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inspection of the site (Tr.-I, 36, 68-69, 100; Tr.-II, 347). <br />During the inspection, OSM representative Stephen Rathbun orally <br />stated to the DMG representatives that the configuration of Pit 1 <br />did not meet the AOC requirements of Rule 4.14.1(2)(a) of the <br />Colorado State Program (Tr.-I, 100-01). When the DMG representa- <br />tives disagreed, Rathbun stated that he would issue a federal <br />notice of violation by the end of the day if the DMG did not do <br />so (Tr.-I, 100-02). After further discussions, Mr. Rathbun <br />orally advised the DMG representatives that he would defer feder- <br />al action until 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.-I, 103). On May 25, <br />1994, Mr. Rathbun and OSM inspector Russell Porter returned to <br />the mine and issued a notice of violation alleging that Kerr had <br />failed to return the land to approximate original contour (Tr.-I, <br />191-92). The NOV applies to that part of Pit 1 which is covered <br />by a federal coal lease (Tr.-III, 470). For abatement, the NOV <br />required Kerr to begin transporting, backfilling and compacting <br />spoil by June 6, 1994. It required Kerr to complete the abate- <br />ment by July 25, 1994. <br />OSM's basis for the NOV is that the amended reclamation <br />plan allowed Kerr to leave the east-west notch in the ridge <br />-4- <br />