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<br />~;~ <br />dir~~:: ,.y.,_.; :;_; ~ir;% Subject ToSoardApprova <br />Senator Dave Wittenberg addressed the Board briefly on behalf of Mrs. <br />Sims and offered his appreciation to the Division and Board for the <br />efforts put forth to resolve this matter. <br />Rio Blanco County Commissioner David Smith also addressed the Board <br />briefly on behalf of Mrs. Sims and Said that he agreed with comments <br />made by Commissioner Davis. Mr. Smith also said that the County <br />inspected the site prior to the stockpiling, contacted BLM and was <br />informed that the area was adequate for storing the material. He <br />assured the Board that the County and BLM would be responsible for <br />reclamation of the site. <br />In response to an inquiry from the Board, Staff Clarified that the area <br />disturbed by the County at the site was not a part of the original <br />permit, but was included when the permit was amended. Staff also said <br />that the operator has submitted a 5700 increase in bond for the site. <br />It was MOVED that the Board, regarding the civil penalty matter (Agenda <br />Item No. 3), assess the civil penalty recommended by the Division and <br />suspend 52,570, leaving a 5250 civil penalty due and payable to the <br />Division. SECONDED AND PASSED UNANIMOUSLY (Danielson, Cooley, Jouflas, <br />Stewart and Cattany). <br />It was MOVED that the Board, regarding Sunshine Item No. 1, find the <br />operator in violation for failure to comply with a Board Ordered Cease <br />and Desist Order, assess a civil penalty at a rate of 5125 per day for <br />4 days or 5500, with $450 being suspended. SECONDED. <br />The Board briefly discussed a concern that the MOU that the Division <br />has established with BLM is not being fully utilized. <br />Board Member Cattany offered an amendment to the Motion which would <br />suspend the entire civil penalty. The matter was discussed further, <br />and Mr. Cattany withdrew his amendment. <br />The Motion PASSED UNANIMOUSLY (Danielson, Cooley, Jouflas, Stewart and <br />Cattany). <br />•l. FORMAL PUBLIC HEARING <br />M. SIMS GRAVEL COMPANY <br />P. 0. Box 51 <br />Rangely, CO 81648 <br />file No. M-87-103 <br />Sec. 35, T2S, R101W, 6th P.M., Rio Blanco County, 3 acres; 110(2) <br />surface aggregate quarry. Consideration of a possible notice of <br />violation, cease and desist order, corrective actions and civil <br />penalties for failure to comply with a Cease and Desist Order. <br />See Agenda Item No. 3 for discussion and Motions. <br />