WHAT’S THE BUFFER ZONE GOT TO DO WITH BOATING ANYWAY???
The buffer zone rule, which prohibits mining or mine-related disturbance within 100 feet of a stream unless water quality and quantity would not be adversely affected, has been in place since 1983. Compliance was not a major problem when mines were relatively small and the extracted rock could be disposed of in the mines themselves. Compliance is more problematic with mountaintop removal. Extracted rock and sludge are disposed of in valleys, many of which are watersheds. The buffer zone rule has not been enforced by the Office of Surface Mining (OSM) and related State agencies in part of Appalachian (Department of Environmental Protection in West Virginia)—resulting in the loss of almost 2000 miles of streambeds. Valleys with intermittent or perennial water flow are at particular risk. Alteration of the geography has contributed to flood risk and the massive damage we have witnessed over the past few years. At this time, changes to the buffer rule have been proposed and would effectively repeal the rule. The OSM rationale is that mitigation can repair or prevent harm—although the OSM acknowledges that mitigation efforts are seldom successful. Both the proposed rule and the environmental impact study were issued 8/24/2007. Federal law requires that alternatives to the repeal of the buffer rule be delineated and analyzed. Enforcement of the current rule was not included in the analysis.
Send your written comments by 10/23/2007 to:
Dennis Rice, Office of Surface Mining Reclamation and Enforcement (OSMRE), U.S. Department of the Interior, 1951 Constitution Avenue, NW, Washington, DC 20240
drice@osmre.gov
OR
Office of Surface Mining Reclamation and Enforcement (OSMRE), U.S. Department of the Interior, Administrative Record, Room 252 SIB, 1951 Constitution Avenue, NW, Washington, DC 20240
OR
Via the Federal rule-making portal at http://www.regulations.gov. See OSM.
Use the Docket number: RIN 1029-AC04.
Please send a copy to the WV-DEP Director of Mining and Reclamation, Randy Huffman, FAX: (304) 926-0456 and the WV Rivers Coalition, 329 Davis Avenue, Suite 7, Elkins, WV 26241 FAX: (304) 637-7204
