ENFORCE25961

• Permit No: C1980006
• IBM Index Class Name: Enforcement
• Doc Date: 9/9/1994
• Doc Name: MEMO COMMENTS ON OSMRES LETTER FROM ROBERT URAM TO ROY ROMER
• From: DMG
• To: KERR COAL CO FILE C-80-006
• Violation No.: TD1994020352002TV1
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman 61., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Memo
To: David Berry, Ker~ oai o. File (C--80-006)
From: Randy Price
Date: September 9, 1994
Re: Comments on OSMRE's Letter From Robert Uranr to Roy Romer
I~~~~I
DEPARTMENT Of
NATURAL
RESOURCE
Roy Romer
Governor
Tames 5. Lochhead
Executive Director
Michael B. Long
Division Director
I have the following comments concerning Mr. Uram's letter. I take exception to the facts of the letter
and their interpretation.
Contrary to the letter, the OSMRE did not raise the concern that there would not be enough fill to
return the site to Approximate Original Contour (AOC) in April of 1993. The date of April 1993
mentioned in the letter refers to the OSMRE inspection report. The term Approximate Original
Contour is not mentioned in the OSMRE inspection report.
There are several sections of the inspection report that address backfilling and grading. Nowhere in
the report does Mr. Austin express a concern that the approved backfilling and grading plan will not
meet AOC. Mr. Austin repeatedly makes references to the approved mine plan and the mine's
compliance with the approved mine plan. It was obvious that during the inspection Mr. Austin was
awaze of the approved mine plan and checked for the Marr Strip mine's compliance to the approved
mine plan. In his report he references the page numbers, in the permit application and the Division's
findings of facts issued prior to the 1992 permit renewal.
In his report Austin paraphrases the approved permit and states that "This section states that upon
completion of mining in pit 1, the existing equipment fleet would complete backfilling of the 720 Pit
in approximately 6.0 yeazs at a rate of approximately 1.0 million BCY annually, and that backsloping
of Pit 1 would be completed concurtently with the final two years of the backfilling in the 720 pit."
Mr. Austin appeared to be aware of the distinction between backfilling and backsloping, where
backsloping is the reduction of the highwall through grading down the highwall to blend in with the
topography as opposed to backfilling that covers the highwall with spoil material.
Prior to the time of this inspection the Division had conducted a reclamation liability estimate of the
Marr Strip mine. Mr. Austin acknowledges this and in his report stated, "AFO will request the