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;. <br />iii iiuiiiiiiiiiiii <br />999 <br />be completed by July 25, 1994. <br />On June 6, 1994, Kerr filed an Application for Review of <br />the NOV and an Application for Temporary Relief from abatement <br />requirements stated in the NOV. Kerr Coal Company v. OSM, Docket <br />No. DV 94-12-R. ALJ Child, based on a stipulation of the par- <br />ties, entered an order for temporary relief to August 23, 1994. <br />A hearing on Kerr's Application for Review of the NOV was <br />held on July 20-22, 1994. During the hearing, the judge denied <br />Kerr's Application for Temporary Relief (Tr.-III, 511). Kerr has <br />appealed the denial to the Interior Board of Land Appeals. The <br />appeal is pending. Judge Child ordered the parties to submit <br />post-hearing briefs by September 20, 1994 (Tr.-III, 515-16). <br />The issues to be determined are: <br />1. Whether OSM lacked the authority to issue the NOV di- <br />rectly to Kerr without first giving the state the opportunity to <br />act pursuant to the ten-day notice process. <br />2. Whether DMG's permitting decisions and Kerr's compli- <br />ance thereof, satisfied state approximate original contour stan- <br />dards. <br />-z- <br />