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United States Department of the Interior OFFICE OF THE SOLICITOR DIVISION OF SURFACE MINING P.O. BOX 25007 DENVER FEDERAL CENTER DENVER, COLORADO 80225 May 22, 1987 OSM.SW.9950 Fred R. Banta Supervisor, Coal Program State of Colorado Department of Natural Resources Mined Land Reclamation Division 423 Centennial Building 1313 Sherman Street Denver CO 80203-2273 .'a Leo .~ _ n~ .~ i' ,'-~V n., 047 '?cr~I a1~G-nnV DJV!Stp?t Re: Your Letter of May 1, 1987, Regarding La Plata Mine Cessation Order Dear Mr. Banta: I am responding to your letter of Iday 1, 1987, in order to clear up any confusion which may have resulted about the opinion which you attribute to the undersigned. By way of summary, you indicate that the Office of Surface Mining Reclamation and Enforcement refused to vacate the above cessation order on the basis of a legal opinion rendered by me. I wish to advise you that, as of the date of your letter, I received no such request from OSMRE to render a legal opinion on the validity of the cessation order and have provided no such opinion to OSMRE. I wish to further advise that, even if I had rendered such an opinion, the opinion would be subject to the attorney/client privilege and could not be disclosed to third parties. If we are requested to do so, this office will advise OSMRE on the legal issues raised in your letter. Final action on the cessation order will, however, rest with appropriate officials of our client agency. If you have any further questions concerning the cessation order, please contact Robert Hagen. Si cere y, ~, ~/ Stuart A. Sanderson Officer in Charge Western Field Operations cc: Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office, Attention: Robert Hagen Office of Surface Mining Reclamation and Enforcement, Denver CO, Attention: Ray Lowrie John Kunz, Attorney, Western Field Operations, Denver CO