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r <br /> <br />4. Indiana State Program; Peabody Coal Co. v. Ridenour, 515 N.E.2d 1163 (Ind. App. <br />1987). Court of Appeals of Indiana held that walking a dragline to a mine site constituted <br />a "surface coal mining operation". The Indiana court held that the dragline walkway was <br />both incidental and adjacent to the mining and the mine site, and that the walk disturbed <br />the natural land surface outside the mine site. <br />Based on the information provided by the OSM, Missouri Department of Natural Resources and <br />Indiana Division of Reclamation, it appeazs that constructing or modifying a road for the purposes <br />of moving a dragline is considered "surface coal mining operations". I recommend that you <br />uphold NOV C-96-018 issued to Seneca Coal Company for modifying Routt County Road 27a <br />in order to move [he dragline. <br />cc: Susan McCannon <br />Larry Routten <br />c:\wp51 \misc\970306 <br />