Laserfiche WebLink
-34- <br /> Cessation Order No. C-084-134 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the June, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, determined that there was a failure to abate <br /> violation NOV 084-088 within the prescribed abatement period. A <br /> Cessation Order was issued for failure to protect off-site areas from <br /> damage which may result from underground coal mining activities. <br /> The particular area of concern was adjacent to the access road for the <br /> No. 2 mine coal stockpile. The inspector determined that the abatement <br /> effort which was focused upon cleaning up an off-site area where coal <br /> had been pushed, had not been successful . The inspector felt that too <br /> much coal was still remaining in the off-site area. During the <br /> conference it was shown that the operator did put forth a reasonable <br /> effort toward cleaning up the coal alongside the road. The operator <br /> used the same approach that was used in other abatement activities <br /> which were found to be acceptable. Also, it was acknowledged in the <br /> inspection report that a small amount of coal would be left following <br /> cleanup activities. <br /> While the inspector had a legitimate basis for issuing the Cessation <br /> Order, no quantitative information about the insufficiency of the <br /> cleanup was available. Based on the good faith effort toward abatement <br /> made by the operator, the inspector should have agreed to extend the <br /> abatement schedule in order to achieve cleanup results more to his <br /> liking. The desired cleanup occurred within one day after the <br /> Cessation Order was given. A Cessation Order was not justified in this <br /> case. The Cessation Order is vacated by the Director. <br />