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-4- <br />was one of the first mines in their district. <br />The Board continued this matter to the January 1994 Board <br />Meeting and required the operator to submit a plan acceptable <br />to the Division by the end of 1993 which covered all of the <br />issues related to the site. <br />10. FORMAL PUBLIC HEARING <br />STA2d ODENBAUGH File No. M-93-026 <br />Consideration of a request for modification of a Board Order <br />to extend the date to obtain an approved permit to November <br />17, 1993. <br />Sta1`f said that the Division supported the operator's request <br />for an extension of the deadline for obtaining permit <br />approval. <br />The Board approved a modification of the Board Order to extend <br />the deadline for the operator to obtain an approved permit to <br />November 17, 1993. <br />11. FORMAL PUBLIC HEARING <br />JACK L. DAVID File No. M-85-097 <br />Consideration of a request that the Attorney General be <br />directed to seek injunctive relief under Rule 8.2.3 and <br />consideration of bond ($5,000) forfeiture. <br />Staff distributed an October 19, 1993 fax letter from the <br />operator which indicated that he would not be able to attend <br />this month's hearing and requested that his letter be read for <br />the record. <br />Staff recommended that the Board continue this matter to the <br />November 1993 Board Meeting, in order to allow time to resolve <br />this matter. <br />The Board decided that the matter should be considered at this <br />time. They addressed a concern that over a period of time the <br />operator did not respond to contacts and correspondence made <br />by the Division in its attempts to resolve this issue. <br />The Board required the Division to refer this matter to the <br />Attorney General's Office immediately with instructions to <br />prepare to file suit, requested that the suit not be filed <br />until November 19, 1993, and that in the interim, the Division <br />provide a report during the November 1993 Board Meeting on any <br />progress. <br />