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III IIIIIIIIIIIIIIII <br />999 <br />a~ ~ „ United States Department of the Interior <br />OFFICE OF SURFACE MIMNG <br />RECLAMATION AND ENFORCEMENT <br />219 CENTRAL AVENUE, NW <br />ALBUQUERQUE, NEW MEXICO 87102 <br />~~ <br />c~~ ~ ', <br />ECEIVED <br />FE9 1 ~'9~J~ <br />~g 11 198 <br />Mr. Fred Banta, Supervisor Coal Program <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />RE: Ten-Day Notice X84-2-244-12 <br />Kerr Coal Company, Marr Strip Mine <br />Dear Mr. Banta: <br />MINED lANO RECUMAttON DIVISIOI <br />Colo. Dept of Hstursl Resources <br />OSM finds that your response, to said TDN dated December 11, <br />1984, was not appropriate because enforcement action was not <br />taken for failure to install baffles as required by the <br />approved permit. <br />A state notice of violation should have been issued <br />immediately to the company when it 'was first noted that it <br />had not complied with its mine plan stipulation. The notice <br />of violation should have been issued with abatement options <br />for buil3ing the baffles or submitting a minor revision <br />request •.~ith data suggesting that the baffles were no longer <br />needed. <br />We understand that MLRD eventually issued an NOV for not <br />having installed the baffles. <br />OSM will not issue a notice of violation for the company's <br />failure to comply with its mine plan requirements since the <br />state has now taken enforcement action. <br />Sincerely, <br />1 <br />-- <br />,yi{ob rt H. Qi ector~`~- <br />Albuquerque field O fice <br />` `~~~ <br />