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??ENY of r? <br />a United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />9 +e'9 Reclamation and Enforcement <br />P. O. Box 46667 <br />IN REPLY REFER TO: Denver, Colorado 80201-6667 <br /> REC I , <br />December 31, 2008 <br /> JAN 0 r 2009 <br /> <br />Ronald W. Cattany, Director Division u, ... ;oamation, <br />Mining and Safety <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80202 <br />RE: Phase I, II, and III Bond Release Application (SL-4), Kerr Coal Company (KCC), Marr Mine <br />Permit No.C-1980-006, Proposed Decision and Findings of Compliance <br />Dear Mr. Cattany: <br />This letter acknowledges the Office of Surface Mining's (OSM) receipt and review of the above <br />Proposed Decision and Findings of Compliance document by the Division of Reclamation, <br />Mining, and Safety (DRMS) dated November 17, 2008. OSM's Denver Field Division (DFD) <br />agrees with the Findings and Decision Document and hereby provides OSM concurrence for the <br />above bond release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article <br />IX, Section 24, of the Colorado State-Federal Cooperative Agreement. <br />A thorough summary of previous bond release actions and the operational and reclamation <br />history of the mine are accurately captured in the above Proposed Decision document. Public <br />and landowner notifications of the bond release application were provided to OSM by DRMS. <br />The bond release inspection notifications, DRMS's inspection findings for the bond release <br />inspection, and related correspondence are documented in the Proposed Decision. OSM, the <br />Bureau of Land Management (BLM), and all affected landowners were notified of the bond <br />release inspection. <br />DRMS, BLM, and OSM representatives participated in the bond release inspection on October <br />23, 2007. The BLM concurred with the DRMS Proposed Decision in a letter dated December <br />30, 2008 (copy enclosed). DRMS did not receive any objections regarding the KCC bond <br />release application SL-4 submitted on September 6, 2007. The DRMS Proposed Decision <br />supports the applicant's compliance with the Colorado approved regulatory program at Rule <br />3.03.2 and DRMS's bond release guidelines dated April 18, 1995. Bond release criteria found in <br />the above regulatory provisions have been met or exceeded by the permittee. <br />TAKE PRIDE ?? =, -. <br />AMERICA ,"'?{