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to require virtually exact original contour, which is contrary [o the definition of AOC in <br />Rule 1.04(13). <br />The CO, therefore, is invalid because the underlying NOV is invalid. <br />E. There Can be No Violation of the AOC Standard. at Least Until the DMG <br />Proposes to Aonrove Phase I Bond Release for Pit 1 <br />1. The DMG has not yet decided whether it will approve Kerr's <br />application for Phase I bond release for Pit 1. Even then, OSM must concur before the <br />bond can be partially released as to the Federal lands in Pit 1. 30 C.F.R. § 906.30 (¶ 24). <br />2. Unless both the DMG and OSM agree to the Phase I release, Kerr's <br />obligation to return all disturbed areas of Pit 1 to AOC remains in effect and remains <br />secured by Kerr's bond monies. <br />3. Thus, even if Pit 1 has not met AOC yet, the consequence is merely <br />that Ketr's obligation to achieve that result remains in effect, not that the AOC standard <br />has been violated. <br />4. Accordingly, the CO is invalid because the NOV is invalid. <br />III. RFO~jEST FOR RELIEF <br />Kerr requests that the CO be vacated for the foregoing reasons. <br />u+a~, vRU~ <br />