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<br />Page two <br />Letter to Mr. David C. Shelton <br />Re: Kerr Coal Company <br />April 17, 1981 <br />We also specifically discussed the fact that greatly <br />reduced activity would slow down considerably the removal of <br />coal from the existing pit and that, consquently, backfilling <br />of the existing pit would be delayed until such coal removal <br />could be accomplished. l•Je emphasized during our conversations <br />that Kerr is unable to predict when coal removal in the exist- <br />ing pit will be completed, but suspects that it may require <br />more than six mr~nths for this to occur. Consequently, <br />backfilling operations from the existing overburden stockpile <br />to the existing pit, in all likelihood, will not be commenced <br />for at least six months. It is our understanding that, in <br />light of the present and unexpected reduction in Kerr's mining <br />activities, this delay will not present any compliance problems <br />under either Kerr's permit or the applicable performance <br />standards. <br />We will continue to keep the Division closely appris- <br />ed of all developments affecting regulatory compliance at the <br />Kerr mine. We are confident that a new customer can be located <br />in the near future and full activity resumed as contemplated in <br />the existing Kerr permit. Your understanding and cooperation <br />in dealing with this most difficult situation is greatly appre- <br />ciated. <br />MSM:bb <br />cc: Mr. Michael S. Savage <br />Very truly yours, <br />.r <br />Mic e1 S. McCar by <br />