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Ms. ,Clan!}n Bo}nr[on -Line Camp Pil. • Jwie 8, 1001 Page 1 up-drainage. We have assembled a summary of the Division's rationale concerning the flooding issue and attached it to this correspondence for your convenience and review. The test that an applicant must pass for the Division to make an approval recommendation and the Board to approve an application, where an objection is received, is to minimally satisfy the requirements of the Act and Rules. If an applicant can demonstrate that the application so meets the requirements of the Act and Rules, the Division must recommend approval of the application. If the Board comes to the same conclusion during the public hearing process, the Board must approve the application. In the Line Camp Pit case, the Board made the finding that the Applicant did minimally meet the requirements of the Act, Rules and Regulations, otherwise they would have denied the application. You also indicated that you felt the hearing process was not fair to the objecting parties, since there was no provision in the Order allowing the objecting parties to respond to the Division's final statements. Please be aware that one of the reasons the pre-hearing order is sent to all parties prior to the hearing is so the parties have an opportunity to request that the Board modify the Order, prior to the hearing. The Board, as the first order of business in these types of heazings, seeks input on the Order from all parties prior to making a motion for adoption. Hearing no objection in the case of the.Line Camp Pit application, the Board adopted the pre-hearing Order. Also, as you recall, the Board did allow you to make follow-up comments, outside of the structure of the adopted Order. As a final note, the Attorney General's Oflice, not the Division or the Mined Land Reclamation Board, is responsible for preparation of the draft pre-heazing Order. Thank your for your concern in this matter. Sincerely, Michael B. Director A((achmenL~ DMG'sSummaryAnalysisjorRecommendationofApproval cc: Governor Owens Greg Watcher, DNR Executive Director Tim Pollard, DNR Assistant Deputy Director Bruce Humphries, DMG Wally Erickson, DMG Mark Held, AGO Cheryl Linden, AGO MLRB gawlLoynlon response6-8-01 mbl