Laserfiche WebLink
required by the Permit. This required extensive effort because of the large amount of <br />specialized equipment needed and the location of the Mine remote from population <br />centers with 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 Keri 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 aze 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 Apri121, 1994. <br />9. A bond release inspection was conducted on May l2, 1994. <br />Participating were representatives of Kerr, the DMG, OSM, the Bureau of Land <br />Management ("BLM") and the Colorado State Board of Land Commissioners. The OSM <br />representatives were Stephen Rathbun and Henry Austin of the Albuquerque Field Office <br />("AFO"). <br />10. During the inspection, the BLM and State Land Board <br />representatives expressed their satisfaction with the surface configuration of Pit 1 from <br />their perspective as managers of the lands. <br />11. During the inspection, the OSM representatives asserted that the <br />surface configuration of Pit 1 approved in the Permit and as achieved on the land did not <br />meet the approximate original contour ("AOC") requirements of Rule 4.14.1(2)(a) of <br />Colorado's State Program. They did not assert that the surface co~guration of the land <br />failed to conform to the AOC provisions of the Permit, as approved by the DMG. <br />12. Mr. Rathbun orally advised the DMG representatives that he would <br />issue a federal notice of violation to Kerr for failure to meet the AOC requirements with <br />respect to the federal lands in Pit 1 by the end of that day, May 12, if the DMG failed to <br />do so. After further discussions, Mr. Rathbun orally stated that he would defer federal <br />wo-i. iafw <br />