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19. During the inspection, the BLM representatives expressed their satisfaction <br />with the surface configuration of Pit 1 from their perspective as managers of the lands. <br />20. During the inspection, the OSM representatives asserted that the surface <br />configuration of Pit 1 approved in the Permit and as achieved by Kerr on the land did not <br />meet the AOC requirements of Rule 4.14.1(2)(a) of Colorado's State Program. They <br />acknowledged, however, that the surface configuration of the land substantially <br />conformed to the AOC provisions of the Permit, as approved by the DMG. <br />21. Mr. Rathbun orally advised the DMG representatives that he would issue a <br />federal notice of violation to Kerr for failure to meet the AOC requirements with respect <br />to the federal lands in Pit 1 by the end of that day, May 12, unless the DMG issued a state <br />notice of violation. After further discussions, Mr. Rathbun orally stated that he would <br />defer federal enforcement action until the close of business on May 18, 1994, by which <br />time he required the DMG to respond in writing regarding its intentions. <br />22. On May 18, 1994, the DMG faxed and mailed a letter to Mr. Rathbun, <br />stating that they believed the DMG had acted appropriately in their permitting decision <br />and would not take additional action at that time. <br />23. Messrs. Rathbun and Russell Porter of the AFO returned to the Mine to <br />complete the bond release inspection on May 2~, 1994. They issued federal Notice of <br />Violation No. 94-020-352-003 (the "NOV") to Kerr at that time. It applied only to the <br />part of Pit 1 within the Federal Coal Lease and alleged a violation of Colorado <br />Rule 4.14.1(2)(a) for failure to return disturbed areas to AOC. It required Kerr to begin <br />moving dirt to abate the alleged violation by June 6, 1994, and to complete the job by <br />July 25, 1994. No provision or time for obtaining the DMG's approval of a revision to the <br />backtilling and grading plan in the Permit was made. A copy of the NOV is attached <br />hereto as Exhibit B and incorporated herein. <br />iae~.r nv:nm 5 <br />