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t kerr coal company ~~I ~I~~~~~~~~~~~~~~ 999 one tabor center • swte 2500 1200 seventeenth street • denver. Colorado 80202 VIA FACSIMILE (505)766-2609 Mr. Thomas E. Ehmett December 2, 1994 Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 505 Marquette NW, Suite 1200 Albuquerque, NM 87102 (303)623-8317 tv/x 910-931-2561 RFC;FJ~~D DEC 0 61994 Division of Minerals ~ t3eofo9Y Re: Request for Extension of Abatement Deadline for Notice of Violation No. 94-020-352-006 dated SeRtember 13. 1994: Marr Mine. Colorado Permit No. C-80-006 Dear Mr. Ehmett: Kerr Coal Company requests a 90-day extension to March 12, 1995, of the abatement deadline for the NOV referenced above. This request is made pursuant to 30 C.F.R. § 843.12(c), (f) and (h). This NOV applies to the nonfederal lands in Pit 1 of the Man Mine. You set the current abatement deadline at December 12, 1994, in the Modification dated October 28, 1994. That action followed our meeting with Director Bob Uram at the Mine in early October, at which Kerr committed its best efforts to resolve the AOC issue for all of Pit 1 on a mutually agreeable basis with OSM and the Colorado Division of Minerals and Geology. Kerr has followed through by participating in good faith in negotiating meetings with OSM and the DMG. Ken's commitment is demonstrated by the proposals we have made to resolve the AOC issue and the information we have provided at and between the meetings. We understand that Ken's proposals are being reviewed by OSM. We are optimistic that a mutually agreeable resolution can be reached at the next meeting scheduled for December 6, 1994, or shortly thereafter. Kerr believes that these circumstances aze sufficient to justify an additional 90-day extension under the criteria in section 843.12(c).