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plans in preparation for the May 12, 1994, phase I bond release <br />inspection, and discovered, for the first time, that a <br />"[d]eviation to [the AOC] requirements had taken place in the <br />Pit 1 area." Tr., 41; see also Tr., 42. <br />2. In May, 1993, Rerr decided to proceed with the <br />full backfillinq and grading job for the 720 Pit <br />and Pit 1. Work began in June, 1993 and was <br />completed in February, 1994. Exh. A-22. <br />Kerr's proposed decision at 6. <br />Kerr's statements that it decided in May 1993 to proceed <br />with the backfillinq and grading work for the 720 pit and pit <br />No. 1 and commenced the work a month later in June 1993 are not <br />supported by the record. Kerr did not cite, and OSM cannot find, <br />anything in the record to support Kerr's statement that Kerr <br />decided to proceed with the work as late as June 1993. On the <br />contrary, Kerr's own exhibit (Ex.) No. A-22 states that the work <br />commenced many years earlier; i.e., in February 1983 for the 720 <br />pit and in July 1990 for pit No. 1. See Ex. No. A-22. <br />3. Rerr could aot carry out another backfillinq and <br />grading plan as required by the abatement actions <br />in the NOV without prior approval of a Permit <br />revision by the DMG. Tr.-III 487. <br />Kerr's proposed decision at 8. <br />Kerr's statement that it cannot abate notice of violation <br />No. 94-020-352-003 (the Federal NOV) without DMG's approval of a <br />permit revision is based on the following testimony by Kerr's in- <br />house counsel, Mr. Richard Munson: <br />6 <br />