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<br />{ <br />Mr. Michael B. Long 3 <br />March 25, 1992, Colorado entered into a settlement agreement with the operator <br />that described the site as a remining operation and authorized retention of the <br />highwall. On November 17, 1992, AFO advised Colorado that the approval was <br />unacceptable because the mining was not a remining operation but involved a <br />continuously mined area and the State program did not include an exemption for <br />continuously mined areas. On December 16, 1992, Colorado modified the <br />settlement agreement based on the future submission of a proposed State program <br />amendment. On March 10, 1993, AFO sent a letter to Colorado advising that a <br />provision of a State program cannot be used until approved by OSM. <br />On May 28, 1993, Ms. Carolyn Johnson sent AFO a letter on behalf of the Citizens <br />Coal Council, San Juan Citizens Alliance, Four Corners Action Group and Western <br />Colorado Congress demanding that OSM revoke the Fruita settlement agreement. <br />Following a June 16, 1993, Solicitor's Opinion regarding the legality of the <br />agreement, AFO sent Colorado a letter on August 6, 1993, requesting that the <br />settlement agreement be voided. The Colorado Mined Land Reclamation Board <br />rescinded the agreement on September 22, 1993. At that time, the State <br />reactivated its NOV. A State Failure to Abate Cessation Order (FTACO) was <br />issued on December 15, 1993. On March 23, 1994, the Mined Land Reclamation <br />Board revoked the interim permit and forfeited the performance bond. The NOV <br />and FTACO remain in effect. <br />For the reasons cited above, AFO is making another finding of an inappropriate <br />response to the original TDN because that TDN has yet to be satisfactorily <br />resolved and the violation remains unabated. <br />As I pointed out in my letter of February 16, 1994, the Division of Minerals and <br />Geology is required by the approved State program to pursue alternative <br />enforcement when a FTACO remains unabated for more than 30 days. Your reply <br />of February 21, 1994, committed to pursuing alternative enforcement. At our <br />meeting of April 22, 1994, you further committed to initiating alternative <br />enforcement. The requirement to pursue alternative enforcement results from the <br />remaining FTACO. In addition, Colorado should take whatever other measures as <br />may be necessary to obtain funding to achieve complete reclamation of the Fruita <br />minesite. <br />If you disagree with this finding, you may request an informal review in accordance <br />with 30 CFR 842.11(b) (1) (ii) (A). <br />Sincerely, <br />Pfobert H. Hage ectc <br />Albuquerqu field ffice <br />