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Mr. Michael B. Long 2 <br />On March 25, 1992, DMG and the company entered into a settlement agreement <br />regarding the disposition of the NOV. New obligations and required timeframes <br />were imposed regarding the reclamation of the site. In addition, on December 16, <br />1992, the agreement was modified to, for all practical purposes, stay any further <br />action regarding the AOC issue until such time as pending State-initiative rule- <br />making regarding the retention of highwalls was finalized. <br />In the correspondence dated March 10, 1993, AFO indicated its concern regarding <br />the content of the Fruita settlement agreement. The recent legal review of that <br />agreement confirms AFO's stance that the agreement does not conform with <br />Colorado's approved program. Therefore, the temporary stay to the required <br />Federal follow-up inspections is hereby lifted. <br />It is understood that the settlement agreements must be vacated by the Mined <br />Land Reclamation Board. Therefore, in order to give DMG the opportunity to <br />pursue that action, I will hold in abeyance for 45 days from the date of this letter, <br />the follow-up inspection of the Fruita Mine. In addition to obtaining the vacation of <br />the agreements, DMG must issue an enforcement action which requires the <br />restoration of the disturbed areas at the Fruita Mine to their approximate original <br />contour. That action, and the remedial measures incorporated within it, must be <br />accomplished within the requirements of Colorado's currently approved program. <br />The enforcement action must also be taken within 45 days of the date of this letter. <br />At the end of the 45 day timeframe, AFO will conduct the required Federal follow- <br />up inspection of the Fruita minesite. If the AOC violation continues to exist and <br />DMG has not taken an enforcement action within the requirements of the currently <br />approved Colorado program, Federal enforcement action will be taken. <br />cc: Carolyn Johnson, Citizens Coal Council <br />Allen D. Klein <br />Sincerely, <br />