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"delivery at the mine" coincident with the inspection. Fol- <br />lowing personal service, delivery of a copy of the previously <br />• served notice of violation is to be mailed tc the permitee <br />within 48 hours of the inspection. See, 30 C.F.R. 4722.14. <br />None of these requirements were complied with in connection <br />with the subject NOV and service of the NOV is therefore <br />defective and invalid. <br />3. The authorized representative of the <br />Secretary who issued the 1dOV did not have sufficient. factual <br />basis for establishing the existence of the violation at the <br />time the NOV was issued. <br />B. RELIEF REQUESTED <br />Kerr Coal Company hereby requests that the fJOV be <br />vacated with prejudice. <br />C. NOTICE OF VIOLATIOCI TO BE REVIEI4ED <br />A copy of the tJOV together with t1r. Hurray T. <br />• Smith's letter cf September 14, 1979 has been attached. <br />D. EVILENTIARY HEARIi7G <br />Kerr hereby requests the opportunity for an evi- <br />dentiary hearing in the event that the statements set forth <br />above and attached documents fail to provde adequate basis <br />for summary vacation of the NOV. <br />Respectfully submitted, <br />CONOVER, b1cCLEARid, HEPPEtJSTALL <br />6 !Cr;ARNS, P.C. <br />Micha 1 S. tlcCarthy <br />and <br />BYHuber ~A. Fa~ s, ~L ~S~_.` <br />• 700 Denver Club Building <br />518 Seventeenth Street <br />Denver, Colorado 80202 <br />(303) 292-9456 <br />