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.~ <br />. ~ <br />7 III III III III IIII III <br />STATE OF COLORADO <br />EXECUTIVE CHAMBERS <br />116 Stale Capitol <br />Denver, Colorado 8010]-1791 <br />Phone (JOII B66-Ia71 <br />/.~~F ~'P <br />e '~ <br />n <br />,~ 8 <br />.. ~, <br />~ ~B'!6 ~ <br />Roy Romer <br />Governor <br />August 18, 1994 <br />The Honorable Robert Uram <br />Director <br />Office of Surface Mining <br />Reclamation and Enforcement <br />1951 Constitution Ave., N.W. <br />Washington, DC 20001 <br />Dear Bob: <br />I am writing to request your assistance on an issue <br />regarding Kerr Coal Company's mine near Walden, <br />Colorado. I am concerned about the allegation that the <br />Office of Surface Mining (OSM) failed to adhere to the <br />proper procedures regarding notification to the state <br />before issuing a notice of violation to Kerr Coal <br />Company. <br />This situation has presented difficulties in the <br />effective, cooperative administration of the Surface <br />Mining Act by OSM and the Division of Mining and Geology <br />(DMG). First, issuing the Notice of Violation without a <br />prior Ten-Day Notice fails to recognize Colorado's <br />primary. enforcement authority over federal lands as <br />provided in the Cooperative. Agreement which the <br />Secretary and my predecessor signed in 1982. Second, <br />these actions interfere with the DMG's technical <br />permitting .decision on the approximate original contour <br />standard long after the fact, despite no objection <br />during two previous OSM inspections. Third, the notice <br />of violation requires Colorado to deal simultaneously <br />with a single reclamation issue involving a single <br />mining area in both administrative and litigation <br />proceedings. A summary by the Department of Natural <br />Resources is attached. <br />Z agree with your concept 'of a "shared commitment" to <br />improving administration and control of the Surface <br />Mining Reclamation Act and believe it is key to <br />resolving issues related to our joint responsibility tp <br />protect public lands. <br />