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<br /> <br />aPP4MENT Oa' fMF' <br />yp United States Department of the Interior <br />o <br />~ a <br />_ OFFICE OF SURFACE MINING <br />~'<acN ~ +0~~ Reclamation and Enforcement <br />Suite 1200 <br />505 Marquette Avenue N.W. <br />Albuquerque, New Mexico 87102 <br />March 31, 1994 <br />Memorandum <br />To: Thomas E. Eh ett, Deputy Director <br />Albuoueriet~Office <br />From: <br />Office <br />PRIDE INS <br />aMEruca~~ <br />•~ ~ <br />~ ~ <br />IN REPLY REFFJI TO <br />Subject: Notice f V' lation (NOV) 94-02-116-1; American Shield Coal Company, <br />e <br />This memorandum is in follow-up to my correspondence of March 17, 1994, to. <br />Mr.~Steve Rathbun directing the subject NOV to be vacated. As Mr. Rathbun's <br />supervisor, I am requesting you to follow through today with that direction with Mr. <br />Rathbun, or through your own authority as an authorized representative. <br />As explained in the above-referenced correspondence the State of Colorado, in <br />response to the Office of Surface Mining Reclamation and Enforcement's Ten-Day <br />Notice and other communications, has taken enforcement action cohsidered to be <br />appropriate except for our concerns with fully utilizing the provisions associated <br />with alternative enforcement under their program. My communication with <br />Mr. Michael Long of February 16, 1994, informed the State of OSM concerns with <br />respect to further actions that we feel should be taken through alternative <br />enforcement. Mr.-Long's response of February 21, 1994, addresses my concerns <br />and makes a commitment to finalize bond forteiture, technical evaluation of site <br />reclamation and the subsequent pursuit of other alternative enforcement actions as <br />determined necessary after completing these other tasks. Although I am not in full <br />agreement with how the State has handled this case and the progress they are <br />making, the subject NOV that was issued was taken without consulting me. Based <br />upon the above-described communications with the State, f have not yet <br />determined the State's actions on this case to be inappropriate in response to the <br />original TDN: Therefore, issuance of a Federal NOV without the Field Office <br />Director's determination of inappropriate State response was not in accord with <br />agency policy. Mr. Allen D. Klein, Assistant Director Field Operations, and myself <br />met with the State on March 10, 1994, to pursue resolution of our differences on <br />this case. Mr. Long committed to an expedited submittal of the analysis related to <br />bond forfeiture actions. <br />Frusta <br />