EARL COOK, dba RACO MINING v OSM; Docket No. NX 8-10-R (October 19, 1978)

 TYPE: ALJ Hearing: Decision  

NAME: EARL COOK, dba RACO MINING, Applicant v OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT (OSM) Respondent  

DATE: October 19, 1978  

CASE-NO: Docket No. NX 8-10-R  

PROCEEDING: Application for Review, Order of Cessation No. 78-II-7-2, Smith Branch Mine Site  

COUNSEL:  

Earl Cook, Box 164, Oakdale, TN 37830, pro se; 

J. T. Begley, Esq., Office of the Field Solicitor, U.S. Department of the Interior, for Respondent.  

OPINIONBY: Administrative Law Judge Torbett  

OPINION: DECISION  

   BACKGROUND  

  In accordance with Section 525 of the Surface Mining Control and Reclamation Act of 1977 (the Act), Earl Cook, dba
Raco Mining, Applicant, applied on July 21, 1978 for review of an order of cessation issued by the Office of Surface
Mining Reclamation and Enforcement, Respondent, under  521(a)(2) of the Act.  A hearing was held on October 18,
1978 in Oak Ridge, Tennessee, at which time the Applicant announced that he was not represented by counsel and that
he would represent himself.   

  At the conlusion of the hearing, both the Applicant and Respondent waived their rights to file proposed findings of fact
and conclusions of law and each of them asked that a final decision be rendered immediately.  Thereupon, the
undersigned rendered a decision wherein the order of cessation and the violations contained therein were sustained.  

   CONFIRMATION OF DECISION  

  The decision of the undersigned including the findings of fact and conclusions of law as contained in the verbatim
record made in this case are confirmed by this written decision and order.  

   ORDER  

{2}  Order of Cessation No. 78-II-7-2 issued June 13, 1978 is sustained I will remain in full force and effect until the
violations contained therein are abated in accordance with the terms of said cessation order.  

David Torbett, 
Administrative Law Judge