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BEFORE THE ~~~~~i9"' ~; <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS OCR" Il ~ 1999 <br />HEARINGS DIVISION <br />Ds~~ <br />MINEt~,,~_ <br />KERR COAL COMPANY, <br />Applicant <br />v. <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND <br />ENFORCEMENT, <br />Respondent <br />Docket No. <br />Application for Review <br />Notice of Violation No. 94-020-352-006 <br />Marr Strip Mine <br />Permit No. C-80-006 (Colorado) <br />APPLICATION FOR REVIEW <br />Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., requests <br />administrative review and vacation of Notice of Violation No. 94-020-352-006 (the <br />"NOV") issued by the Office of Surface Mining Reclamation and Enforcement ("OSM") <br />regazding Kerr's Marc Strip Mine ("Mine") on September 13, 1994. A copy of the NOV <br />is attached as Exhibit A. Review is sought pursuant to 30 U.S.C. § 1275 and 43 CFR <br />§4.1160, et~ea. Kerr requests an evidentiary hearing on the Application for Review. <br />I. STATEMENT OF FACTS <br />A. Background Facts <br />1. Kerr is the operator and petmittee 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 azea for the Mine includes federal and fee coal lands. <br />u~af. mivs~ <br />