The Colorado Mining Association wishes to respond to the story (Herald, Oct. 31) dealing with opposition to the Stream Protection Rule. Community leaders on the Western Slope have spoken out against the rule in public hearings because of the harm it poses for their economic viability.
The rule being proposed by the Office of Surface Mining, Reclamation and Enforcement was initially intended to regulate a small area of coal mining in the eastern United States but instead will shut down underground coal mines in Colorado. Underground coal mines in Colorado employ long-wall mining techniques that often underlie large areas containing a network of streams which would be prohibited by the OSM rule.
OSM started out with a limited focus and then allowed political mission-creep to expand the rule until it changed over 475 existing provisions of existing federal regulation. In addition, it places additional burdens on state regulatory agencies that must implement whatever changes are ultimately adopted.
Had OSM consulted with the Division of Reclamation, Mining and Safety before launching such a massive rulemaking, the proposal might be less onerous while offering actual environmental benefit. The state of Colorado already regulates coal mines in Colorado, including applying permitting and technical requirements that ensure coal is mined and the land reclaimed for a beneficial use.
OSM has recognized that state mining regulatory programs such as Colorado’s work well and protect against off-site impacts. In fact, OSM previously found that Colorado has protected off-site impacts in 95 percent of the sites it reviewed.
Thanks to stringent existing state requirements, OSM’s proposed rule duplicates or supersedes regulatory requirements and programs managed by other agencies, in violation of the federal Surface Mining Control and Reclamation Act. This is a clear case of out-of-control government regulation, which will cost many Colorado coal miners their jobs, and will cost Colorado schools and communities millions of dollars in lost taxes and royalties.
Stan Dempsey Jr., president
Colorado Mining Association
Denver
