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1 difficult to defend that. <br />• 2 I am ready to at least try a motion. <br /> 3 THE CHAIRMAN: All right. <br /> 4 MR. BARRY: I would move that the Tennessee <br /> 5 Pass pit doing business as Webster Sand and Gravel be <br /> 6 issued a $2,000 penalty with $1300 suspended and that <br /> 7 the amount be paid at the time the Estate is settled <br /> 8 and detez-mination of ownership for that pit is determined. <br /> 9 That is the motion. <br /> 10 My reasoning is that the application is <br /> 11 in and we have good cooperation. They did pay us a <br /> 12 substantial penalty on the other pit. They have only <br /> 13 taken from stockpiles since January which indicates a <br /> 14 willingness to recognize that there is a law and they <br /> 15 misunderstood exactly what the law said, but there caas <br /> 16 not a blatant thumb your nose at the lava and in fact -- <br /> 17 well, this may be listed as 139 acre pit, a loc. of <br /> 1S disturbance predates the activity and I think we need <br /> 19 to recognize that. <br /> 20 THE CHAIRMAN: Do we have a second to the <br /> 21 motion? <br /> 22 MR. BROWN: Second. <br /> 23 h1S. F]INTER: Let me speak about one thing. <br /> 24 You are saying it is a $700 fine? <br />• <br /> 25 MR. BARRY: Yes. <br /> r ~ - er ~' ~.a xr/s I r~u ff .a s s Hera r t ~. r ~ r <br /> C.ml nl .Shunhand krpnnrn <br /> I Sp0 (bnn ~ dl.• kunJ <br /> I,rtJnnn. (,.l~naJn 40/a <br /> i4(. ,~(.+.,c <br />27 <br /> <br />