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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 I <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />• 25 <br />• • 3 <br />In July, the Board issued a Notice of Violation and Cease and <br />Desist Order for mining without a permit to Mr. Bingham. <br />The Cease and Desist Order prohibited all mining and crushing <br />operation, but allowed flood-control operation to continue <br />because this was the primary--one of the primary thrusts of <br />the operatior(. <br />The operator has complied with the Cease and <br />Desist Order and sent us a letter to this effect. And he <br />has submitted an application that is at present incomplete. <br />But I have been in fairly consistent contact with them, and <br />I feel sure it will be ready for the September Board meeting. <br />He has a couple of things with some other agency who are <br />submitting it, so, he will have it completed soon. <br />At the last Board meeting, the operator <br />claimed that he legitimately felt this was a flood-control <br />operation and so on, and had some communication with various <br />agencies. And the Board basically decided that it may be <br />true, but it still went ahead with the Cease and Desist Order. <br />My judgment on the matter, this is not a <br />flagrant violation in that sense, much of the intent was <br />flood control., and he would be doing it whether or not-- <br />to some extent. <br />My recommendation, therefore, is that the <br />civil penalt}• be set at $2,000--$1,600, leaving a portion <br />of $400 if the permit is issued within 60 days of this meeting. <br />rateesc.Hre.+'rrHa assocurrs./sr. <br />C• rrrlirJ .Gh~nihanJ Rrp~mrn <br />l SIIO (hron rJlr HuuJ <br />l rnlrrnn. ('•duraJrr .YOIII <br />tf~+~ m I ~x'x.+ <br />