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If this reinspection finds that the conditions contained in the ten-day notice <br />still exist, a Federal notice of violation should be issued under 30 CFR <br />843.12(a)(2). This action is supported by a recent decision by Administrative <br />Law Judge Fredrick A. Miller, Collins Mining -vs- OSM. In that decision, <br />Judge Miller ruled t1~at OSMRE properly exercised its oversight authority in <br />issuing a Federal notice of violation and subsequent failure to abate <br />cessation order to a company also under State violation since the State <br />enforcement failed to correct the violation. <br />IE you have any questions or need any further assistance with this matter, <br />please contact Floyd Johnson, Chief, Inspection and Enforcement Section, at <br />FTS 564-2796. <br />~~ ~- <br />and L. Lowrie <br />