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III IIIIIIIIIIIIIIII United States Department of the Interior OFFICE OF SURFACE MINING Red'amation and Enfurcemem Washington, D.C. ?OY40 AUG 2 2 1994 Mr. Steve G. Renner Coal Program Supervisor Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Renner: AUU 26' ,::,::,, a c' ~.;il ~"' iti d s c`~"~"Y Thank you for your letter of June 30 requesting informal review of the Albuquerque Field Office (AFO) Director's determination that your agency did not take appropriate action with respect to ten-day notice (TDN) number 94- 020-352-002 (Kerr Coal Company (Kerr-, permit number C-80-0061. The violation alleged in the TDN is a failure to return areas disturbed by surface coal mining operations to their approximate original contour (AOC1; primarily that portion of Pit #1 located on non-Federal land, The inspection that led to the TDN was conducted pursuant to a request for a Phase I bond release which itself indicates that Kerr believed that it had completed the backfilling, regrading and drainage control of the bonded area in accordance with the reclamation plan of the approved permit. This plan had been modified in 1990 and 1993 seemingly to accommodate for the present ground configuration. Four months prior to approving the latter modification, the AFO, in conjunction with our Western Support Center, conveyed its concerns to you about spoil shortages that would significantly interfere with achieving AOC in Pits #1 and #740 of the mine. You state that both your office and the permittee are satisfied that the approved plan complies with the letter and spirit of applicable AOC regulations. The TDN was, however, issued on the basis that even though the current ground configuration may comply with the approved plan, this configuration nonetheless clearly violates the AOC requirements of State Rule 4.14.11211a1.