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<br />1 what we're about, the basic issue of the proper <br />2 reclamation, the operator's history is an important <br />3 consideration.. <br />4 Now, I recognize that you can go <br />5 through the statute as Mr. Evans has ably done and <br />6 fashion the argument that he has. Seems to me that a <br />7 key issue here is when was the application filed. <br />8 The application being considered by the Board today <br />9 is not the same as the application that was filed, <br />10 that they referred to and the date that it Baas, <br />11 quote, being filed in their other matters. I think <br />12 the application that's been considered can'': be filed <br />13 until they determine what the content of it is. <br />14 That's happened fairly recently. That may ;provide <br />15 the Board ar. opening to consider both of those issues <br />16 simultaneously, as they should, ar.d a'_1 ;us'. be <br />1T considered <br />18 CY.AIRMAN DANIELSON: dour po~;ition is <br />19 that the issuance of the permit should not ire <br />20 determined until the issue of the violation. is first <br />21 determined. <br />22 MR. *IUSSBAUM: T'_:ose thin gs :lave to be <br />23 considered, if someone's a*_ fault of the pr or <br />24 permit. The legislature obviously wants th..s Board <br />25 to consider that before it issues a new ~ernit. If <br />zl <br />MIDyETT RE_°ORTING SERVICE <br />(303) 424-2217 <br />