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1 <br />A ~ <br />III III III IIIIIII III <br />BEFORE THE <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />BOARD OF LAND APPEALS <br />KERR COAL COMPANY, <br />v. <br />OFFICE OF SURFACE <br />RECLAMATION AND <br />ENFORCEMENT <br />IBLA Docket No. 94-799 <br />APPELLANT, ) Appeal from Denial of Application <br />for Temporary Relief <br />Notice of Violation <br />MINING ) No. 94-020-352-003 <br />Marr Strip Mine <br />Permit No. C-80-006(Colorado) <br />APPELLEE, ) <br />MOTION AND ORDER TO INTERVENE <br />The Colorado Division of Minerals and Geology in the De- <br />partment of Natural Resources ("Division"), through the Colorado <br />Attorney General's Office, moves to intervene in the above-cap- <br />tioned proceeding on the following grounds: <br />1. Kerr Coal Company ("Kerr") applied for administrative <br />review and vacation of Notice of Violation No. 94-020-352-003 <br />("NOV") issued by the Office of Surface Mining Reclamation and <br />Enforcement ("OSM"). <br />2. The administrative review of the NOV concerns issues <br />pertaining to the jurisdiction of the Division over mine sites on <br />federal lands and interpretation of the definition and applica- <br />tion of the definition of "approximate original contour" ("AOC"). <br />3. These issues, and any ruling thereon, will directly af- <br />fect the Division in its regulatory role. <br />4. The Division therefore will petition to intervene in <br />the review proceeding and will file a post-hearing brief in ac- <br />cordance with the schedule set by the administrative law judge. <br />