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 Ma= terials 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 - 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 RESULTS: 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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