COALEX REPORT 97

	Coalex Report 97

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE INQUIRY REPORT - 97
June 23, 1988

Sally Just
Pennsylvania DER, Office of Policy 
Fulton Bldg., 2nd Floor
P.O. Box 2063
Harrisburg, PA 17120

TOPIC:  DEFINITION OF "PERENNIAL STREAM"

INQUIRY:  Please search the Federal Register and selected state regulations for the definitions of
"perennial stream."

SEARCH RESULT:  The federal regulation defining the term "perennial stream" is found at 30 CFR
Sec. 3701.5, and reads as follows: Perennial stream "means a stream or part of a stream that
flows continuously during all of the calendar year as a result of ground-water discharge or surface
runoff".  The term does not include "intermittent stream" or "ephemeral stream."

   This definition has not been revised or amended since its promulgation in 1979.  In the
preamble to the 1979 final regulations, OSM noted that this definition was based on a definition
of the term which was contained in a 1960 U.S. Geological Survey Water Supply Paper.  No
comments were received on this regulation, which was adopted as proposed.  (44 FR 14,932
(1979)). 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

   Of the six states which were researched, four (Kentucky, Indiana, Illinois, and Virginia)
contained a definition of "perennial stream" that is identical to that found in the federal
regulations.  Ohio's definition differed from the others in that the phrase "or part of a stream" was
omitted; otherwise, Ohio's definition was identical to that used by OSMRE. 

   West Virginia"s definition differs from the OSMRE definition, in that it makes no reference to a
flow during "a calendar year" or to "surface runoff" of "ground water discharge".  That state"s
definition of "perennial streams" reads:  "a stream or portion of a stream that flows continuously."


ATTACHMENTS
A    44 FR 14, 932 (1979).
B    405 KAR 7:020, Sec. 1 (1986).
C    310 IAC 12-1-3 (1986).
D    Illinois Surface Coal Mining Regs., Sec. 1701.5 (1982).
E    Virginia Coal Surface Mining Reclamation Regs. Sec. 480-03-19.  700.5 (1986).
F    Ohio Admin Code Sec. 1501:13-1-02 (1987).
G    West Virginia Surface Mining Reclamation Regs. Sec. 2 (1983).


Search conducted by:  Michele Manning

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