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<br />area where mine subsidence is occurring or has occurred. This is <br />the same conclusion reached by each of three OSM experts <br />reviewing the site conditions and modelling analysis. I concur <br />with their determination. <br />After full consideration of the factors in this matter, I find <br />that the AFO Director properly determined that DMG's response to <br />alleged violation 1 of 3 relating to damage to your residence due <br />to subsidence contained in the ten-day notice constituted <br />appropriate action. Further review of the record for Violation 3 <br />of 3 discloses that DMG forwarded copies of the operator's maps <br />and geologic cross sections along with narrative from the permit <br />as documentation that the operators plan existed. The AFO in its <br />February 4, 1994 letter found this documentation to fulfill the <br />intent of the Colorado program. I concur with AFO's decision in <br />finding that DMG's response to alleged violation 3 of 3 <br />constituted appropriate action. <br />Pursuant to 43 CFR Section 4.1280 - 4.12286, you have the right <br />to appeal this decision within 20 days of the receipt of this <br />decision. To initiate an appeal, you must file a written notice <br />of appeal with the office at the above address, and send a copy <br />of the appeal notice to the Department of the interior, Interior <br />Board of Land Appeals, 405 Wilson Boulevard, Arlington, Virginia <br />22203. Their phone number is (703) 235-3800. The Board will <br />render a final decision on the matter in accordance with <br />applicable regulations. Failure to strictly comply with these <br />requirements may result in summary dismissal of the appeal. <br />Sincerely, <br />Cam` "~,'i~-.c-' <br />Richard J.J. S <br />Regional Director <br />Western Regional Coordinating Center <br />cc: san McCannon, DMG <br />Acting Director, AFO <br />Director, DFD/WRCC <br />Chief, PSD/WRCC <br />i <br />