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Page 1 <br />Citation <br />GFS(MIN) 20(1999) <br />(Cite ae: 147 IBLA 323) <br />Search Result <br />Rank 4 of 24 <br />Database <br />GFS <br />United States Department of the Interior <br />Office of Hearings and Appeals <br />Interior Board of Land Appeals <br />EDWARD L. KIESEWETTER <br />IBLA 96-527 <br />INDEX CODE: <br />30 CFR 842.12 <br />30 CFR 842.15 <br />Decided February 23, 1999 <br />*323 Appeal from a Decision of Assistant Director of Field Operations, Office <br />of Surface Mining Reclamation and Enforcement, affirming a Decision of <br />Springfield Field Office, Office of Surface Mining Reclamation and Enforcement, <br />declining to take Federal enforcement action with respect to blasting activities <br />of a surface coal mining operation. 94-41-BLAST. <br />Affirmed. <br />1. Surface Mining Control and Reclamation Act of 1977: Blasting and Use of <br />Explosives: Generally--Surface Mining Control and Reclamation Act of 1977: <br />Citizen Complaints: Generally--Surface Mining Control and Reclamation Act of <br />1977: Enforcement Procedures: Generally <br />OSM properly affirms a determination to take no enforcement action in <br />response to a citizen's complaint where the complainant fails to show, by a <br />preponderance of the evidence, that the State's finding that blasting was not <br />the cause of damage to complainant's buildings was arbitrary, capricious, or an <br />abuse of discretion. <br />APPEARANCES: Edward L. Kiesewetter, pro se. <br />OPINION BY ADMINISTRATIVE JUDGE KELLY <br />Edward L. Kiesewetter has appealed from a September 29, 1994, Decision of the <br />Assistant Director of Field Operations, Office of Surface Mining Reclamation and <br />Enforcement (OSM), affirming a July 21, 1992, Decision of the Springfield Field <br />Office (the SFO), OSM, declining to take Federal enforcement action with respect <br />to the blasting activities of the surface coal mining operation of the Mid State <br />Coal Company (Mid State), known as the Rapatee Mine, in Knox County, Illinois. <br />By letter dated May 6, 1992, Appellant initially filed a citizen's complaint <br />pursuant to section 517(h) of the Surface Mining Control and Reclamation Act of <br />Copr. m West 2001 No Claim to Orig. U.S. Govt. Works <br />