KERRY COAL CO. v OSM;  Docket No. CH 9-178-R (November 16, 1979)

 TYPE: ALJ Hearing: Consent Decision  

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

DATE: November 16, 1979  

CASE-NO: Docket No. CH 9-178-R  

PROCEEDING: Application for Review, Notice of Violation No. 79-I-25-39  

OPINIONBY: Chief Administrative Law Judge Luoma  

OPINION: CONSENT DECISION
 
A notice of violation was 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 notice of violation listed five separate violations.  On August 3,
1979, Applicant filed applications for review of and temporary relief from the entire notice.  A hearing was held
concerning the matter on September 7, 1979, in Butler, Pennsylvania.  At the hearing, the parties agreed to settle four of
the violations, and on October 29, 1979, the parties filed a proposed consent order concerning violation numbers 1-4.  

   ORDER
 
Since the parties have come to an agreement to settle violation numbers 1-4, 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 five will be issued at a later date.  

   L. K. Luoma  
   Chief Administrative Law Judge {2}
 
 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
Kerry Coal Company,                     :  Docket No. CH 9-178-R
                                        :
              Applicant,                :  Application for Review
                                        :
v.                                      :  Notice of Violation 79-I-25-39
                                        :
Office of Surface Mining                :  Pa. Permit No. 41-42-(A)
Reclamation and Enforcement             :
(OSM),                                  :
                                        :
              Respondent.               :
______________________________________________________________________________

   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 the violations contained in Notice of Violation 79-I-25-39.  Prior to hearing the parties entered into
the following agreement:  

   1.  Applicant agreed to withdraw with prejudice its Application for Review of Violations No. 1, 2, 6, 7 and 8 of Notice
of Violation 79-I-25-39.  

   2.  Respondent agreed to vacate Violations No. 3 and 4 of Notice of Violation 79-I-25-39.  

   3.  The parties agreed to submit for decision by the Administrative Law Judge the fact of violation of Violation No. 5
of Notice of Violation 79-I-25-39.  

   THEREFORE, it is hereby ORDERED that Violation Nos. 1, 2, 6, 7 and 8 of Notice of Violation 79-I-25-39 are
hereby withdrawn with prejudice.  It is further ORDERED that {2}
 
Violations No. 3 and 4 of Notice of Violation 79-I-25-39 are hereby vacated.  A decision based upon the evidence
concerning Violation No. 5 of Notice of Violation 79-I-25-39 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