United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2010-09-23 article Part II Rules and Regulations D09002ee1c8079a71 D09002ee1c8079b76 United States Department of the Interior originator org United States Government Agency or Subagency United States Office of Surface Mining Reclamation and Enforcement originator org United States Government Agency or Subagency We, the Office of Surface Mining Reclamation and Enforcement (OSM), are amending our regulations concerning stream buffer zones, stream-channel diversions, siltation structures, impoundments, excess spoil, and coal mine waste. Among other things, this rule requires that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. We have revised the stream buffer zone rule to more closely reflect the underlying provisions of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), to adopt related permit application requirements, to require that disturbance of perennial and intermittent streams and their buffer zones generally be avoided unless it is not reasonably possible to do so, to identify exceptions to the requirement to maintain an undisturbed buffer zone for perennial and intermittent streams, and to clarify the relationship between SMCRA and the Clean Water Act. 73 FR 75814 https://www.govinfo.gov/app/details/FR-2008-12-12/E8-29150 E8-29150 fr12de08-18 RIN 1029-AC04 4310-05-P Docket ID No.: OSM-2007-0007 https://www.govinfo.gov/app/details/FR-2008-12-12/E8-29150 https://www.govinfo.gov/content/pkg/FR-2008-12-12/html/E8-29150.htm https://www.govinfo.gov/content/pkg/FR-2008-12-12/pdf/E8-29150.pdf Incorporation by Reference Reporting and Recordkeeping Requirements Surface Mining Underground Mining Environmental Protection 72 p. 75814 75885 73 FR 75814 Title 30 Part 780 30 CFR Part 780 Title 30 Part 784 30 CFR Part 784 Title 30 Part 816 30 CFR Part 816 Title 30 Part 817 30 CFR Part 817 RIN 1029-AC04 Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams; Federal Register Vol. 73, Issue RULE E8-29150 II DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 2009-01-12 Docket ID No.: OSM-2007-0007 4310-05-P E8-29150 Final rule.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are amending our regulations concerning stream buffer zones, stream-channel diversions, siltation structures, impoundments, excess spoil, and coal mine waste. Among other things, this rule requires that surface coal mining operations be designed to minimize the creation of excess spoil and the adverse environmental impacts of fills constructed to dispose of excess spoil and coal mine waste. We have revised the stream buffer zone rule to more closely reflect the underlying provisions of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), to adopt related permit application requirements, to require that disturbance of perennial and intermittent streams and their buffer zones generally be avoided unless it is not reasonably possible to do so, to identify exceptions to the requirement to maintain an undisturbed buffer zone for perennial and intermittent streams, and to clarify the relationship between SMCRA and the Clean Water Act.

This rule is effective January 12, 2009. The incorporation by reference of the publication listed in the rule is approved by the Director of the Federal Register as of January 12, 2009. Dennis G. Rice, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240. Telephone: 202- 208-2829. Incorporation by Reference Reporting and Recordkeeping Requirements Surface Mining Underground Mining Environmental Protection Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams, http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html http://www.blm.gov/wo/st/en/prog/energy/oil_and_gas/best_management_practices/technical_information.html http://www.epa.gov/owow/wetlands/pdf/RapanosGuidance6507.pdf http://www.epa.gov/region3/mtntop/eis.htm http://www.epa.gov/region3/mtntop/pdf/mtm-vf_fpeis_full-document.pdf http://www.info.usda.gov/scripts/lpsiis.dll/TR/TR_210_60.htm http://www.osmre.gov https://fs.ogm.utah.gov/PUB/MINES/Coal_Related/RecMan/Reclamation_Manual.pdf www.regulations.gov Vol. 73, no. 240 Office of the Federal Register, National Archives and Records Administration 2008-12-12 continuing daily deposited born digital 402 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2008-12-12 P0b002ee1809ba791 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr12de08 https://www.govinfo.gov/app/details/FR-2008-12-12 https://www.govinfo.gov/content/pkg/FR-2008-12-12/pdf/FR-2008-12-12.pdf https://www.govinfo.gov/content/pkg/FR-2008-12-12/xml/FR-2008-12-12.xml fdlp 75535 75926 DGPO 2010-09-23 2024-06-05 FR-2008-12-12 machine generated eng FR FR-2008-12-12 73 240