1989-12-21_GENERAL DOCUMENTS - C1981017

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DRAFT subject To Board Approval Minutes, November 15, 1989 PAGE 9 It was MOVED that the Board find the operator in violation for mining without a permit and levy a Civil Penalty for $50 per day for 5 days or $250. SECONDED AND PASSED 3 for (Kraeger-Rovey, Jouflas and Cooley); 1 against (Donald) . 10. EARL SAVAGE File No. M-88-111 P. 0. Box 30087 Portland, OR 97230 Sec. 4, T12S, R80W, Chaffee County, 1 .0 acres; surface placer. Consideration of operator's request for reconsideration of previous Board Order. Mr. Ray Johnson, representing Mr. Savage, provided background information, regarding this matter. He presented the following Attachments: 1 ) ATTACHMENT B - copies of 3 contracts to buy and sell mining property, along wi a notice of termination to All Right Mining and Development and Xerarc Resources; 2) ATTACHMENT C - Mr. Johnson 's memorandum to the Board and 3) ATTACHMENT 0 - 3 snapshots of the site, prior to assessment work conducted at Mr. -Savage's request. Mr. Johnson answered questions from the Board. Staff reviewed the February Board Order. At that Meeting, the Board issued Notices of Violation, and the Corrective Action was to reclaim the site by July 23, 1989, i.e., backfill 3 trenches and reseed by no - later than July 26, 1989, failure to complete the Corrective Actions by that date could result in the Board's issuance of Civil Penalties against both Xerarc Resources and Mr. Savage. At the August Board Meeting, Civil Penalties were levied, because Corrective Actions had not occurred. The Board discussed the reclamation of the site with Mr. Johnson and Staff. It was MOVED that the Board not reconsider this matter, until there is evidence o -reclamation at the site. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Donald, Jouflas and Cooley). 11 . KIEWIT WESTERN File No. M-89-109 1000 Kiewit Plaza Omaha, NE Sec. 30, T11S, R53W, Lincoln County, 3 acres; 111 sand and gravel . Consideration of operator's request for reconsideration of previous Board decision. Staff asked the Board to reference the operator's reconsideration letter. Mr. Tony Collins, representing the operator, reviewed the operator's reconsideration letter for the Board and discussed the request. Mr. Collins addressed the Civil Penalties that were imposed and said the operator felt Civil Penalties should have been considered under 110 provisions, rather than 111 provisions for Civil Penalties. He answered questions from the Board.