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1 than the removal of certain sand stockpiled on the West <br />~' 2 Tennessee Pass pit and also stockpiled material on the <br /> g Jones Pass. So there really has been no mining operation <br /> 4 since he was notified by this board as to his violation <br /> 5 on the Jones Pass. <br /> 6 Again, I would like to comment on the <br /> 7 nature of the er.tent of the particular fine here. I <br /> g think it rntJSt be borne in mind that this operation has <br /> 9 been going on -- went on for 30 years prior to the Mined <br /> 10 Land Reclamation on the 60 acres here. These 60 acres <br /> 11 0~ mining caent on from 1946 to 1976, a period of 30 <br /> 12 years when he didn't even need a permit. So I don't <br />• 13 think he should be penalized extensively for that previous <br /> 14 mining operation. The mining operation itself even when <br /> 15 it operated in violation of your Act, say from 1976 -- <br /> 16 '77 to date, was not a major operation. The average <br /> 17 amount of material removed -- it varied -- it went from <br /> 1S a low of 5,000 to a high of 20,000 yards per year. But <br /> 19 basically the same between the Jones pit and the west <br /> 20 Tennessee Pass pit. So even t}~ough we're talking now <br /> 21 about a disturbed area of 60 acres, this is something <br /> 22 that has been going on since 1946 and not since your Act <br /> 23 went into effect. I don't think there should be any <br /> 24 differentiation by size of penalty between the West <br />• <br /> 25 Tennessee Pass pit and the Jones Pass pit. They both <br /> F/7. Fl:S C,1 R/'6~Th.71 ,. :1 SSO C!-1765. /~C <br /> Cn nGnl Shnn F.unJ Rr!'nr ~ r <br />r <br /> IS(IO Chrni riRr RnnJ <br /> Lu Jrmn. Color nrir~ A01: l <br /> VOJ~;nI +: ~? <br />12 <br />ti <br />