The final version of the Office of Surface Mining’s (OSM) revisions to the federal Stream Buffer Zone (SBZ) Rule was published today in the Federal Register. Recall that OSM has revised the Rule to clarify that mining related activities such as valley fill and coal refuse impoundment construction is permissible in intermittent and/or perennial streams under the federal Surface Mining Control & Reclamation Act. Additionally, the revisions impose new regulatory requirements for the approval of mining related fill construction including a demonstration that the amount of fill material to be placed in a stream has been minimized and that the mining company has analyzed and ruled out alternatives to fill construction in streams.
Today’s final rule comes after OSM conducted a full Environmental Impact Statement (published in September 2008) on the proposed changes and the concurrence of the federal Environmental Protection Agency with the revisions (December 2, 2008). The rule will be effective 30 days from today or January 12, 2008. For a copy of the final Rule and its supporting information contact jbostic@wvcoal.com