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<br />November 6, 1991 <br />Page 3 <br /> <br />accordance with the requirements of the NOV. Because the design of <br />the road already met the performance standards for haul roads set <br />forth in the regulations, TR-08 proposed no on the ground changes <br />to the design or operation of the road. The MLRD reviewed the <br />application, determined that it complied with the applicable <br />regulations and issued a decision to approve TR-08 on October 23, <br />1991. <br />PROCEDURAL STATUS <br />On September 27, 1991 SMC received notice from the MLRD that <br />a formal public hearing would be held on October 16, 1991 in <br />response to a request filed by Ms. Linda White on behalf of Mr. and <br />Mrs. Andrew Moschner ("the Objectors"). The notice stated that the <br />hearing would be conducted pursuant to Rule 5.03.5, which allows <br />parties who have an interest that may be adversely affected by the <br />issuance of a notice of violation, to request a review by the Board <br />and a hearing to enable the party to present information relating <br />to the issuance of the notice. In accordance with the requirements <br />of that rule, the MLRD was directed to conduct an investigation of <br />the circumstances of the NOV and prepare a report to the Board at <br />the October 16 hearing. <br />A formal hearing was convened late in the afternoon on October <br />16 and the MLRD summarized the results of its investigation <br />including a video taken without SMC's knowledge and presented a <br />