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1/19/1988
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1/19/1988
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Creation date
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/19/1988
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JAN 191988 <br />BOOK 70 FACE634 <br />TO: Charles P. Balczun - Administrator <br />William G. Collins 11 <br />Assistant County Attorney <br />DATE: December 31, 1987 <br />SUBJECT: Dennis L. Smith, Inc. - Appeal of Operating <br />Permit Suspension <br />FROM: 114�L <br />The appeal filed by Bruce R. Abernethy, Jr., Esq. on behalf <br />of Dennis Smith, Inc. was timely, being received within 15 <br />days following the December 23, 1987 notice, in conformity <br />with I.R.C. Code Section 25(r)(13). <br />If on-site inspections by County staff on December 29, 1987 <br />revealed that the violations cited in the December 23, 1987 <br />Notice of Violation have been corrected, then the suspension <br />need not end in revocation of the mining operating permit. <br />(I.R.C. Code Section 25(r)(12).) <br />The requested rescission of: suspension could be granted if: <br />a) violations have been corrected; and <br />b) a new $10,000 security bond has been posted. <br />The County ordinances do not give staff the discretion to <br />waive forfeiture of the bond posted as security for <br />compliance with the mining site plan as approved. The <br />forfeiture of bond is mandatory, i.e., "failure to comply <br />with the site plan and this ordinance shall result in <br />forfeiture of the bond ." (I.R.0—Code Section <br />25(r)(11).) As a bond is a requirement of the mining <br />operating permit, a new bond must be posted to replace the <br />forfeited bond before the suspension of the mining operating <br />permit is lifted. <br />I suggest that since waiving bond forfeiture is not within <br />the discretion of County staff, you set this matter for <br />hearing on appeal to the Board of County Commissioners as <br />requested by Mr. Abernethy and as provided for in I.R.C. <br />Code Section 25(r)(13). <br />The County Commission after holding a hearing on this appeal <br />may: <br />a) continue the suspension; <br />b) modify the suspension; <br />c) revoke the operating permit; or <br />d) reverse the decision of the County Administrator. <br />74 <br />
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