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initiated discussions with yourself. Rather, we have prompted <br />Basin to initiate such discussions. <br />Regarding your allegation that the Division is not meeting its <br />statutory obligations relative to dead trees and other vegetation <br />as well as the installation of silencing devices on the fan, we <br />have previously informed you that these allegations do not <br />constitute a violation of the Colorado Surface Coal Mining <br />Reclamation Act. Further, this Division does not enjoy the <br />statutory authority to enforce noise reduction provisions nor <br />personal agreements which you have reached with the operator. If <br />you wish to dispute our determinations, you may appeal these <br />determinations to the Colorado Mined Land Reclamation Board, 1313 <br />Sherman Street, Room 215, Denver Colorado, 80203. You may request <br />a hearing for a declaratory order to clarify the interpretation or <br />applicability of a Regulation which you may believe is being <br />improperly applied by the Division. <br />Please feel free to contact me if you have questions or comments. <br />Sincerely, <br />St en G. enner <br />Coal Program Supervisor <br />CC: Michael Long <br />Joe Dudash <br />Steven Brown, Assistant Attorney General <br />C:\wp51.tw1 <br />