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Mr. Thomas Ehmett 2 Juue 30, 1994 BACKGROUND On May 12, 1994, members of the DMG and OSM/AFO conducted a Phase I bond release inspection at the Kerr Coal Company (Kerr), Marr Mine. As a result of the May 12, 1994 inspection, and a subsequent May 25, 1994 OSM/AFO inspection, federal Notice of Violation 94-020-352-003, and TDN X-94-020-352-002 TV were issued. Also issued as a result of the May 12, 1994 inspection was a DMG inspection report and evaluation dated May 25, 1994, containing a detailed list of issues which must be resolved prior to any final decision to approve the Phase I release request. The reclamation is generally in compliance with the approved plan; however, a final decision has not been made by DMG, and such a decision will not be made until the outstanding deficiencies are addressed adequately by Kerr. The Harr Strip Mine is located in north central Colorado, 12 miles east of the town of Walden, in an intermountain valley known as North Park. The Marr Mine produced coal from the Sudduth seam, a coal seam 36 feet to 75 feet thick. The dip of the coal averages 68°. The coal at the Marr Mine is thick and steeply dipping; therefore, mining was conducted using "open pit" mining methods, as opposed to "area strip" methods. The Marr Mine consists of three main pit sections. These are the center pit area, lmown as the "Harr Pit," a southern pit known as the "720 Pit," and the northern area addressed in the TDN, known as the "Pit 1." The "Harr Pit" area was mined prior to August 1, 1980, and a large portion of this "Harr Pit" was backfilled, graded, topsoiled and seeded prior to the Permanent Program permit issuance on March 20, 1981. The "Pit 1" mining was not approved or initiated under any permits prior to the March 20, 1981 State approval. The current reclamation plan was revised and approved via State permit Technical Revision No. 7 (approved July 18, 1990), with minor additional modifications made and approved via State permit Technical Revision No. 10 (approved October 29, 1993). These changes occurred when it became apparent that market and lease problems would prevent additional mining which was previously anticipated. Numerous detailed mine phw and reclamation plan sequence maps are available for review at the DMG Office, but are not included here, due to volume considerations. Various aerial photographs of the mine, including photos from June 28, 1976, September 25, 1980, and numerous photographs from more recent years are also on file at the DMG. These maps and photographs clearly document the mining and reclamation sequence at the Marr Mine, and these materials have been used to research and support this request for review. REGULATORY ISSUES The TDN alleges that Kerr Coal Company has failed "...to return areas disturbed by surface coal mining operations to their approximate original contour."