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ENFORCE37365
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Last modified
8/24/2016 7:46:23 PM
Creation date
11/21/2007 3:31:33 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980006
IBM Index Class Name
Enforcement
Doc Date
8/25/1994
Doc Name
BRIEF SUPPORTING THE AJS JULY 22 1994 DECISION DENYING EXTENDED TEMPORARY RELIEF
Violation No.
TD1994020352002TV1
Media Type
D
Archive
No
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release of the bond where Federal lands were involved. Tr., 40, <br />157-58. <br />In preparing for and attending the May 12, 1994, inspection, <br />AFO Inspector/Supervisor Stephen Rathbun learned that: <br />1. Unless a variance was granted by DMG, Kerr was <br />obligated to restore the ridge to AOC, as required by section <br />4.14.1(2) of the Colorado program. Tr., 43-44; Ex. No. G-1. <br />2. Kerr never submitted an application for, and DMG never <br />approved, a variance from the AOC requirements for the ridge. <br />Tr., 67-68, 406-07. <br />3. The initial reclamation plan submitted by Kerr and <br />approved by DMG in 1980 required that the north-south running <br />ridge within Pit No. 1 be restored to AOC. Tr., 41, 49, 51-53; <br />Ex. Nos. G-3, G-5. <br />4. The revised reclamation plan submitted by Kerr and <br />approved by DMG in 1990 allowed Kerr to leave an east-west <br />running valley (the valley) that completely bisected the north- <br />south running ridge. Tr., 52-53, 61; Ex. Nos. G-4, G-6, G-9, G- <br />10, G-14. <br />5. Except for a small portion of State lands in the <br />southeast corner, the disturbed area within Pit No. 1, including <br />the valley, was on Federal lands. Tr., 104; Ex. Nos. G-3, G-5, <br />G-7, G-16 (inspection report narrative at 3). <br />6. The valley measured about 200 ft. deep, 2,500 ft. <br />between ridgetops, and 2,000 ft. along its east-west floor. Tr., <br />54, 75-76, 317; Ex. Nos. G-4, G-6, G-9, G-10, G-14. <br />5 <br />
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