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<br />-~ salvage topsoil. <br /> <br />ii. The Board found a violation for mining in an area <br />that was not designated to be disturbed in the permit. <br />iii. The Board vacated the violation of failure to <br />minimize disturbance to the hydrologic balance. <br />iv. The MLRB found a violation for discharging silted <br />water directly into Plum Creek and constructing a settling pond <br />on the property. <br />v. Issued a Notice of Violation. <br />vi. Issued a Cease and Desist Order concerning all <br />mining operations in the Lawrence Pit, with the exception of <br />corrective action in the nature of seeding the topsoil stock- <br />piles, adjustment to the settling ponds, and removal of material <br />from the existing stockpiles. <br />vii. Ordered the submission of an acceptable amendment <br />and/or technical revision correcting the violations to be <br />approved by the MLRB at or before September 24-25, 1985. <br />viii. Ordered the payment of <br />maximum assessment of $1,000.00 per day <br />from May 16 to May 22, 1985, or $6,00 <br />would be suspended provided the operator <br />technical revision which is approved by <br />September 25-26, 1985. <br />civil penalties at the <br />for 6 days of violation <br />0. 00 of which $3, 000. 00 <br />submits an amendment or <br />the Board at or before <br />D. Denied Brinkmann-IVOOdward's application to postpone <br />the Cease and Desist Order (pending appeal). <br />E. Notwithstanding the objection to transfer, the MLRB <br />approved the transfer of the permit and succession of operator <br />from Lawrence Construction Company to Cooley Gravel Company. <br />14. The plaintiff herein was adversely affected or aggrieved <br />by the agency action of July 24, 1985, referencing the hearing on <br />June 26, 1985 for the Following reasons: <br />A. The defendant, Lawrence Construction Company, was <br />prohibited from performing certain reclamation pursuant to <br />written contract with the plaintiff. <br />B. The plaintiff was and continues to be prohibited <br />from extracting gravel from the pit or otherwise mining gravel <br />pursuant to its agreement with Lawrence Construction Company. <br />C. The plaintiff is incurring losses in gross income at <br />the rate of approximately $10,000.00 per day, including loss of <br />use of equipment and employees. <br />-5- <br />