COALEX REPORT 30

	Coalex Report 30

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 - 30
January 10, 1985

Bob Hykan
Office of Attorney General
1525 Sherman Street, 3rd Floor
Denver, Colorado 80203

TOPIC: LOADING FACILITY/SURFACE MINING OPERATIONS

INQUIRY: Under what circumstances are loading facilities considered a surface coal mining
operation, requiring a permit under SMCRA?  Has there been any case law interpreting the
phrases "at or near" and "in connection with"?

SEARCH RESULT: Mrs. Petruska is currently researching the definition of surface coal mining
operations/offsite facilities for a significant issue report.  She called Mr. Hykan to discuss
documents identified that might be applicable.  January 7th, the nine Interior Board decisions
listed below were forwarded.

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WESTERN ENGINEERING, INC., 1 IBSMA 202 (1980).
DRUMMOND COAL, 2 IBSMA 96 (1980).
ROBERTS BROTHERS COAL CO. INC., 2 IBSMA 284 (1980).
REITZ COAL CO., 3 IBSMA 260 (1981).
ROSS TIPPLE CO., 3 IBSMA 322 (1981).
ANN LORENTZ COAL CO., 79 IBLA 34 (1984).
REITZ COAL CO., 83 IBLA 198 (1984).
DEBORD v WATT, IBLA 82-99 (ED Ky 1982).
DEBORD v DINCO, slip op. (1984).

   January 9th, a follow-up call was made to see if additional information would be helpful.

   The significant issue report on surface coal mining operations/offsite facilities will be forwarded
when completed.

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