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<br />16 <br />1 is a question to Fred and to Frank, can we do that? Can we issue <br />2 a Board Order in this proceeding if we don't find an N.O., <br />3 MR. JOHNSON: Yes. <br />4 MR. O'CONNOR: And if that's the case, then doesn't <br />5 that protect us because if they don't follow that, then we can <br />6 bring them back for failure to follow on Board Order? <br />7 CHAIRMAN DANIELSON: Well,-- <br />8 MR. JOHNSON: Well, maybe. I think I spoke to soon. <br />9 Z think to modify the permit upon the findings of a violation is <br />10 essential and in this case we would be--want to amend the permit <br />11 without finding the violation. If you give me a minute. <br />12 MR. O'CONNOR: Let me just say as art of an objection <br />13 here, mp principal objective is to get this mess cleaned up and <br />14 cleaned up in a responsible and reasonably sound manner and do it <br />15 in as reasonably 4uickly as we can do. <br />16 CHAIRMAN DANIELSON: Are you paid up? <br />17 MR. JOHNSON: I just want to address one thing to this <br />18 discussion is under the APA one of the things that you need to do <br />19 in making this decision, it says that each decision shall include <br />20 a statement of finding and conclusions upon all the material <br />21 issues of fact while discussions presented by the record. <br />22 And I think that if I understand your proposal is that <br />23 there-- we see some facts demonstrating damage to the hydrologic <br />24 balance and a number of things like that but yet don't want to <br />25 find a violation. <br />