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ENFORCE34722
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Entry Properties
Last modified
8/24/2016 7:44:32 PM
Creation date
11/21/2007 2:19:35 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980006
IBM Index Class Name
Enforcement
Doc Date
11/1/1994
Doc Name
COMPLAINT FOR TEMPORARY RELIEF PURSUANT TO 30 USC 1276C AND FOR JUDICAL REVIEW
Violation No.
TD1994020352002TV1
Media Type
D
Archive
No
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approved the Colorado Slate Program in 1980 pursuant to section 503 of the Act, 30 <br />U.S.C. § 1253. ee 30 C.F.R. §906.10 (1993). The DMG also became the regulatory <br />authority with the same primary responsibility and authority on federal lands pursuant to <br />the Cooperative Agreement entered into by Colorado and the Secretary. in 1982. ee 30 <br />C.F.R. §906.30 (1993). <br />8. The State Program includes the DMG's regulations found at 2 CCR 407-2 <br />which apply to Ken's Mine. <br />9. OSM is the federal agency within the Interior Department created by <br />section 201 of the Act, 30 U.S.C. § 1211, to perform most of the federal government's <br />duties under the Act. Since the Colorado State Program and Cooperative Agreement <br />were approved in the early L980s, OSM has not been the regulatory authority in <br />Colorado. Its role is one of oversight of the DMG's decisions. <br />10. Kerr conducted surface coal mining operations at the Mine in two pits. The <br />pit located in the south end of the permit azea is known as the 720 Pit. To. the north is <br />Pit 1. It is separated from the 720 Pit by an area in the middle known as the Marr Pit, <br />which was mined prior to enactment of the Act and was completely reclaimed by 1983. <br />Tentative plans to extend mining farther north beyond Pit l in areas designated Pit 2 and <br />Pit 3 were not pursued by Kerr or approved by the DMG in the Permit. Mining <br />operations were completed in the 720 Pit in 1984 and in Pit 1 in January, 1993. <br />11. Most of Pit 1 is included in Federal Coal Lease C-22777. The Southeast <br />portion of Pit 1 and the 720 Pit are located on fee lands. <br />12. In 1990 and 1993, Kerr filed proposed revisions to the Permit with the <br />DMG concerning the post-mining configuration of the land surface in the 720 Pit and <br />Pit 1 and the approximate original contour ("AOC") requirements of the State Program. <br />IIM1M-l. IN:.vrll ~ <br />
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