ENFORCE33692

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 3/18/1997
• Doc Name: SENECA COAL CO YOAST MINE C-94-082 NOV C-96-018 ANDALEX RESOURCES INC V OSM
• From: DMG
• To: MIKE LONG
• Violation No.: CV1996018
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
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epartment o
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1313 Sherman 51., Room 215
Denver. Colorado 80203
Phone: p03) 866-1567 ~ O~
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FA%:13031 832-8106 U
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CONFIDENTIAL MATERIAL
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DATE: March 18, 1997 \
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TO: Mike Long \v a ~'7.
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FROM: Erica CrosbyLD"
RE: Seneca Coal Company Yoast Mine (C-94-082)
NOV C-96-018
Andalex Resources, INC. v. OSM
Michael B. Lang
Division Director
Enclosed, please find additional material regarding the Andalax Resources, INC. v. OSM case
regarding [he dragline move that occurred in Kentucky. Mitch Rollins with OSM requested that
this material not leave our office..
In summary, Andalex Resources, Inc. widened a County Road (John Hardy Road) for a distance
of 4000 feet in order to walk two draglines from one permitted surface mining operation to
another without obtaining a permit. The OSM Director at the time, Harry Snyder, initially agreed
that a permit would not be needed to widen the road. A yeaz later (and when Harry Snyder was
no longer Director of OSM), OSM issued Cessation Order 93-82-101-1 alleging that Andalex
had violated state and federal regulations by failing to permit the dragline walkroad. The ALJ
ruled that OSM did not have the authority to reconsider and reverse its earlier decision that the
John Hardy road did not require a permit. The ruling was directed more at OSM's authority
rather than the violation of widening of the county road. Numerous appeals were filed, and in the
end OSM and Andalex filed a join[ motion to dismiss OSM's appeal and sign a settlement
agreement. Andalex complied with the abatement measure by obtaining a permit for only the
widened portion of the John Hardy Road and pay a small civil penalty.
Please let me know if you have any questions or need additional information. ~,. ~,,II II ~~, ,,~~,,'}-~~ l^~ Ik1
Enclosure(s) ~`~L_~ ~ ~ , ~~~ ~'nA~1,~1.C ~~~p1''~"'-
cc: Susan McCannon -~}~l,u, \ 'd ll~~ -ti~'~'~'` ~~'~'~ ~l "_
LarryRoutten p_,~1 ~' ~~. I~~w~
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DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
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~~~-"~~ Execmive Director