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The surface lands in the TLO area aze owned by Oxbow Carbon and Minerals, Inc. ("Oxbow") and <br />have been leased to MCC. None-the-less, MCC obtained permission from Oxbow to place the <br />temporary soil stockpile on their property, as stated in the attached letter. The area of the soil <br />stockpile, as well as MCC's entire TLO facilities, is also contained within Oxbow's permit area, <br />overlapping with MCC's permit area. As such, the stockpile is, in fact, on permitted lands. <br />Furthermore, a more detailed review of MCC's permit azea, as described in Exhibit 2A (see the <br />attached page) reveals that MCC's actual permit boundary is approximately 100 feet outside of the <br />described lands. MCC has measured the location of the actual boundary and verified that the stockpile <br />is within MCC's permit boundary. <br />For the above reasons, MCC respectfully requests that NOV No. CV-98-009 be vacated. <br />Please contact me should you have questions. <br />Sincerely, <br />,~~c~~~~~-~1l%l~~ <br />Kathleen G. Welt <br />Environmental Supervisor <br />cc: Larry Routten, CDMG <br />Jim Burnell, CDMG <br />Gene DiClaudio, MCC <br />Christine Johnston, MCC <br />Phil Schmidt, MCC <br />