KERRY COAL CO. v OSM;  Docket No. CH 9-176-R (November 14, 1979)

 TYPE: ALJ Hearing: Consent Decision  

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

DATE: November 14, 1979  

CASE-NO: Docket No. CH 9-176-R  

PROCEEDING: Application for Review, Notice of Violation No. 79-I-50-26  

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. On August 3, 1979, Applicant filed applications for review of and
temporary relief from that notice. A hearing was held concerning the matter on September 7, 1979, in Butler,
Pennsylvania.  At the hearing, the parties agreed to settle the issues existing between them, and on October 29, 1979, the
parties filed a proposed consent order.  

   ORDER
 
Since the parties have come to an agreement to settle the matter, the consent order, a copy of which is attached and
made a part hereof, is accepted and adopted as the decision in this proceeding.  

   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
Kerry Coal Company,                     :  Docket No. CH 9-176-R
                                        :
              Applicant,                :  Application for Review
                                         :
v.                                      :  Notice of Violation 79-I-50-26
                                        :
Office of Surface Mining                :  Pa. Permit No. 41-51
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 -I-50-26.  During hearing the parties entered into an
agreement whereby Respondent agreed to vacate Notice of Violation 79-I-50-26 and Applicant agreed to withdraw its
Application for Review.  

   THEREFORE, it is hereby ORDERED that Notice of Violation 79-I-50-26 is hereby vacated and the Application for
Review is dismissed.  

   L. K. Luoma  
   Chief Administrative Law Judge  

   Date {2}

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