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Steven G. Renner 2 <br />mining will take place; (2) Dates of mining activities that could cause subsidence <br />and affect specific structures; and (3) Measures to be taken to prevent or control <br />adverse surface effects. Correspondence from the permittee to Grand Mesa <br />Properties subsequent to the December 13, 1984, letter, which was provided by <br />DMG in your TDN response, also does not fully satisfy the three provisions of <br />Colorado Rule 4.20.2. Finally, neither DMG or the permittee has provided any <br />correspondence which documents that the United States Forest Service was <br />provided written Public Notice which satisfies Colorado Rule 4.20.2. <br />DMG issued Notice of Violation (NOV) C-93-112 during the August 12, 1993, <br />inspection to address the lack of appropriate Public Notice described above. DMG <br />subsequently vacated the NOV on October 19, 1993. AFO finds that DMG's action <br />in vacating the NOV is arbitrary, capricious, and an abuse of discretion as the <br />violation still exists. AFO therefore finds DMG's response to TDN 93-020-116-002, <br />violation 1 of 3 to be inappropriate. <br />Violation 2 of 3; Topsoil Storage <br />AFO finds that the approval of Technical Revision No. 63 on July 9, 1993, which <br />included a revised Exhibit 51 as described in DMG's TDN response, provided <br />adequate approval to relocate the soil resources which were cited in NOV C-93- <br />113. AFO therefore finds DMG's response to TDN 93-020-116-002, violation 2 of <br />3 to be appropriate. <br />Violation 3 of 3; Light Use Roads <br />AFO finds that the approval of Minor Revision No. 107 on November 18, 1993, <br />which designates the subject roads as permitted facilities, provides an appropriate <br />response to this violation as the violation no longer exists. AFO, however, further <br />finds that DMG's October 20, 1993, vacation of NOV C-93-114, which required <br />permitting of the light use roads, does not appear to be justified within the <br />requirements of the approved Colorado program. AFO, therefore, requests that <br />DMG provide AFO with the Colorado Mined Land Reclamation Board's written <br />justification for the vacation of NOV C-93-114. <br />If you disagree with the above findings, you may request an informal review in <br />accordance with 30 CFR 842.11(b)(1)(iii)(A). The request may be filed with this <br />office or with the: <br />Deputy Director <br />Office of Surface Mining Reclamation and Enforcement <br />1951 Constitution Avenue, N. W. <br />Washington, D. C. 20240 <br />