ENFORCE28255 - Laserfiche WebLink

Home Browse Search

08-31`-94 08;18AM FROM GOVERNOR'S OFFICE (FA%)866 2004 P002 ,.: .. ~~~ ~~~~~~1~~~~~~~~~ ft9y0/3~ ~ z 999 ~ . ~.Y-9y United States Department of the Interior 9tlzL ~`~ 41 OFFICE OF SURFACE MINtNC i.ti T` ~ ~i ~;:; i.. , ~_, +; i .. ,. RCCldrnadno dnd t:nti,n:rmcW ; i' ~ I F ~ j ~ Wdchinb~L)n, lt.[~ QI!$4U. ~.; e ~ r r~! -i?'vt~ iiki~j;iJ Ll: I i~;~ Honorable Roy Romer P! Ir ~ G r~Q'~ ~ : ' ,~, Governor of Colorado ~ ~~ ~ - " Denver, Colorado $(1203-1732 Dear Governor Romtt: Thank you for your letter of August 1S. I appreciate your support of the concept of shared commitment to effective on-the-ground reclamation. Whether Kerr Coal Company will be require[! to return the land to approximate original contour is a key on-the-ground issue. I agree with and share your concern nbout the issuance of a Federal notice of violation where the State has' been delegated primary enforcement authority on Federal lands under a cooperative agreement My preference is for the Stau to initiate enforcement action in this type of situation, or failing that, for the Federal inspector to bring the rnattet to the State's attention through the ten-day notice process. Nonetheless, I support the inspector's decision to issue the notice of violation to Kerr Coal Company. While another inspector might have acted differently, this action was authorized and consistent with our existing policy guidance to inspectors. We have had additional guidance on this issue for the Office of Surface Mining Reclamation and Enforcement (OSM) field offices under review for some time. I have asked that release of this guidance tie accelerated, and we will consult with Michael Long, Director of the Division of Minerals and Geology. before doing so. 1 agree that these kinds of cases where we take direct action without aten-day notice should not recur. On a separate point, I understand that OSM raised concerns to both the State and the operator about the volume of fill material available to rearm the sire to approximau original contour in April 1993 attd conducted n tu:hnical analysis wlticli concluded char there could be a substantial shortfall. This eoacern was communicated to the Colorado Division of Minerals and Geology, but because of the projected nine-yeti reclamation period, we did not press the issue. We did not learn that the company had accelerated the reclamation schedule until the company had completed the first phase of reclamation and requested bond release. In retrospect, it might have been better for OSM to have taken its enforcement action earlier. For your information, on an adjacent area which is fee or private land, OSM issued aten- day notice for the same violation. Colorado appealed the notice to the Deputy Director, and on August 22, he also concluded that the reclamation had not attained approximate original contour.