ENFORCE31068

• Permit No: C1994082
• IBM Index Class Name: Enforcement
• Doc Date: 3/6/1997
• Doc Name: YOAST MINE C-94-082 NOV C-96-018 DRAGLINE MOVE DECISIONS PENNSYLVANIA KENTUCKY MISSOUR INDIANA
• 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
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado BO20J
Phone. [phone]
FA%:(}03) 832-8106
DATE: Mazch 6, 1997
TO: Mike Long /~ ~
FROM: Erica Crosby ~j'0~
RE: Yoast Mine (C-94-082)
NOV C-96-018; Dragline Move Decisions
Pennsylvania, Kentucky, Missouri, Indiana
II~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
lames 5. Lochhead
Execmrve Director
Michael B. long
Division Director
Attached, please find fow cases supporting the opinion that dragline routes are to be regulated
as "swface coal mining operations" as defined under SMCRA. I have briefly summazized the
four cases below. Please refer to the attached documents for additional information.
Pennsylvania State Program; Willowbrook Mining Co. v. OSM, 108 K.B.L.A 311 (1989).
The Interior Boazd of Land Appeals (IBLA) held that a construction of a road for moving
a dragline to a mine site was within the definition of "swface mining activities". The
IBLA held that the road was constructed as a means of gaining entry to the mine for the
dragline and that the sole purpose of the road was to move equipment to a surface mining
site.
2. Kentucky; Andalax v. OSM The operator widened a county road to move a dragline.
OSM issued a violation. The company requested a temporary relief because the road was
in place long before the violation was issued. Andalax did not argue the fact of the
violation and the Federal enforcement action was upheld by the ALJ. The company
appeal was withdrawn and the road was permitted. A copy of this ruling is not provided.
Mitch Rollins with OSM will forwazd the information as soon as it becomes available.
3. Missowi State Program; I Spoke with Tom Cabans with the Missouri Department of
Natwal Resources and Mike Wolfrum with OSMMld-Continent Region. No enforcement
action was written on this action, but essentially a road was built in 1991 to move a
dragline roughly 22 miles on relatively flat terrain. Alternate Fuels filed an injunction to
prevent OSM from taking an enforcement action. Alternate Fuels was required to permit
and reclaim the road to meet SMCRA performance standazds. It was agreed between the
Missouri program and OSM that moving a dragline is considered "surface coal mining
activity". Missouri and OSM agreed that futwe unpermitted dragline moves would result
in an enforcement action. Please see attached OSM letters written to the Missouri
Department of Natwal Resources.