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Board oi` Adjustment • <br />Januar; 7, ,1976 <br />Case No.. M75-1 (continued) <br />Page 5 <br />Mr.'[IeLaCastro advised that the resolution was in error and they word <br />"and" should h5ve been "or". Providing this correction is made, the <br />applicant has rio objection to this requirement. <br />PERF(IRMANCE BOND: <br />The resolution calls for posting a $250,000.00 Performance Bond to <br />assure proper reclamation of the property. <br />r <br />The zpplicant feels this grossly excessive since the State required <br />Only $55,000.00 and based on their Ex. A-1 which gives an accounting <br />estimate for reclamation. <br />Mr. Holley proposed that, as a compromise, the bond be reduced down to <br />$100.,000.00 or that the County be named as joint obligee on the 555,000.00 <br />bond posted with the State Land Reclamation Board. <br />Mr. (:oilier recalled that the Board had required 5250,000.00 thinking <br />that the §55,000.00 would not cover cost of the reclamation project. <br />Mr. DeLaCastro agreed and said that the County needs this insurance to <br />accomplish reclamation if for some reason the operator does not: perform. <br />Mr. Holley added that when the resolution is clarified, the applicant <br />will be more aware of what is going to be involved and what probable <br />expense might be. The large amount of bond and lack of undersl:anding <br />as to what.is expected of them had placed apprehension in the minds of <br />the applicants. <br />YIOLIITION WARNING: <br />The resolution states that any violation of the 'resolution will result <br />in immediate revocation. <br />The applicant was concerned about the wcrding and asked that it to changed <br />so that if a violation occurs, reasonable notice will be given and a <br />Chance to resolve the problem by means of a hearing and interpretation <br />of what is reasonable under the circumstances before the operation is <br />actually shut down. <br />Mr. '>hields advised that this is a standard paragraph and the Boarcl of <br />Adjustment has no jurisdiction to reverse or modify any decision with- <br />out giving proper notice and conducting a rehearing with the applicant <br />bein!3 represented. <br />MOTION: <br />It was moved by Mr. DeLaCastro, second by (4r. James, and unanimous vote <br />of the Board that additional consideration on these matters is warranted <br />and clarification and/or certain amendments to the resolution of Septem- <br />ber 10, 1975 may be necessary; and the matter be taken under advitenient <br />until January 21, 1976. <br />Cam) <br /> <br />