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.~ .~_ <br />in the Colorado Rules. Because this is an important programmatic <br />issue for Colorado, the Division is requesting an informal review <br />of the Albuquerque determination. <br />However, in accordance with the agreement Colorado reached with <br />OSM at our meeting of April 22, 1994, the Division will refer <br />this matter to the Colorado Office of the Attorney General for <br />further action within the next seven days. Specifically, the <br />Division will request that the Office of the Attorney General <br />review the record to determine whether a suit to compel complete <br />highwall elimination is warranted under Colorado statute. It is <br />my understanding that the Office of the Attorney General will <br />determine whether the record can support such a suit, and if so <br />will draft a complaint. This is apparently the process which the <br />OSM and the Department of Justice follow in Federal matters. <br />Based upon our conversation on Monday, May 2, 1994, I understand <br />that this commitment will stay the need for further Federal <br />involvement at the Fruita Mine. If my understanding is <br />incorrect, please contact me immediately so that Colorado may <br />further pursue its right to appeal. <br />Please contact me if you have questions or comments. <br />Sincerely _--~ <br />'Steven (G-Benner <br />Coal Program Supervisor <br />CC: Michael B. Long <br />Cheryl Linden, Assistant Attorney General <br />C:\frtalgl <br />