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<br />FIELD OFFICES <br />4snu 761-5171 <br />C Xf vIM Xf ))'1 -]01) <br />CoOr 57)-)121 <br />G1ufTTf 687-)091 <br />JACl60X )39-$54) <br />LaXXMD 195-530] <br />~~I III ~~~^I~III~III <br />2~lnited ~tatel~ senate <br />WASHINGTON, DC 20510-5002 <br />September 30, 1994 <br />ALAN K SIM PSON <br />V/rOM1XG <br />VfTfMNS'sFE 9185 COM M~nfE <br />~UDICMRV COMMITTEE <br />M++~XC Mlu\f+-SUfc4uX~nfE o+ <br />IX X14...iO+.+C Rn u41E 4..illf <br />fNV~RONMfXT NND PVRL~C WORVS COMMITTEE <br />I4++~+4 Mt vfu-SU[4W~~n EE o+ <br />NVC.4+ Rt4u u.~OX <br />Honorable Bruce Babbitt <br />Secretary <br />Department of the Interior <br />18th & C Street, N.W. <br />Washington, DC 20240 <br />Dear Bruce: <br />I am writing you today to express my strong concerns <br />regarding actions taken by the Office of Surface Mining against <br />Kerr Coal Company. I respectfully ask that you exercise your <br />authority under the federal regulations and assume jurisdiction <br />of the situation in order to reach a prompt and proper resolution <br />of the problem. <br />I am enclosing material provided by Rerr Coal Company for <br />your review. In brief summary, Rerr Coal Company has reclaimed <br />mining lands in Colorado under a plan approved by all of the <br />proper state authorities. Rerr was recognized by the state and <br />the Department of Interior for its "excellence" in reclaiming <br />these lands and received an award for that accomplishment. The <br />director of the Office of Surface Mining, coincidentally, <br />presented that award. <br />Now, an inspector from that office has determined that a <br />violation of reclamation law has occurred. The company has been <br />cited for that violation and placed in a situation where it can <br />not comply with both the state's reclamation requirements and <br />those specified in the notice of violation issued by the <br />inspector from the Office of Surface Mining. By taking this <br />action, the Office of Surface Mining is now in the position of <br />violating its own procedures for issuing violations, overriding <br />state regulatory jurisdiction and authority, and has placed Kerr <br />in the untenable position of not being able to comply with <br />conflicting mandates -- all at the threat of increasing civil <br />penalties. <br />It is my view that this is a matter which is most <br />appropriate for direct intervention by you as Secretary of the <br />Interior. We have reached a pinnacle in the art of the ultimate <br />in absurdity. We are not talking about the rape and pillaging of <br />our public lands. We are talking about common sense solutions <br />that would meet every test of the Wyoming and Colorado <br />