Group says any surface mining regulation changes must be approved by the U.S. Fish & Wildlife Servic

The Southern Environmental Law Center informed the Office of Surface Mining Friday that the federal agency is required to consult with the U.S. Fish & Wildlife Service before it considers easing restrictions on surface mining near streams and watersheds.

The law center, based in Charlottesville, Va., made its official statement on the last day OSM was taking public comment on its proposed change to the buffer-zone rule regarding strip mining near streams.

The proposal would exempt the practice of pushing debris from strip mines into adjacent valley areas from current law, which restricts mining activity near the streams.

Current law states that areas within 100 feet of a stream cannot be disturbed by mining unless a coal company can show the water would not be harmed. The proposed change would allow mining in the area to disturb the stream if the company can repair the damage.

The OSM is taking public comment on the proposal before it decides whether to officially change the rule. Friday was the last day for comment.

OSM officials will study the comments submitted and respond to each when it makes its decision.

Before it takes action, however, the federal Endangered Species Act requires the OSM to consult with federal fish and wildlife officials about the impact such a move would have on species, said Mary Cromer, an attorney with the Southern Environmental Law Center.

"OSM has refused to do this," Cromer said. "We filed comments reminding them of their obligation to undertake this consultation."

The law center’s interest in the buffer-zone issue grew from the organization’s work on endangered species and water quality decline in the Clinch and Powell rivers, she said.

The OSM proposal could mean more damage to streams and more valleys filled with strip-mining debris, she said. The damage would be widespread throughout the Appalachian region, she added.

About a dozen Southwest Virginia residents spoke against the proposed change last month when the OSM held an informal meeting in Big Stone Gap, Va., on the same night official public hearings were held in four other coal mining regions across the country. At the Big Stone Gap session, residents said a lump of coal is not as valuable as water.

In a news release, the OSM maintains that the rule change was proposed to clear up the rule since the issue has been bantered about in court for several years. Different courts have viewed the current law in different ways. The OSM said the rule change would clearly state what mining activity can occur near water.

Ian Dye, manager of OSM’s Big Stone Gap office, said last month that more than 2,000 people from across the nation made comments on the proposed rule change.

| (276) 679-1338