ENFORCE31166

• Permit No: C1980006
• IBM Index Class Name: Enforcement
• Doc Date: 9/9/1994
• Doc Name: Clarifying Letter of Circumstances
• From: DMG
• To: OSM RECLAMATION AND ENFORCEMENT
• Violation No.: TD1994020352002TV1
• Media Type: D
• Archive: No

DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman 51., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 9, 1994
The Honorable Robert Uram
Director
Office of Surface Mining Reclamation
and F_rtforrzment
1951 Constitution Ave., N.W.
Washington, D.C. 20000
Dear Mr. Uram:
III IIIIIIIIIIIII III
999
STATE OF COLORADO
I~~~~
DEPARTMEI~IT OF
NATURAL
RESOURCE
Roy Romer
Goverror
lames 5. Lochhead
Eneculive Dlre[10!
Michael B. Long
Division Director
This letter is written to clarify our understanding of the circumstances described in the "Summary
of Kerr Coal Situation; August 1994" presented with your letter to Governor Roy Romer of
August 25, 1994. Both the letter and the attached summary indicate that the Colorado Division of
Minerals and Geology (DMG) received prior notice of the Office of Surface Mining (OSM)
concerns pertaining to achievement of Approximate Original Contour (AOC) at the Kerr Coal Co.
Marr Mine. The letter and summary also indicate that the Albuquerque Field Office (AFO) had no
knowledge that reclamation had initiated at the Marr Mine. We do not agree with this portrayal.
Specifically, during the April 1, 1993 OSM oversight inspection close-0ut meeting, the OSM AFO
inspectors indicated general concerns regarding the timing of reclamation and the amount of
backfill material available for site reclamation. The OSM AFO inspectors indicated that their
concerns were general in nature, and that they were not prepared to identify specific issues. The
OSM inspectors indicated that they would request a special study of the backfilliag and grading
material balance volumetrics and bonding by the OSM Western Service Center (WSC), and that
they would contact the DMG when the results of the requested study became available. It was
agreed that any problems identified as a result of the study would be relayed to the DMG
immediately upon identification. The subsequent OSM AFO inspection report does not mention
any concern regarding the achievement of AOC.
Shortly thereafter, OSM WSC personnel contacted DMG staff to initiate the requested study, and
all DMG documents were made available to WSC staff member. DMG and WSC staff met one
time at the DMG office to exchange information. DMG staff planned to join the WSC staff
member during the WSC Marr mine site visit; however, a scheduling conflict prevented this
meeting. There were no subsequent meetings or contact between DMG and WSC staff members.
Concurrently, DMG staff reviewed the approved permit documents pertaining to backfilling and
grading, to ensure that all previous approvals had been made properly.
Later, during the summer of 1993, an OSM AFO inspector contacted DMG staff by telephone, and
indicated that the WSC bacld"dl volume figures differed from those provided by Kerr Coal Co.