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SENT BY~Xerox Telecopier 7021 ~ 9- 6-94 ~ 3~26PM <br />Honorable Roy Romer <br />September 8, 1994 <br />Page 8 <br />3036323604y 303 632 6106# 9 <br />Qaa~~ <br />Similar comments on the progress of the work are in Mr. Price's subsequent inspection <br />reports through January, 1994, when the work was halted by winter weather. <br />Copies of these reports, along with inspection reports for other mines end updated <br />permit documents, were seat to the AFO by the DMG monthly according to the <br />procedures worked out between them. Ken's attorneys reviewed the AFO's files on <br />July 6, 1994. sad found copies of all of Mr. Price's monthly inspection reports for Ketr <br />from 1992 through July of this year. <br />3. Judge Child did not deny Kerr'e Motion to Dismiss for OSM's failure to Isgue <br />a TDN before the NOV, and ez;sting OSM directives already require a TDI~ <br />before an NOV. <br />Regarding OSM's authority to issue the NOV to Kea without a prior Ten-Day <br />Notice to the DMG, the Summary states that the Administrative Law Judge Child denied <br />Ken's oral motion to dismiss at the hearing oa July 20-22, 1994. To the coatrery, Ju~ge <br />Child took that motion under advisement end stated that he would render a decision a~ it <br />in his final written decision in the case. That decision is sot expected before late Octdber <br />at the earliest. <br />muc~. <br />