ENFORCE37365

• Permit No: C1980006
• IBM Index Class Name: Enforcement
• Doc Date: 8/25/1994
• Doc Name: BRIEF SUPPORTING THE AJS JULY 22 1994 DECISION DENYING EXTENDED TEMPORARY RELIEF
• Violation No.: TD1994020352002TV1
• Media Type: D
• Archive: No

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III III'111111'11111
UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF HEARINGS AND APPEALS
INTERIOR BOARD OF LAND APPEALS
IBLA [unassigned]
KERB COAL COMPANY,
Appellant/Applicant,
v.
OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT,
Appellee/Respondent.
Appeal from Denial of
Application for temporary
Relief
Notice of Violation
No. 94-020-352-00'3
Surface Mining Docket
No. DV 94-12-R
HRIEF BDPPORTING THE ALJ~S JIILY 22, 1994,
DECISION DENYING ERTENDED TEMPORARY RELIEF
The Appellee, Office of Surface Mining Reclamation and
Enforcement (OSM), submits the following brief in support of the
July 22, 1994, decision of administrative law judge (ALJ) Ramon
Child denying extended temporary relief from notice of violation
No. 94-020-352-003 (the NOV) based on an application filed by the
Appellant, Kerr Coal Company (Kerr).
I.
HACRGRODND.
A. STATEMENT OF THE CASE.
OSM issued the NOV to Kerr on April 25, 1994. Transcript of
hearing on July 20-22, 1994, before AW Child in Denver, Colorado
(Tr.), 191-92; exhibit (Ex.) No. G-20. The NOV cited Kerr for
failing to restore a ridge to its approximate original contour
(AOC) at the Marr Strip Mine (the mine).near Walden, Colorado.