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US,-31-94 OB:l8AM FROM GOVERNOR'S OFFICE (FAk)866 2004 P005 <br />Issued directly to the company, as allowed under the Federal lands cooperative <br />agreement with Colorado, for those Federal lands Involved in the Pit #t area. A <br />Ten-Day Notice (TDN) was issued to the State at the same time for those fse <br />lands in the Pit #1 area. <br />On June 7, 1994, all parties agreed to temporary relief until August 23, 1994, or <br />until a hearing.could be held on the merits, whichever occurred first. On July 20 <br />through July 22, 1994, a hearing on the merits was held In Denver, Colorado. <br />During the hearing, the Administrative Law Judge (AW) denied the applicant's <br />motion to dismiss on the grounds that the Office of Surface Mining Reclamation <br />and Enforcement (OSM) lacked jurisdiction due to the failure of OSM to first issue <br />a TDIV to the State of Colorado. At the conclusion of the hearing, the ALJ denied <br />all further temporary relief and set new abatement dates. The company must now <br />begin work necessary to return the site to its AOC nu later than August 23, t 99a. <br />All work must be accomplished no later than October 22, 1994. <br />