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III IIIIIIIiilili ill ~i D RA ~T 999 Subject To Board Approval Minutes, May 22 - 23, 1991 THURSDAY, May 23, 1991 Staff Presentation by Cathy Begej 10. FORMAL PUBLIC HEARING 8 Y File No. C-81-039 c/o Mr. Dean Massey Parcel, Mauro, Hultin 8 Spaanstra 1801 California Street, Suite 3600 Denver, CO 80202 All persons wishing to give testimony were sworn. Secs. 20, 21, 28, 29, 31 and 32, T5N, R78W, Routt County, Grassy Gap Mine; surface coal mine. Consider Staff recommendation on bond forfeiture. Monthly status update (continued from the April 1991 Board Meeting). Staff safd that during the last month, the Division has issued two Notices of Violations (NOV) on two performance standard issues which were the subject of Ten-Day Notices issued by OSM in March of 1991. The operator has requested vacation of the violations, and that request is still being processed. The Division is also waiting for a response from the OSM Albuquerque Office, regarding the Division's appeal of a Ten-Day Notice for failure to have adequate bond for the site. It anticipated that the appeal will be forwarded to the OSM Washington, D.C. Office for consideration. The Division inspected the site on May 15, 1991. At that time, routine erosion problems were noted. The Division met with representatives of the operator on May 21, 1991, to discuss their bond release request, procedural aspects of granting the bond release and the operator's obligation regarding performance standards, due to the new violations. The operator has asked that the Division modify the format of the monthly update to Discussion Items, maintaining a continuance of the adjudicatory hearing on forfeiture. Staff recommended that this request be granted. The adjudicatory hearing on bond forfeiture would be continued to the November 1991 Board Meeting, and monthly updates would be provided as discussion items. tdr. Dean Massey, an attorney representing the operator, was present and said the operator agreed with the request and the continuance of the adjudicatory hearing to the November 1991 Board Meeting. It was MOVED that the Board grant the request to continue the adjudic~ hearing to the November 1991 Board Meeting with monthly discussion items being placed on the Agenda through that time. SECONDED AND PASSED UNANIMOUSLY (Jouflas, Danielson, Kraeger-Rovey and Cottony).