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10-17-1994 11:20 303 534 7435 kerr coal company CONCORD/ENERGY FUELS ~1., P.02 111 IIIIIIIIIIIII 111 ono tailor tooter • suha 2600 t 200 seventeenth street • dernsr, coloredo 80202 October 13, 1994 Senator Ben Nighthoree Campbell United states Senate Washington, D.C. 20510 Dear Senator Campbell: (303~623•B3t7 tvix B t 0.831.258 t The purpose of this correspondence is to apprise you of the current situation that exists in the conflict between the office of Surface Mining ("OSM"), the State of Colorado and Kerr Coal Company. On October 4, Director Urafi, members of OSM'e Albuquerque field office and a representative from the solicitor's office, visited Kerr Coal Company. Mike Long and other representatives from the State of Colorado Department of Minerals and Geology, Kerr Coal Company officials, including myself and an official from the Kremmling Bureau of Lana Management office were also in attendance. Director Uram'e reaction to the reclaimed area in dispute, as he communicated privately to Mike Long, was one of surprise that the area was so small. However, in the presence of hie inspectors, he clearly was supportive of their actions. During the meeting, Mr. Uram asked if Kerr Coal would be interested in pursuing a compromise. I stated that we would be interested in listening to any reasonable method of resolving this problem, although we believed we had complied with the law by completing the approved reclamation plan. I also stated that a condition of any discussions would have to be a cessation of all actions against Kerr while negotiations were proceeding. Mr. Uram said he would investigate that possibility with the solicitor's office. on October li, Mr. Tom 9aneonetti, an attorney representing Kerr Coal, met with Director Uram in Washington, D.C. and was informed that Secretary Babbitt had no interest in assuming jurisdiction of this case. Furthermore, it was the opinion of the Solicitor's office that the legal actions being taken against Kerr could not be halted midway through the process while compromise negotiations were taking place. Only civil money penalties that were about to be aeeeeaed against Kerr'e officers could be postponed. While Kerr and the State of Colorado are anxious to resolve this dispute, Z am skeptical that eucceaeful discussions can be achieved with the same office that was so adamant about issuing the violations in the first place. In that regard, I respectfully