COALEX REPORT 157

	Coalex Report 157

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX State Inquiry Report - 157
January, 1990

James Ellerhof
Division of Soil Conservation
Wallace Building
Des Moines, Iowa 50319

TOPIC: DEFINITION OF "ADJACENT TO" UNDER "SURFACE MINING OPERATIONS"

INQUIRY: What materials are available which discuss the definition of the phrase "adjacent to" as
it is found in the definition of "surface coal mining operations" at 30 CFR Section 701(28) and 30
CFR 700.5? Specifically, does the moving of a dragline over an area "adjacent to" a permitted
area fall under the definition of "surface coal mining operations" and, therefore, is a permit
required for this activity?

SEARCH RESULTS: Research was conducted using the COALEX Library, and other materials
available on LEXIS, and existing COALEX State Inquiry Reports. 

   Research on the meaning of the phrase "adjacent to" retrieved Interior administrative
decisions, state cases, federal decisions and legislative history material which address, primarily,
the meaning of the phrases "in connection with" and "at or near" under the definition of "surface
coal mining operations", the topic of an existing COALEX State Inquiry Report. That earlier Report
is attached. An Interior Board of Land Appeals decision which rules on the need to obtain a
permit for constructing a "private way" for moving a dragline is also attached.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. WILLOWBROOK MINING CO. v OSM, 108 IBLA 303, IBLA 87-487 (1989).
"The construction of a private way for the sole purpose of moving a dragline from a site at which
it had been used for surface mining to another site where it would again be used for surface
mining is construction incidental to surface mining, and is therefore a surface mining activity
which requires a permit under SMCRA."


2. COALEX STATE INQUIRY REPORT - 136, "Definition of 'in connection with' under 'surface
mining operations'" (1989, updated 1990). [See attached report.]



ATTACHMENTS
A.   WILLOWBROOK MINING CO. v OSM, 108 IBLA 303, IBLA 87-487 (1989).
B.   COALEX STATE INQUIRY REPORT - 136, "Definition of 'in connection with' under 'surface
     mining operations'" (1989, updated 1990). 


Research conducted by: Joyce Zweben Scall

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