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.

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COALEX STATE INQUIRY REPORT - 22
October 24, 1984

Ted Ford
Policy Analyst, Resource Protection
Department of Natural Resources
Fountain Square, Bldg. D-3
Columbus, Ohio 43229

TOPIC: DREDGING OPERATIONS

INQUIRY: In Ohio, there is a mining operation called in-stream mining -- a dredging operation which takes sand from the stream-bed for industrial minerals. Are there any state regulations in the COALEX Library which address in-stream mining operations?

SEARCH RESULTS: See below.

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Dredging operations, at present, are regulated by the U.S. Army Corps of Engineers (COE)under the Rivers and Harbors Act of 1899. A Smithsonian report comparing the COE 404 regulatory requirements with SMCRA has been forwarded to IMCC by Mr. Stan Zeccolo, Office of Surface Mining (OSM) to be included with the Report. Mr. Zeccolo explained in a recent telephone conversation that OSM is in the process of developing regulations to cover dredging operations.

Although at present not regulated under SMCRA, operators of dredging operations for coal are responsible for payment of the AML reclamation fee. In U.S. v H.G.D. & J. MINING COMPANY, INC., 561 F Supp 315 (SW Va 1980), the District Court held that dredging for coal was considered a coal mining operation under SMCRA and that the operator was, therefore, responsible for payment of the AML fee assessment.

ATTACHMENTS

1. U.S. v H.G.D. & J. MINING COMPANY, INC., 561 F Supp 315 (SW Va 1980).
2. An Analysis of the Permitting Requirements of the Surface Mining Control and Reclamation Act and the Corps of Engineers 404 Program. U.S. Department of the Interior, Smithsonian Institution, Washington, DC (April 24, 1984).
3. A Comparison of the Permitting Processes of SMCRA and the Corps of Engineers Concerning the Regulation of Coal Dredging Activities. U.S. Department of the Interior, Smithsonian Institution, Washington, DC (April 24, 1984).

Research conducted by: Terri H. Petruska

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