1986-01-31_GENERAL DOCUMENTS - C1981017

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l�ii •J�rY.1� � 1 7�� I #, Ir i t UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF HEARINGS AND APPEALS HEARINGS DIVISION MID-CONTINENT RESOURCES, INC. Petitioner Docket No. DV 05P V. Petition for Review OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT: Notice of Violation (OSM) No. 79-V-18-3 Respondent Coal Basin Mine JOINT MOTION FOR CONSENT DECISION Now comes the Petitioner, Mid-Continent Resources , Inc. (Mid-Continent) and Respondent, Office of Surface Mining Reclamation and Enforcement (OSM) pursuant to 43 CFR 4 . 111 and make the following Joint Motion for Consent Decision. In support of this Joint Motion the parties would show unto the Administrative Law Judge as follows : 1. An Application for Review of OSM Notice of Violation No. 79-18-3 was filed on February 12 , 1980 for review of fact of violation and proposed civil penalty assessments in alleged violations 1 of 5 , 3 of 5 , and 5 of 5 . This application for review was accompanied by Petitioners check No. 2694 , dated February 11, 1980 in the amount of $3 ,200 payable to the Assessment Office - OSM to be held in an escrow account pending final resolution of this Petition for Review. 2 . As a matter of information only, Petitioner submitted on February 12 , 1980 its check No. 2695 , dated February 11, 1980, payable in the amount of $480 . 00 to the Assessment Office- OSM in final settlement of violations 2 of 5 and 4 of 5 contained in this Notice of Violation No. 79-V-18-3 pursuant to the Assessment Conference Report dated February 4 , 1980. Thus, violations 2 of 5 and 4 of 5 are not a matter pending in Docket No. DV 0-5-P. 3. Respondent filed its Answer on March 11 , 1980 in this proceeding. Hearings were subsequently scheduled for May 14 , 1980 and February 22 , 1982 but both hearing dates were vacated on jointly filed requests from counsel of the parties because of on-going settlement negotiations .