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III IIIIIIIIIIIII III <br />UNITED STATES OF AMERICA <br />DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />KERB COAL COMPANY, <br />Applicant, <br />v. <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT, <br />Respondent, <br />COLORADO DIVISION OF <br />MINERALS AND GEOLOGY, <br />Intervenor. <br />c c T 2 0 ~s~~ <br />CtFIC ^ OF .THE <br />'~ ~'?'.':,,+1 iic::~JG'i: i;S SECTION <br />Docket No. DV 94-12-R <br />Applications for Review <br />and Temporary Relief <br />Notice of Violation <br />No. 94-020-352-003 <br />Marr Strip Mine, Colorado <br />OSM REPLY TO THE INTERVENOR'8 BRIEFS <br />On September 20, 1994, the Intervenor, Colorado Division of <br />Minerals and Geology (DMG), filed a post-hearing motion to <br />intervene in this proceeding, along with a brief challenging the <br />validity of notice of violation No. 94-020-352-003 (the NOV). <br />The NOV was issued by the Respondent, Office of Surface Mining <br />Reclamation and Enforcement (OSM), for the Applicant, Kerr Coal <br />Company's (Kerr's) failure to achieve approximate original <br />contour (AOC) at pit No. 1 within the permit area of the Marr <br />Strip Mine near Walden, Colorado. Transcript of the hearing on <br />July 20-22, 1994, before administrative law judge (ALJ) <br />Ramon M. Child in Denver, Colorado (Tr.), 191-92; exhibit (Ex.) <br />No. G-20. <br />On October 5, 1994, DMG also filed a brief in response to a <br />post-hearing proposed decision filed by OSM. <br />