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<br />y <br />NICK J. RAHALL II <br />3d DI$TPIGT, WEST VIRGINIA <br />COMMITTEE ON PUBLIC WORKS <br />AND TRANSPORTATION <br />CHAIRMAR <br />SURFACE TRANSPORTATION <br />WATEfl RESOURCES <br />4ND ENVIRONMENT <br />ECONOMIC DEVELOPMENT <br />COMMITTEE ON NATURAL RESOURCES <br />ENERGY AND MINERAL RESOURCES <br />NATIONAL PARKS. FORESTS, <br />AND PUBLIC LANDS <br />III IIIIIIIIIIIIIIII <br />3369 RnsVRn BI 999 J3 <br />12021 225-Ja53 <br />~ongre~~ of tfje ~niteD ~itate~ <br />~ou~e oI ~tepregentatibeg <br />ildlag4ington, i19C 20515-4803 <br />September 21, 1994 <br />Bob Uram, Director <br />Office of Surface Mining <br />Reclamation and Enforcement <br />U.S. Department of the Interior <br />1951 Constitution Ave. NW <br />Washington, D.C. 20240 <br />Dear Bob: <br />110K MAIx Sr. BECU[r. WV 25601-A 696 <br />130<1353-5000 <br />B I S F6Tx AvF <br />HV xiixcron. WV 2 5 10 1-208 8 <br />IJO<1 522-HICK <br />fi01 FFOER+L 6T. ROOw 1005 <br />BW Ef iFlO. WV 2<]01-3037 <br />(300)]25-6122 <br />R K 6VIl01NG, a5 wASHlnc+ox Ave <br />Loc+x. WV 25601-]900 <br />(]0~I ]52-a9Je <br />101 NORTH CouRr Sr., P.0 Bow 5 <br />LEwiseunc. Wv 2A901-0005 <br />130918<]-3228 <br />As you know, I spent many years in my capacity as the chairman of the former <br />Subcommittee on Mining and Natural Resources seeking to protect the integrity of the <br />Surface Mining Control and Reclamation Act of 1977 (SMCRA) regulatory program. In <br />my view, your immediate predecessor at times sought to undermine the implementation of <br />the Act in a number of areas often as a result of making arbitrary decisions. These actions <br />not only caused instability in the surface mining program but seriously eroded public <br />confidence in the Office of Surface Mining Reclamation and Enforcement (OSMRE). <br />I have always maintained that instability in the surface mining program was adverse <br />to the interests of coalfield citizens and the coal industry alike. In order to be truly <br />effective, the program must be implemented with some semblance of predictability and <br />fairness. <br />In this regard, I want to express my deep concern over a situation that is taking <br />place in Colorado involving a dispute between the State of Colorado, OSMRE and the Kerr <br />Coal Company. The issue at hand involves OSMRE's contention that Kerr has failed to <br />return areas disturbed by surface mining to approximate original contour at its operation <br />in Jackson County. Whether this is, or is not, the case is not a matter I am in a position <br />to comment on. What is disturbing to me is that OSMRE failed to issue aTen-Day Notice <br />to the State regulatory authority, and to consider the State's response to such notice, prior <br />to the issuance of a Notice of Violation. <br />As you must know, section 521 of SMCRA clearly requires OSMRE to provide the <br />State regulatory authority with aTen-Day Notice when it has reason to believe a violation <br />of the Act exists. This Ten-Day Notice procedure does not apply in situations where there <br />is adequate proof that an imminent danger or significant environmental harm exists. <br />O THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS <br />