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<br /> <br />November 6, 1991 <br />Page 10 <br />comprehensive review and approval in the near future. Contrary to <br />the assertions by the Objectors, such a process will require a full <br />review and a determination by MLRD as to compliance of the proposal <br />with all applicable provisions of the statute and regulations. <br />CONCLUSION <br />The abatement provisions set forth in NOV 91-013 are entirely <br />consistent with the NOV as issued and the evidence in the record of <br />this proceeding. Accordingly, the Board should affirm the NOV and <br />the abatement requirements as issued by the MLRD. In accordance <br />with those requirements, SMC has submitted a technical revision <br />which meets all of the requirements applicable to such a <br />submission, and the MLRD has reviewed and proposed approval of the <br />document. The Objectors have identified no deficiency under <br />applicable regulations and therefore no basis upon which to deny <br />the application. Therefore, the Board should render a decision <br />approving TR-08 to Permit No. C-81-022. SMC has set forth these <br />findings in a proposed Board Order attached hereto. <br />Respectfully Submitted <br />PARCEL, MAURO, HULTIN & SPAANSTRA, P.C. <br />~~ <br />~ ~ ~-~ <br />~~w ,, ~~ <br />Dean R.~Mass <br />Attorneys f Pr Somerset Mining Company <br />DRM:zm <br />