Saturday, April 17, 2010

Office of Surface Mining Developing New Rule

Coal is about to get squeezed harder by yet another federal agency. Ry Rivard reports in the Daily Mail that the US Department of the Interior Office of Surface Mining and Enforcement is working on a new rule that could restrict surface mining in Appalachia. One change being considered is in the manner of applying the stream buffer zone rule, which allows no mining or placement of fill within 100 feet of a stream. Because that is difficult to accomplish in Appalachia, waivers are routinely allowed, which may not be the case under the new rule.

The new rule may also require greater adherence to the requirement that mine sites be returned to their approximate original contour (AOC). Waivers from AOC save coal companies money, and they also leave in place land that is flatter and easier to develop than the hills that stood there before. In West Virginia, relatively flat land that is out of a floodplain is not abundant, and is useful for development. It's also better for growing trees, and it would be great if AOC could be adjusted to allow greater growth of hardwood forests, instead of pasture land.

The agency is meeting with interested parties now, with a draft rule expected sometime in February.

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