WESTERN HICKORY COAL v OSM; Docket No. CH 9-109-R (November 26, 1979)

 TYPE: ALJ Hearing: Consent Decision  

NAME: WESTERN HICKORY COAL CO., Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT, (OSM) Respondent  

DATE: November 26, 1979  

CASE-NO: Docket No. CH 9-109-R  

PROCEEDING: Application for Review, Notice of Violation No. 79-I-50-1, 79-I-50-2  

OPINIONBY: Chief Administrative Law Judge Luoma  

OPINION: CONSENT DECISION
 
Notices of violation and orders of cessation were issued by Respondent to Applicant pursuant to Section 521 of the
Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201-1328.  The notices of violation listed separate
violations.  On August 3, 1979, Applicant filed applications for review of the entire matter.  A hearing was held
concerning the matter on September 7, 1979, in Butler, Pennsylvania.  At the hearing, the parties agreed to settle some
of the issues existing between them, and on October 29, 1979, the parties filed a proposed consent order concerning
violation numbers two, three and four of notice of violation 79-I-50-1 and violation numbers two and three of notice of
violation 79-I-50-2.  Applicant agreed to withdraw the application for review of the cessation orders.  

   ORDER
 
Since the parties have come to an agreement to settle certain violation numbers of the notices of violation as well as the
cessation orders, the consent order, a copy of which is attached and made a part hereof, is accepted and adopted as the
decision in this proceeding.  A decision based upon the evidence received at the hearing concerning violation number
one of notice of violation 79-I-50-1 and violation number one of notice of violation 79-I-50-2 will be issued at a later
date.  

   L. K. Luoma  
   Chief Administrative Law Judge
 
Distribution: (Certified Mail)
 
Leo M. Stepanian, Esq., Brydon & Stepanian, 228 South Main Street, Butler, PA 16001
 
Billy Jack Gregg, Esq., Office of the Field Solicitor, Division of Surface Mining, U.S. Department of the Interior, 723
East Kanawha Blvd., Room 308, Charleston, WV 25301
 
Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Dept. of the Interior, Washington,
D.C.  20240
 
Assessment Office - OSM, Attn: Alice Watson - South Bldg., U.S. Dept. of the Interior, Washington, D.C.  20240  

   [Attachment]
______________________________________________________________________________

                   UNITED STATES DEPARTMENT OF THE INTERIOR
                        OFFICE OF HEARINGS AND APPEALS
                               HEARINGS DIVISION
Western Hickory Coal Company,           :  Docket No. CH 9-109-R
              Applicant,                :  Application for Review
v.                                      :  Notices of Violation 79-I-50-1
                                        :  and 79-I-50-2
Office of Surface Mining
Reclamation and Enforcement             :  Cessation Orders 79-I-50-1
(OSM),                                  :  and 79-I-50-2
              Respondent.               :  Pa. Permit Nos. 152-12 and 152-14
______________________________________________________________________________

   CONSENT ORDER  

   An Application for Review was filed under Section 525 of the Surface Mining Control and Reclamation Act of 1977
to review the fact of violations contained in Notices of Violations 79-I-50-1, 79-I-50-2, Cessation Orders 79-I-50-1 and
79-I-50-2.  Prior to hearing the parties entered into the following agreement:  

   1.  As to Notice of Violation 79-I-50-1, Applicant agreed to withdraw with prejudice its Application for Review of
Violations No. 2 and 3; Respondent agreed to vacate Violation No. 4.  

   2.  As to Notice of Violation 79-I-50-2, Respondent agreed to vacate Violations No. 2 and 3.  

   3.  As to Cessation Orders 79-I-50-1 and 79-I-50-2, Applicant agreed to withdraw with prejudice its Application for
Review of said Orders.  {2}
 
   4.  The parties agreed to submit for decision by the Administrative Law Judge Violation No. 1 of Notice of Violation
79-I-50-1 and Violation No. 1 of Notice of Violation 79-I-50-2.  

   THEREFORE, it is hereby ORDERED that the Applications for Review of Cessation Order 79-I-50-1, Cessation
Order 79-I-50-2, and Violations No. 2 and 3 of Notice of Violation 79-I-50-1 are hereby withdrawn with prejudice.  It
is further ORDERED that Violation No. 4 of Notice of Violation 79-I-50-1 and Violations No. 2 and 3 of Notice of
Violation 79-I-50-2 are hereby vacated.  A decision based upon the evidence concerning Violation No. 1 of Notice of
Violation 79-I-50-1 and Violation No. 1 of Notice of Violation 79-I-50-2 will be submitted at a later date.  
    
L. K. Luoma  
Chief, Administrative Law Judge  

   Date
 
PREPARED BY:

Billy Jack Gregg
Counsel for Respondent
 
INSPECTED BY:
 
Leo M. Stepanian
Counsel for Applicant