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y :, iii_iiiiiiiii~iuiii 999 United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforccmen[ Suite 1200 505 Marquette Avenue N.W. Albuqurrque. New A9aico 87]01 June 14, 1994 RECD ~~1F_r Mr. Steven G. Renner, Coal Program Supervisor JUG 2 U 9~ Division of Minerals and Geology Department of Natural Resources pivis~,on cl i~linerzls a C;ecicgy 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Re: Ten-Day Notice No. 94-020-352-002, Kerr Coal Company, Marr Mine, Permit C-80-006 The Albuquerque Field Office (AFO) has received and reviewed your response to the above referenced Ten-Day Notice (TDN). The TDN was issued for "failure to return areas disturbed by surface coal mining operations to their approximate original contour." The TDN addresses those non- Federal lands disturbed at Pit 1. Colorado Rule 4.14.1(2)(a) states, "Except as specifically exempted in these Rules, all areas disturbed by surface coal mining operations shall be returned to their approximate original contour. All spoil shall be transported, backfilled, segregated and compacted where needed to insure stability or prevent leaching of toxic materials and graded to eliminate all highwalls, spoil piles, and depressions." AFO cannot find provisions in the Colorado Rules, nor in the information you provided that indicate this mining operation is exempted from approximate original contour (AOC). The fact that the Colorado Division of Minerals and Geology approved a revised reclamation plan is not in itself a valid reason to withdraw the TDN. The revised reclamation plan must also meet the requirements of the Colorado Rules. AFO's review of the Colorado Rules, in regards to the AOC issue at this mine, finds that the backfilling and grading which has been accomplished does not meet the requirements. I find your response to the TDN to be arbitrary and capricious and therefore inappropriate.