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issued because the Trout Creek water pump disturbance area had no <br />sedimentation control practices in place and that drainage was <br />flowing directly to Trout Creek. The NOV met the standards set <br />by statute for giving the basis for the violation. P&M was on <br />notice that the inspector had determined that this area was a <br />disturbed area; a recitation of all of the supporting facts is <br />not required. <br />Lastly, contrary to P&M's argument, the basis for the NOV <br />was not causing additional contributions of suspended solids to <br />the streamflow or to runoff outside of the permit area. Rather, <br />the statute requires operators to minimize impacts to the <br />hydrologic balance by conducting the mining operation to prevent <br />additional contributions. Thus, the basis for the NOV was a <br />failure to take such preventive measures. <br />The Division respectfully requests that the Mined Land <br />Reclamation Board affirm NOV C-93-023 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 />-4- <br />