Drydock Coal Co. v. Ohio Division of Reclamation

Peter B. Abele, Presiding Judge.

This is an appeal from a decision of the Ohio Reclamation Board of Review denying a request by Drydock Coal Company, Inc., appellant herein, to remove from an approved coal strip-mining application a condition that bars appellant from mining within three hundred feet of an occupied dwelling.

Appellant assigns the following error:

“The Reclamation Board of Review erred in affirming the decision of the Chief of the Division of Reclamation, which imposed a condition to permit application No. 1289, which precludes mining in the permit area within three hundred feet…