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iiiiiiiiniiiiuiii 999 SEP 2 3 BEFORE THE Ci~ision cf P,i~r.e,~'s & G2:,IO~Y UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF HEARINGS AND APPEALS HEARINGS DIVISION KERB COAL COMPANY, Applicant v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, Respondent Docket No. Application for Review Cessation Order No. 94-020-250-O1 Marr Strip Mine Permit No. C-80-006 (Colorado) APPLICATION FOR REVIEW Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., requests administrative review and vacation of Cessation Order No. 94-020-250-01 (the "CO") issued by the Office of Surface Mining Reclamation and Enforcement ("OSM") regarding Kerr's Marr Strip Mine ("Mine") on August 24, 1994. A copy of the CO is attached as Exhibit A. Review is sought pursuant to 30 U.S.C. § 1275 and 43 CFR §4.1160, etet se . Kerr requests an evidentiary hearing on the Application for Review. The CO was issued for failure to abate Notice of Violation No. 94-020-352-003 (the "NOV") which was issued to Ken by OSM on May 25, 1994. A copy of the NOV is attached as Exhibit B. Kerr applied for review of the NOV in Docket No. DV 94-12-R on June 6, 1994, a hearing was held before Administrative Law Judge Child on July 20- 22, 1994, and Judge Child's decision in that case will be issued some time after briefing concludes on October 5, 1994. Kerr also filed an Application for Temporary Relief from the NOV on June 6, 1994, in Docket No. DV 94-12-R. Pursuant to a stipulation, Judge Child granted temporary relief through August 23, 1994, by an Order dated June 15, 1994. Judge Child denied Ken's request to extend temporary relief beyond August 23, 1994, at the hearing on July 22, 1994. Kerr appealed that denial to the Interior Board of Land Appeals in IBLA No. 94-779 on August 15, 1994. Kerr's Motion and Renewed Motion for Interim lN0./, D/I1A~