Laserfiche WebLink
requiring Kerr to redisturb the land.**1 <br />Overall, then, there are questions going to the merits of <br />the NOV so serious, substantial, difficult and doubtful, as to <br />make them a fair ground for litigation. Therefore, this Board <br />should grant interim temporary relief from the NOV. <br />1** Zt should be noted that the DMG has not given final approval <br />pursuant to the requested bond release of Kerr's compliance with <br />AOC requirements provided in the permit (Tr., 40, 212-13, 351).. <br />Thus, an AOC violation had not occurred at the point when OSM <br />issued the NOV. AOC is ripe for violation when all the backfill- <br />ing and grading requirements are completed, and the DMG has <br />issued a proposed decision to release the bond and has asked for <br />concurrence in bond release from OSM. Until that time, the obli- <br />gations concerning the final contour have not been released. Ac- <br />cordingly, the proper procedure here would have been for OSM to <br />disagree with the bond release, rather than to issue an NOV for <br />an alleged violation of the requirements of AOC. <br />-15- <br />