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<br />Mr. AI Kline -3- <br />Assistant Director, Field Operations <br />OSMRE <br />March 15, 1993 <br />issue Federal enforcement actions. Rather, the Field Office should issue the State aTen- <br />Day Notice which details what regulatory provisions are compromised by the State NOV. <br />The issuance of the TDN then allows the State the opportunity to evaluate the Field Office <br />concerns and respond appropriately. It also allows for a dispute resolution mechanism by <br />opening the appeal process to the Deputy Director if the Field Office is dissatisfied with <br />the State response. <br />Alternatively, if a Field Office is concerned that a State NOV is inappropriate, the State <br />should have the opportunity to request that the Deputy Director immediately review the <br />State action and the proposed Federal response in light of the existing record. In either <br />case, direct intervention by the Field Office is inappropriate without the State having the <br />ability to have the Field Office decision reviewed by Headquarters. <br />I look forward to our March 23, 1993 meeting. I am hopeful that we will be able to <br />resolve this and other concerns at that time. <br />Sincerely, <br />Steven G. R ner <br />Coal Program Supervisor <br />SGR/scg <br />CC: Michael Long <br />Doug Larson, WIEB <br />W. Hord Tipton <br />Bob Hagen <br />M:COAL\afonov <br />