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1 <br />• 2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <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 /> <br />material being excavated, if it was borrow or topsoil, <br />according to this memo, then perhaps it wasn't mining. I <br />think there has been some shift on that particular one. If <br />the material is milled, crushed and so forth, then it was <br />more likely to be considered mining. The commercial use of <br />it, and whetter you are using it on your own property, which <br />has been mentioned, and finally the intent. <br />MR. HOLDER: We did consider the use of the <br />own property, if it increased the value of the property as <br />commercial. <br />to <br />h1R5. WINTER: Even then, we talked about com- <br />mercial value. In terms of these criteria, I would say, you <br />have fallen at least into half of them, I don't know if <br />that helps o:r not. But it's a difficult thing to resolve <br />in the specific case like yours. <br />MR. BINGHAM: Yes. <br />MRS. WINTER: And I think we mentioned last time <br />that there have been unpermitted operation like this which <br />were not required to get permits; so, it's gone both ways. <br />On the other hand, the Board has recently said that it's going <br />to recomme/Zd to the legislature that if anyone is operating <br />without a permit, then the minining fine is 51,500. And in <br />addition, a suspendable civil penalty can be assessed for not <br />more than $1,000 a day for every day since the operation <br />started. <br />E/l FF. \' ( ~ RPF~'TF'R R a.P.50(/,4 TFS. /.\'C <br />Cr.n%uv/ 1'hu.rhnnJ H.pm nrn <br />Ln dernn. CuluruJn Nllr'I <br />ilr 4~lM1 /~.Y:.YJ <br />