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<br />:: <br />i <br /> <br /> <br />_,~..,~ <br />IN REPLY REFER TO: <br />United States Department of the Intcrior <br />OFFICE OF HEARINGS AND APPEALS <br />1603 FEDERAL BUILDING <br />1000 Liberty Avenue <br />PITTSBURGH, PENNSYLVANIA 15222 <br />Telephone: 412-644-5448 (FTS 722-5448) <br />April 25, 1980 <br />I Cravait Coal Co., Inc., <br />~ Applicant <br />Docket No. IN 0-10-R <br />v. <br />Application for Review <br />Office of Surface Mining <br />Reclamation and Enforcement Notice of Violation tdo <br />(osi ), <br />Respondent <br />DECISION <br /> <br />i <br />.. . <br />80 III 19-5(4) <br />Appearances: Paul F.. Benson, Esquire, Cravat Coal Co., Inc., Cadiz, <br />Ohio, for applicant; <br />John C. McDowell, Esquire, and Myra P. Spicker, Esquire, <br />Office o~ the Field Solicitor, U.S. Department of the <br />Interior, Inoianaool9.s, Indi2na, for respondent. <br />i <br />Beforie: Administrative Law Judge Shepherd <br />Background i <br />As provided in Section 525 of the Surface Mining Control and Reclamation <br />Act of 1977, 30 U.S.C. ~ 1201 et sew., Cravat Coal Co., Inc., applied on <br />February 11, 1980, for review of Notice of Violation No. 80-III-19-5 issued <br />by the Office of Surface Mining Reclamation and Enforcement. The notice of <br />violation was issued on January 18, 1980, and consisted of four violations. <br />However, only Violation No. 4 is under revie:i. An ev'_dentiary hearing was <br />waived, and briefs'~aere filed by both par. ties. The necessary facts were <br />admitted or agreed to. ~ <br />~ Facts <br />9 <br />IThe violation under review stated: "Operator has failed to!submit a ground <br />water monitoring plan." <br />The alleged provision violated was 30 CFR 715.17(h)(3), and'the remedial <br />action was to submit a complete ground monitoring plan to the regulatory agency <br />for approval. <br />i <br />i I <br />I <br />.d i ~~ <br />