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Community Impacts of the Obama Administration's Effort JOBS AT RISK: COMMUNITY IMPACTS OF THE OBAMA ADMINISTRATION’S EFFORT TO REWRITE THE STREAM BUFFER ZONE RULE OVERSIGHT FIELD HEARING BEFORE THE SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES OF THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION Monday, September 26, 2011, in Charleston, West Virginia Serial No. 112-66 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.fdsys.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PRINTING OFFICE 68-511 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:58 Nov 06, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\DOCS\68511.TXT Hresour1 PsN: KATHY COMMITTEE ON NATURAL RESOURCES DOC HASTINGS, WA, Chairman EDWARD J. MARKEY, MA, Ranking Democrat Member Don Young, AK Dale E. Kildee, MI John J. Duncan, Jr., TN Peter A. DeFazio, OR Louie Gohmert, TX Eni F.H. Faleomavaega, AS Rob Bishop, UT Frank Pallone, Jr., NJ Doug Lamborn, CO Grace F. Napolitano, CA Robert J. Wittman, VA Rush D. Holt, NJ Paul C. Broun, GA Rau´ l M. Grijalva, AZ John Fleming, LA Madeleine Z. Bordallo, GU Mike Coffman, CO Jim Costa, CA Tom McClintock, CA Dan Boren, OK Glenn Thompson, PA Gregorio Kilili Camacho Sablan, CNMI Jeff Denham, CA Martin Heinrich, NM Dan Benishek, MI Ben Ray Luja´n, NM David Rivera, FL John P. Sarbanes, MD Jeff Duncan, SC Betty Sutton, OH Scott R. Tipton, CO Niki Tsongas, MA Paul A. Gosar, AZ Pedro R. Pierluisi, PR Rau´ l R. Labrador, ID John Garamendi, CA Kristi L. Noem, SD Colleen W. Hanabusa, HI Steve Southerland II, FL Vacancy Bill Flores, TX Andy Harris, MD Jeffrey M. Landry, LA Charles J. ‘‘Chuck’’ Fleischmann, TN Jon Runyan, NJ Bill Johnson, OH Todd Young, Chief of Staff Lisa Pittman, Chief Counsel Jeffrey Duncan, Democrat Staff Director David Watkins, Democrat Chief Counsel SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES DOUG LAMBORN, CO, Chairman RUSH D. HOLT, NJ, Ranking Democrat Member Louie Gohmert, TX Peter A. DeFazio, OR Paul C. Broun, GA Madeleine Z. Bordallo, GU John Fleming, LA Jim Costa, CA Mike Coffman, CO Dan Boren, OK Glenn Thompson, PA Gregorio Kilili Camacho Sablan, CNMI Dan Benishek, MI Martin Heinrich, NM David Rivera, FL John P. Sarbanes, MD Jeff Duncan, SC Betty Sutton, OH Paul A. Gosar, AZ Niki Tsongas, MA Bill Flores, TX Vacancy Jeffrey M. Landry, LA Edward J. Markey, MA, ex officio Charles J. ‘‘Chuck’’ Fleischmann, TN Bill Johnson, OH Doc Hastings, WA, ex officio (II) VerDate Nov 24 2008 10:58 Nov 06, 2012 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 L:\DOCS\68511.TXT Hresour1 PsN: KATHY CONTENTS Page Hearing held on Monday, September 26, 2011 ..................................................... 1 Statement of Members: Capito, Hon. Shelley Moore, a Representative in Congress from the State of West Virginia ............................................................................................ 5 Prepared statement of ............................................................................... 6 Johnson, Hon. Bill, a Representative in Congress from the State of Ohio .. 7 Prepared statement of ............................................................................... 9 Lamborn, Hon. Doug, a Representative in Congress from the State of Colorado ......................................................................................................... 1 Prepared statement of ............................................................................... 3 Statement of Witnesses: Bostic, Jason D., Vice-President, West Virginia Coal Association ............... 70 Prepared statement of ............................................................................... 72 Carey, Michael, President, Ohio Coal Association ......................................... 66 Prepared statement of ............................................................................... 68 Clarke, Thomas L., Director, Division of Mining and Reclamation, West Virginia Department of Environmental Protection .................................... 15 Prepared statement of ............................................................................... 17 Corra, John, Director, Wyoming Department of Environmental Quality .... 42 Prepared statement of ............................................................................... 46 Fredriksen, Katharine A., Senior Vice President, Environmental Strategy & Regulatory Affairs, CONSOL Energy ..................................................... 77 Prepared statement of ............................................................................... 79 Gunnoe, Maria, Community Organizer .......................................................... 