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~ .f <br />3. The permit area for the Mine includes federal, state and fee coal lands <br />4. The DMG is a division of the Colorado Department of Natural Resources. <br />which is the regulaton• authority fur the Colorado State program initially approved in 1980 to <br />implement the Surface Mining Control and Reclamation Act of 1977 ("SMCRa"1 on non-federal <br />and non-Indian lands within Colorado. 30 CFR ~906.I0. <br />5. [n September 1982. Colorado and the Secretary of the Interior entered into <br />a Cooperative Agreement, extending application of the Colorado State program and the <br />jurisdiction of the DMG to surface coal mining and reclamation operations on federal lands <br />within Colorado. 30 CFR §906.30. <br />6. The approved Colorado State program and the Cooperative Agreement <br />have remained in effect since 1980 and 1982, respectively. and at all times pertinent [o [his <br />Application. <br />B. Facts Relating~o the NOV <br />1. Kerr conducted surface coal mining operations at the Mine in nvo pits. <br />The pit located in the south end of the permit area is known as the 720 Pit and to the north is <br />Pit 1. Tentative plans to extend mining farther north in pits designated Pit 2 and Pit 3 were not <br />pursued or approved in the Permit. Mining operations in Pit 1 were completed in January 1993 <br />and in the 720 Pit at an eazlier date. <br />Most of Pit 1 is included in Federal Coal Lease C-22777. The Southeast <br />portion of Pit 1 and the 720 Pit aze located on state or fee lands. <br />3. In 1990 and 1993, Kerr filed proposed revisions to the Permit with the <br />DIviG concerning the final configtuation of the land surface in the 720 Pit and Pit l . After <br />investigation and some modification of the proposed revisions, the DMG approved the revisions <br />and incorporated their terms into the Permit. <br />4. OSM representatives were consulted and analyzed the final surface <br />configuration in 1993 and, on information and belief, prior to that time. <br />5. During the spring and eazly summer of 1993, Kerr assembled the earth <br />moving equipment and a work force to perform the backfilling and grading required by the <br />Permit. This required extensive effort because of the lazge amount of specialized equipment <br />needed and the location of the Mine remote from population centers with qualified equipment <br />operators. <br />1++0-1 !u'o9~ <br />