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z <br />'i <br /> <br /> <br /> <br />11 <br />2 <br />4 <br />5 <br />6 <br />7 <br />B <br />9 <br />10 <br />11 ~, <br />12 ~, <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 ~ <br />21 <br />22 <br />23 <br />24 <br />25 <br />(Witness sworn.) <br />MR. McARDLE: Okay. This is Mr. Galen Headley, for- <br />mal hearing. The file number of 80-135. At the May 29, ].980 <br />formal hearing of the Board, it was moved that Headley Sand a <br />Gravel having been found in violation be issued an immediate <br />Cease and Desist on all the pits operated by him allowing the <br />right to take materials from stockpiles for immediate emerg <br />flood control only with civil penalty being deferred. <br />The purpose of this formal hearing is to consider <br />civil penalties for mining without a permit. The Staff <br />has documented evidence that Headley Sand and Gravel has <br />operated without a permit for a minimum of 40 days from '77 <br />to 1980. Since this operation is larger than ten acres, <br />Mr. Headley is subject to a civil penalty of not less than <br />$100 per day nor more than $1,000 per day during which the <br />violation occurs. <br />At this time, I think I would like to ask Sue if <br />she is in agreement with the 40 days to start with. <br />MS. HURCH: I have not seen the documentation for <br />the operation. Obviously Mr, Headley has not had a permit <br />since 1976, but without having seen that documentation, I <br />can't agree to the 40 days. <br />MR. BARRY: Jim, just to refresh our memory, is this <br />the pit that the Highway Department started and somebody else <br />operated? <br />E11.EEN CA RPENTL'R & A55[1C/A TES. IA'C <br />Gn frJ ShunhanJ Rrponrrs <br />ISOl1 ChrrrrrJlr RnaJ <br />Liulnm, C~domdu BhNI <br />.. . _ . . ..., _. _ ~ lOJ~le 68:81 <br />