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Fred Banta - 3 - August 24, 1990 <br />Based on n4Y review of the situation, and discussions with Mike Savage and <br />Frank Johnson I think there are three possible options which we could pursue. <br />I believe that violations do exist at the site and I also feel that we have <br />given TBM sufficient opportunity to pursue the land use change and we should <br />not wait any longer for them to follow up on this approach. <br />Option 1 <br />File a lawsuit against TBM and get a declaratory judgment regarding the <br />legitimacy of Vance Mill's claim that he is denied access to the site. <br />Option 2 <br />Inspect the site, issue NOV's and follow up with FTA-CO's if not abated. <br />Proceed with show cause order with ultimate goal of permit revocation and <br />bond forfeiture. <br />Option 3 <br />Schedule a Board hearing to consider bond forfeiture. Our case would be <br />based on the fact that the permit has already been suspended by the Board <br />and that the site has not been maintained in compliance with the Board <br />Order which specified that environmental control activities were to <br />continue in accordance with approved plans. <br />I believe that option 3 would be the simplest, most direct approach, and we <br />have scheduled a Formal Public Hearing for the September Board meeting. An <br />inspection will be scheduled prior to the Board meeting to document the <br />conditions at the site. <br />DTM/y j h <br />9672E <br />