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violation by the end of the day if the DMG did not do so (Tr., <br />100-02). After further discussions, Mr. Rathbun orally advised <br />the DMG representative that he would defer federal action until <br />May 18, 1994 (Id.). <br />On May 18, 1994, the DMG advised Mr. Rathbun by letter that <br />the Division believed it had acted appropriately and would not <br />take additional action at that time (Tr., 103). On May 25, 1994, <br />Mr. Rathbun and OSM inspector Russell Porter returned to the mine <br />and issued a notice of violation alleging that Kerr had failed to <br />return the land to approximate original contour (Tr., 191-92). <br />Kerr filed applications with the Office of Hearings and Ap- <br />peals for review of, and temporary relief from, the NOV. Kerr <br />Coal Company v. OSM, Docket No. DV 94-12-R. On June 15, 1994, <br />ALJ Child, based on a stipulation between the parties, entered an <br />order granting temporary relief from the NOV from June 7, 1994, <br />to August 23, 1994. <br />Hearing on the applications was held on July 20-22, 1994, <br />before ALJ Child in Denver, Colorado. ALJ Child denied the re- <br />quest to extend temporary relief from the bench (Tr., 511). Kerr <br />commenced this proceeding by appealing ALJ Child's July 22, 1994, <br />decision denying temporary relief to the Interior Board of Land <br />Appeals. <br />-3- <br />