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DRAFT <br />Minutes, September 22-23, 1993 Subject To Board Approval 40 <br />involves the transporting, loading or switching of water. She <br />said that her opinion was that there was an intentional <br />activity planned for this area and that whether the road went <br />through it was not an issue. Ms. Stewart said that at this <br />time, she had not been provided with evidence which indicated <br />that the Division's decision should be overruled. <br />In response, Mr. Paul asked Mr. Erickson to read, from the <br />Regulations, the definition for a road. Mr. Erickson <br />referenced Page 29, Section 104, Item 111 and read the <br />definition. "A road means a surface right-of-way for purposes <br />of travel by land vehicles used in coal exploration or surface <br />coal mining and reclamation operations, etc.". <br />The Board briefly deliberated on the issue among themselves. <br />It was MOVED that the Board uphold the Division's decision. <br />SECONDED. <br />During further deliberations, Board Member Kraeger-Rovey said <br />that her opinion was that the vegetation had performed <br />functionally to contain runoff about as effectively as a <br />sediment pond. Board Member Danni discussed a concern that <br />the problem was not addressed during previous inspections by <br />the Division. Staff answered questions from the Board. <br />The Motion was TIED 2 for (Stewart and Jouflas); 2 against <br />(Rraeger-Rovey and Danni); Danielson was not present for the <br />vote. <br />Mr. Long said that in the past, when votes have been tied, the <br />Board re-voted or continued the matter to the next hearing and <br />reheard the matter. Board Member Stewart said that if the <br />matter was continued, it would be heard in its entirety or the <br />absent Board Members would be asked to listen to the tapes <br />prior to the .next hearing. <br />In response to a question from the Board, Mr. Paul stated that <br />he would like for the Board to continue the matter to the <br />October 1993 Board Meeting and for the absent Board Members to <br />listen to the tapes of this hearing prior to the next hearing. <br />Staff said the Division would not object to continuing this <br />matter to the October 1993 Board Meeting and allowing the <br />other Board Members to listen to the tapes of this hearing. <br />