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UNITED STATES DEPARTMENT OF THE INTERIOR <br /> OFFICE OF HEARINGS AND APPEALS <br /> HEARINGS DIVISION <br /> MID-CONTINENT RESOURCES, ) Docket No. DV 6-1-R <br /> Applicant, ) Application for Review <br /> ) <br /> V. ) Notice of Violation No. <br /> 85-2-244-1 <br /> OFFICE OF SURFACE MINING ) <br /> RECLAMATION AND ENFORCEMENT > Coal basin Mine <br /> (OSM) , ) Permit No. C-017-el <br /> ) <br /> Respondent. ) <br /> MOTION TO VACATE <br /> r <br /> Thee Respondent, Office of Surface Mining (OSM) , by <br /> Department Counsel , hereby moves the court to vacate NOV B5-2- <br /> i <br /> 244-1 . Respondent files this motion to be in conformance with <br /> Gateway Coal Co. v. OSM, 84 IBLA 371 (19B5) . <br /> In support of this vacation, OSM states: <br /> 1. On November 7, 1985, OSM Inspector Gary Fritz issued NOV 85- <br /> s 2-244-1 to Mid-Continent Resources, Inc. , for a violation at its <br /> i Coal Basin Mines. The NOV was issued for Applicant 's "failure to <br /> i <br /> remove and store topsoil and/or subsoil for redistribution as a <br /> separate layer from an area prior to disturbing it. " <br /> i <br /> = 2. The Respondent, upon further investigation, believes its <br /> t <br /> r <br /> facts are insufficient to support the violation. <br /> t ?,. Counsel for the Applicant and Respondent have consulted and <br /> agreed that each party shall bear its own costs if this motion is <br /> granted. <br /> t <br /> i <br /> 1 <br />