Laserfiche WebLink
RECEIVEQ <br />NOV 0 4 1994 <br />BEFORE THE Division o(Minerals & Geology <br />UMTED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />HEARINGS DIVISION <br />KERR COAL COMPANY, ) <br /> <br />Applicant ) <br />v. ) <br />OFFICE OF SURFACE MINING ) <br />RECLAMATION AND ) <br />ENFORCEMENT, ) <br /> <br />Respondent ) <br />Docket No <br />Petition for Review of Civil Penalty Assessment <br />Notice of Violation No. 94-020-352-006 <br />Marr Strip Mine <br />Permit No. C-80-006 (Colorado) <br />PETITION FOR REVIEW OF CIVIL PENALTY ASSESSMENT <br />Kerr Coal Company ("Kerr"), by its attorneys, Dufford & Brown, P.C., petitions <br />for review of the civil penalty assessment by the Office of Surface Mining Reclamation <br />and Enforcement ("OSM") with respect to Notice of Violation No. 94-020-352-003 (the <br />"NOV"). Kerr requests review pursuant to 30 C.F.R. § 845.19, 43 C.F.R. §§ 4.1100 ~ <br />sue,, ,and § 518(b) of the Surface Mining Control and Reclamation Act of 1977 ("Act"), <br />30 U.S.C. § 1268(b). As grounds for contesting the civil penalty, Kerr states as follows: <br />1. OSM assessed the civil penalty against Kerr for the NOV in a document <br />entitled "Conclusion of Conference" dated October 3, 1994, a copy of which is attached <br />hereto as Exhibit A. The assessment was made after an assessment conference held on <br />September 12, 1994, regarding the Proposed Assessment dated July 11, 1994, a copy of <br />which is attached as Exhibit B. The amount of the assessment increased to $2,400 from <br />the proposed assessment of $1,300. <br />2. The assessment should be vacated because the underlying NOV is invalid. <br />Kerr is contesting the validity of the NOV in Docket No. DV 94-12-R, which is pending <br />a decision on the validity of the NOV by Administrative Law Judge Child. If the NOV is <br />vacated by the fmal decision in that case, the assessment likewise must be vacated. <br />OSM also misapplied the civil penalty formula in calculating the amount of <br />the assessment in at least three respects. <br />sac +uvs. <br />