Top state environmental official opposes mining rule

Tennessee Environment and Conservation Commissioner Betsy Child sent a letter saying the state disagrees with the proposed change to a Tuesday public hearing also attended by local environmental activists.

Child’s letter said the U.S. Office of Surface Mining should not proceed with the new rule.

“We do not agree with the manner in which OSM intends to exercise (its) discretion in the proposed rule,” according to the letter read by state environment and conservation program manager Paul Schmierbach.

About 100 opponents of the proposed change applauded when the letter was read.

Federal officials did not speak at the hearing and no one else attending spoke in support of the proposed rule change.

“We are encouraged by what we’ve seen tonight,” said Landon Medley of Save Our Cumberland Mountains, an environmental group well represented at the hearing. “We consider it a good first step.”

The rule change, proposed Jan. 7, would allow mining-related debris to be dumped within 100 feet of nearby streams or in them as long as miners showed that leftover debris was kept to a minimum and that fill sites would not be designed any larger than needed.

Mining companies also would have to show they considered alternative sites.

Officials with the Office of Surface Mining have said the changes would reduce conflicts with the federal Clean Water Act.

Earlier this year, the Department of Environment and Conservation fined the Robert Clear Coal Co. for violating its water quality permit and polluting Dan Branch, a stream that flows from the mining site.

Environmentalists at the public hearing said Tuesday night said that kind of debris dumping could happen if the Office of Surface Mining changes its rule.

Jeff Coker, a scientist from the federal agency’s Knoxville office, said there is no timetable for a decision on the proposed change. The public comment period ends April 7.

“We’ll review all the comments after that and make a decision,” he said.