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1 of the pit personally from Mr. Ellis Webster as of <br />• 2 January 28th of 1981. Therefore an argument can be <br /> 3 made, one, which I did not differentiate that disturbance <br /> 4 has occurred before January of 1981. After January of <br /> 5 1981 until August 31 and after August 31 until the <br /> 6 cease and desist order caas given. If you pick any of <br /> 7 those three time periods, 40 days can be successfully <br /> 8 defended. <br /> 9 MR. TURNER: Prior to January? <br /> 10 MR. LOYE: I could use any of those time <br /> 11 increments. I did not differentiate it because quite <br /> 12 frankly we could get back to this every day of operation, <br />• 13 documenting every day of operation under the Act and <br /> 14 we would be dealing with a civil penalty that would be <br /> 15 truly astronomical. <br /> 16 MR. BARRY: Well, they are wrong in their <br /> 17 presumptions. It is very easy to understand how an <br /> 18 operator who has been given an existing pit and told <br /> 19 he can take stockpiles, I think it requires more than <br /> 20 common sense to then say I will stop doing everything. <br /> 21 When they have, I will still take the stockpiles. That <br /> 22 is what the la~•~ requires, but in fact it takes a good <br /> 23 deal more than common sense to reach that conclusion. <br /> 24 So my sense is if we issue a penalty, it is for operations <br />• <br /> 25 for January. After that, it is a little bit more <br /> FlI. F! ~' C-1k Pi. \'Tl.k S AS'.SIrCf.J 7f :S !b (' <br /> Crmirrvl .Slrn.rlw.rJ krryrnr.r <br /> 19n0 Chr~. rvrllr knuJ <br /> L rrkrnn. Cnlnrmin 901.'1 <br /> <br />26 <br /> <br />