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<br />Mr. Thomas E. Ehmett <br />August 17, 1994 <br />Page 3 <br />is that it is irrelevant where the material to complete this task <br />should come from and it is OSM's further position that the State <br />of Colorado can have no say in the determination of what impacts <br />such activity would have on non-federal lands. As I advised you <br />in our meeting, Kerr is not going to just start moving material <br />until we have some State approved plan in place and until someone <br />has demonstrated that there is some environmental harm resulting <br />from the current situation that would be remedied by further earth <br />moving activities. We understand that we are faced with the <br />likely issuance of a cessation order on August 24 for our failure <br />to initiate the required abatement. We will continue to search <br />for any possible method to defer this process because it is <br />unnecessary and unfair to impose $75o daily penalties on Kerr <br />while we pursue reasonable solutions informally and in the <br />litigation. <br />I sincerely appreciate the opportunity to discuss this <br />situation with you and, of course, if you would like to obtain any <br />further information from us, please contact me at your <br />convenience. <br />Sincerely, <br />Rich A. Munson <br />RAM/nak <br />Enclosures <br />~: Michael Long <br />