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Y <br />Steven Renner 3 <br />which the facts are known or provide other corroborating evidence. Mr. Tatum has <br />met these criteria, yet, DMG's position appears to be that the complainant must <br />conduct his own investigation before DMG conducts an investigation. AFO finds <br />the DMG response to violation 2 of 3 of this TDN to be arbitrary and capricious <br />and therefore inappropriate. <br />TDN 93-020-370-005, violation 3 of 3, was issued for failure to provide a detailed <br />operations plan of the proposed (or actual) underground workings. AFO <br />understands the DMG response to state that the documents submitted with the <br />response constitute an operations plan for the mine wortings. DMG submitted <br />Map 3, "Golden Eagle Mine Plan," Map 6, "Geologic Cross Sections," Map 12, <br />"Surface Disturbance ... ," Map 10, "Surface Facilities ... ," and narrative <br />sections of the permit. In light of the above, AFO finds DMG's response to be <br />appropriate with regard to this violation. However, AFO finds a discrepancy <br />between DMG's statement that mining of the First North Main ceased in 1988 and <br />mine plan Map 3 submitted with DMG's response. Map 3 reflects a First North <br />Main extension from a point south of the AVF to a point north of the AVF where it <br />connects to a longwall panel. The longwall panel was to be mined in 1991 and <br />1992. This indicates to AFO that Golden Eagle may have deviated from its mine <br />plan with regard to timing. <br />If you disagree with these findings, you may request an informal review in <br />accordance with 30 CFR 842.11(b)(1)(iii)(A). The request may be filed at this <br />office or with the Deputy Director, OSM, 1951 Constitution Avenue, N.W., <br />Washington, D.C., 20240. Your request must be received within 5 days of receipt <br />of this letter. A Federal inspection may be conducted after the 5 day appeal time <br />has elapsed unless an informal review is requested. <br />Sincerely, <br />