RICHARD SHEPHERD D/B/A P.& S. COAL CO. v OSM; Docket No. NX 9-7-R (July 27, 1979)

 TYPE: ALJ Hearing: Consent Decision  

NAME: RICHARD SHEPHERD D/B/A P.& S. COAL CO., Applicant v OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT (OSM) Respondent  

DATE: July 27, 1979  

CASE-NO: Docket No. NX 9-7-R  

PROCEEDING: Application for Review, Notice of Violation No. 78-II-8-11, Order of Cessation No. 78-II-26-2  

OPINIONBY: Administrative Law Judge Torbett  

OPINION: AGREED ORDER  

   The parties having agreed to the entry of an Agreed Order, an it appearing unto the Administrative Law Judge that the
applicant, Richard Shepherd, has already undertaken a continuing program of reclamation on the area surrounding his
deep mine in Anderson County, and it appearing to the Administrative Law Judge that the applicant herein has made and
is making a good-faith effort, within all economic means available, to reclaim the disturbed area in accordance with
statute and in accordance with an agreement between the applicant and the respondent, which provisions are
incorporated and delineated in this order, it is, hereby, ordered:  

   1.  That Order of Cessation No. 78-II-26-2 is hereby vacated.  

   2.  That Notice of Violation No. 78-II-8-11 if hereby modified so that Dale Coal Corporation and P.& S. Coal
Company, a partnership consisting of J.B. Parker and Richard Shepherd, are responsible for completion of remedial
measures as delineated below in paragraph 5.  {2}
 
   3.That any and all civil penalties assessed for the above Notice of Violation will be assessed only against Dale Coal
Corporation and only after the date of this Agreed Order.  That all penalties assessed heretofore against P. . Coal
Company for the Notice of Violation and the Order of Cessation are null and void.  

   4.  That the remedial reclamation operations already done by a private investor on behalf of P. & S. Coal Company be
considered as measures which shall operate toward the satisfaction of the remedial measures delineated in paragraph 5.  

   5.  That Dale Coal Corporation and P. & S. Coal Company will perform the following remedial measures by the dates
stated in each paragraph:  

   (A) They will cover exposed acid and toxic material on the disturbed area only with non-toxic material by July 15,
1979  

   (B) They will regrade the outslope in order to make it stable by August 15, 1979.  

   (C) They will revegetate all disturbed areas.  Revegetation shall include fertilizing, seeding, and mulching the
disturbed area. The initial fertilizing, seeding, and mulching of the disturbed areas shall be completed by October 1,
1979.  

   (D) They shall seal the mine entrance, in order to insure that no water flows from it.  They shall undertake steps
necessary to insure that water from the disturbed area shall, upon its leaving the final sedimentation pond, be within the
effluent limitations for pH, iron, manganese, and supended solids.  The deadline for these steps to be implemented is
September 1. 1979.
 
ENTER: This the 27th day of July, 1979.  {3}
 
   David Torbett  

   Administrative Law Judge
 
APPROVED:
 
George H. Buxton, III
Attorney for Richard Shepherd
 
Stephen A. Irving
Attorney for Dale Coal Corporation & P. & S. Coal Company
 
John Williams
Attorney for Respondent