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-2- <br /> MCR has a long and well documented history of road maintenance failings, and <br /> road maintenance is the issue that MLRD inspectors have focused on; embankment <br /> stabilization and sediment control have not been an inspection focus since <br /> those issues were addressed at the permitting stage and specific, enforceable <br /> stabilization/sediment control measures were not imposed. I believe that, in <br /> numerous locations , revegetation, sediment basins, silt fencing, or other <br /> measures could be employed to stabilize slopes and minimize siltation and that <br /> failure to implement such measures violates the performance standards cited in <br /> the NOV. I also recognize, however, that the approved interim reclamation <br /> plan contains provisions which would appear to be inconsistent with the cited <br /> performance standards . It is my feeling that a permit modification is <br /> warranted and that corrective action should be required of the operator to <br /> effect compliance with the performance standards in a timely manner, <br /> regardless of whether the NOV is upheld or vacated. <br /> cc: Steve Renner <br /> 0306F/scg <br />