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.. IIII lllllllllllillll 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY DepanmeN of Natural Resources 1313 Sherman 51., Room 215 Denver, Colorado 80203 Phone. (303186h~J 567 FA%:1]031832-8106 June 13, 1994 Mr. Thomas Ehmett Office of Surface Mining Albuquerque Field Office 505 Marquette Ave., NW Albuquerque, NM 87102 RE: Federal Notice of Violation-94-020-352-003 Ten-Day Notice X-94-020-352-002 TV- Kerr Coal Company- Marr Mine- Permit No. C-80-006 Dear Mr. Ehmett: DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lama S. l,x hhead Eaesvu.~e Di,eUOr Mir hael B. Lnn~; Dwninn Dkn ion This letter is written in response to the above referenced Federal Notice of Violation (NOV) and Ten-Day Notice (TDN), which were received at the Colorado Division of Minerals and Geology (DMG) on June 3, 1994. Please note that the Office of Surface Mining (OSM) inspectors never discussed the possibility of issuing any TDN or NOV for areas other than the areas referenced under federal NOV 94- 020-352-003. We would also like to clarify the facts regarding the May 24, 1994 inspection notice as we understand them. Contrary to the statements made within the May 31, 1994 OSM inspection report, Mr. Rathbun did not indicate that the OSM would "...in all probability, based on the observations made that date (May 25, 1994), issue a federal NOV." In fact, during the referenced telephone conversation of May 24, 1994, Mr. Berry specifically asked Mr. Rathbun what action or actions might be taken on May 25, 1994, and Mr. Rathbun stated that he did not know what action(s) would be taken, and that the decision would not be made until the OSM inspectors arrived at the site on May 25, 1994. DMG is not taking any enforcement action at this time, in response to TDN X-94-020-352-003 TV, as we do not agree that a violation exists. The reclaimed configuration at the Pit No. 1 area is generally in compliance with the properly approved reclamation plan for the Marr Mine. DMG received and reviewed modifications to the original plan, and these modifications were approved. The approved reclamation plan complies with the applicable Colorado Laws and Regulations. During the reviews, and subsequent to approval, the OSM was notified by the normal procedures. The plans have also been subject to considerable OSM oversight, and review, over the past years.