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Where the balance of hardship to the parties from not granting temporary relief tips decidedly in favor of the applicant, we find that in order to justify temporary relief it is not necessary that the applicant's right to prevail on the merits of the controversy be tree from doubt where he "has raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them fair ground for litigation and thus for more deliberative investigation." [citations omitted] 129 1BLA 28. Kerr meets both [he "balance of hazdship" and the "fair ground for litigation" elements of this standard. A. Ken Would Suffer Great Hazdship Absent Temporary Relief. While OSIvt Would Suffer Virtually None If Tem orar~v Relief is Granted. The hazdship to OSM if temporary relief is granted would be negligible while denying temporary relief would cause great hardship for Kerr. Deferring the abatement actions in the NOV pending the outcome of this litigation would merely postpone compliance with AOC as interpreted by OSM, if OSM prevails. There would be no threat to the ultimate accomplishment of AOC because Kerr's obligation to meet that requirement would remain and its performance is secured by a $5.~ million bond. In contrast, if Kerr were required to abate the NOV pending the outcome, the hazdship to it would be extremely great, indeed irreparable, if Kerr ultimately prevails in the litigation. Kerr estimates that the abatement action would require moving 400,000 to 800,000 cubic yazds of spoil and expenditures of several hundred thousands of dollazs. If the ultimate decision is that AOC already has been achieved, it is doubtful that Kerr could recover these unnecessary expenditures from the government. Moreover, Kerr might have to replace all of the spoil moved while the litigation is pending back to its present location in order to achieve AOC, with the additional expenditures that would require. In addition, it is impossible to begin the abatement by June 6, 1994, and to complete it by July 25, 1994, as the NOV presently requires. [t took Kerr several months to assemble the earth moving equipment and work force in order to commence the backfilling and grading project in July 1993. Given the remote location of the Mine, it would take at least several weeks to assemble a qualified work force. Further, Kerr has been advised by Wagner Equipment Company, which provided the equipment in 1993, that mid-July is the earliest that the necessary equipment could be made available at the Mine. egg Exhibit A (letter from Wagner to Kerr dated June 1, 1994). Finally, Ken's current Permit does not authorize it to perform the abatement required by the NOV. A technical revision to the Permit would have to be prepared and submitted to the ~~.,-,. u+na 3