1986-01-31_GENERAL DOCUMENTS - C1981017

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OFFICE OF Hearings Division 6432 Fcclual Building Salt L,,I.c City, Utah SQ,4138-1194 (Phone: December 30, 1983 MID-CONTINENT RESOURCES, INC. , Docket No. DV 0-5-P Petitioner Petition for Review V. Notice of Violation No. 79-V-18-3 OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT Coal Basin Mines (OSM) , Respondent CONSENT DECISION Consistent with stipulated agreement of the parties, it is found as follows : 1. An Application for Review of OSM Notice of violation No. 79-V-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 o* f '.5, and 5 of 5. This appli- cation for review was accompanied by, Petitioner' s check No. 2694, dated February 11 , 1980,. in -the, amount of $3, 200 pay- able 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 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 matters 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.