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<br />Thomas E. Ehmett <br />2 <br />On January 19, 1994, OSM approved an amendment to the State program <br />authorizing the incomplete elimination of highwalls for continuously mined areas at <br />underground mining operations. The Colorado Mined Land Reclamation Board <br />promulgated that rule on March 23, 1994. On March 30, 1994, Mr. Long sent via a <br />facsimile transmittal the Division of Minerals and Geology's analysis of the Fruita <br />Mine portal bench and highwall that is intended to demonstrate compliance with <br />Colorado Rule 4.14.1(2)(f) showing that all reasonably available spoil material has <br />been used to eliminate the highwall to the maximum extent technically practical <br />consistent with the criteria included in Rule 4.14.1(2)(g)(i) through (v). <br />After analysis of this information, I will provide you with futiher direction on this <br />office's next step on this case. ' <br />