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characteristics of the minesite and reclamation procedures, and on- <br />site sediment control practices shall be considered" were not <br />adequately addressed prior to the issuance of the NOV. Had the <br />Division conducted such a review it is our belief that an NOV would <br />not have been written. Apparently, the Division did not understand <br />the role that the on the ground, pit related runoff control <br />employed at Colowyo for over 15 years plays in terms of the overall <br />sediment and runoff control for the minesite. Moreover, had the <br />Division requested the information concerning the in-place drainage <br />control structures, it would have been provided in a form similar <br />to that presented today. <br />Therefore, because no violation existed in the West Pit at the <br />time of the Division's July 14, 1994 inspection, we respectfully <br />request that NOV C-94-015 be vacated. <br /> <br />