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~n <br />~^ <br />since there is no requirement for a showing of environmental <br />harm. The SMCRA [§ 102(f)] states that it is a purpose of <br />the Act to "strike a balance between protection of the environ- <br />ment and agricultural productivity and the nation's need for <br />coal as an essential source of energy." The Secretary and OSM <br />ignored this statutory mandate by imposing the most stringent <br />design criteria possible with little consideration of whether <br />such stringent design criteria afford any additional environ- <br />mental protection. <br />C. Alternatively, SEI .requests that the Adminis- <br />trative Law Judge vacate Alleged Violation No. 6 of Notice <br />of Violation No. 79-V-1-12 on the ground that the one-tenth <br />of an acre parking pad is a pre-existing structure for which <br />a reconstruction plan should be implemented. <br />II. <br />SEI requests that the Administrative Law Judge grant <br />all other relief to which SEI may be entitled, including, but <br />not limited to, full or partial termination or modification <br />of Notice of Violation No..79-V-1-12. <br />UEST FOR AN EVIDENTIARY HEARING <br />SEI hereby requests an evidentiary hearing on the <br />issues raised by Notice of Violation No. 79-V-1-12 and this <br />Application for Review. <br />COPY OF NOTICE OF VIOLATION <br />A copy of Notice of Violation No. 79-V-1-12 is <br />attached to this Application for Review. <br />-8- <br />