Regulacje i polityka gospodarcza · 17/12/1997

Request for Determination of Valid Existing Rights Within the Monongahela National Forest

The Office of Surface Mining Reclamation and Enforcement (OSM) has been ordered by the United States District Court for the Northern District of West Virginia to determine whether Walter D. Helmick has valid existing rights (VER) to surface mine coal on 1,045.3 acres of Federal lands within the Monongahela National Forest in Pocahontas County, West Virginia. Mr. Helmick claims to hold certain coal rights in these lands. Ernest J. Van Gilder had previously submitted a VER request in connection with the same property. Prior to the court order, OSM had suspended action on a VER determination request by Mr. Van Gilder for surface mining, on the basis that his request was administratively incomplete due to an unresolved dispute over whether he possessed all of the necessary property rights to mine coal by the intended method. Since there is still an unresolved property rights dispute as to whether the current mineral holder, Mr. Helmick, has the necessary property right to surface mine, OSM hereby determines that Mr. Helmick has not demonstrated VER to surface mine the coal on the 1,045.3 acres of Federal lands within the Monongahela National Forest.