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t <br /> Resources has not reclaimed the mine in accordance with the May <br /> 22, 1991 Mined Land Reclamation Board ordered schedule. In the <br /> personal liability suit, the Division has requested that the <br /> Court require the agents of Mid-Continent to complete reclamation <br /> of the Coal Basin Mine pursuant to the reclamation plan, the <br /> Colorado Surface Coal Mining Reclamation Act, the Colorado Coal <br /> Rules and the May 22, 1991 Board Ordered Reclamation Schedule. <br /> Given the fact that the State is pursuing judicial means, as <br /> contemplated by the Colorado Surface Coal Mining Reclamation Act, <br /> to achieve the same result as that sought by the Ten-Day Notice <br /> and the existing Notice of Violation, Colorado believes that its <br /> actions are clearly 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 /> G <br /> Steven G. Renner <br /> Coal Program Supervisor <br /> CC: Michael B. Long <br /> Cheryl Linden, Assistant Attorney General <br /> C:\crectdn <br />