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-~- <br />the inspection, it was determined that mining had recently <br />occurred. (Slides and photographs were presented at this <br />time). A permit application was received at the Division <br />on October 10, 1446 was found to be incomplete. The total <br />area of the property is approximately 30 acres. Less than <br />two acres have been disturbed. There is no record of <br />permit or application for this location. The Cease and <br />Desist Order, and, Reason to Believe Letter were issued <br />based on this inspection. <br />Staff recommended <br />`: without a permit, <br />civil penalties. <br />the Board find a violation for mining <br />issue a cease and desist, and assess <br />Mr. Barnard addressed the Board. Mr. Barnard stated he is <br />aware the site is in violation. Mr. Barnard believed that <br />exploratory operations could be conducted grior to <br />obtaining a permit. He indicated that perhaps digging had <br />been too deep for exploratory activities. Mr. Barnard has <br />not received compensation for any removed material, <br />however, he believes that perhaps Mr. Purdue has received <br />compensation. Mr. Barnard became aware of the violation <br />when he visited the Division office to inquire on the <br />permit process. Operations had been conducted at the site <br />approximately two weeks prior to the complaint, and were <br />immediately ceased when Mr. Barnard became aware of the <br />violation. <br />It was MOVED the Board find a violation for mining without <br />a permit, reaffirm the Divisions previous Cease and Desist <br />Order, order that corrective actions be filing of a 110 <br />permit application by October 30, 1996, for approval within <br />45 days. SfiCONDfiD AND PASSSD~IIDTANIMOIISLY {Cattany, Cohen, <br />Cooley, Ernst, and Greene). <br />it was further MOVED the Board assess a civil penalty in <br />the amount of $1,000.00, for one day. The civil penalty is <br />based on the fact the landowner appeared at the Division <br />office to file for the permit within a days time of <br />knowledge of the violation. The $606.00 for staff time is <br />included in the $1,000.00 penalty. SECONDED AND PASSED <br />IINANIMOIISLY (Cattany, Cohen, Cooley, Ernst, and Greene). <br />