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14 <br /> Mr. John Hickman, a consultant representing the operator, <br /> stated that they were not aware that they were outside the <br /> permit boundary, until the Division conducted its inspection. <br /> He said this was an old Highway Department pit to which the <br /> operator succeeded. Mr. Hickman said they have reclaimed the <br /> area in question and want to be released from the permit. He <br /> said they mined about one-half of an acre during the 7 to 8 <br /> years that they operated the site. <br /> Mr. Hickman said that an issue related to a telephone pole on <br /> the property has been addressed through an agreement with the <br /> local power company. <br /> The Division contacted the power company to determine if there <br /> was any objection to the operation and the power company <br /> provided a letter stating that they had no problem with the <br /> operation. <br /> Board Member Stewart noted that the Division had not inspected <br /> the site over the years and, therefore, shared some of the <br /> responsibility for the situation that arose. <br /> Staff recommended that the operator be required to submit an <br /> amendment or technical revision indicating the actual areas <br /> disturbed by October 2, 1993, and obtain approval by November <br /> 12, 1993 . Staff said a civil penalty could be assessed for 34 <br /> days of violation for $50 to $200 per day or $1, 700 to $6, 800 . <br /> The Board adopted the Staff' s recommendations. <br /> The Board assessed a civil penalty in the amount of $1, 700 and <br /> will suspend all but $200, if a technical revision or <br /> amendment is submitted by the deadline of October 2, 1993, <br /> with the civil penalty to be due 30 days within the date of <br /> the Board Order. <br /> 12 . FORMAL PUBLIC HEARING <br /> ALPINE ROCK COMPANY File No. M-93-035 <br /> Robert Bisgard. Board Member Stewart said that Summit County <br /> was now the only objector in the case. She said that the Pre- <br /> hearing Order required Summit County to attend today' s <br /> hearing, in order to gain party status. It was noted that <br /> Summit County did not appear during today's hearing. <br /> Board Member Stewart said that the Board should go forward <br /> with the hearing today, without the Pre-hearing Order, since <br /> there were no objectors listed. Ms. Cheryl Linden, Assistant <br /> Attorney General, agreed with the procedure outlined by <br /> Ms. Stewart and clarified that Summit County did not request <br /> party status during the Pre-hearing Conference. <br />