EASTERN-DEATON & J&F COAL COMPANIES v OSM; Docket No. NX 8-22-R (  November 21, 1978)

 TYPE: ALJ Hearing: Decision  

NAME: EASTERN-DEATON & J&F COAL COMPANIES, Applicant v OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM), Respondent  

DATE:  November 21, 1978  

CASE-NO: Docket No. NX 8-22-R  

PROCEEDING: Application for Review, Order of Cessation No. 78-II-13-1, August 17, 1978, Eastern Surface Mine  

COUNSEL: 

Fred G. Karem, Esq. and Charles Curry, Esq., Shuffett, Kenton, Curry & Karem, 109 N. Mill Street, Lexington, KY for
the Applicant; 

John P. Williams, Esq., Office of the Field Solicitor, U.S. Department of the Interior, Knoxville, TN for the Respondent  

OPINIONBY: Administratative Law Judge Torbett  

OPINION: DECISION  

   BACKGROUND  

  In accordance with Section 525 of the Surface Mining Control and Reclamation Act of 1977 (the Act) Eastern-Deaton
and J&F Coal Companies, Applicant, applied on August 28, 1978 for review of on order of cessation issued by the
Office of Surface Mining Reclamation and Enforcement, Respondent, under  521(a)(2) of the Act.  A hearing was held
on November 14 and 15, 1978 in London, Kentucky.   

  At the conclusion of the hearing both the Applicant and Respondent waived their rights to file proposed findings of fact
and conclusions of law, and each of them asked that a final decision be rendered immediately, thereupon the
undersigned rendered a decision wherein the order of cessation was vacated.  

   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.  

   ORDER  

   Order of Cessation No. 78-II-13-1 is hereby ordered vacated.  

David Torbett, 
Administrative Law Judge