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This issue is also significant and serious because it goes to the scope of a state's authority when it has been granted primary, but not exclusive, responsibility to enforce the Surface Mining Control and Reclamation Act of 1977. The third issue raised by the Application for Review also meets this criterion. That issue is whether the final surface configuration achieved by Kerr meets the AOC requirement of the State program, without regard to the terms of the Permit. Because no highwalls or spoil/refuse piles aze left, this issue involves whether the final surface configuration "closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain,..." Colorado Rule 1.04(13). Kerr contends that it does, while OSM's appazent position is that virtually exact, rather than approximate, original contour must be achieved. Resolution of this issue requires technical evidence specific to the site by experts expressing their professional judgment on the two pertinent elements of the AOC definition. Kerr's position on this issue is asserted seriously and in good faith. Accordingly, this issue also is fair ground for litigation. [II. QUEST FOR RELIEF For the foregoing reasons, Kerr respectfully requests temporary relief from the abatement provisions of the NOV and from any further enforcement action by OSM with respect to the violation alleged in NOV until final adjudication of the Application for Review. Further Kerr requests an expedited evidentiary hearing on its request for temporary relief, unless OSM stipulates or does not object to granting it. Dated June 4, 1994. Respectfully submitted, DUFFORD & BROWN, P.C. By: ~ ~~~ Richazd L. Fanyo 1700 Broadway, Suite 1700 Denver, CO 80290-1701 Phone: (303)861-8013 Attorneys for Kerr Coal Company IJJ3~l. NIAJ