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r <br />undisturbed areas. Thus, the sediment placement near the shop <br />and at the grizzly pad cited in the NOV was done by water. As <br />for culvert-12, the mud and coal slurry from the facilities yard <br />and coal stockpile were carried by water through the culvert onto <br />undisturbed land. Accordingly, the NoV was properly issued. <br />Lastly, contrary to P&M's argument, Exhibits 4.6-21 and <br />4.6-23 show that the areas referenced in the NOV are either <br />labeled undisturbed or reclaimed. Thus, the areas in which coal, <br />coal fines, mud, and slurry were deposited were not authorized <br />for disturbance. <br />The Division respectfully requests that the Mined Land <br />Reclamation Board affirm NOV C-93-026 and deny the relief sought <br />by the Applicant. <br />GALE A. NORTON <br />Attorney General <br />TIMOTHY M. TYMKOVICH <br />Solicitor General <br />PATRICIA S. BANGERT <br />Deputy Attorney General <br />JERRY W. GOAD <br />First Assistant Attorney General <br />i <br />' ~' ~ ~~ <br />l - - ~ ~ ~ ~ ~ ~-~ ~ -- <br />CHERYL A: LINDEN, 14185* <br />Assistant Attorney General <br />Natural Resources Unit <br />-4- <br />