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Pit 3 were not pursued by Kerr or approved in the Permit. Mining operations in Pit l <br />were completed in January 1993 and in the 720 Pit at an earlier date. <br />2. Most of Pit 1 is included in Federal Coal Lease C-22777. The <br />Southeast portion of Pit 1 and the 720 Pit aze located on fee lands. <br />3. In 1990 and 1993, Kerr filed proposed revisions to the Permit with <br />the DMG concerning the postmining configuration of the land surface in the 720 Pit and <br />Pit 1. After investigation and some modification of the proposed revisions, the DMG <br />approved the revisions and incorporated their terms into the Permit. <br />4. OSM representatives reviewed the terms of the Permit during <br />inspections in 1992 and 1993, and, on information and belief, in other oversight contexts <br />since 1990. <br />5. During the spring and eazly summer of 1993, Kerr assembled the <br />earth moving equipment and a work force to perform the backfilling and grading required <br />by the Permit. This required extensive effort because of the lazge amount of specialized <br />equipment needed and the location of the Mine remote from population centers with <br />qualified equipment operators. <br />6. The backfilling and grading work commenced in July 1993 and was <br />completed in January 1994. Kerr expended about $3 million and moved more than 5 <br />million cubic yards of spoil to complete the work. <br />7. The surface configuration created by Kerr's backfilling and grading <br />substantially conformed to the postmining surface configuration and other AOC <br />requirements of the Permit, with some minor exceptions identified by the DMG in the <br />subsequent bond release inspection which are being addressed by Kerr. <br />8. Kerr filed a Phase I bond release request with the DMG on or about <br />April 18, 1994, gave notice to all other required parties including OSM, and published <br />notice in the appropriate newspapers. The bond release request was deemed complete by <br />the DMG on or about April 21, 1994. <br />9. A bond release inspection was conducted on May l2, 1994. <br />Participating were representatives of Kerr, DMG, OSM, the Bureau of Land Management <br />iuai, v~yvi <br />