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-46- • <br />it in the first <br />/place, knowing of these other operations how you can intend to <br />shut me down now? I'm not violating any terms of my agreement. <br />Now what we can come back and argue, this is always one of those <br />gray areas that we're in, you do have a provision of the statute <br />that says that if the Board determines that the operator is in <br />violation of any provisions of this article or any notice or any <br />order that you've given to them or any condition of their permit, <br />then you can issue them a cease and desist order. But I think <br />you've got an estoppel problem here because you're aware of the <br />problem in the beginning, you know, you could do it, but I think <br />legally you're really putting yourself in a bad posture as far <br />as attempting to defend the issuance of this issue... <br />Ward: S9ould it be improved by just what you mentioned here the <br />agreement mutually arrived at, that all mining would be approved <br />for permit by a certain number of days, x-days? <br />Lynn: Yeah, the only provision I see in the statute is that you can, <br />it's a violation of the provision in this article or of a <br />permit...I don't find anything in here that talks about an agreement. <br />Brown: They have already submitted applications in each of the instances <br />known. I think we've already satisfied that. That we're not even <br />putting that in as a requirement for the granting of this permit. <br />Ward: Mar$, do you have any comment on this? <br />