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.~, <br />iii iiiiiiiiiiiiiiii <br />999 <br />UNITED STATES OF AMERICA <br />DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />KERR COAL COMPANY, <br />Applicant, <br />v. <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT, <br />Respondent <br />Docket No. DV 94-12-R <br />Applications for Review <br />and Temporary Relief <br />Notice of Violation <br />No. 94-020-352-003 <br />Marr Strip Mine, Colorado <br />OSM REPLY HRZEF <br />The Respondent, Office of Surface Mining Reclamation and <br />Enforcement (OSM), replies to certain statements made in the <br />proposed decision submitted in this matter on September 20, 1994, <br />by the Applicant, Kerr Coal Company (Kerr). <br />I. <br />DISCUSSION. <br />1. The DMG [Colorado's Division of Minerals and <br />Geology] and OSM (inspectors Steve Rathbun and <br />Henry Austin) conducted a joint inspection of the <br />Mine [Rerr's Marr Strip Mine near Walden, <br />Colorado] on March 31 - April 1, 1993. Tr.-I 159- <br />60. Mr. Austin reviewed the backfillinq and <br />grading sections of the Permit in connection with <br />the inspection. Tr.I-160. The OSM inspectors <br />discussed their concerns about whether backfillinq <br />and grading at the approved rate would comply with <br />the contemporaneous reclamation standard with the <br />DMG and Rerr. Tr.-I 162. The OSM inspectors, <br />however, expressed no concern about whether the <br />post-mining topography plans and maps for Pit 1, <br />as then approved by the DMG in the Permit, would <br />meet the AOC [approximate original contour] <br />standard. Tr.-I 163. <br />Kerr's proposed decision at 6. <br />