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(d) There can be no violation of the AOC standard until the DMG <br />proposes to approve Ken's request for Phase 1 bond release, which <br />also requires OSM's concurrence under the Cooperative Agreement <br />to be effective as to the federal lands in Pit 1. Until that time, any <br />failure to meet with the AOC standard merely means that Ketr's <br />obligation to achieve AOC remains in effect secured by Kerr's bond. <br />not that a violation of the standard has occurred. <br />37. As a consequence of granting temporary relief, the Court should also direct <br />the Secretary to vacate or withdraw the following actions which depend for their validity <br />on temporary relief expiring August 23, 1994: <br />(a) Cessation Order No. 94-020-250-01 which was issued on August 24, <br />1994, for failure to meet the abatement deadline in the Notice of <br />Violation; <br />(b) The proposed $22,500 civil penalty for the Cessation Order; and <br />(c) Notices of potential individual civil penalty liability against Kerr's <br />officers and directors. <br />SECOND CLAIM FOR RELIEF <br />38. As a further consequence of granting temporary relief under section ~26(c) <br />of the Act, the Court must vacate and reverse the Board of Land Appeals' decision for the <br />Secretary denying temporary relief, pursuant to section 526(6) of the Act, 30 U.S.C. § <br />1276(6). <br />PRAYER FOR RELIEF <br />Kerr, therefore, demands that the Court enter orders (t) granting temporary relief: <br />(2) directing vacation of the Cessation Order and withdrawal of the associated civil <br />penalties directed to Kerr and its officers and directors, and (3) vacating and reversing the <br />ll6M1/-! l0/:NNI l o <br />