1994-05-23_INSPECTION - C1980006

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:.. iii iiiiiiiiniuiii 999 INSPECTION REPORT Caee File # C-22777 Caee Type: Coal Mining Operator: Rerr Coal Location: T. 9 N., R. 78 W., Section 26, Pit #1 RED-~E~`/{- Statue: Preapplication [ ] Operation [ ] MAY 2 3 'J Preconetruction ( ] Reclamation [ X ] JY Construction [ ] Other [~ry,`'C~~C; r.7u COy Inspector(s): Jim Perry Date: May 12, 1994 SUMMARY PARTIAL BOND RELEASE INSPECTION HELD AT THE REQUEST OF KERB COAL. Attendees: Jim Perry, BLM. Steve Rathbun and Henry Av atin, Office of Surface Mining (OSM). Dave Berry and Randy Price, Colorado Division of Minerals and Geology (DM&G). Pit#1 had been recontoured over the winter by Kerr Coal. Topsoil is stored along the top sides of the pit, ready to be spread over the pit elopes. During the inspection, it was noted by Steve Rathbun, OSM, that Pit#1 was not refilled to its "Approximate Original Contour'• (AOC). Instead, what was once a long ridge, was now divided into two separate ridges with a deep, coal extraction pit running north/south between the two ridges and daylighted to the north. Approximately 3/4 of Pit#1 is on BLM land. The excavated overburden from Pit#1 had been hauled to the south to backfill other coal mining on Private and State land. A Kerr Coal representative had told ue that if the coal mining had continued north, Pit#1 would have been backfilled during the normal mining progression. However, due to economic reasons, coal mining will not be resumed. The State DMfiG approved a change to the final pit configuration allowing the new valley between two ridges, (Technical Revision # 7, approved and final on Aug. 19, 1990.) Steve Rathbun, OSM stated that the final configuration approved by the State did not meet the requirements of the law and that Kerr Coal should be issued a Notice of Violation by the State or OSM and be required to fill Pit#1 back in, replacing the ridge. I informed Steve Rathbun, OSM and Dave Berry, DM&G that the BLM would probably take the position in support of the State, that the land had been recontoured to a natural looking contour which blended with the surrounding topography of the area, and to refill the pit with overburden from pits to the south would be punitive and an unnecessary burden on Kerr Coal, who had acted in good faith. My only concerns with the current configuration were that the site must be stable, there must be sufficient topsoil, the steeper slopes must be reduced to 3:1, the old County road must be recontoured to the approximate original contour, and there needs to be a plan for removing the north haul road and sediment ponds. After the inspection, I received verbal approval from Jerry Strahan, Mining Engineer, LSRA and Linda Grose, Area Manager, KRA to pursue the position for the BLM that returning Pit#1 to the Approximate Original Contour is not reasonable, in this case. Dave Berry, State DM&G later indicated to me that the State would appreciate a letter of support from BLM on this issue, if possible. Photos Attached? y N Signature: /