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<br />The purpose of the foregoing somewhat extensive description of <br />chronology of events and confusing and ambiguous identification of <br />permitted parties is to illustrate the state of understanding of <br />Petitioner/permittee in attempting to operate mill within the permit. <br />An appreciation of the understanding of Petitioner/permittee is <br />intended to support the assertions here stated with respect to the <br />nature of the contended violation, its scope and gravity. <br />It is respectfully submttted, the violation, if any there be <br />determined, was neither willful nor grossly negligent and did not <br />result in any damage, on or off site nor any exposure to hazard to <br />health or safety. <br />The record is entirely devoid of any evidence to show off-site, <br />on-site damage or health or safety hazard. By definition, this indicates <br />a fmding of no significance. <br />Under all of the circumstances, Petitioner respectfully submits <br />the Board should grant reconsideration, and based upon the record, <br />should review its published order and find that Petitioner/permittee <br />has made a good faith effort to achieve an accepted state of compliance <br />with the MLRB and Mined Land Reclamation Division. <br />While Petitioner/permittee acknowledges the issues here <br />presented have been troublesome to the MLRB, there was no intent by <br />Petitioner/permittee to operate out of compliance with the limitations <br />of the permit as Petitioner/permittee understood those limitations to <br />be. Absent this intent, there should be no finding that the acts and <br />omissions were willful or grossly negligent. <br />For all of the foregoing reasons, we respectfully submit this <br />Petition for Reconsideration should be granted and the Cease and <br />Desist Order with civil penalty should be appropriated modified <br />accordingly. <br />SUBIi~TTED this 13th day of April, 1992. <br />James` S. 1Vlunn, Attorney and Agent <br />Petitioner, Colina Oro Molino, Inc. <br />1201 Third Ave., Suite 1900 <br />Seattle, WA 98101 <br />(206) 623-3515 <br />14 <br />