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OSM's responsibility at this point is to determine whether or not DMG has been azbitrary, <br />capricious, or abused their discretion under the approved State program. The test to be applied is <br />not what OSM would do in the matter, but whether or not DMG has acted within the scope of its <br />approved program. Therefore, OSM finds DMG has shown good cause for not writing a <br />violation. <br />If you have any questions regazding this matter, please contact Mitch Rollings at 303-844-1445. <br />Mitchell S. Rollings <br />Regulatory Program <br />Denver Field Division <br />enclosure <br />cc: Mountain Coal Company <br />Mr. And Mrs. Larry Mautz <br />