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4. The DMG is a division of the Colorado Department of Natural <br />Resources, which is the regulatory authority for the Colorado State Program initially <br />approved in 1980 to implement the Surface Mining Control and Reclamation Act of 1977 <br />("SMCRA") on non-federal and non-Indian lands within Colorado. 30 CFR §906.10. <br />5. In September 1982, Colorado and the Secretary of the Interior <br />entered into a Cooperative Agreement, extending application of the Colorado State <br />Program and the jurisdiction of the DMG to surface coal mining and reclamation <br />operations on federal lands within Colorado. 30 CFR §906.30. <br />6. The approved Colorado State Program and the Cooperative <br />Agreement have remained in effect since 1980 and 1982, respectively, and at all times <br />pertinent to this Application. <br />B. Facts Relating to the NOV <br />1. Kerr conducted surface coal mining operations at the Mine in two <br />pits. The pit located in the south end of the permit area is known as the 720 Pit. To the <br />north is Pit 1. It is separated from the 720 Pit by an area in the middle known as the Marr <br />Pit, which was mined prior to enactment of SMCRA. Tentative plans to extend mining <br />farther north beyond Pit 1 in azeas designated Pit 2 and Pit 3 were not pursued by Kerr or <br />approved in the Permit. Mining operations in Pit 1 were completed in January 1993 and <br />in the 720 Pit at an eazlier 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 />oversight inspections in 1992 and 1993, and, on information and belief, in other oversight <br />contexts since 1990. <br />5. During the late spring and early summer of 1993, Kerr assembled <br />the earth moving equipment and a work force to perform the backfilling and grading <br />iuo-~, ia~z9~ 2 <br />