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~: <br />;_ <br />Mr. David C. Shelton <br />September 24, 1985 <br />Page - 2 - <br />of the Mine 3 Permit Application. Thus, CYCC's soil stabili- <br />zation practices in the form of contour furrowing and chisel <br />plowing were undertaken in a timely fashion based upon any <br />reasonable application of the regulations at Rule 4.15.4(1), <br />4.06.4(2)(D) and 4.06(2)(S)(B) and (C). Accordingly, CYCC <br />believes that no violation occurred and consequently no penal- <br />ty should be assessed in connection with the subject NOV. <br />CYCC also objects to this NOV on the grounds that all <br />soil stabilization measures were in fact completed prior to <br />the issuance of the violation. As such, CYCC maintains that no <br />factual basis for the issuance of an NOV even existed at the <br />time that it was written by the Division's representative. <br />Consequently, the NOV must be vacated. <br />CYCC further reserves the right to supplement the written <br />grounds for its objection to the subject NOV by submission of <br />additional written materials in advance of the hearing on this <br />request before the Board. <br />We thank you for your attention to this matter and look <br />forward to hearing from you with respect to the date set for <br />the Board hearing. <br />Very truly yours, <br />Mic el S. Mc <br />MSM/pgd <br />Enclosure <br />