Culler explained that Central <br />City has requested that the property be preserved and <br />maintained as a historic site. Mr. Granruth stated that this <br />