September 17, 2007
ACTION ALERT ON STREAM BUFFER ZONE RULING!

To: Friends and Allies of Citizens Coal Council

WE NEED TO ACT NOW ON THE PROPOSED STREAM BUFFER ZONE RULING!

Background Information:
In 1983 a regulation called the Stream Buffer Zone rule went into effect that essentially prohibited coal mining activities within 100 feet of intermittent and perennial streams “unless water quality and quantity would not be adversely impacted”. Since 1983 the lack of oversight and control of coal mining activities in the coalfields has allowed for:

* Nearly 2,000 miles of Appalachian streams to be buried in millions of tons of mine waste;
* significant amounts of sulfate and selenium concentrates found downstream from MTR operations;
* lack of accurate monitoring of smaller headwater streams that have ecological importance;
* an additional 535 streams nationwide to be impacted between 2001 and 2005;
* burial of headwater streams and the destruction of habitat and ecological functions forever;
* longwall mining activities within intermittent and perennial streams that have left dead ecosystems and loss of fisheries;
* more damage to Southern WV watersheds than the coal industry will admit;
* issuance of mining permits authorizing the disposal of excess spoil, coal wastes and construction of sediment ponds in streams without adequately evaluating the effects on water quality and wildlife habitat.

Stream Buffer Zone ruling and Draft Environmental Impact Study (DEIS):
On August 24th the Bush administration released a proposed regulatory revision that will weaken protections under the 1983 Stream buffer rule and SMCRA. The OSM claims the need to “clarify” the stream buffer zone rule when in actuality the proposal to rewrite the rule is an effort to accommodate construction of excess spoil fills in the headwaters of Appalachia. The changes in the rule are significant in scope as the weakening of the stream buffer zone rule will affect not only the disposal of spoil fills but also the disposal of coal processing wastes, and placement of soil, rock, spoil and other materials for sediment ponds across the country. The proposed changes are not “clarification” but a major rulemaking with potential catastrophic effects to our nation’s waterways.

The proposed rule change can be found at: [www.regulations.gov]

We need your assistance! Please consider sending several letters.

The ultimate goal is to have the “SBZ rule pulled”. In order to achieve this goal we need your help. Please consider sending separate requests to the OSM. You must ask for separate hearings and separate comment period extensions for the ruling and EIS draft. You must also write a separate letter requesting the “rule be pulled”.
1. Request the ‘SBZ rule be pulled”.
To request the “SBZ rule be pulled” place docket number RIN1029-AC04 in the subject line and send your request to:

Dennis G. Rice, Office of Surface Mining
Reclamation and Enforcement, U.S.
Department of Interior, 1951
Constitution Avenue, NW
Washington, DC 20240
Phone: 202-208-2829
Email: drice@osmre.gov

2. Request hearings and a 90 day extension of the comment period.
Public Hearings - The Federal notice indicates that public hearings will be held if there is “sufficient interest.” If you believe you can generate enough public attendance we are encouraging individuals and groups to request an evening public hearing in your community. We must show the OSM that we care about our communities and we demand protection of our streams and headwaters.

To request hearings or a 90 day extension of the comment period you must submit requests before 4:30 p.m., EST on September 24, 2007. Hearing arrangements, dates and times, if any, will be announced in a subsequent Federal Register notice.

90 day extension - Send a letter to the OSM requesting a 90 extension on the comment period. Here are a few talking points in making the request:

1. To truly reflect the commitment made by Congress to the public in the form of public comment periods and public participation, the public must have sufficient time in which to respond and comment. The 175 page Draft Environmental Impact Statement (DEIS) is extremely complex, covering the Nation’s coalfields and many important issues surrounding the proposed action which require more time to read through and digest.
2. It is important that the 30,000 + commenters and citizens across Appalachia have the opportunity to review the proposed draft. Excess Spoil Minimization Stream Buffer Zone Draft EIS-OSM-34, and voice their concerns, particularly given Congress’s emphasis on public participation in SMCRA.
3. Citizens apparently will also need to be familiar with NEPA in order to draft comments. This will take additional time to review.
4. The proposed actions will impact the coalfields and its communities and citizens for generations to come, not unlike the impacts of unbridled mining for the last 100+ years, which has left us with unpotable and inadequate water supplies.
5. To rely on the internet as a mechanism for distribution of the proposed rule and DEIS places an inequitable burden on the poor and underserved, many of whom live in the coalfields. It will take more than 60 days to network to them and make these documents available.
6. It has taken over three years for our government to put together a draft document. This illustrates just how complex the proposed action is. This also showcases that it is ludicrous to expect citizens to read and respond in 60 days.

To request extension on public comment period and/or public hearings on draft EIS place OSM EIS34 in the subject line and send your request to:
David Hartos, Supervisory Physical Scientist
Office of Surface Mining
3 Parkway Center
Pittsburgh, PA 15220
Phone: 412-937-2909
Email: dhartos@osmre.gov
To request extension of public comment period and/or public hearings on proposed rule place RIN1029-AC04 in the subject line and send your request to:
Dennis G. Rice, Office of Surface Mining
Reclamation and Enforcement, U.S.
Department of Interior, 1951
Constitution Avenue, NW
Washington, DC 20240
Phone: 202-208-2829
Email: drice@osmre.gov

3. Submit comments by October 23, 2007
Comments on propose rule by mail or courier addressed to:
Office of Surface Mining Reclamation and Enforcement
Administrative Record, Room 252-SIB
1951 Constitution Avenue, NW
Washington, DC 20240

Or by internet through the Federal e-Rulemaking Portal: [www.regulations.gov]. Please identify the comments by including docket number RIN1029-AC04 in the subject line.
Comments on draft EIS by mail or courier addressed to:
David Hartos
Supervisory Physical Scientist
Office of Surface Mining
3 Parkway Center
Pittsburgh, PA 15220

Or by the internet through the Federal e-Rulemaking Portal: [www.regulations.org]. Please identify the comments by including OSM EIS34 in the subject line.
4. Pass this message on to friends, neighbors, churches, organizations and others who care about our most valuable resource, water!

Thank you to all for your help!

Aimee Erickson
Council Coordinator
Citizens Coal Council
P.O. Box 964
Washington, PA 15301
P) 724-222-5602
F) 724-222-5609
ccc@citizenscoalcouncil.org Visit our blog at: [citizenscoalcouncil.org]
"Working together for clean water, safe homes & a healthy environment in the coalfields"