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:, <br />III IIIIIIIIIIIIIIII <br />999 <br />4ErEIV~::;-,, <br />JUIV 61994 <br />UTI[TED STATES DEPARTMENT OF THE INTERIOR'S~c~n cr ~~'~~~~'~'~ a ~°~w<,y <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <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 />and Application for Temporary Relief <br />Notice of Violation No. 94-020-352-003 <br />Marr Strip Mine <br />Permit No. C-80-006 (Colorado) <br />APPLICATION FOR TEMPORARY RELIEF <br />Kerr Coal Company ("Ken"), by its attorneys, Dufford & Brown, P.C., pursuant to 30 <br />U.S.C.§ 1275(c) and 43 CFR §4.1260, et sea•, requests temporary relief from Notice of Violation <br />No. 94-020-352-003 ("NOV") issued by the Office of Surface Mining Reclamation and <br />Enforcement ("OSM") on May 2~, 1994. The NOV concerns the Marr Strip Mine ("Mine") of <br />which Kerr is the operator and permittee under Permit No. C-80-006 ("Permit") issued by the <br />Colorado Division of Minerals and Geology ("DMG"). The DMG is the regulatory authority <br />under Colorado's approved State program and the Cooperative Agreement between the Secretary <br />and Colorado. ~ 30 CFR, Part 906. Concturently, Ketr is filing its Application for Review of <br />the NOV. <br />In this Application, Kerr requests temporary relief from the abatement actions set forth in <br />the NOV and from any further enforcement action, including a failure to abate cessation order, <br />regazding the violation alleged in the NOV. Ketr requests that such temporazy relief extend until <br />final adjudication of the Application for Review. <br />Kerr also requests that an evidentiary hearing be held on this Application on an expedited <br />basis in the locality of the Mine, ~g 30 U.S.C. § 1275(c)(1), unless OSM stipulates or does not <br />object to entry of an order granting such temporary relief An expedited hearing is necessary <br />because the NOV requires Kerr to commence abatement of the alleged violation on June 6, 1994, <br />ten days after the NOV was issued. Commencement of abatement by that time is impossible <br />,..,.~. d„a, <br />