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The NOV has a two part abatement. The first is to begin to <br />transport backfill and compact as necessary, to insure <br />stability, spoil needed to return the areas described in the <br />NOV to their approximate original contour. The second part <br />of the abatement is to complete the backfilling and grading <br />required to return the non-federal portion of Pit #1 to its <br />approximate original contour. The time for abatement for step <br />#1 is September 28, 1994 at 08:00 AM and the time for <br />abatement for step #2 is October 29, 1994 at 08:00 AM. Once <br />the work which is required by step #1 has been initiated, the <br />operator may request additional time, up to a total of 90 <br />days, to complete the abatement for the NOV. <br />During the inspection a concern was voiced that the DMG may <br />issue enforcement action to Kerr Coal Company because in <br />complying with the Federal enforcement action they would then <br />be in noncompliance with the approved mine plan. The approved <br />mine plan allows the configuration which OSM has determined to <br />be a violation of the Colorado Rules. <br />States are expected to implement their approved programs <br />fully, including all the applicable enforcement provisions. <br />If they choose not to do this, the Surface Mining Control and <br />Reclamation Act provides mechanisms by which OSM can address <br />deficiencies in the states implementation of their program. <br />Those mechanisms allow the deficiencies to be corrected <br />without placing the mine operator in the middle of conflicting <br />orders from state and federal officials. <br />MSEIR: Those items in block 24 marked with a "2" have been <br />discussed above. Those items left blank were not applicable <br />to the purpose of this inspection. <br />4 <br />