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<br />~ECEI I/ED <br />U?~IiTED STATES DEPART?vIENT OF THE PVTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />KERR COAL COMPANY, ) Docket No. <br />Applicant ) Application for Review <br />and Application for Temporary Relief <br />v. <br />OFFICE OF SURFACE MINING <br />JUN s ~g94 <br />BEFORE THE Orvisionol ~Aine [s a Gt`'Vn,, <br />Notice of Violation No. 94-020-352-003 <br />RECLAMATION AND ) Marr Strip Mine <br />ENFORCEMENT, ) Permit No. C-80-006 (Colorado) <br />Respondent ) <br />APPLICATION FOR REVIEW <br />Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., seeks <br />administrative review and vacation of Notice of Violation No. 94-020-352-003 (the "NOV") <br />issued by the Office of Surface Mining Reclamation and Enforcement ("OSM") regazding Kerr's <br />Marr Strip Mine ("Mine") on May 25, 1994. Review is sought pursuant to 30 U.S.C. § 127 and <br />43 CFR §4.1100, et sea• Concurrently, Ken is filing an Application for Temporary Relief <br />pursuant to 30 U.S.C. § 1275(c) and 43 CFR §4.1260, et sea• Kerr requests an eo~identiary <br />heazing on the Application for Review and an expedited evidentiazy hearing on the Application <br />for Temporary Relief. <br />STATEMENT OF FACTS <br />A. Backeround Facts <br />l . Kerr is the operator and petmittee of the Marr Strip Mine, which is a <br />surface coal mine located in a remote area of Jackson County, Colorado. <br />2. Kerr operated the Mine and has been conducting reclamation pursuant to <br />Permit No. C-80-006 (the "Permit") issued by the Colorado Division of Minerals and Geology <br />("DMG") (formerly, the Colorado Mined Land Reclamation Division). <br />lun-l u.w <br />