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' OB-31'-94 08:18Atd FROM GOVERNOR'S OFFICE (FAX)866 2004 P004 <br /> <br />Summary of the Kerr Coal Situation <br />August 1994 <br />In April 1993, the Albuquerque Field Office (AFO) conducted a random sample <br />inspection of the Kerr Coal Company's Marr Strip operation in Colorado. As a <br />result of that inspection, AFO expressed concern to both the company and the <br />Colorado Division of Minerals and Geology (DMG) about the timing being proposed <br />for completion of reclamation (up to 9 years) and the amount of overburden <br />available In the overburden stockpile necessary to complete backfilling and grading <br />of all areas of the mine. <br />Subsequent to the inspection, AFO requested the Western Support Center (WSG) <br />to evaluate the volume of material needed to reGaim the site to its approximate <br />original contour (AOC) versus the volume of material available in the stockpile. <br />Both AFO and WSC had numerous contacts with DMG regarding these concerns <br />throughout the process. In June 1993, WSC concluded that it appeared that there <br />may be a 400,000 cubic yard shoMall in material available in the overburden <br />stockpile needed to return all areas to AOC. However, WSC recommended that <br />additional studies be done because of the questionable intormation available at that <br />time. The WSC report was sent to DMG with the understanding that the issue <br />would be addressed through programmatic channels. No urgency was placed on <br />this matter by AFO because the permft Indicated that reclamation would be a slow <br />process taking up to 9 years to complete. Unbeknownst to AFO. however, the <br />company began and completed reclamation activities between June 1993 and <br />January 1994, <br />On May 12, 1994, AFO conducted a Phase I bond release inspection of the Marr <br />Strip operation. The inspection dealt with the review of the recently completed <br />backfilling and grading operations in two pit areas: "720" Pit, which is fee or <br />private land, and Pit #1, which involves mostly Federal Lands with a small portion of <br />fee land. <br />The inspection of the Pit #1 area revealed that the completed reclamation, while in <br />compliance with the revised Mining and Reclamation Plan, did not meet the <br />standard of AOG. Tne original topography consisted of a solid north-south running <br />ridge, while the final reclaimed configuration was of an east-west running valley <br />that completely bisected the ridge. <br />Alter the initial inspection on May 12. 1994, the State was given 6 days to agree <br />that the permit revisions and subsequent reclamation were not allowed under the <br />approved Colorado program and work with AFO to correct the permit and bring the <br />site Into full compliance. On May 18, 1994, the State responded by clearly stating <br />that they stood by the(r previous actions and would not be taking any further action <br />regarding the matter. Therefore, on May 25, 1994, a Notice of Violation was <br />