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potentially liable for individual civil penalties in August, 1994 as a result of the Cessation <br />Order. Copies of those notices aze attached hereto as Exhibit E and incorporated herein. <br />29. On May 26, 1994, Mr. Porter of OSM served Ten-Day Notice No. X-94- <br />020-352-002 (the "TDN") on the DMG and Kerr by mail, alleging the same AOC <br />violation of Colorado Rule 4.14.1(2)(a) on the fee lands in Pit I. A copy of the TDN is <br />attached hereto as Exhibit F and incorporated herein. The DMG responded stating its <br />disagreement that an AOC violation exists in the Pit l area by letter dated June l3, 1994. <br />OSM's AFO rejected the DMG's response as arbitrary and capricious in a letter to the <br />DMG dated June 14, 1994. The DMG requested informal review by OSM's Deputy <br />Director in a letter dated June 30, 1994. The Deputy Director responded that the DMG <br />had not "shown good cause for not taking appropriate action in response to the TDN" and <br />ordered a federal inspection in a letter to the DMG dated August 22, 1994. <br />30. Mr. Porter issued Notice of Violation No. 94-020-352-006 to Kerr for <br />failure to return the fee lands disturbed by surface coal mining operations in Pit I to AOC <br />on September 13, 1994. It required Kerr to begin moving dirt to abate the alleged <br />violation by September 28, 1994 (later modified to October 29, 1994), and to complete <br />the abatement by October 29, 1994. No provision or time for obtaining [he DMG's <br />approval of a revision to the backfilling and grading plan in the Permit was made. A cope <br />of this second Notice of Violation is attached hereto as Exhibit G and incorporated herein. <br />31. Kerr filed an Application for Review of the second Notice of Violation with <br />the Oflice of Hearings and Appeals on October 13, 1994, in Docket No. DV 94-20-R. No <br />hearing has been set in that case yet. <br />FIRST CLAIM FOR RELIEF <br />32. Kerr is entitled to have the Court grant temporary relief from Notice of <br />Violation No. 94-020-352-003 effective August 23, 1994, and pending a final <br />irnn+-,, lw~iw~ 7 <br />