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Based on the information preseXbelive <br /> the conference, I conclude <br /> the NOV should be vacated. I MCR is contemporaneously <br /> reclaiming the mine site. I freclamation schedule should <br /> be realistically adjusted to rhe current operating <br /> conditions. <br /> NOV C-93-130 <br /> NOV C-93-130 was issued for "Failure to minimize erosion, using <br /> best technology currently available, so as to minimize <br /> disturbance to the prevailing hydrologic balance, topsoil and <br /> vegetation". Larry Routten issued the NOV on September 20, 1993 <br /> from the office. He explained that the NOV is directed at the <br /> outslopes of portal benches at Mine 1, 2, 3, and 4. <br /> Historically, they have been considered as pre-law slopes. <br /> However, the Division is contending that they have been <br /> reaffected resulting from snow removal operations, trash dumping <br /> and discharge from small area exemptions on the 12 and 14 <br /> benches. <br /> MCR contested the NOV. They said a snow removal plan strictly <br /> forbid snow from being deposited over the outslopes. They <br /> claimed no trash was thrown over the side slopes and they were <br /> unaware of discharge from the SAE's. The slopes are erosive, but <br /> the material from they are built are naturally erosive. MCR has <br /> always taken every effort to avoid disturbing the outslopes, <br /> because they are considered pre-law. <br /> I asked to see what type of erosion had occurred, but the <br /> Division had no pictures or other evidence of a violation. I <br /> recommend that the NOV be vacated for lack of evidence. <br /> I should note that MCR has submitted a plan to control erosion on <br /> the outslopes during the reclamation of the benches. <br /> Attachments <br /> cc: Steve Renner <br /> Tony Waldron <br /> Larry Routten <br /> 5 <br />