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15 <br />1 know whether Basin has abated the NOV or not? <br />2 MR. BERRY: We have not conducted a <br />3 follow-up inspection, and we have not verified <br />4 abatement of the NOV. <br />5 MR. ANDERSON: Okay. Nonetheless, it's <br />6 the division's current position that there is no <br />7 violation of the Coal Act or coal mining <br />8 regulations or the permit for the Golden Eagle Mine <br />9 based on the facts described in your coal <br />10 inspection report? <br />11 MR. BERRY: It's our position -- <br />12 MR. BROWN: I object to that question as <br />13 leading. The coal inspection report says what it <br />14 says, and we withdrew the NOV -- this is Steve <br />15 Brown for the division. The division withdrew the <br />16 NOV based on the citizen who had filed the <br />17 complaint asking that we withdraw the NOV, and we <br />18 will stand on the reasons we stated in vacating the <br />19 NOV. <br />20 MR. ANDERSON: Mr. Berry, during the <br />21 March hearing, Mr. McCulloh asked you the question, <br />22 "So then there is no violation?" And you <br />23 answered, "In our opinion this agency has no <br />24 violation to pursue." Do you remember that <br />25 discussion? <br />