OSMRE announces plans for stream rule study
April 29, 2010 by Ken Ward Jr.The U.S. Office of Surface Mining Reclamation and Enforcement today formally announced its plans to write what it is now calling a “Stream Protection Rule” to replace the ever-controversial “buffer zone rule.”
OSMRE’s press release is here, and the text of a notice to be published in tomorrow’s Federal Register is here. Previous coverage of this is here.
Updated: With this new link to the Federal Register notice.
Concepts OSMRE is considering include:
— Adding more extensive requirements for baseline monitoring for permit applications;
— Defining the term “material damage to the hydrologic balance outside the permit area,” which is prohibited under the federal strip-mining law.
— Establishing “corrective action” thresholds for mining to stop or other actions to be taken based on monitoring results;
— Revising rules on concepts such as “approximate original contour”;
— Requiring reforestation of mine sites
The Federal Register notice makes clear that OSMRE is going to conduct a detailed “Environmental Impact Statement” on its proposal.