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<br />Steve Renner, Michael Long - 4 - <br />September 16, 1993 <br />Contrary to MCC's assertion, the areas are clearly described in the Division <br />inspection report and the NDV. These areas constitute well defined, often <br />used, heavily worn, and/or graded road locations. They area "surface <br />right-of-way" used by land vehicles. These roads are well defined features <br />used for many purposes including the monitoring of facilities, etc. They are <br />clearly identified in aerial photos. In fact, MCC is currently permitting <br />one of the roads in question, and the only proposed change will be to add <br />gravel. <br />The exemptions cited by MCC for construction roads, pioneer roads and public <br />roads are improperly referenced, referenced without the latter part of the <br />pertinent regulation text, and are not relevant to the roads cited in the <br />violation. We believe the cited features are roads, and should be permitted <br />as such. <br />DAB/CEJ/amm <br />8813E <br />