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<br />The fact that different interpretations of Figure 2.05.4(A) have <br />been made indicates that there is some ambiguity in the approved <br />plan. This ambiguity needs to be resolved. Accordingly, MLRD has <br />notified the operator that a permit revision is required to clarify <br />the time frames of the reclamation plan. <br />However, since the operator was acting in compliance with the <br />approved permit plan, there was no violation of a permit condition <br />or the State regulations. Colorado Rule 4.14(1)(d) requires that <br />disturbed areas be "backfilled and graded in accordance with the <br />time schedule approved by the Division as a condition of the <br />permit". The operator has acted in accordance with the time <br />schedule approved by the Division. Therefore, an enforcement <br />action is not warranted As such, our response to the Ten Day <br />Notice was appropriate. <br />Based on the foregoing discussion, MLRD requests that the Deputy <br />Director reverse the AFO determination, and find that MLRD's <br />response was appropriate. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />/~ <br />~`/ l <br />Steven G. Renner <br />Coal Program Supervisor <br />cc: Dave Bucknam <br />Larry Routten <br />C:\wp51\lpr <br />