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,_ <br />Based upon our interpretation of the Colorado Regulations, The <br />Division believes that it has the flexibility and authority to <br />take whatever form of alternative enforcement which it deems <br />appropriate. In this instance, as contemplated by the <br />Regulations and the Statute, we will proceed to forfeit the <br />Fruita performance bond. This action is consistent with Federal <br />Regulations and the OSM Directives. <br />Our immediate plans are to proceed with bond forfeiture, most <br />likely at the March, 1994 Mined Land Reclamation Board meeting. <br />Following the forfeiture, the Division will proceed to accomplish <br />a technical reclamation evaluation of the Fruita mine site. This <br />evaluation will include a feasibility analysis regarding complete <br />highwall elimination. If the forfeited bond is insufficient to <br />accomplish the reclamation goals outlined in the technical <br />analysis, the Division will pursue other alternatives available <br />at that time. <br />Colorado believes that its actions are appropriate in regard to <br />this matter, and that they conform to the requirements of the <br />Colorado program. We believe that the flexibility built into the <br />Colorado Rules was established so that situations such as this <br />could be addressed in a manner which accomplishes environmental <br />remediation while penalizing non-compliant operators through an <br />appropriate alternative enforcement mechanism as selected by the <br />State in order to satisfy site specific reclamation needs. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />Michael B. L <br />Director <br />CC: Steven Renner <br />Steven Brown, Assistant Attorney General <br />M:\wp51\afofruit <br />