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Oda <br />~ . _, <br />Mr. Robert Hagen - 2 - May 27, 1991 <br />Additionally, when reclamation is complete, MLR will forfeit the remaining <br />550,000.00 bond and enter the permittee into the applicant violator system. <br />As the compliance agreement substantially complies with the intent and <br />language of 30 CFR 800.50, and the Colorado Rules, our response to the Ten-Day <br />Notice cannot be arbitrary and capricious Therefore, Colorado has, in fact, <br />responded appropriately to the Ten-Day Notice by documenting to the AFO why <br />the operator is in compliance with the Agreement and thus the Rule cited. <br />Regarding the framework and terms of the compliance agreement, we regard this <br />document as an alternative enforcement tool, There is no Federal guidance <br />pertaining to the development and implementation of alternative enforcement in <br />this type of situation. Therefore, Colorado was forced to rely on its own <br />resources to develop and implement a mechanism to achieve the goals of the <br />State and Federal Statutes. The agreement was negotiated using the advice of <br />the Attorney General, and was approved by the Colorado Mined Land Reclamation <br />Board prior to its implementation. The AFO was provided with a copy of the <br />agreement prior to a September, 1990 site inspection. <br />Based upon the foregoing discussion, MLRD requests that the Deputy Director <br />reverse the AFO determination, and find that the Colorado response to the <br />Ten-Day Notice is appropriate. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />Steven enter <br />Coa rogram Supervisor <br />/yjb <br />cc: Fred Banta <br />Jim Stevens <br />5890E <br />