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ENFORCE37365
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Entry Properties
Last modified
8/24/2016 7:46:23 PM
Creation date
11/21/2007 3:31:33 PM
Metadata
Fields
Template:
DRMS Permit Index
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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taking any additional action at this time." Tr., 103; Ex. No. G- <br />13. <br />On May 25, 1994, OSM conducted a follow-up inspection. Tr., <br />112. The inspection was attended by AFO Inspectors Ra*_hbun and <br />Russell Porter and representatives of Kerr. Tr., 112-13. DMG <br />declined to participate in the inspection. Tr., 113, 157. <br />During the May 25 inspection, Inspectors Rathbun and Porter <br />observed that the ridge in Pit No. 1 had not been restored to <br />AOC, as required by section 4.14.1(2) of the Colorado program. <br />Tr., 113, 166-70, 188-91. Accordingly, Inspector Porter issued <br />the NOV "for failure to return the Federal lands portion of the <br />disturbed area in Pit #`1 to its AOC ." Ex. No. G-16 <br />(inspection report narrative at 4); see also Tr., 189-91, 206-07; <br />Ex. Nos. G-7, G-15, G-20. <br />II. <br />THE HOARD BHOOLD AFFIRIi ALJ CHILD'S JULY 22, 199, <br />DECISION DENYING E$TENDED TEMPORARY RELIEF. <br />Under SMCRA § 525(c), an applicant for review of an <br />enforcement notice or order may request temporary relief from the <br />Secretary pending the completion of administrative review. <br />Section 525(c) provides further that <br />[tlhe Secretarv may rg ant such relief, under suc <br />conditions as he ma prescribe, if-- <br />(1) a hearing has been held in the locality of <br />the permit area on the request for temporary <br />relief in which all parties were given an <br />opportunity to be heard; <br />7 <br />
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