COALEX REPORT 188

	Coalex Report 188

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 - 188
July, 1991

Richard Bielicki
Bureau of Abandoned Mine Reclamation
Pennsylvania Department of Environmental Resources
P.O. Box 1467
Harrisburg, Pennsylvania 17105-1467

TOPIC: ABANDONED MINE LAND (AML) RECLAMATION; EXCESS SPOIL DISPOSAL 
[Includes COALEX Reports 28 & 176]

INQUIRY:  Can the state regulatory authority contract with an operator of an active mine to
reclaim an abandoned mine on land adjacent to the permitted area without amending the
operator's permit or issuing a new one? Can the operator take excess spoil materials from the
permitted site to use in reclaiming the AML site? Please locate all relevant materials which discuss
these issues.

SEARCH RESULTS: Research was conducted using the COALEX Library, other materials in LEXIS
and existing COALEX Inquiry Reports. No materials were identified which discuss the specific fact
situation indicated above. One Interior Board of Land Appeals (IBLA) decision with some
similarities to the fact situation in question was identified and is discussed below. Two COALEX
reports which discuss related topics are also discussed. Copies of all materials are attached.

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

MADELINE MAYNARD, N.O.R. MINING & BLACKHAWK MINING CO. v OSM, 115 IBLA 49, IBLA
87-798, 88-466 (1990).
   Blackhawk purchased and removed soil and other material from land owned by Madeline
Maynard to reclaim a highwall on Blackhawk's adjoining, permitted site. Subsequently, N.O.R.
removed coal from the seam exposed by Blackhawk's soil removal under a two-acre permit issued
in Maynard's name. OSM claimed that the area from which Blackhawk removed spoil to reclaim its
highwall should have been included in the Maynard two-acre permit. The Administrative Law
Judge found, and the IBLA affirmed, that the parties were not related and were not engaged in a
joint venture.


COALEX STATE INQUIRY REPORT - 28, "Reclamation of previously disturbed area" (February 26,
1985).
   The inquiry requested information on a permittee's responsibility to reclaim portions of
previously disturbed areas which were permitted but not redisturbed. No decisions were identified
that were directly on point; however, the report does include IBSMA decisions which discuss
reclamation of orphaned highwalls, relevant federal regulations and a district court settlement.


COALEX STATE INQUIRY REPORT - 176, "Substituting alternative materials for topsoil" (April,
1991).
   The ALJ decisions and Federal Register notices address the question of what material is to be
used to cover a previously mined area: Should the material be from the mine's old spoil pile or
does "best available" material mean material from anywhere in the permit area?


ATTACHMENTS
A.   MADELINE MAYNARD, N.O.R. MINING & BLACKHAWK MINING CO. v OSM, 115 IBLA 49,
     IBLA 87-798, 88-466 (1990).
B.   COALEX STATE INQUIRY REPORT - 28, "Reclamation of previously disturbed area"
     (February 26, 1985).
C.   COALEX STATE INQUIRY REPORT - 176, "Substituting alternative materials for topsoil"
     (April, 1991).


Research conducted by: Joyce Zweben Scall

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