ENFORCE35130

• Permit No: C1980006
• IBM Index Class Name: Enforcement
• Doc Date: 8/24/1994
• Doc Name: OSM INSPECTION REPORT TDN
• Violation No.: TD1994020352002TV1
• Media Type: D
• Archive: No

Kerr Coal Co. was put on notice at the time the NOV was issued
that reclamation, namely reeoilinq and aeefling, of the "720"
pit, should not continue in that these areas would, in all
likelihood, have to ba redisturbed to abate the Federal NOV.
Kerr Coal Co. has knowingly decided to continue this work
while at the same time making no effort in the field to abat~
the NOV,
Based on my observation a Failure to Abate Cessation Order
(FTACO) No. 94-020-250-OS was issued on August 24, 1994. The
FTACO was served on and thoroughly explained to Mr. Patterson.
In addition, the following Corporate Officials will be sent a
Notice of Potential Liability for an Individual Civil Penalty
Assessment form along with a copy of the FTACO:
,john R. Adams - Chief Executive Officer\President
Timothy 5. Borden - Executive Vice President\Secretary
Daniel K. Newell - Vice President, Finance and Treasurer
James T, Cooper - vice President, Operations
Philip J. Goldsmith - Asaiatant 8earetary\Agent
These individuals will be subject to assessment of an
Individual Civil Penalty if they willfully and knowingly fail
or refuse to take all reasonable stnpa within their authority
to bring about abatement of the violation contained in the
cessation order within 70 days after the issuance of the
cessation order.
Finally, Kerr Coal Co. is advised to perform those actions
necessary to comply with Colorado Ruls 2.07.7(5) regarding
ownership and Control information. The Colorado Division of
Minerals and Geology will also be notified of Karr's
obligations under this Rule.
Prior to leaving the minesite I informed Mr. Patterson to
contact the Albuquerque Field Office if Kerr Coal Co. psrforms
the work necessary to abate the FTACO. I also informed Mr.
Patterson that AFO may be visiting the site, on occasion, to
check an the statue of that work.