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Temporary Relief and Expedited Decision is pending before the Board in IBLA No. 94- <br />779. Kerr requests interim temporary relief nunc p~ tunc to August 23, 1994. <br />A. Background Facts <br />1. Kerr is the operator and permittee of the Marr Strip Mine, which is a <br />surface coal mine located in a remote area of Jackson County, Colorado. <br />2. Kerr operated the Mine and has been conducting reclamation <br />pursuant to Permit No. C-80-006 (the "Permit") issued by the Colorado Division of <br />Minerals and Geology ("DMG") (formerly, the Colorado Mined Land Reclamation <br />Division). <br />The permit area for the Mine includes federal and fee coal lands. <br />4. The DMG is a division of the Colorado Department of Natural <br />Resources, which is the regulatory authority for the Colorado State Program initially <br />approved in 1980 to implement the Surface Mining Control and Reclamation Act of 1977 <br />("SMCRA") on non-federal and non-Indian lands within Colorado. 30 CFR §906.10. <br />5. In September 1982, Colorado and the Secretary of the Interior <br />entered into a Cooperative Agreement, extending application of the Colorado State <br />Program and the jurisdiction of the DMG to surface coal mining and reclamation <br />operations on federal lands within Colorado. 30 CFR §906.30. <br />6. The approved Colorado State Program and the Cooperative <br />Agreement have remained in effect since 1980 and 1982, respectively, and at all times <br />pertinent to this Application. <br />B. Facts Relating to the CO <br />1. Kerr conducted surface coal mining operations at the Mine in two <br />pits. The pit located in the south end of the permit area is known as the 720 Pit and to the <br />north is Pit 1. Tentative plans to extend mining farther north in areas designated Pit 2 and <br />l!!0./. 9/JL91 <br />