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1. CONSIDERATION TO A UTHORIZE PULLING COMPLIANCE BONDS <br />FOR NONCOMPLIANCE WITH SITE PLAN APPROVAL REQUIREMENTS <br />RELATING TO THE TOM HAMMOND SAND MINE AND THE RANCH <br />ROAD LAKE SAND MINE (QUASI -.JUDICIAL) <br />(Clerk's Note: Court Reporter Sharon Northrup was present, representing Attorney Eugene <br />O'Neil, Esquire, for Ranch Road Lake Sand Mine) <br />County Attorney William Collins updated the Board on this matter and outlined the issues <br />that have brought this request to call the letters of credit for compliance bonds. He thereafter presented <br />staff's recommendation to approve the resolutions pulling the compliance bonds for the Tom Hammond <br />Sand Mine and for the Ranch Road Lake Sand Mine, and to authorize the Chairman to sign the resolutions. <br />Chairman Bowden questioned whether a public hearing was required. Attorney Collins <br />explained that this was not a public hearing, but just findings of fact the Board was being asked to make <br />after staff presented its case and the mine operators have the opportunity to state their case. The parties <br />have a right to file a written appeal, but he understood none had been filed to date. Attorney Collins <br />addressed the right of the parties to file an appeal and noted that to date none had been filed. <br />Commissioner Wheeler wanted to follow the rules and require the parties to file a written <br />appeal, and have the matter brought back before the Board. <br />Eugene O'Neil, Esquire, Gould, Cooksey, Fennell, P.A., 979 Beachland Boulevard, <br />representing Ranch Road Mines, requested that before staff begins its presentation, the two mining issues <br />(Hammond and Ranch Road) be separated and not be heard as one issue, to avoid alleged violations that are <br />not necessarily pertinent to their mine. He also requested that the Board treat this as their appeal, as they <br />were ready to go forward. <br />In response to queries from the Board, Attorney Collins thought the request for separation of <br />the issues was appropriate, because there has to be two findings, one for each mine, because they are <br />independent operators. <br />9 <br />January 15, 2008 <br />