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49 <br />1 <br />1 <br />t <br />1 <br />1 <br />1 <br />~~:..: .. <br />t <br />1 <br />1 <br />1 <br />1 <br />• • <br />1 wide there. <br />2 MR. D'CONNOR: Okay. Thank you. <br />3 MP.. HEP,NANDEZ : Sure . <br />4 MR. BANTA: So, essentially, what our <br />5 concern was, what we raised is, first of all, that <br />6 the slide or buttr esses were outside of the permit <br />7 areas as indicated by information submitted by Castle <br />B Concrete. Our second question to that we, even if it <br />9 is the permit area, the question is whether that <br />10 activity was approved by the division. <br />11 Castle Concrete has contended what's <br />12 gone on there was normal with respect to maintenance <br />13 operations conducted in mining sites, particularly <br />14 with regard to their obligation to meet MSHA <br />15 requirements to provide berms along roads for safety <br />16 purposes. So Castle had conducted the operation <br />17 under .the p.resumptio.n .that.. there.=,was somethi;n$ .that ........ <br />18 was normal and appropriate within the.coztext of <br />19 maintaining an operation and was within their <br />20 approved plan. <br />21 However, the thing that p~izzled me, <br />22 the reason I decided to go forward with it, the <br />23 allegation, is that at the same time Castle <br />24 approached the division and requested an app roval to <br />25 undertake mitigation, did work at that site to re move <br />MIDYETT REPORTING SERVICE <br />(303) 424-221T <br />