Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

---

COALEX STATE INQUIRY REPORT - 157

January 1990

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

TOPICS: 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

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

Research conducted by: Joyce Zweben Scall

Library of COALEX Research Reports Main Page