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ATTORNEY COLLINS INFORMED THE BOARD THAT SOME OF THE DUMPING INTO THE LAKE MAY NOT BE WITH FILL THAT COMES FROM THE SITE. SOME OF THIS MATERIAL MIGHT CONSIST OF BLOCK, ROCK, ASPHALT, ETC., AND MR. JENKINS WOULD GET CREDIT FOR IT. j i NELSON HYATT OF THE MINING REVIEW COMMITTEE SAID IT -WAS HIS.UN- DERSTANDING THAT THE FILL REQUIREMENTS WOULD BE MET FIRST AND THEN THE PROCEDURE WOULD FOLLOW. HE NOTED THAT THERE WAS ACTUALLY AN 150' STRIP IN j VIOLATICN, BUT THE COMMITTEE ONLY STIPULATED THAT 40' NEED BE FILLED IN BEFORE MINING OPERATIONS COULD BE RESUMED. ATTORNEY COLLINS STATED THAT HE DOES NOT ANTICIPATE DISMISSING I THE INJUNCTION SUIT, AND IF MR, JENKINS DOES NOT COMPLY, WE HAVE THE IMME- DIATE VEHICLE TO SHUT HIM DOWN COMPLETELY. THE ONE -IN -FOUR LOADS ARRANGE- MENT WAS A COMPROMISE TO GET HIM BACK IN BUSINESS - GET THE RACETRACK TORN DOWN AND THE PROPERTY REZONED, THE ATTORNEY NOTED THAT MR. JENKINS WILL BE ABLE TO MINE DURING THE ZONING PROCESS BECAUSE HE HAS A LEGAL ARGUMENT AS TO A PRE-EXISTING SITUATION, BUT HE WILL BE MAKING THE ZONING APPLICA- TION AND THE PERMIT APPLICATION AT THE SAME TIME. I COMMISSICNER LOY ASKED WHAT ASSURANCE WE HAVE' THAT MR, JENKINS WILL COMPLY. ATTORNEY JACKSON POINTED OUT THAT THE SUIT HAS NOT BEEN DISMISSED, AND THE OPERATION CAN BE STOPPED IMMEDIATELY; EVERYTHING MUST BE FLAGGED; AND MR, WALKER WILL WATCH THE OPERATION VERY CAREFULLY. ADMINISTRATOR JENNINGS INQUIRED ABOUT THE METHOD THAT WILL BE .. i USED TO MONITOR THIS OPERATION, NOTING THAT IT WILL REQUIRE EITHER ALMOST f i CONSTANT SUPERVISION OR POSSIBLY CROSS -SECTIONING OF THE PIT. DISCUSSION FOLLOWED IN REGARD TO DIFFERENT WAYS OF DETERMINING j THAT ONE OUT OF FOUR LOADS ARE DUMPED IN TO FILL THE AREA IN VIOLATION, 1 AND IT WAS GENERALLY FELT IT WOULD HAVE TO BE MORE OR LESS A GOOD FAITH ARRANGEMENT. I ATTORNEY COLLINS SUGGESTED IF THE BOARD IS SATISFIED WITH THE BASIC CONCEPT THAT HE AND ATTORNEY JACKSON REDRAFT THE STIPULATION AND RE- SUBMIT IT. ADMINISTRATOR JENNINGS ALSO SUGGESTED THAT MR. JENKINS GET THE DER TO SPECIFY EXACTLY WHAT CAN BE DROPPED IN THE LAKE AS FILL, AND IF A PERMIT CAN BE OBTAINED, POSSIBLY SOME OF THE BUILDINGS THAT WILL BE TORN DOWN COULD BE DROPPED IN WHICH WOULD SAVE LANDFILL AREA. . I f 1977 rt9 44.