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Minutes , November 15, 1989 PAGE 18 <br /> Staff related that the operator did respond properly and in a timely <br /> fashion, regarding taking the steps necessary to abate the violation. <br /> Mr. Mulhall and Mr. Jones addressed the Board regarding the abatement <br /> measures taken. They presented the following Exhibits: EXHIBIT B, C <br /> and D - drawings of the 016 Pond "C" (the spillway); EXHIBIT E - maps <br /> of the site; EXHIBIT F - a schedule of pond cleaning dating from August <br /> 1 , 1988 to June-30, 1989 and EXHIBIT G - a copy of the OSM Regulations <br /> concerning days of violation. <br /> Ms. Diane Delaney presented and discussed EXHIBIT H - slides/snapshots <br /> taken on the evening of June 28, 1989 , and illustrated, from the <br /> operator's standpoint, the scope and magnitude of the problems at the <br /> site. <br /> Mr. Jones described the activities that occurred at the site on June <br /> 28, 1989 , and provided, as a professional engineer, an opinion that <br /> everything possible was done to control the flow of water at the time <br /> of the accident. <br /> Mr. L. R. Thompson briefly addressed the Board regarding the incident <br /> at the mine on June 28, 1989. <br /> It was MOVED that the Board uphold the Division's Cessation Order for a <br /> Violation. SECONDED AND PASSED 3 for (Jouflas, Donald and Cooley); 1 <br /> recused (Kraeger-Rovey). <br /> It was MOVED that .the Board reduce Civil .Penalties t.o $2.,500 for 1 day, <br /> of- viola ion.dnd. m3ke­an allowance-of $5OO far' good fai,th'.from the <br /> operator. SECONDED AND PASSED 3 for (Jouflas, Donald and' Cooley); 1 <br /> recused (Kraeger-Rovey). <br /> 33. FORMAL PUBLIC HEARING <br /> MID:ZONTINENT RESOU ES, INC. File No. C-81-017 <br /> 201 Centennial Street, Suite 406 <br /> Glenwood Springs, CO 81601 <br /> All or parts of Secs. ,5, , 6,- 7, 8., 9 , 10, 11 , .14,. 15, 1.6, 17 , 18, 1.9, <br /> 20, 21 , 28, 29 and' 30, Tl OS, R89W; Secs. 1 , 12 , 13, 24 and 25, T10S, <br /> R90W; Secs. 31 and 32, T9S, R89W, Pitkin and Gunnison Counties , 11 ,386 <br /> acres; underground coal mine. Formal review of Fact and Penalty for <br /> NOV C-89-013. Withdrawn at the request of the operator. <br />