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• <br />ROADS BY THE DIVISION <br />a. THE DIVISION BELIEVE. THAT A VIOLATION <br />WAS WARRANTED, AS THE OPERATOR WAS <br />CONTENDING THAT THESESTRUCTURESWERE <br />NOT ROADS AND;.WAS NOT SUBJECT TO <br />PERMITTING REQUIREMENTS <br />2. IN FACT, MCC ISACKNOWLEDGING THE FACT THAT ~e~~ ~-53 <br />THE REFUSE PILE AREA IS A ROAD BY RECENTLY SUb <br />PERMITTING THE ROAD AS A LIGHT-USE ROAD. ~~'~'`~~`~ iu~l,~ <br />THE ONLY CHANGE IS TO GRAVEL THE ROAD. <br />,~~yt~,o1.2'~~yti~~~u~ r~a~ 0~7~ N of ~~ac(ce~ <br />B. RULE 1.04(111) REFERS TO A SURFACE RIGHT-OF-WAY <br />FOR PURPOSESOF TRAVEL BY LAND VEHICLES USED IN <br />COAL EXPLORATION OR SURFACE COAL MINING AND <br />RECLAMATION OPERATIONS. <br />~ur(luv~ n~ I-uu rdS. ~ ~IIVOa~S <br />~, ~,. 1. IF YOU COMPARE THE UNPERMITTED ~'Yr <br />~Lt~ll ~ d~ U2E~ tudti+US ~'~~ <br />~ ~~ ~~~oa~~• ROADS WITH THE PERMITTED ROADS, ~ i a~usS, <br />YOU WILL SEE THERE IS NO DIFFERENCE; l1aµ~~s VUdc~S <br />THEY ARE THE SAME Dv ~~~ <br />IOoivl~~ '~f~ s•`~d~IS Du doh ~ etit~.~ ~iG~2( ~.er <br />CONCLUSION <br />1. THE DIVISION BELIEVES THE ISSUANCE OF THIS NOV WAS <br />PROPERAND JUSTIFIED AND RESPECTFULLY ASKSTHAT THE <br />BOARD UPHOLD THE DIVISION'S DECISION. IF YOU <br />DETERMINE THAT A VIOLATION DID INDEED EXIST, THE <br />BOARD WILL NEED TO ADDRESS THE MATTER OF THE CIVIL <br />PENALTY. <br />QUESTIONS FROM BOARD MEMBERS? <br />TURN IT OVER TO MCC <br />`~ <br />~ih~-S ~' <br />Li/i~ ~ I <br />(~SSISS~- l ~'IYdu~ ~I <br />~,Q~, <br />