ADMINISTRATIVE LAW JUDGE DECISION 79-148

	Administrative Law Judge Decision 79-148

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DENNIS R. PATRICK v OSM; Docket No. NX 8-4-R (December 19, 1978)

TYPE: ALJ Hearing: Decision

NAME: DENNIS R. PATRICK, Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM), Respondent

DATE: December 19, 1978 [Amends November 28, 1978 ]

CASE-NO: Docket No. NX 8-4-R

PROCEEDING: Application for Review Order of Cessation No. 78-II-2-001, Order of Cessation No. 78-II-1-003,
Notice of Violation No. 78-II-1-002

COUNSEL: Marcia A. Smith, Attorney, 100 West Center Street, P.O. Box 281, Corbin, KY 40701, for the Applicant;
John P. Williams, Esq., Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, TN 37901, for the
Respondent.

OPINIONBY: Administrative Law Judge Torbett

OPINION: DECISION

BACKGROUND

In accordance with Section 525 of the Surface Mining Control and Reclamation Act of 1977 (the Act), Dennis R.
Patrick, Applicant appli ed on June 23, 1978 for review of two orders of cessation and a notice of violation, all issued by
the Office of Surface Mining Reclamation and Enforcement, Respondent under 521(a)(2) of the Act. A hearing was
held on December 12, 1978 in Williamsburg, Kentucky.

At the hearing both the Applicant and the Respondent in accordance with a previous order of the undersigned filed
proposed findings of fact and conclusions of law which were orally supplemented in the closing arguments. At the
conclusion of the hearing the undersigned rendered a decision wherein Notice of Violation No. 78-II-1-002 and Orders
of Cessation Nos. 78-II-1-003 and 78-II-2-001 were affirmed.

CONFIRMATION OF DECISION

The decision of the undersigned including the findings of fact and conclusions of law as contained in the verbatim
record made in this case are confirmed by this written decision and order. An extract of the pertinent part of the
verbatim record is attached hereto as Appendix 1.

ORDER

Notice of Violation No. 78-II-1-002 and Orders of Cessation Nos. 78-II-1-003 and 78-II-2-001 are affirmed.

David Torbett,
Administrative Law Judge

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