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and the Colorado State Board of Land Commissioners. The OSM representatives were <br />Stephen Rathbun and Russell Porter of the Albuquerque Field Office. <br />10. During the inspection, the BLM and State Land Board <br />representatives expressed their satisfaction with the surface configuration of Pit 1 from <br />their perspective as managers of the lands. <br />11. During the inspection, the OSM representatives asserted that the <br />surface configuration of Pit 1 approved in the Petmit and as achieved on the land did not <br />meet the approximate original contour ("AOC") requirements of Rule 4.14.1(2)(a) of <br />Colorado's State Program. They did not assert that the surface configuration on the land <br />failed to conform to the AOC provisions of the Permit, as approved by the DMG. <br />12. Mr. Rathbun orally advised the DMG representatives that he would <br />issue a federal notice of violation to Kerr for failure to meet the AOC requirements with <br />respect to the federal lands in Pit 1 by the end of that day, May 12, if the DMG failed to <br />do so. After further discussions, Mr. Rathbun orally stated that he would defer federal <br />enforcement action until the close of business on May 18, 1994, by which time he <br />required the DMG to respond in writing regarding its intentions. <br />13. On May 18, 1994, the DMG faxed and mailed a letter to <br />Mr. Rathbun, stating that they believed the DMG had acted appropriately in their <br />permitting decision and would not take additional action at that time. <br />14. Messrs. Rathbun and Porter returned to the Mine for the stated <br />purpose of completing the bond release inspection on May Z5, 1994. They issued the <br />NOV, a copy of which is attached hereto as Exhibit B, to Kerr at that time. The NOV <br />applies only to the part of Pit 1 within the Federal Coal Lease and alleges a violation of <br />Colorado Rule 4.14.1(2)(a) for failure to return disturbed areas to the approximate <br />original contour. It required Kerr to begin moving dirt to abate the alleged violation by <br />June 6, 1994, and to complete the job by July 25, 1994. <br />15. Temporary relief from the NOV through August 23, 1994, was <br />granted by Judge Child pursuant to a Stipulation betveen OSM and Ken in Docket <br />No. 94-12-R. Judge Child denied Ken's request for an extension of temporary relief after <br />a hearing on July 22, 1994, and Kerr appealed that denial to the Board in IBLA No. 94- <br />779 on August 15, 1994. Kerr's Motion and Renewed Motion for Expedited Interim <br />i+~o-i. v~1.v~ <br />