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liability suit against the agents of Mid-Continent Resources in <br /> September, 1993 . In its suit, the State has alleged that Mid- <br /> Continent and its agents have failed to take all necessary steps <br /> in order to protect the environment from the adverse effects of <br /> mining. These adverse effects would include sediment <br /> contribution to adjacent streams. In the personal liability <br /> suit, the Division has requested that the court require Mid- <br /> Continent to maintain the site in compliance with all applicable <br /> statutory, regulatory and permit requirements. This request <br /> clearly contemplates reclamation and maintenance of the road and <br /> portal areas in order to ensure that sediment contribution to <br /> adjacent streams is minimized. <br /> Given the fact that the State is pursuing judicial means to <br /> achieve the same result as that contemplated by the Ten-Day <br /> Notice and the resultant Notice of Violations, Colorado believes <br /> that its actions are an appropriate response to the Ten-Day <br /> Notice. The OSM directives at INE-35 substantiate this position. <br /> For the above reasons, we request that the Deputy Director <br /> reverse the AFO determination and find that the Colorado response <br /> is appropriate. <br /> Please contact me if you have questions or comments . <br /> Sincerely, <br /> Steven Renner <br /> Coal Program Supervisor <br /> CC: Michael B. Long <br /> Cheryl Linden, Assistant Attorney General <br /> M:\erostdn <br />