[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Proposed Rules]
[Page 8899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4299]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 780, 816, and 817

RIN 1029-AC04


Surface Coal Mining and Reclamation Operations; Excess Spoil; 
Stream Buffer Zones; Diversions

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule; extension of comment period and notice of public 
hearings.

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SUMMARY: We are extending the comment period on our proposed rule 
commonly referred to as the ``excess spoil/stream buffer zone rule.'' 
The comment period is being extended by 30 days in order to afford the 
public more time to comment and to allow enough time to hold five 
public hearings. We are also notifying the public of the dates and 
locations for five public hearings on the proposed rule.

DATES: We will accept written comments on the proposed rule until 5 
p.m., eastern time, on April 7, 2004.
    See the SUPPLEMENTARY INFORMATION section for the hearing dates.

ADDRESSES: You may mail or hand carry comments to the Office of Surface 
Mining Reclamation and Enforcement, Administrative Record, Room 101, 
1951 Constitution Avenue, NW., Washington, DC 20240, or you may send 
comments via electronic mail to [email protected].
    If you wish to comment on the information collection aspects of 
this proposed rule, you may submit your comments to the Office of 
Management and Budget, Office of Information and Regulatory Affairs, 
Attention: Interior Desk Officer, via e-mail to [email protected], or via facsimile to 202-365-6566.
    See the SUPPLEMENTARY INFORMATION section for hearing addresses.

FOR FURTHER INFORMATION CONTACT: David G. Hartos, Office of Surface 
Mining Reclamation and Enforcement, U.S. Department of the Interior, 3 
Parkway Center, Pittsburgh, PA 15220; Telephone: 412-937-2909. E-mail 
address: [email protected]. Additional information concerning this rule 
and related documents may be found on our home page on the Internet at 
http://www.osmre.gov/ocpropos.htm.

SUPPLEMENTARY INFORMATION: On January 7, 2004 (69 FR 1036), we 
published a proposed rule that would minimize the adverse environmental 
effects stemming from the construction of excess spoil fills associated 
with coal mining in Appalachia. The proposed rule would also clarify 
the circumstances in which mining activities, such as the construction 
of excess spoil fills, may be allowed within the ``stream buffer zone'' 
within 100 feet of a perennial or intermittent stream. The comment 
period on the proposed rule was scheduled to close on March 8, 2004. We 
have received six requests to hold public hearings on the proposed rule 
from representatives of the following organizations: Save Our 
Cumberland Mountains, Citizens Coal Council, Kentuckians for the 
Commonwealth, Mountain Watershed Association, Inc., Coal River Watch, 
and Tri-State Citizens Mining Network. We are granting their requests 
for public hearings and are extending the comment period on the 
proposed rule by 30 days in order to hold the following five hearings 
on the dates and locations shown below:
    1. March 30, 2004, 6 p.m. to 9 p.m., Charleston Civic Center, Room 
206, 200 Civic Center Drive, Charleston, WV.
    2. March 30, 2004, 6 p.m. to 9 p.m., Best Western Parkway Center, 
8th Floor in the Horizon Room, 875 Greentree Road, Greentree, PA.
    3. March 30, 2004, 6 p.m. to 9 p.m., Hazard Community College, 
Hazard Campus, Jolly Center, Room 208, One Community College Drive, 
Hazard, KY.
    4. March 30, 2004, 6 p.m. to 9 p.m., Roane State Community College, 
O'Brien Building, Room 101, 276 Patton Lane, Harriman, TN.
    5. March 30, 2004, from 2 p.m. to 4 p.m., Office of Surface Mining, 
South Interior Auditorium, 1951 Constitution Avenue NW., Washington, DC 
20240. Please use the rear entrance to the building and have photo 
identification with you.
    These hearings will be open to anyone who would like to attend and/
or testify. The primary purpose of the public hearing is to obtain your 
views on the proposed rule so that we can prepare a complete and 
objective analysis. A public hearing is not an adversarial process and, 
therefore, we encourage you to limit your testimony to the proposed 
rule. We appreciate any and all comments, but those most useful and 
likely to influence decisions on the final rule will be those that 
either involve personal experience or include citations to and analyses 
of the Surface Mining Control and Reclamation Act of 1977, its 
legislative history, its implementing regulations, case law, other 
State or Federal laws and regulations, technical literature, or 
relevant publications.
    At the hearing, a court reporter will record and make a written 
record of the statements presented. This written record will be made 
part of the administrative record for the rule. If you have a written 
copy of your testimony, we encourage you to give us a copy. It will 
assist the court reporter in preparing the written record. Please do 
not feel intimidated by either the reporter or the formal structure of 
the hearing. Any disabled individual who needs special accommodation to 
attend a public hearing is encouraged to contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

    Dated: February 18, 2004.
Brent Wahlquist,
Regional Director, Appalachian Regional Coordinating Center, Office of 
Surface Mining Reclamation and Enforcement.
[FR Doc. 04-4299 Filed 2-25-04; 8:45 am]
BILLING CODE 4310-05-M