ENFORCE25601

• Permit No: C1981039
• IBM Index Class Name: Enforcement
• Doc Name: ENVELOPE
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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Docket No. IN 0-10-R
stil
wa
det
the
dent's brief, was done on March 18, 198G, the mere filing of a plan would
subject this applicant to a nctice of violation under the respondent's
for not complying with the requirement that "the quality of ground
shall be monitored in a manner approved by the regulatory authority to
ine the effects of surface coal mining and reclamation operations on
charge capacity."
IIt is clear to me that the mere fact of filing a plan does not satisfy
'~ the requirements of [he regulation as it would have [o be construed by the
respondent if implementation was intended to be immediate.
Order
...
I find that Violation No. 4 of Notice of Violation No. 80-III-19-5 was
improperly issued. ~
no ti
of S
4015
(This Decision may be appealed in accordance with 43 CFR 4.1271 by filing a
:e of appeal within 30 days from receipt of this Decision with the Board
~irface Mining and Reclamation Appeals, ll.5. Department of the Interior,
Wilson Boulevard, Arlington, Virginia 22203.
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Administrative Law Judge
Distlibution:
Pau1IF. Benson, Esquire, Cravat Coal Co., Inc., Route ~k4, Cadiz,'. Ohio 43907
(Certified Mail)
Johnl C. McDowell, Esquire, and Myra P. Spic'.cer, Esquire, Office of the Field
Solicitor, Office of Surface Mining, U.S. Department of the Interior,
505 Federal Court Building, 46 E. Ohio Street, Indianapolis, Indiana 46204
(Ceritified Mail)
i
Associate Solicitor, Office of Surface Mining Reclamation and Enforcement,
U.S.I Department of the Interior, Washington, D.C. 20240 (Certified Mail)
Inspection and Enforcement, Office of Surface Mining, U.S, bepartment o£ the
Inteirior, 1951 Constitution Avenue, N.W., Room 109, Washington,jD.C. 20240
Director, Office of Surface Mining, U.S. Department of the Interior, Washington,
D.C~ 20240, Attention: Special Assistant to Director
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