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• <br />UIJITED STATES DEPARTPfEtJT OF THE INTERIOR <br />OFFICE OF HEARINGS AtJD APfEP.LS <br />ZN THE MATTER OF: KERB COAL ) <br />COMPANY, NOTICE OF VIOLATION ) <br />N0. N 79-5-5-26 ) <br />OFFICE OF SURFACE MINILJG ) <br />RECLAMATION AND ENFORCEMENT, ) <br />DEPARTMENT OF THE INTERIOR ) <br />BY THE OFFICE OF TEIE SOLICITOR) <br />DEPARTMENT OF T[IE INTERIOR ) <br />APFLICATION FOR REVIEW <br />OF NOTICE OF VIOLATION <br />vs. J <br />KERR COAL COt4PANY ) <br />Kerr Coal Company ("F:err"), by its attorneys Conover, <br />u <br />1dcClearn, Heppenstall 6 Kearns, P.C., hereby makes application <br />far review of Notice of Violation N 79-5-5-26 ("the NOV") pur- <br />suant to 30 U.S.C. §1275 and 43 C.F.R. §4.1160, et seg. <br />A. STATEPIENT OF FACTS EtITITLING KERR COAL COMPANY <br />TO ADh1ItLISTRATIVE RELIEF <br />As grounds for this application to review the NOV, <br />Kerr Coal Company states the following: <br />1. Kerr received the [JOV by mail rather than <br />by personal service as required by 30 C.F.R. §722.14. Service <br />of the NOV w~.s therefore defective and contrary to the re- <br />quirements of 30 C.F.R. §722.14. <br />2. On September 17, 1979, Kerr received the <br />n <br />U <br />subject NOV as an attachment to a letter from ttr. t4urray T. <br />Sm;.th, Federal Lands Coordinator for Region V, Office of <br />Surface M`.ning Reclamation and Enforcement, which letter was <br />dated September 14, 1979. DSr. Smith's letter referenced the <br />NOV as resulting from a July 10, 1979 on-site inspection of <br />the Kerr mine. The NOV itself recites the July 10, 1979 in- <br />spection and states that the date of service for the NOV was <br />September 11, 1979. Notices of violation are to be served by <br />