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<br /> <br />Mr. Michael B. Long 2 <br />that time, unless DMG can demonstrate that other measures have been taken to <br />reclaim the highwalls, AFO will inform the State in accordance with the Office of <br />Surface Mining Reclamation and Enforcement Directive INE-35, Part 4.c(2)(g) that <br />failure to implement action to correct the violation has caused the response to be <br />inappropriate and that a Federal inspection will be ordered unless DMG appeals <br />under 30 CFR 842.11(b)(1)(iii)(A). <br />I would recommend that prior to DMG taking final action on the pending application <br />that we meet to discuss the current status of the Fruita minesite and the possible <br />ramifications of DMG's actions as noted above. <br />If you have any questions concerning this matter, please contact Stephen Rathbun <br />or me at (505) 766-1486. <br />Sincerely, <br />~`~`.~- <br />Ro ert H. Hagen, Di ctor <br />Albuquerque ~tl,4ffice <br />