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(Tr.-I, 52-53, 61). However, other ridges in the vicinity of Pit <br />1 are similar to this ridge in its present form (Tr.-II, 289-90, <br />293, 295, 313, 315-18, 398-400; Tr.-III, 448). <br />The notch changed the drainage system of the site in that <br />15 acres of drainage that used to go east into the Canadian Riv- <br />er, now goes through the Bush Draw and into the Canadian River <br />(Tr.-I, 142-43). This change did not significantly affect the <br />drainage system, and the site has positive drainage (Tr.-II, 309, <br />381-82). <br />OSM's position <br />erally the same elev <br />pre-mining condition <br />determined the final <br />surrounding area and <br />the post-mining land <br />is that Kerr must <br />3tion and slope as <br />(Tr.-I, 167-69). <br />contour by making <br />ensuring positive <br />use (Tr.-II, 374- <br />restore the ridge to gen- <br />the ridge existed in its <br />On the other hand, DMG has <br />it consistent with the <br />drainage and support of <br />75, 395-96, 402-03). <br />III. DISCUSSION <br />A. <br />WHETHER OSM LACKED THE AUTHORITY TO ISSUE <br />THE NOTICE OF VIOLATION WITHOUT FZRST GIVING <br />THE STATE THE OPPORTUNITY TO ACT <br />PURSUANT TO THE TEN-DAY NOTICE PROCESS <br />Under the cooperative agreement entered by OSM and DMG, the <br />DMG was given primary authority to regulate mining operations <br />-5- <br />