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<br />November 6, 1991 <br />Page 4 <br />detailed written report to the Board entitled "Investigation into <br />the circumstances of the Issuance of Notice of Violation 91-013 <br />Issued to the Somerset Mine" dated October 4, 1991 ("the MLRD <br />Report"). Ms. White and Mr. Moschner made presentations and the <br />hearing was continued, prior to SMC's response, until the November <br />monthly meeting without further action by the Board. Subsequent <br />to the hearing, the Objectors have filed objections to the MLRD's <br />decision to approve TR-O8. Therefore, in our view, the matters <br />which are before the Board at its November hearing are governed by <br />Rule 5.03.5 with respect to issues surrounding the NOV and Rule <br />2.08.4 (5)(b) with respect to consideration of the objections to <br />the MLRD's decision to approve TR-08. Accordingly, the potential <br />decisions which are before the Board are to affirm, modify or <br />vacate the terms of the NOV pursuant to Rule 5.03.5(4) and to <br />render a final decision regarding TR-08 pursuant to Rule <br />2.08.4(5)(b)(ii). <br />ARGUMENT <br />1. The Board should affirm the abatement requirements set forth <br />in NOV 91-013, accept the results and conclusions of the MLRD <br />Report and find that SMC has complied fully with the abatement <br />requirements set forth in the NOV. <br />The NOV was issued after a thorough, unannounced inspection of <br />the operation on July 25,1991 by an MLRD inspector. The MLRD <br />inspection report indicates that the facility was fully inspected <br />