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IBIA 85-723 OPINION BY ADMINISTRATIVE JUDGE ARNESS .~ " Dora Minirg Company, Inc., has appealed from a decision of A~3ninistra- tive Iaw Judge Dnvid Torbett, dated June 14, 1985, which held that the Office of Surface Mining Reclamation and Enforcement (OSMRE) had properly :Lssued Notice of Violation (NOV) No. 83-10-84-05 citing appellant for failure to establish a diverse, effective, and permanent vegetative Dover at its Mine No. 1. The NOV was issued pursuant to section 521(a) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. S 1271(a) (1!382). Dora mined coal at Mine No. 1 pursuant to Alabama State Permit No. P-2213. All minirg wrducted by Dora under the permit was canp:Leted by April 30, 1980, prior to the State assuming primacy over the regulation of surface coal minirg and reclamation operatiore within its boundaries. 1 On March 31, 1983, Dora requested complete release of its 538,40• oerfoaoance bord fran the Alabama Surface Mining Commission (ASMC). Foll +ing an inspeo- tion by ASMC Inspector Rebecca Wright-Hyde, ASMC on May 30, 1983, a)~prwed release of Dora's performance bord. On August 9, 1983, O6MRE Reclamation Specialist Robert W. PreLxck con- ducted an oversight inspection of the minesite and determined that Dora had not established sufficient vegetative cover on the disturbed areas. As a result, Irepector Prebeck on August 25, 1983, issued a 10-0ay notice, No. X-83-10-84-20, to the State of Alabama citing Dora's failure to establish a diverse, effective, and permanent vegetative cover on all disturbed lands. ASMC responded to the 10-day notice on September 1, 1983, stating tJhat it had• ~. no further jurisdiction to regulate Dora's minesite because ASMC inspector Wright-Hyde had granted a 100-percent bond release on Anril 18, 1983. f On September 7, 1983, Inspector Prebeck issued NOV No. 83-10-64-05 to Dora for its failure to establish on all lands disturbed a diverse, effective, and permanent vegetative cover. The NOV required abatement of the violation by December 7, 1983. In accordance with section 525 of SMCAA, 30 U.S.C. S 1275 (1982), Dora applied for review of NOV No. 83-10-84-05 and after proper notice G~ the parties, a hearing was held in Birmingham, Alahama, on March 8, 1985. Dora presented no witnesses at the hearing, but instead submitted various docu- ments as exhibits for the record. Respondent, OSMRE, presented the testimony of its Inspector Prebeck. The Administrative Law Judge issued his decision on June 14, 1985, sustaining the NOV, and concluding that the mining operation was not in ca~liance with all applicable revegetation standards. Dora timely appealed Judge Torbett's decision to the Board and raised three grounds for appeal. Appellant first argues that OSMRE lacked jurisdio- tion order the facts of this case to issue an NOV, asserting that ObT4tE 1 The Alabama Surface Mining Commission (ASMC) was designated the regula- tory authority in Alabama on May 20, 1982, the day on which the Alabmma State program was conditionally approved. 30 CFR 901.10; 47 FR 22057 (May 20, 1982), as amended at 49 FR 7605 (Mar. 2, 1984). f Appellant's exhibit A-6 reveals that the Inspector recommended 100-percent bond release on this date; approval of this recommendation occurred, as stated above, on May 30, 1983. 100 IBLA 301