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SEP 16 '94 t~7~12 FRUM CONCORDiENERGY FUELS TO STERMBURT OFFICE PRGE.007i011 <br />-- C9-15-9~ OS:33PM FzOBI GOIERNGR'S OFFICE TO 95930930 P003 <br />Page Two <br />1. The Bureau of Land Management, as the federal <br />land manager, has determined that the poet-mining <br />productivity of the lend is superior to the pre-mining <br />productivity; <br />2. D![G officials have determined that the <br />watersheds/drainagea in which the mine was located have <br />been restored with so small a change a9 to be <br />statistically irrelevant; <br />3. OSbI, by its own admission, concedes that there is <br />no danger of any imminent environmental harm or risk to <br />public safety; and <br />4. The reclamation, as completed by Kerr, won an <br />award, which, ironically, was presented by the director <br />of OSM while on a trip to Colorado. <br />Apparently, the only thing the reclamation, as <br />completed, does not do is satisfy the sense of visual <br />aesthetics of O$M personnel. <br />Regardless of these facts, OSM has chosen to bring the <br />full weight of its power to beer on xerr and, at the <br />same time, override the decisions of state officials. <br />TRere aro alroady pending cases (Docket Nos. DV 94-12-R <br />and IBLA 94-779) that have resulted from the direct <br />issuance by OSM of a violation to Kerr without following <br />the accepted "ten day notice" procedure. OSM has stated <br />that such direct issuance of violations will not be <br />repeated; however, such a statement does nothing to <br />assist in the resolution of the present case. OSM has <br />just issued a second violation to xerr for the portion <br />of the dteputed arse that is on non-federal land. <br />i know that you share our concern with resolving these <br />issues collaboratively to avoid protracted and expensive <br />litigation. I hope you will take a close look at this <br />situation and help get it resolved. <br />Thank you for your attention to this matter. <br />Enclosures <br />SEP 15 '94 1626 <br />666 200a PFlC~.003 <br />