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<br />SEP 16 '94 07 11 FROM CONCORDiENERGY FUELS TO STEPnBORT OFFICE PRGE.00E~01i <br />09-15-94 04:3:;FM FROli GGVERNOR'S OFFICE ?D BS9SOS30 ?002 III'IIIIIIII"II'II <br />sss <br />STATE OF COLORADO <br />FllFCUTlVE Cl4MBFR5 <br />176 Sou CJP~rnl ~'_ <br />Denver, Cobndo !O]0}i T9] ~; . <br />hgne lNl!) 8643x71 <br />•~ <br />Qp, Nemcr <br />September 15, 1994 ~"`•^~ <br />Bruce Babbitt <br />Secretary <br />U.9. Department of the Interior <br />1849 C Street, N.W. <br />Washington, D.C. 20240 <br />Dear Bruce: <br />I am writing to express my concern with a situation <br />between the Office of Surface Mining (OSM), Kerr Coal <br />Company (Kerr) and Colorado. T haves written to OSM <br />Director Robert Dram about this matter and have enclosed <br />copies of that correspondence. <br />I believe that this matter will continue to be a problem <br />for our joint commitment on developing a more <br />cooperative working relationship between OSM and the <br />state unless it is favorably resolved. <br />Therefore, I am respectfully asking that you assume <br />jurisdiction of the situation with Rerr as authorized <br />under 43 C.Y.R. 4.5 to conduct arc: independent review of <br />this case and issue a final decision. Your assumption <br />of jurisdiction in this case is warranted given the <br />important policy issues presented base. <br />The situation, briefly, involves the reclamation of a <br />coal mine operated by Kerr In accordance with a plan <br />approved by the Colorado Division of Minerals and <br />Goology (DMG). The specific legal issue involves the <br />question of whether or not one aren of the reclaimed <br />mine meets approximate original contour. DMG says that <br />it does; OSn says that it does not. However, the larger <br />issue is whether the state, as well as other Western <br />states, have the authority to effectively act as the <br />final decision maker for companies conducting business <br />in our states. <br />In this particular case, during 1993, Kerr reclaimed a <br />mine as provided in a reclamation plan approved by DMG <br />in 1990. Sellbnt pOlnts COnCerning the reClamatiOn, a5 <br />completed, are: <br />SEP 15 •9a 16:25 <br />966 2004 PA[~.002 <br />