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Steven G. Renner 2 <br /> Based on the above, DMG should have issued a Failure to Abate Cessation Order. <br /> Instead, on October 13, 1993, 5 days after the last abatement date (October 8, <br /> 1993), DMG sent a letter to Mid-Continent outlining the legal basis for requiring the <br /> information regarding Pitkin Iron Company in the outstanding NOV. However, <br /> DMG unilaterally extended the abatement date to October 30, 1993, to allow <br /> Mid-Continent time to respond to the letter. <br /> As noted above, AFO found DMG's response to TDN 93-02-352-06, Violation 2 of <br /> 4, to be appropriate based on the issuance and expected timely abatement of the <br /> State NOV. However, given the fact that the violation still exists more than 90 <br /> days after the issuance of the State NOV and the criteria for an extension beyond <br /> 90 days has not been met, the AFO now finds DMG's response to be <br /> inappropriate. <br /> If you disagree with the above finding, you may request an informal review in <br /> accordance with 30 CFR 842.11(b)(1)(iii)(A). The request may be filed at this <br /> office or with the Deputy Director, Office of Surface Mining Reclamation and <br /> Enforcement, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. Your <br /> request must be received within 5 days of receipt of this letter. A Federal <br /> inspection may be conducted after the 5-day appeal time has elapsed unless an <br /> informal review is requested. <br /> Sincerely, <br /> Robert H. H LieldOffice <br /> ctor <br /> Albuquerqu <br />