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Steven G. Renner 3 <br /> AFO's finding is that the slumpage is not addressed by Notice of Violation C-93- <br /> 091 and during the July 7, 1993 inspection two areas where material from the <br /> slope above had slumped into the ditch were evident. In addition, these and other <br /> areas where slumping on the slopes is evident could fail and destroy the existing <br /> ditch. <br /> DMG's contends that the presence of the ditch is not causing the slope to fail. <br /> Evidence from the July 7, 1993 inspection clearly indicates that use of the <br /> diversion has contributed to the slope failure of the prelaw material. Cribbing <br /> material which has been in contact with diversion flows has rotted to the point <br /> where the slope is failing. AFO finds DMG's action to be arbitrary, capricious, and <br /> an abuse of discretion and is, therefore, 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: <br /> Deputy Director <br /> Office of Surface Mining Reclamation and Enforcement <br /> 1951 Constitution Avenue, N.W. <br /> Washington, D. C. 20240 <br /> Your 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 a <br /> formal review is requested. <br /> If you have any questions, please call Thomas W. Wright or me at (505) 766-1486. <br /> Sincerely, <br /> rt H. age �,�irector <br /> Albuquerque d Office <br />