ADMINISTRATIVE LAW JUDGE DECISION 79-49

	Administrative Law Judge Decision 79-49

This is the Office of Surface Mining's Library of Administrative Law Judge (ALJ) Decisions. These decisions are from the Interior Department's Office of hearings and Appeals (OHA) which adjudicates disputes arising from the enforcement of the Surface Mining Control and Reclamation Act (SMCRA). There are currently has nine Administrative Law Judges (ALJ's) who hear all cases in which a hearing on the record is required under the Administrative Procedures Act. Administrative Law Judge Decisions that are appealed are heard by the Interior Board of Land Appeals (IBLA) and other appeal boards. For copies of appeal decisions and other information regarding the Office of Hearings and Appeals, see www.doi.gov/oha.

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BURNRITE COAL CO. v OSM; Docket No. CH 9-219-R (October 23, 1979)

TYPE: ALJ Hearing: Decision

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

DATE: October 23, 1979

CASE-NO: Docket No. CH 9-219-R

PROCEEDING: Application for Review, Notice of Violation No. 79-I-87-11

OPINIONBY: Administrative Law Judge Allen

OPINION: SUMMARY DECISION

In accordance with section 521 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.) (the Act), Burnrite Coal Company filed an application for review of Notice of Violation No. 79-I-87-11 on
September 17, 1979, issued by the Office of Surface Mining Reclamation and Enforcement (respondent) under section
521(a) (3) of the Act.

On October 4, the undersigned received a communication from applicant that no hearing was requested as to the
violation, only "some consideration" should be given.

The applicant admitted to blasting within 1,000 feet of a building by 15 feet and stated that the "shanty" had since
been vacated and torn down.

Respondent in its answer and motion for summary decision shows that one of the violations in Notice of Violation No.
79-I-87-11 had been vacated and that the only remaining violation was that blasting occurred within 1,000 feet of a
dwelling, to wit 895 feet, to which the applicant had admitted.

Based upon the representation by the applicant and the motion by the respondent pursuant to 43 CFR 4.1125(c), said
motion for summary decision is granted, and the violation No. 1 under Notice of Violation No. 79-I-87-11 is affirmed
since the applicant was guilty of the violation by 15 feet.

Tom M. Allen
Administrative Law Judge {2}

Distribution:

James A. Alvis, Jr., President, Burnrite Coal Co., Drawer N. Rupert, WV 25984 (Certified Mail)

John R. Woodrum, Esq., Office of the Field Solicitor, Division of Surface Mining, U.S. Dept. of the Interior, 723
Kanawha Blvd., E., 9th Floor, Charleston, WV 25301 (Certified Mail)

Associate Solicitor, Office of Surface Mining Reclamation and Enforcement, U.S. Dept. of the Interior, Washington,
DC 20240 (Certified Mail)

Assessment Office - OSM, Room 215, So. Bldg., U.S. Dept. of the Interior, Washington, DC 20240

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