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INSPECTION REPORT <br />DATE: September 13, 1994 <br />MINE: Marr <br />PERMIT NO.: C-80-006 <br />COMPANY: Kerr Coal Company <br />P. O. Box 487 <br />1130 County Road 29A <br />Walden, Colorado 80480 <br />(303) 723-4721. <br />INDIVIDUALS PRESENT DURING THE INSPECTION: <br />George Patterson, Kerr Coal Co. <br />Randy Price, Division of Minerals and Geology (DMG) <br />Russ Porter, Office of Surface Mining (OSM) <br />This inspection was conducted as a followup to Ten-Day Notice <br />(TDN) number 94-020-352-002. The weather during the <br />inspection was sunny and mild with dry ground conditions. <br />TDN #94-020-352-002 was issued to the DMG on May 26, 1994. <br />The TDN was for failure to return areas disturbed by surface <br />coal mining operations to their Approximate Original Contour <br />(AOC). The location of the violation was that portion of Pit <br />#1 that is non-federal land and which is located at the Marr <br />mine, operated by Kerr Coal Company. <br />The DMG appealed the fact of the violation to the Deputy <br />Director of OSM. The Deputy Director reviewed the appeal and <br />determined that the violation as stated in the TDN does exist <br />and ordered a Federal Inspection. <br />The DMG was notified in advance of the inspection and Randy <br />Price of the DMG was present during the inspection. Mr. Price <br />was allowed the opportunity to take further enforcement action <br />addressing the violation but declined, stating that the DMG's <br />position regarding the violation had not changed. <br />An inspection of the mine site at Pit #1 found that the non- <br />federal land portion of that pit had not been returned to AOC <br />and the violation which was previously stated in the TDN still <br />existed. Since the DMG refused to take action which would <br />cause the violation to be corrected, a Federal Notice of <br />Violation (NOV) was issued. <br />3 <br />