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