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"Therefore, applied to the specific facts here, the <br /> application of res judicata comports with the relevant purlc <br /> policy goal in each agency' s enabling legislation --- <br /> nonpolluting mining operations. In addition, it will spare the <br /> operator of duplicitous prosecutions from overlapping agencies. " <br /> Accordingly, I would affirm the trial court's judgment. <br /> 14 <br />