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III IIIIIIIIIIIII III <br />STATE OF COLC~iv~vU <br />DIVISION OF MINERALS AND GEOLOGY <br />Departmem of Natural Rewurces <br />1313 Sherman SI.. Room 215 <br />Denver, Colorado 80201 <br />Phone. 1303) 866-3567 <br />FA%: (3031 8 3 2-8106 <br />June 30, 1994 <br />Deputy Director <br />Office of Surface Mining Reclamation <br />and Enforcement <br />c/o Mr. Thomas Ehmett <br />Albuquerque Field Office <br />505 Marquette Avenue, N.W. <br />Albuquerque, NM 87102 <br />RE: Ten-Day Notice -X-94-020-352-002 TV <br />Kerr Coal Company - Marr Mine <br />Permit No. C-80-006 <br />Dear Mr. Ehmett: <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />EReculise Dirtttor <br />Michael 8. Long <br />Division Director <br />Please forwazd this package to the Deputy Director of the Office of Surface Mining Reclamation <br />and Enforcement (OSM). The following information is presented in response to Ten-Day Notice <br />(TDN) X-94-020-352-002 TV, and is our request for an informal review, pursuant to 30 CFR <br />842.11(b)(1)(ii)(A). The Colorado Division of Minerals and Geology's (DMG) initial response <br />to the above-referenced TDN was deemed inappropriate by the Albuquerque Field Office (AFO), <br />as indicated in a letter dated June 14, 1994, received by the DMG on June 20, 1994. On <br />June 21, 1994, Mr. Thomas Ehmett, of the AFO, granted an extension to the deadline for this <br />submittal. <br />It is our position that the alleged violation referenced in the TDN does not exist, and we <br />respectfully request that the TDN be withdrawn. The facts supporting this position are presented <br />below. Our arguments are based on our belief that: (1) the approved Marr Mine reclamation <br />plan complies with the letter and intent of the pertinent performance standards, and the existing <br />site condition generally complies with the DMG approved plan; (2) procedurally, a violation <br />cannot exist, since a fmal release decision has not been issued; and (3) OSM intervention of this <br />nature, at this late date, is unreasonable given that the OSM has been aware of the approved plan <br />since its inception, and no previous objections exist. <br />All documents or materials referenced within this package are available at the offices of the <br />DMG. Any or all materials will be made available immediately upon request. <br />