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1 F. <br />1 <br />2 <br />3 <br />4 <br />5 <br />6~ <br />7 <br />I <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 />DR. RICHARD C;ARC a nre iving testimony, are <br />you not, now? <br />MR. WOOD: Couns~I is c-~it'ed to say wi~at he <br />believes the evi~3ence ~.~ 11 show. <br />Mit. DAVID: -- ]~i78, I want this Board to <br />understand that the Hokestra tit did got exist in 1978. <br />MR. BARRY: By the same token, the issu• i~ofor~~ <br />the Board today has nothing to do with the injunctS~n in <br />1978. It is entirely irrelevant, no evidence pree rated <br />here today about a violation earlier, ~•~hether the ~njunction~ <br />earlier was vali3, whether it was violated by thi: on. ~ <br />i <br />The question is, did they have a permit to operate the , <br />mine in May and .Lune of 1980 and were they oper:~ir.g. It <br />has been, as far as I am concerned, irrontrovertiLly <br />i <br />established they were operatin~,~ a pit in the Springy: of 1.9ft0 ~ <br />and that they had no permit. <br />DR. RICHARD WARD: The reason I asked about that I <br />intermittant period is civil penalties:. I am not com- <br />fortable with letting them off with that. + <br />I <br />DP.. BR04lN: They were found in violation against <br />a Cease and Desist Order, so that is a partial crui>ction. <br />MR. WOOD: I think there i~• one question I would <br />like to ask Mr. Janes to make the record complete,. <br />How do you know that it wac:6:'eld Court*y that was <br />operating this pit when yotr made your inspections and not <br />