Spires v. Div. of Mineral Resources Mgt., 06 Be 54 (9-24-2007)

OPINION

{¶ 1} Appellants Karl and Brenda Spires appeal from the decision of the Reclamation Commission which upheld the decision of the Chief of the Division of Mineral Resources Management approving a mining permit sought by appellee Oxford Mining Company, Inc. The issue on appeal is whether the Commission's decision was arbitrary, capricious or otherwise inconsistent with law. Specifically, appellants established that the pond they wish to protect from the risk of dewatering was originally watered when a prior mining operation blasted into an unmapped, inundated underground mine. From this…