Office of Surface Mining Completes Final Environmental Impact Statement on Stream Buffer Rule

Much of the coal mined in West Virginia can only be economically accessed by way of mountaintop mining, which involves removing significant amounts of overburden to reach layers of coal in a mountain. In the mountainous terrain of this state, the overburden has to be placed somewhere, and it will necessarily fill certain small headwater streams. Office of Surface Mining Reclamation and Enforcement rules prohibit placement of overburden closer than 100 feet from a stream, a standard which is almost impossible for miners in Appalachia to comply with.

OSM has just finished a final environmental impact statement, or FEIS, describing what impacts can be expected from the proposed buffer zone rule, which was published in August 2007. The FEIS is intended to address 2 requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) - preventing additional sediment loading to streams outside the permit area, and minimizing adverse effects on fish and wildlife. The FEIS considers multiple alternative rule scenarios, and then picks a preferred alternative.

OSM is providing a 30 day public comment period on the FEIS. Here are some FAQs about the proposed rule.

The rule has generated a lot of comment, particularly among those opposed to mountaintop mining. An example of some of the comment is found at http://www.sustainablebusiness.com/index.cfm/go/news.display/id/16985, while strong opposition is registered at http://schreinervideo.com/wordpress/?p=1283