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<br /> <br />United States Department of the Intcriol~ <br />OFFICE OF HEARI!\GS AXD AI'PL:,LS <br />RECEIVED <br />JUL 301984 <br />GAINED LAND RECLAMATION DIVISION <br />Colo. Dept. of Natural Resowce~ . <br />WYOMING FUEL COMPANY, <br />Hearings Division <br />6432 Federal Building <br />Salt Lakc-City, Utah 84135-1194 <br />(Phunc: 801.5?4.5344) <br />July 11, 1984 <br />Petitioner <br />v. <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT <br />(OSM), <br />Respondent <br />ORDER <br />n i <br />f C/:~~ ~~ <br />~~ ,,~~ <br />I, i~ <br />i• <br />,' <br />Docket No. Ti] 4-4-P <br />Civil Penalty Proceeding <br />Notice of Violation <br />No. 83-2-6-3 <br />Canadian Strip Mine <br /> <br />PETITION FOR REVIEW DISMISSED <br />On March 13, 1984, the petitioner filed its petition for <br />review in this proceeding. In its petition, the petitioner <br />stated that it "does not seek review of the reassessed civil <br />penalty, but rather only the fact of the alleged violation." <br />It asserted that the notice of violation was invalidly <br />issued and should be vacated for five specified reasons. <br />By an order dated May 9, 1984, the petitioner was directed <br />to show cause why its petition for review should not be <br />dismissed on the grounds that: <br />1. The notice of violation was issued on Sep- <br />tember 8, 1983. The respondent issued a proposed <br />assessment of 51,200 on December 12, 1983. As a <br />result of an assessment conference on February 7, <br />1984, the negligence points were reduced from 12 <br />to 6 and the civil penalty was reassessed from <br />51,200 to S0. <br />2. The petitioner could have challenged the <br />validity of the notice of violation by filing an <br />application foe ceview under 43 CFR 4.1160 et <br />seg. within 30 days of the receipt of the notice <br />of violation. <br />