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<br /> <br /> <br />Bob Uram <br />page 2 -September 21, 1994 <br />In reviewing the Kerr Coal case, it is apparent that no imminent danger or <br />significant enrironmental harm e~dsted; a fact which the OSMRE inspector freely admitted. <br />As such, there is no reason why the statutorily required Ten-Day Notice procedure was not <br />complied with. <br />Arbitrary actions such as this, which run counter to the clear reading, let alone <br />intent, of SMCRA, serve to create the same type of instability in the surface mining <br />program coalfield citizens and the industry suffered under during the previous <br />Administration, and which I believe you have sought to rectify during the relatively short <br />period you have served as director. <br />In my view, you should review this situation to determine why established procedures <br />where not followed, take corrective actions so that lawfully established procedures are <br />complied with, and engage in a dialogue with the State and the company in question in an <br />effort to resolve this dispute. <br />As you undoubtedly know, I remain one of the few Members of the House of <br />Representatives with a deep and abiding interest in OSMRE. I trust that you will closely <br />review the matters raised in this letter and provide me with information on the course of <br />action you intend to take. <br />With warm regards, I am <br />Sincerely, <br />NICK J. RAHALL, II <br />Member of Congress <br />NJR/jz <br />