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  5. 962 S.W.2d 866 (1998)
 

SWATZELL v. COM.

No. 96-SC-1004-DG.

962 S.W.2d 866 (1998)

Hugh David SWATZELL, Appellant, v. COMMONWEALTH of Kentucky, Natural Resources and Environmental Protection Cabinet, Appellee.

Supreme Court of Kentucky.

As Corrected March 19, 1998.

Attorney(s) appearing for the Case

Donald Duff, Frankfort, for Appellant.

Thomas D. Wingate, Frankfort, for Appellee.

JOHNSTONE, Justice.

The Appellant, Hugh David Swatzell ("Swatzell"), obtained a surface coal mining permit on April 22, 1987, for a surface coal mine located in Hopkins County, Kentucky, and was named the designated permittee. The Natural Resources and Environmental Protection Cabinet ("Cabinet") initiated administrative enforcement actions to obtain forfeiture of the performance bonds on the permit due to a series of alleged noncompliances and violations of the surface...

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