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Mr. Steven G. Renner <br />2 <br />I agree that a thorough investigation must be completed before conclusions <br />can be affirmatively drawn about the cause of the well going dry. I will <br />accept your commitment to take appropriate action if your agency ultimately <br />determines a violation exists. Once the landowner complained directly to the <br />Office of Surface Mining, the AFO Director had an obligation under 30 CFR <br />842.1 1 to invoke the TDN process. At that time, I understand that the well <br />investigation had been underway for about twelve months. Your letter <br />makes it clear that the investigation is still in progress, but not yet finalized. <br />On this basis, I am interpreting your request for informal review to constitute <br />a request for additional time to complete your investigation and determine <br />whether the alleged violation exists as authorized under the TDN regulations <br />at 30 CFR 842.1 1(b)(1)(ii-(B-(4)(ii). <br />Accordingly, before making a final determination in this case I will grant your <br />agency an additional 60 days from the date of this letter to complete this <br />technical investigation in order to bring this matter to closure. Please <br />forward your final response to the TDN to the Acting AFO Director by the <br />time prescribed who in turn is hereby requested to notify me of the results. <br />The AFO is available to provide any assistance you may require. <br />Sincerely, <br />Ed Kay <br />Deputy Director <br />