COALEX REPORT 190

	Coalex Report 190

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 - 190
August, 1991

Stephen C. Keen, Director
Mines and Minerals
Division of Energy
1615 Washington Street, East
Charleston, West Virginia 25311

TOPIC: VARIANCE FROM AOC FOR PARTIAL MOUNTAINTOP REMOVAL

INQUIRY: An operator received a variance from AOC for mountaintop removal. After mining
halfway through the seam, the operator switched to contour mining. Is the operator entitled to
keep the variance now that the method of mining has changed and the entire seam will not be
taken? Please locate legislative history material which discusses this issue. 

SEARCH RESULTS: Research was conducted using the COALEX Library, other materials available
in LEXIS and existing COALEX Reports. One Interior Administrative Law Judge decision was
identified which addressed the question of a change in mining method by an operator conducting
mountaintop removal; however, the issue of keeping or losing a variance did not arise in the case. 

   In addition to the ALJ decision mention above, several COALEX Reports and Federal Register
notices are attached. These materials provide general background on the issues of AOC and
variances as well as some specific information on mountaintop removal.

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

BILLY P. EVANS v OSM, Docket No. NX 89-8-R (1990). 
   Evans was issued a violation for failing to mine in accordance with the approved mining and
reclamation plan: cross ridge mountaintop removal was planned; Evans used the contour method.
The violation required Evans to submit a permit revision changing to a contour type mine. 

   The justification used for the revision was the fact that Evans had encountered a fault in the
coal seam that required an adjustment in the mining process. The revision was promptly allowed. 


COALEX STATE INQUIRY REPORT - 56, "Approximate original contour" (September, 1985).
   This Report identifies the Federal court and Interior Office of Hearing and Appeal decisions
which define "approximate original contour". Includes Report No. 16, described below.


COALEX STATE INQUIRY REPORT - 16, "Approximate original contour" (September, 1984).
   The Report provides the legislative history of the phrase "approximate original contour" and
includes Report No. 1 on the elimination of highwalls, a closely related topic.


IMCC SIGNIFICANT ISSUE REPORT NO. 1, "Elimination of Highwalls".


52 FR 9640 (MARCH 25, 1987). Proposed rule. Part 785: Requirements for permits for special
categories of mining -- Mountaintop removal mining. 
   The proposed rule is included for background.


52 FR 39182 (OCTOBER 20, 1987). Final rule. Part 785: Requirements for permits for special
categories of mining -- Mountaintop removal mining. 
"The revised regulation corrects an inadvertent error made during previous rulemaking which
omitted certain statutorily required provisions concerning mountaintop removal mining. The
omitted provisions included a requirement that the applicant present specific plans for the
proposed postmining land use and assurances that such use will meet certain conditions for a
variance prior to a regulatory authority"s granting of a permit to mine." 

   The revision of 30 CFR 785.14 was undertaken to comply with the District Court for the District
of Columbia's July 15, 1985 ruling.


53 FR 43970 (OCTOBER 31, 1988). Proposed rule. AOC variances.
   The proposed rule " would revise regulations governing permits incorporating variances from
AOC restoration requirements to limit their application to steep slope mining."


ATTACHMENTS
A.   BILLY P. EVANS v OSM, Docket No. NX 89-8-R (1990). 
B.   COALEX STATE INQUIRY REPORT - 56, "Approximate original contour" (September,
     1985).
C.   COALEX STATE INQUIRY REPORT - 16, "Approximate original contour" (September,
     1984).
D.   IMCC SIGNIFICANT ISSUE REPORT NO. 1, "Elimination of Highwalls".
E.   52 FR 9640 (MARCH 25, 1987). Proposed rule. Part 785: Requirements for permits for
     special categories of mining -- Mountaintop removal mining. 
F.   52 FR 39182 (OCTOBER 20, 1987). Final rule. Part 785: Requirements for permits for
     special categories of mining -- Mountaintop removal mining. 
G.   53 FR 43970 (OCTOBER 31, 1988). Proposed rule. AOC variances.


Research conducted by: Joyce Zweben Scall

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