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enforcement action until the close of business on May 18, 1994, by which time he <br />required the DMG to respond in writing regazding 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 Russell Porter of the AFO returned to the Mine <br />for the stated purpose of completing the bond release inspection on May 25, 1994. They <br />issued federal Notice of Violation No. 94-020-352-003 to Kerr at that time. That Notice <br />of Violation applied only to the part of Pit 1 within the Federal Coal Lease and alleged a <br />violation of Colorado Rule 4.14.1(2)(a) for failure to return disturbed azeas to the <br />approximate original contour. Kerr applied for review on June 6, 1994, and the DMG <br />intervened. That case is pending a decision by Administrative Law Judge Child in <br />Docket No. DV 94-12-R, after a hearing held on July 20-22, 1994. On August 24, 1994, <br />OSM issued Cessation Order No. 94-020-250-01 to Kerr for failure to abate the alleged <br />violation on federal lands, and Kerr filed an Application for Review in Docket No. DV <br />94-18-R on September 23, 1994, which also is pending. <br />15. On May 26, 1994, Mr. Porter served Ten-Day Notice No. X-94-020- <br />352-002 ("TDN") on the DMG and Kerr by mail, alleging the same AOC violation of <br />Colorado Rule 4.14.1(2)(a) on the fee lands in Pit 1. The DMG responded stating its <br />disagreement that an AOC violation exists in the Pit 1 area by letter dated June 13, 1994. <br />OSM's AFO rejected the DMG's response as azbitrary and capricious in a letter to the <br />DMG dated June 14, 1994. The DMG requested informal review by OSM's Depury - <br />Director in a letter dated June 30, 1994. The Deputy Duector responded that the DMG <br />had not "shown good cause for not taking appropriate action in response to the TDN" and <br />ordered a federal inspection in a letter to the DMG dated August 22, 1994. <br />16. Mr. Porter issued the NOV to Kerr for failure to ~~turn the fee lands <br />distwbed by surface coal mining operations in Pit 1 to AOC on September 13, 1994. It <br />required Kerr to begin moving dirt to abate the alleged violation by September 28, 1994, <br />and to complete the abatement by October 29, 1994. No provision or time for obtaining <br />the DMG's approval of a revision to the backfilling and grading plan in the Permit was <br />allowed. <br />roar. ~awv~ 4 <br />