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Walsh Report at R. 2616, last paragraph. No evidence was presented at the <br />hearing to challenge this conclusion. <br />19. In response to complaints made by Ms. Turner during the period <br />DRMS evaluated the PR -6 application, OSM issued a Ten Day Notice ( "TDN ") to <br />DRMS on April 6, 2010 to investigate Ms. Turner's allegations that Western <br />Fuels - Colorado was operating in violation of the Colorado Coal Program. By <br />letter dated April 23, 2010, DRMS responded to OSM: "Western Fuels — Colorado <br />is in compliance with Permit No. C- 1981- 008." R. 8531, 2nd paragraph. Plaintiffs <br />did not appeal this finding within the 90 day time limit provided by C.R.S. § 34- <br />33- 124(1)(a). DRMS never issued a Notice of Violation, never indicated there was <br />a basis for such a notice, and never followed any of the procedures provided <br />pursuant to C.R.S. § 34 -33 -123. <br />20. In the Plaintiffs' companion citizen suit (10 -CV -367), which was tried <br />in November 2012, Judge Ossola ruled that 20,000 cubic yards of topsoil had been <br />removed from the Morgan property. See Exhibit A at p. 7, last paragraph. Judge <br />Ossola specifically found that the plaintiffs' assertion that 190,000 cubic yards of <br />soil had been removed was not supported by the evidence in the case. Id. Judge <br />Ossola also found that a remedy of ordering Western Fuels - Colorado to import soil <br />from another location was not a practical remedy. Id. at p. 8, 2d paragraph. The <br />100145923 2 ; 10 <br />