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4 <br />MIDTERM REVIEW, Kerr Coal Company, Marr Strip Mine <br />This document presents the results of the Division's Midterm Review of the Kerr Coal Company's <br />Marr Strip Mine permit. This Midterm Review was conducted to fulfill the requirements of Rules <br />2.08.3, 2.06.2(10), 2.06.3(4), 2.06.7(5) and 3.02.2(4). <br />Rule 2.08.3 requires that the Division conduct a review of each permit issued prior to its midterm <br />(2-1/2 years). On the basis of this review, for good cause shown, the Division may require <br />reasonable revisions or modification of the permit provisions to ensure compliance with the Act <br />and Regulations. <br />Rules 2.06.2, 2.06.3. 2.06.5 and 2.06.7 require that experimental practices, mountain top removal <br />variances, variances from approximate original contour (AOC) and variances from <br />contemporaneous reclamation, respectively, be reviewed by the Division where applicable during <br />the midterm review. <br />Rule 3.02.2(4) requires that the Division review the amount of the bond and the terms of <br />acceptance of the bond every 2-1/2 years. <br />This midterm review consisted of a detailed review of the Marr strip mine permit application and <br />Findings document to identify any items that may have been overlooked during the initial review. <br />The Division reviewed all subsequent revisions and stipulation responses to ensure that all permit <br />commitments and conditions were being followed. Hydrologic monitoring data were reviewed in <br />conjunction with the review of the application to assess the adequacy of the monitoring plan and <br />discussion of hydrologic impacts. Problems and observations from past inspection reports were <br />also considered. <br />SECTION I -HISTORY <br />The Marr strip mine was originally permitted in under the current program January 13, 1981. This <br />permit has been renewed twice and this midterm review will be this mine's 3rd midterm review. <br />The public comment period for the last permit renewal ended March 6, 1993, and the permit was <br />issued March 22, 1993. This permit will expire March 20, 1996, as the renewal review extended <br />two years past the end of the last permit teen. This midterm review essential{y reviews the period <br />of the past year and a half. <br />Enforcement Action <br />During this review period since the issuance of the Divisions proposed decision to approve the <br />permit renewal, the Marr Strip has received 3 Notices of Violation. All were issued as result of <br />the March 31 -- April 1, 1993 inspection. Two NOV's were hydrology related and one was <br />administrative related. These NOV's were satisfactorily resolved and this mine does not have any <br />Kerr Coal, C-80-006, Midterm Review <br />August 17, 1994 <br />2 <br />