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<br /> <br />STATE III IIIIIIIIIIIII III <br />999 <br />OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY - - <br />nFp <br />~O <br />Deparlmenl of Nalu ral Resources s'~ <br />_ <br />n <br />i <br /> <br /> <br /> <br />31 } tiherman 51., Roan 115 ~ <br />~ -3 <br />3NT <br />~' O <br />• <br />~~~ <br />~ <br />Dcnver, C0 R0203 ' <br />' <br />• <br />Phone: 1303) R66-3567 rev i <br />FAA:(SU31 R32-RIU6 Rnv ROmer <br /> Governor <br />August 10, 1993 Mic hael B. Long <br /> D rviean DveUOr <br />Mr. Robert Hagen, Director <br />Office of Surface Mining <br />Albuquerque Field Office <br />505 Marquette NW Suite 1200 <br />Albuquerque, NM 87102 <br />RE: Fruita and Apex Settlement Agreements ' <br />Dear Mr. Hagen: <br />The Division of Minerals and Geology has received your August 6, 1993 correspondence <br />regarding the Fruita and Apex Settlement Agreements. The Division is providing <br />copies of this correspondence to the members of the Mined Land Reclamation Board for <br />their consideration. <br />I would like to note a potential problem with the scheduling of the anticipated <br />Federal inspection of the Fruits Mine. Should the Board determine to terminate the <br />Settlement Agreements, it will be necessary to conduct a hearing in accordance with <br />the Colorado Administrative Procedures Act (APA). The APA requires that the <br />State provide to the affected parties at least twenty days notification of a <br />hearing. Due to this requirement, the Board would be prohibited from taking an <br />action to terminate the agreements until the September 22-23, 1993 Board meeting in <br />order to provide appropriate notice. September 23, 1993 is day 48 after the date of <br />your August ,6, 1993 correspondence. In order to allow the Board the opportunity to <br />take the requested action, the Division proposes that the Federal inspection be held <br />no sooner than day 49; September 24, 1993. <br />Your August 6, 1993 correspondence references a legal review which was obtained by <br />the Albuquerque Field Office (AFO). The Division requests that the AFO provide a <br />copy of this review so that the Board may make an informed decision after <br />considering all applicable information. Dpon receipt of the legal review, the <br />Division will forward it to the Board members. <br />The Board is tentatively scheduled to informally consider the AFO request to <br />terminate the settlement agreements at the August 25-26, 1993 Board meeting. <br />We would certainly appreciate receiving the legal review well in advance of that <br />meeting in order to facilitate this discussion. <br />Please contact me if you have questions or comments. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />CC: Michael B. Long, DMG <br />Mined Land Reclamation Board Members <br />M:\coal\apfruita.sgr <br />