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Platte Development Co. v. State11/6/1998
Certification from the District Court of Natrona County The Honorable W. Thomas Sullins, Judge
Platte Development Company challenges the Environmental Quality Council's interpretation of the statutory definition of overburden found in Wyo. Stat. § 35-11-103( e)( iv) (1997) as applied to a small mine permit authorized by Wyo. Stat. § 35-11-401( j) (1997). Finding the Environmental Quality Council's interpretation consistent with the plain language of the statute, we affirm.
I. ISSUES
Appellant, Platte Development Company (Platte), presents the following issues on appeal:
A. Whether the Wyoming Environmental Quality Council (EQC) erred in interpreting the statutory definition of overburden, in a manner inconsistent with the statutory and regulatory scheme, inconsistent with related statutory provisions, inconsistent with the EQC's own regulations, and inconsistent with the longstanding interpretation and practice of the Wyoming Department of Environmental Quality ( DEQ).
1. Whether the EQC erred in determining that topsoil is overburden for purposes of Wyo. Stat. § 35-11-401( j) (1997), which prohibits a small mine operator from affecting more than 10,000 cubic yards of overburden per year.
B. Whether the EQC lacked subject matter jurisdiction to entertain objections to Platte's 1983 small mine permit — which deems topsoil separate and distinct from overburden — over a decade after the permit was issued and the appeals period had expired.
Appellee, the Environmental Quality Council (EQC), phrases the issues as follows:
A. Did the EQC have subject matter jurisdiction over this dispute.
B. Did the EQC correctly interpret the statutory definition of the word overburden contained in the Environmental Quality Act (the Act) at Wyo. Stat., 1997, §35-11-103( e)( iv).
Appellees, Geoffrey Smith, et. al., do not offer a statement of issues in their brief.
II. FACTS
The predecessor to Platte, also known as Platte Development Company (Old Platte), received a small mine permit in 1983 to mine for gravel in an area outside of Casper, Wyoming known as the Henrie Pit. Under the statutory restrictions governing a small mine permit, the operator is limited to the removal of 10,000 cubic yards of overburden each year. Wyo. Stat. § 35-11-401( j). At the time Old Platte submitted its application, the Department of Environmental Quality (DEQ) identified topsoil and overburden as separate components of the material which would be displaced during the mining process. In the report accompanying the permit, all the material above the gravel was identified as topsoil, with Topsoil #1 being the top one foot of material and Topsoil #2 being all the salvageable material remaining above the gravel. The DEQ placed no annual volume limitation on the amount of topsoil which could be removed with a small mine permit.
Old Platte extensively mined the Henrie Pit from 1983 through 1989, removing more than 10,000 cubic yards of topsoil each year. Between 1990 and 1995, operations were severely curtailed due to economic considerations. In 1995, however, the assets of Old Platte were purchased by 71 Construction and Tetral Corporation, which formed a new partnership also called Platte Development Company, the appellant in this case.
Platte reinitiated aggressive mining operations under the same permit issued to Old Platte. Alarmed by the increased activity, the residents of the area, led by Geoffrey Smith, wrote letters of complaint to the DEQ. Learning that a new company was operating under the old permit, the DEQ required Platte to apply for a permit transfer. I
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