C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER K—PERMANENT PROGRAM PERFORMANCE STANDARDS › PART 816—PERMANENT PROGRAM PERFORMANCE STANDARDS—SURFACE MINING ACTIVITIES

30 C.F.R. § 816.57

Hydrologic balance: Stream buffer zones

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(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 § 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 § 816.11.

[79 FR 76231, Dec. 22, 2014, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
Notes of Decisions
Cited in 6 cases, 1999–2014 · leading case: Nat'l Parks Conservation Ass'n v. Jewell, 62 F. Supp. 3d 7 (D.D.C. 2014).
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Nat'l Parks Conservation Ass'n v. Jewell, 62 F. Supp. 3d 7 (D.D.C. 2014). · cites it 3× “See 30 C.F.R. §§ 816.57 (a); 817.57(a) (2013).”
Bragg v. Robertson, 72 F. Supp. 2d 642 (S.D.W. Va 1999). · cites it 4× “2 (numerals added); see also 30 C.F.R. § 816.57 . *646 No land within one hundred feet (100') of an intermittent or perennial stream shall be disturbed by surface mining operations including roads unless specifically authorized by the Director.”
Kentuckians for the Commonwealth, Inc. v. Rivenburgh, 317 F.3d 425 (4th Cir. 2003). · cites it 2× “The district court’s reference to SMCRA’s provision of a "buffer zone," see 30 C.F.R. § 816.57 , does not address the scope of the Corps’ jurisdiction under the Clean Water Act to regulate all "fill material.”
Kentuckians for the Commonwealth, Inc. v. Rivenburgh, 204 F. Supp. 2d 927 (S.D.W. Va 2002). “30 C.F.R. § 816.57 (emphasis added). Under SMCRA, the buffer zone rule protects perennial and intermittent streams and their parts and reaches from surface mining incursions that affect their water quality and quantity or other environmental resources, consonant with the Clean…”
West Virginia Highlands Conservancy v. Norton, 147 F. Supp. 2d 474 (S.D.W. Va 2001). “The rule, patterned on the federal regulation, see 30 C.F.R. § 816.57 , was enacted pursuant to the state surface mining program approved by OSM under SMCRA and incorporated in state law.”
Bragg v. West Virginia Coal Ass'n, 248 F.3d 275 (4th Cir. 2001). “2; see also 30 C.F.R. § 816.57 (the federal counterpart).”
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