MTR Part III-Stream Buffer Zone Rule

Stream Buffer Zone Rule (SBZ)

Existing Buffer Zone Rule 30 CFR § 816.57

§ 816.57 Hydrologic balance: Stream buffer zones.

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that—

(1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) If there will be a temporary or permanent stream-channel diversion, it will comply with Sec. 816.43.

(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in Sec. 816.11.

[48 FR 30327, June 30, 1983] (Mountains, 2007)

OSM is not authorized to prohibit Mountaintop Removal Activities under SMCRA. All rules are extracted from SMCRA guidelines during rulemaking.[1] The Stream Buffer Zone Rule applies to mining activities in or around intermittent[2] and perennial streams.[3] There is much controversy regarding this rule and what proposed changes will mean.

The following is representative of environmental group’s interpretation of the SBZ rule: “The Stream Buffer Zone Rule prohibits coal-mining activities from disrupting areas within 100 feet of streams unless those activities in no way impact water quality or quantity.” (Lyric, 2007) But upon closer study, I find that OSM interprets the law as prohibiting activities that adversely impact water quantity or quality. In their reasoning, the law provides for a variance when in their estimation, the proposed activity will not cause significant damage. I think the misunderstanding stems from the use of the phrase, “will not adversely affect the water quantity and quality…..” (Mountains, 2007) A literal interpretation of this statement would lead one to believe that the activities in question are completely prohibited when in fact the actual wording in SMCRA uses the phrase, “minimize adverse impacts….” (Enforcement, Environmental Impact Statement, 2007) OSM is charged with balancing the nation’s need for energy with environmental concerns. Therefore, they will not and cannot, completely prohibit any mining activities allowed by SMCRA, but rather they can only regulate them to the extent allowed by law. “A Stream Buffer Zone is not required by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM created the existing Stream Buffer Zone rule as a framework for making sure this standard is met. While the law (SMCRA) does not prohibit most mining activities within and around streams, OSM and States have used the Stream Buffer Zone rule to require mine operators to take additional precautions within that zone.” (Owens, 2007)

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[1] Rulemaking is the process by which OSM interprets the law into practicable actions.

[2] Refers to a stream that only flows for part of the year

[3]Refers to a stream that flows year round