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4. Accordingly, there was no violation because Kerr complied with the final <br />configuration requirements of the Permit and the DMG's professional judgment in approving the <br />Permit defines the .AOC requirements at the Mine. <br />C. The Final Surface Confi¢uration Complies with AOC <br />I. Without regard to the backfilling and grading and AOC requirements of <br />the Permit, the final surface configuration of Pit 1 complies with the AOC requirements of the <br />approved State program, and particulazly Rule 4.14(2)(a). It appears that OSlvt interprets that <br />Rule to require virtually exact original contour, which is contrary to the definition of .AOC in <br />Rule 1.04(13). <br />III. REQUEST FOR RELIEF <br />Kerr requests that the NOV be vacated on the grounds that OSIVt lacked authority to issue <br />it, and on the grounds that no violation occurred because Kerr complied with the DMG's <br />determination on the final surface configuration of Pit 1 and AOC in the Permit and the final <br />surface configuration meets the AOC requirements of the Colorado State program. <br />[V. REQUEST FOR HEARING <br />Kerr requests an evidentiary hearing on this Application for Review. <br />Dated June 4, 1994. <br />Respectfully submitted, <br />DUFFORD & BROWN, P.C. <br />By: ~ ~~~" . , c <br />Richard L. Fanyo <br />1700 Broadway, Suite 1700 ~ <br />Denver, CO 80290-1701 <br />Phone:{303)861-8013 <br />Attorneys for Kerr Coal Company <br />N+O~! b'+9J <br />