OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 2

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 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 2

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).