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-6- <br />The Board discussed this matter in detail with the Division <br />and the operator. <br />The Board vacated this NOV, as requested by the operator. <br />16. FORMAL PUBLIC HEARING <br />MRS.. CAROLYN PEEK File No. M-75-005 <br />Consideration of a possible notice of violation, cease and <br />desist order, corrective actions and civil penalties for <br />storage of junk care and empty 55-gallon drums within the <br />perrnit area beyond the required removal date without modifying <br />the reclamation plan and providing an additional financial <br />warranty. Withdrawn--at the Division's request; the Division <br />inspected the site and confirmed that corrective actions had <br />been completed. <br />17. FORMAL PUBLIC HEARING <br />DAVID L. ROSGEN File No. N/A <br />Consideration of a request for a Declaratory Order exempting <br />the excavation of a small pond in the flood plain of the Rio <br />Blanco River, for sediment control and hydrologic research, <br />along with the periodic removal of material from the pond for <br />use on the landowner's roads, from the requirement to obtain <br />a State reclamation permit. <br />A letter from the operator indicated that his activity would <br />include periodic gravel removal from the Blanco River, in <br />order to maintain its capacity, and the ultimate construction <br />of a pond on the site. The excavated gravel would be used for <br />road surfacing on the landowner's property and would not be <br />sold. Gravel mining was conducted previously in the river, <br />and the operator plane to conduct research along with his <br />activity, in order to determine methods by which the river can <br />be restored. <br />Staff recommended that the Board issue a Declaratory Order, <br />regarding this matter and require the operator to reapply for <br />the Declaratory Order and provide the Division with an update <br />on the research on an annual basis. <br />The Board issued a Declaratory Order stating that the <br />operator's proposed activity would not require a State <br />reclamation permit and encouraged the Division to ask Doctor <br />Rosgen to share his results with the Division. <br />18. DISCUSSION ITEM <br />TELLURIDE GRAVEL, INCORPORATED File No. N-76-032 <br />Consideration of a request for reconsideration of the <br />corrective action dates specified in the Board Order issued in <br />conjunction with NOV M-93-017. <br />The operator was previously found in violation for failure to <br />