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44 <br /> • • <br /> 1 So based on that, the second question <br />' <br /> 2 I had was, well, did this activity take place within <br />' 3 what would be called the permit area, ar~d what I <br /> 4 pulled was the most recent maps that were submitted <br /> <br /> S by Castle Concrete which identified what the permit <br /> 6 area is. And when you compare the Obering report <br /> 7 with the boundaries that were submitted by Castle <br />' 8 C <br />t <br />thi <br />i <br />i <br /> oncre <br />e, <br />s act <br />v <br />ty took place outside of the <br />' 9 permit area. So that was the fundamental reason for <br /> 10 going forward on the allegation that there was <br />' 11 violati <br />f th <br />it <br /> on o <br />e perm <br />. <br />' 12 Second to that is that it's apparent <br /> 13 to us that the areas that we're talking about here <br />' 14 the 4 -- 1 <br />2 <br />3 <br />d 4 id <br />tifi <br />d i <br />th <br />Ob <br />i <br /> , <br />, <br />, an <br />en <br />e <br />n <br />e <br />er <br />ng <br />' 15 report are not areas that were engineered and have <br /> 16 not been maintained in the way that wou13 be <br />=~ 17 consistent w <br />it <br />h the <br />Mined <br />Larid <br />Reclama <br />tion <br />ACt <br />• dn <br />:. . <br />. <br />:: <br />. <br />: <br />. <br />.; <br />:.._ <br />.:,. <br /> 18 particular, when you look at Slide No. 1 as is <br /> 19 presented in the Obeying report, the slide or <br />' 20 buttress <br />whatever <br />ou want to call it <br />zas moved <br /> , <br />y <br />, . <br />' 21 downslope, has crossed drainage and has impounded <br /> 22 water. From that standpoint alone, we believe what <br /> 23 you have is violation of Section 116 which states <br />' 24 that operation should be conducted in such a manner <br /> 25 to minimize disturbance to the hydrologic= balance and <br />1 <br /> MIDYETT REPORTING SERVICE <br /> (303) 424-2217 <br />