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20 <br /> The Board had required that a permit be in place by September <br /> 29, 1993, which covered the area of the unpermitted mining <br /> operation. Another operator, Summit Brick, already has a <br /> permit in the general area and has applied for an amendment to <br /> their 112 permit which would include the area of the <br /> violation. The decision date for the application is November <br /> 22, 1993 . <br /> The operator and Mr. Joe Stock have been working to include <br /> their disturbance within the Summit Brick permit area, but the <br /> permit will not be approved by the September 29, 1993 <br /> corrective action date. The operator and Mr. Stock wanted the <br /> Board ordered corrective action date to be reset to a later <br /> date consistent with the approval of Summit Brick' s permit <br /> amendment. Staff said a date prior to the December 1993 Board <br /> Meeting would be appropriate for an extension. <br /> Mr. Dave Douglas, with American Stone and Landscaping, stated <br /> that he is in the process of completing an agreement with <br /> Summit Brick to include their activities in their permit <br /> amendment. <br /> Staff said that Mr. Brian Geddes, of Summit Brick, had <br /> contacted the Division and confirmed that discussions are <br /> ongoing and that they are in the process of developing an <br /> agreement which allow Mr. Douglas to operate his activity <br /> within the Summit Brick permit area. Staff said good-faith <br /> efforts are being made to meet the requirement for obtaining <br /> a permit. <br /> The Board postponed the deadline stated in the original Board <br /> Order until the date of the December 1993 Board Meeting and <br /> continued the matter until that time. <br /> Staff explained that the Board had ordered that the civil <br /> penalty be waived, if the corrective actions were completed. <br /> The Board clarified that if the corrective are not completed <br /> within the time frame set, the civil penalty would become <br /> effective 30 days after the December 1993 Board Meeting. <br /> 17. DISCUSSION ITEM <br /> NIELSONS, INCORPORATED File No. N/A <br /> Staff presented a September 9, 1993 letter from the operator <br /> and stated that this matter related to a request for an <br /> informal opinion that the excavation of borrow material from <br /> BLM property for use in construction in the Colorado River <br /> Basin Salinity Control Project (a BIM project) would not <br /> require a State reclamation permit. <br /> Mr. Douglas Conger, representing the operator, stated that <br /> operator was awarded a contract for construction of portions <br /> of the canal project. He said that approximately one-third of <br />