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ATTORNEY VOCELLE INFORMED THE BOARD THAT OBVIOUSLY THEY CANNOT LIVE WITH THE FOUR REQUIREMENTS SET OUT IN THE REPORT, AND THEY ARE NOW i APPEALING THE COMMITTEE'S DECISION° HE STATED THAT THEY TAKE THE POSITION THAT THE AREA MR. JENKINS IS MINING IS IN CONFORMITY TO ZONING UNDER A NON- CONFORMING USE BECAUSE IT WAS USED FOR MINING LONG BEFORE ZONING AND MINING REGULATIONS CAME INTO EFFECT IN THE COUNTY° HE ALSO STATED THAT THE AREA REQUIRED-TO BE BACKFILLED IS MUCH TOO EXPENSIVE TO BE FEASIBLE, ATTORNEY VOCELLE CONTINUED THAT MR, .JENKINS' PROBLEM IS UNIQUE TO THE EXTENT THAT, ALTHOUGH HE MAY BE A VIOLATOR, HE WAS NOT'THE ORIGINAL PRIME MOVER AS FAR AS THE VIOLATION IS CONCERNED; IT GOES BACK TO OTHERS BEFORE HIM. ATTORNEY VOCELLE REQUESTED THAT THE BOARD PERMIT MR. .JENKINS TO MINE IN A DESIGNATED AREA AND ON A LIMITED BASIS, POINTING OUT THAT HE HAS BEEN CLOSED DOWN SINCE APRIL AND IS HAVING TO SELL PROPERTY TO MEET HIS COMMITMENTS, COMMISSIONER LOY ASKED IF ATTORNEY VOCELLE HAD MADE ANY RECOMMENDA- TIONS TO THE MINING REVIEW COMMITTEE. ATTORNEY VOCELLE REPLIED THAT THEY HAD SUGGESTED DEEDING THE LAKE AREA MR, JENKINS HAS DUG EITHER TO THE COUNTY FOR WATER STORAGE OR POSSIBLY TO THE DRAINAGE DISTRICT, BUT IT WAS FELT THIS WAS T00 IMPRACTICAL. HE CONTINUED THAT THEY HAD ALSO GONE TO THE DEPARTMENT OF ENVIRONMENT REGULA- TION IN REGARD TO THE POSSIBILITY OF USING THIS AREA AS A STUMP DUMP, BUT THEY WOULD NOT PERMIT THIS, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE REPORT SETS OUT THE UNANIMOUS DECISION OF THE MINING REVIEW COMMITTEE. HE STATED THAT YEARS WERE SPENT GETTING THESE REGULATIONS TOGETHER AND MINERS ARE BEING REQ UIRED TO COMPLY WITH THEM. HE CONTINUED THAT NO OTHER VIOLATION IN THE COUNTY IS OF QUITE THIS MAGNITUDE; BUT TIRE ARE OTHER MINING OPERATORS SHUT DOWN AT PRESENT; AND HE FEELS WE MUST ABIDE BY OUR REGULATIONS, VICE CHAIRMAN WODTKE NOTED THAT ATTORNEY VOCELLE IS CONTENDING THEY ARE UNDER THE aGRANDFATHER'0 CLAUSE, BUT THE MINING REVIEW COMMITTEE DISAGREES. 'DEWEY WALKER, ZONING DIRECTOR,-INFORMED THE BOARD THAT THE "GRANDFATHER" CLAUSE INVOLVES OWNERSHIP OF PROPERTY, HE STATED THAT HE HAD SEARCHED THE DEEDS AND FOUND THAT MR, JENKINS PURCHASED THE PORTION NEAR 19 Ei�Gt Y _ AUG 18 1976