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<br /> <br />Mike Long, Director, Minerals and Geology <br />Page 7 <br />CONFIDENTIAL <br />the Fruita Mine highwall or impose civil or other penalities on <br />American Shield for failure to eliminate the highwall, any court <br />action by DMG attempting to enforce such a decision would be ar- <br />bitrary and capricious and unsupported by substantial evidence. <br />It would be reversed and/or remanded for further consideration <br />for violation of the CAPA, § 24-4-106(7), C.R.S. l0A (1988 Re- <br />placement) by the court in which the action is brought. <br />I therefore recommend that DMG not initiate a court action <br />against American Shield related to the highwall issue at the <br />Fruita Mine. <br />If you have any questions or wish to further discuss this <br />matter, please call me at (303) 866-5040. <br />cc: Randall Price <br />Larry Routten <br />Erica Crosby <br />Jim Pendleton <br />AG Alpha No. NR CL YCL <br />AG File No. EEN9400299 <br />