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<br />MINUTES <br />WEDNESDAY AFTERNOON, BOARD MEMBERS PRESENT: <br />PAGE 10 <br />Davis Holder, Sherman Blach, Dickey Lee Hullinghorst, Margie Winter and <br />Terry O'Connor. <br />AGENDA ITEM 36 - ALBERT R. FREI, FILE N0. 83-33 <br />Staff presentation was made by Reclamation Specialist, Carol Russell, <br />regarding a 130 acre aggregate operation in Clear Creek County. Field <br />inspection was made on April 10. Slides were shown from that inspection <br />indicating activity outside the permitted area. Staff recommended that the <br />board find a violation for operating outside the permitted area and issue a <br />cease and desist order. <br />-t-er-r-y-O'Brian, consultant representing Albert R. Frei, addressed the board <br />indicating that the operator was doing construction in the area in question <br />but indicated that the operator would come in with a Technical Revision rather <br />than belabor the issue. <br />It was MOVED that the board find Albert Frei in violation of mining outside <br />the permit boundary but the matter of any civil penalty be deferred subject to <br />the submission of a Technical Revision. SECONDED and PASSED by a Vote of 4 <br />for/1 abstention (Terry O'Connor). <br />AGENDA ITEM 15 - A. M. CILLESSEN, FILE N0. M-84-047 <br />Staff presentation was made by Reclamation Specialist, Jim McArdle, regarding <br />a 56 acre gravel operation and development area in Jefferson County. Issues <br />before the board are possible notice of violation, possible cease and desist <br />order and possible corrective actions; mining without a permit and violation <br />of a previous board order. On November 16, 1983, the board determined that <br />the aggregate portion of this development was significant enough to require a <br />mining permit and set a deadline of 120 days for a permit to issue. <br />On March 2, 1984, the division received an application and on March 12, a <br />complete letter was sent aut. On March 22, 1984, Cillessen & Company withdrew <br />the application. On March 27, 1984, Mr. Cillessen was notified by certified <br />letter of this board meeting and the items to be considered. <br />County sources have indicated that Cillessen Construction Company is planning <br />to rough grade the site, remove stockpile material and auction off the <br />property. <br />Mr. Mike Cillessen indicated that after he bought the property he went through <br />a two-year planning process with Jefferson County of sub-dividing for alight <br />industrial park. On August 25, 1982, the company met with Joe Zalkind and <br />presented the staff with sub-division drawings and building permits and <br />requested determination as to whether or not a mining permit was required. By <br />letter from the division, signed by Mr. Joe Zalkind, dated September 14, 1982, <br />Mr. Cillessen was advised that he could utilize the excess materials for all <br />site improvements and sell the balance of the material without obtaining a <br />mining permit from the Mined Land Reclamation Board since the subject activity <br />falls under the category of building construction, not mining. <br />