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OF THE FIRST QUESTIONS THE PLANNING & ZONING COMMISSION ALWAYS ASKS IS <br />WHETHER THE PLAN HAS BEEN REVIEWED AND APPROVED BY THE MINING REVIEW <br />COMMITTEE. HE CONTINUED THAT THE PLAN WAS APPROVED, AND THEY WERE ALLOWED <br />TO GO DOWN TO 23'. UPON REVIEWING THE SITUATION NOW, IT APPEARS THEY <br />ARE ALMOST 10' BELOW THE 23' WHICH WAS APPROVED. ATTORNEY BROWN.STATED <br />HE FEELS THERE ALSO MAY BE A QUESTION ABOUT WHETHER THEY ARE MINING MORE <br />THAN THEY ARE SUPPOSED TO BECAUSE IT LOOKS LIKE MORE THAN IO ACRES, • <br />THOUGH YOU CAN'T TELL JUST FROM LOOKING AT IT. HE CONTINUED THAT YOU CAN <br />STOP THE OPERATION, BUT IT MUST BE AFTER DUE NOTIFICATION AND AFTER <br />DETERMINING THE REASONS FOR NONCOMPLIANCE. HE DID NOT BELIEVE THE COUNTY <br />ADMINISTRATOR HAS GIVEN FORMAL DUE NOTIFICATION OF WHAT THE PROBLEM <br />IS. ATTORNEY BROWN FELT IN ORDER TO FULLY PROTECT THE COUNTY, WE SHOULD <br />NOTIFY THEM IN WRITING THAT OUR SURVEY INDICATES THAT THEY ARE OVER 9' <br />BELOW THE SITE PLAN APPROVED AND GIVE THEM A CERTAIN NUMBER OF DAYS <br />TO ESTABLISH OTHERWISE. HE CONTINUED THAT IF THEY DON'T,THEN YOU CAN. <br />GO AHEAD AND DO A CEASE AND DESIST. IN THE INTERIM PERIOD, THEY CAN <br />APPEAL IF THEY WISH TO. HE NOTED THERE ARE OTHER REMEDIES BECAUSE IT IS <br />A MISDEMEANOR AND YOU CAN FORFEIT THE BOND, HE DID NOT KNOW IF THE <br />BOARD WISHED TO USE THE ALTERNATIVE OR JUST WANTED THEM TO RECTIFY THE <br />DAMAGE THAT ALREADY HAS BEEN DONE, <br />COMMISSIONER LYONS ASKED IF THE HYATT OPERATION HAS BEEN <br />FOLLOWING REPORTING PROCEDURES. <br />ZONING DIRECTOR WALKER STATED THAT THEY HAVE BEEN. HE NOTED <br />THAT HE HAS FIVE DIFFERENT FILES ON THIS ONE OPERATION. <br />COMMISSIONER SIEBERT ASKED WHEN THE LAST REPORT WAS MADE, <br />MR. WALKER STATED THAT IT WAS .JANUARY 12, 1978 AND THEY ALSO <br />HAVE A PROGRESS REPORT FOR 1978, THESE PROGRESS REPORTS MUST BE MADE <br />BEFORE OCTOBER 1ST OF EACH YEAR, AND THAT WAS DONE. HE CONTINUED THAT <br />•tip THE ZONING DEPARTMENT IS FOLLOWING PROCEDURES AND DOES GO UP PERIODICALLY <br />AND TAKE PICTURES, AND THE ONLY QUESTION THEY HAVE IS THE DEPTH OF THE <br />POND. AS TO THE SIZE OF THE OPERATION, HE COMMENTED THAT MR. HYATT HAS <br />AN OPERATION WHERE HE HAS SEPARATED TWO SIDES AND THEY ARE DAYLIGHTING <br />THROUGH. <br />34 <br />APR 4 1979 <br />BOOK 39 eAcE388 <br />