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<br />November 6, 1991 <br />Page 2 <br /> <br />acknowledgement of the Mined Land Reclamation Division ("MLRD"), <br />(see letter from Dan Mathews dated November 5, 1982) and that such <br />utilization would continue. In addition, SMC noted that the road <br />was designed, constructed and operated in accordance with the more <br />stringent standards applicable to coal haul roads as set forth in <br />Rule 4.03.1. Thus upon completion of the permit transfer, SMC <br />commenced receipt, storage and loading of coal from other mines in <br />the area. <br />Following an inspection on July 25, 1991, the MLRD issued NOV <br />No. 91-013 alleging utilization of a designated access road as a <br />haul road. Neither the NOV nor the inspection report reflected any <br />violation of design or performance standards, and in fact noted <br />that "sediment control along the haul road appeared to be in good <br />condition". However, despite the historic utilization of the road <br />as a haul road and the MLRD's acknowledgement of such use, the <br />previous operator had not formally designated such use in its <br />operating plan and SMC, as successor to the permit, was issued a <br />violation. The NOV required SMC to submit a Technical Revision to <br />the permit application prior to August 12, 1991 to modify the <br />permit to reflect the haul road. The NOV also required SMC to <br />obtain approval of the technical revision within 60 days, however <br />this deadline has been extended to accommodate these proceedings. <br />SMC chose not to contest issuance of the NOV and submitted an <br />application on Auqust 8, 1991 for a technical revision (TR-O8) in <br />