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,~1,^~~~~<,, march 25-26, 1992 <br /> <br /> <br />i <br />Staff reference Exhibit A and stated that in a March 9, 1992 letter to <br />the Division, Mrs. Sims indicated that she had complied with the cease <br />and desist order on February 27, 1992. On March 12, 1992 the Division <br />received another letter from the Mrs. Sims in which she stated that her <br />husband, Mr. Arthur Sims, visited the pit on February 28, 1992 and <br />found that Rio Blanco County was hauling from the pit. Mrs. Sims' <br />letter stated that, at that time, Mr. Sims informed Ben Steele of the <br />cease and desist order covering the pit. <br />Staff said the Division received another letter from Mrs. Sims on March <br />16, 1992 in which she stated mistakes had been made in her previous <br />letters, regarding dates of events or activities at the site. <br />The Division approved the operator's amendment on March 19, 1992, and <br />the cease and desist order was lifted when Mrs. Sims received a copy of <br />the approval. Staff said the operator had worked diligently to obtain <br />approval of the amendment within the time period specified. <br />Staff said a telephone call was received from Ms. Tammy Cook, a rancher <br />in the area who has grazing rights around the pit. Ms. Cook indicated <br />that the Sims' were, to her knowledge, complying with the cease and <br />desist order. Staff said the Division also received a call from a <br />representative from Conoco who clarified that they were unaware of the <br />:ease and desist order and that the dump truck in question belonged to <br />Mme of its contractors. <br />Fhe Division recommended that the Board assess a civil penalty at the <br />rate previously recommended, 5100 per day for 30 days or 53,000. Staff <br />also recommended suspension of a substantial portion or the civil <br />penalty, due to the operator's diligence in obtaining approval of the <br />amendment. <br />Regarding the matter of the operator's failure to comply with a Cease <br />and Desist Order, the Division recommended a civil penalty for 4 days <br />of violation at a rate of $125 per day or 3500. <br />hlrs. Mildred Sims addressed the Board and explained the process she <br />undertook, in order to comply with the February Board Order. She said <br />that after the February Board Meeting she traveled to Craig and placed <br />a notice of the amendment in the newspaper, then to Meeker to meet with <br />Soil Conservation representatives and, finally, to the Rangely County <br />Clerk's Office. Mrs. Sims said that although he was not in at the <br />time, she left a copy of the notice with County Commissioner Davis' <br />cffice but did not immediately notify the County Shop, therefore, Rio <br />Blanco County was unaware the the pit was under a cease and desist <br />order. <br />On behalf of Mrs. Sims, Curt Smith, with BLM, said the Sims had worked <br />with BLM in an attempt to comply with BLM and State regulations prior <br />to this ma`_ter being presented to the Board; Don Davis, a Commissioner <br />fir Rio ?~ance County, said the County ceased hauling material from the <br />oit immed'ately upon receipt of the notification from the Sims. He <br />.-. ._ ._ _ -~~~ ." r' :ne ;ale, the Sims do not supervise the removal of <br />_~_._ .r, of <br />