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-1 L <br />III IIIIIIIII IIII III <br />M E M O RAN D II M <br />TO: File <br />FROM: Susan McCannon <br />RE: Kerr Coal Company federal NOV settlement <br />DATE: December 21, 1994 <br />Following is a synopsis of my notes from the OSM/Kerr meeting on <br />December 13, 1994. <br />We agree in concept with the proposal presented by OSM. This <br />proposal differed from the earlier proposal by Kerr in that it re- <br />establishes a ridge at approximately 8300 feet in elevation, that <br />ridge is broader and flatter than Kerr's proposal. <br />This concept then needs to fleshed out and presented to OSM and <br />Colorado in a preliminary design. If acceptable, the preliminary <br />design would be refined into a permit revision proposal to be <br />presented to Colorado for review and approval ultimately. The <br />settlement agreement also needs to address what to do with current <br />litigation and what to do about the notices of individual civil <br />penalties, and FTACOs for the non-federal lands violation. <br />Tom Ehmett needs a document to allow him to have the basis to <br />prevent further enforcement actions, i.e. FTACO. Retrum suggested <br />that OSM has discretion whether or not to take further enforcement <br />action. <br />Get agreement now, take it to judge to halt administrative action <br />work out plan details, and get administrative action dismissed <br />plan approval and fix on the ground <br />Settlement will indicate that implementation of the plan will <br />result in AOC at the pit 1 area. <br />Commitments <br />- Fanyo and Retrum will draft a settlement in next several days <br />- Cooper will present a preliminary map and plan by 12-21-94 <br />- Sanderson will re-examine civil penalties based on information <br />up to and including the inspection report and inspector's <br />statement and will remove egregious language about Kerr and <br />Colorado conduct, and will make final decision on individual <br />