88 Prepared statement of ............................................................................... 90 Horton, Roger D., Co-Founder, Mountaintop Mining Coalition ................... 60 Prepared statement of ............................................................................... 62 Lambert, Bradley C., Deputy Director, Virginia Department of Mines, Minerals and Energy .................................................................................... 31 Prepared statement of ............................................................................... 37 Manchin, Hon. Joe, a Senator in Congress from the State of West Virginia .......................................................................................................... 14 Tomblin, Hon. Earl Ray, Governor, State of West Virginia .......................... 10 Prepared statement of ............................................................................... 11 Webb, Bo, President/Current Member, Coal River Mountain Watch .......... 82 Prepared statement of ............................................................................... 84 Additional materials supplied: Alabama Surface Mining Commission; Indiana Department of Natural Resources; Kentucky Department of Natural Resources; Railroad Commission of Texas; Utah Division of Oil, Gas and Mining; Virginia Department of Mines, Minerals and Energy; and Wyoming Department of Environmental Quality, Letter to The Honorable Joseph Pizarchik dated November 23, 2010, submitted for the record .................................. 110 Interstate Mining Compact Commission (IMCC), Statement submitted for the record ................................................................................................. 114 McDonnell, Hon. Robert F., Governor, Commonwealth of Virginia, Letter to The Honorable Ken Salazar dated March 8, 2011, submitted for the record ....................................................................................................... 33 Pizarchik, Hon. Joseph G., Director, Office of Surface Mining, Reclamation and Enforcement, Response to Virginia Governor Robert McDonnell dated May 6, 2011 ..................................................................... 35 ‘‘Rahall Welcomes Monday Hearing on Stream Buffer Zone,’’ Press release submitted for the record ............................................................................... 109 Western Governors’ Association, Letter to The Honorable Ken Salazar dated February 27, 2011, submitted for the record ................................... 43 (III) VerDate Nov 24 2008 10:58 Nov 06, 2012 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 L:\DOCS\68511.TXT Hresour1 PsN: KATHY VerDate Nov 24 2008 10:58 Nov 06, 2012 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 L:\DOCS\68511.TXT Hresour1 PsN: KATHY OVERSIGHT FIELD HEARING ON ‘‘JOBS AT RISK: COMMUNITY IMPACTS OF THE OBAMA ADMINISTRATION’S EFFORT TO REWRITE THE STREAM BUFFER ZONE RULE.’’ Monday, September 26, 2011 U.S. House of Representatives Subcommittee on Energy and Mineral Resources Committee on Natural Resources Charleston, West Virginia The Subcommittee met, pursuant to call, at 9:00 a.m., in the Historical Courtroom 4, 407 Virginia Street, East, Charleston, West Virginia, The Honorable Doug Lamborn [Chairman of the Sub- committee] presiding. Present: Representatives Lamborn and Johnson. Also Present: Representative Capito. Mr. LAMBORN. The Committee will come to order. The Chairman notes the presence of a quorum, which under Committee Rule 3(e) is two Members. The Subcommittee on Energy and Mineral Re- sources is meeting today to hear testimony for an oversight hearing on ‘‘Jobs at Risk: Community Impacts of the Obama Administra- tion’s Effort to Rewrite the Stream Buffer Zone Rule.’’ Under Com- mittee Rule 4(f), opening statements are limited to the Chairman and Ranking Member of the Subcommittee. However, I ask unani- mous consent that Mrs. Capito and Mr. Johnson be permitted to give an opening statement and to include any other Members’ opening statements in the hearing record submitted to the Clerk by close of business today. Hearing no objection, so ordered. I now recognize myself for five minutes. STATEMENT OF THE HON. DOUG LAMBORN, A REPRESENTA- TIVE IN CONGRESS FROM THE STATE OF COLORADO Mr. LAMBORN. Thank you everyone for being here today. I’m Congressman Doug Lamborn of Colorado, and I am the Chairman of the House Natural Resources Committee’s Subcommittee on Energy and Mineral Resources. We are here today to hear testimony on the job and community impacts stemming from the Obama Administration’s rewrite
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