Mountaintop mines are surface coal mines that remove coal from seams running through the upper areas of a mountain or ridge in states such as Kentucky, Tennessee, Virginia and West Virginia. Whenever rock is removed to mine the coal, more material results than can be placed back into the mining excavation. Called "excess spoil," this material is typically placed in valleys or hollow fills located in adjacent headwater valleys. The size and extent of these excess spoil fills have raised concerns over the loss of streams, destruction of fish and wildlife habitat, and impaired aesthetics. The Department, through its Office of Surface Mining, Reclamation and Enforcement (OSMRE), regulates mountaintop mining and valley fills under the provisions of the Surface Mining Control and Reclamation Act (SMCRA). The U.S. Army Corps of Engineers (COE) and the Environmental Protection Agency (EPA) also regulate these activities under the provisions of the Clean Water Act.

The Department's OSMRE and Fish and Wildlife Service have been cooperating in the development of a draft Environmental Impact Statement (EIS) with the COE, EPA, and the state of West Virginia. This draft document includes a wide array of technical information on the impacts of mountaintop mining, the current regulatory requirements for such mining, and proposes methods for better coordination of the federal agencies responsible for regulating coal mining activities so as to further minimize environmental impacts.

Interior is committed by the requirements of SMCRA to regulate coal mining in a way that balances environmental protection with responsible coal production to meet the nation's energy needs. SMCRA requires that we not supercede the Clean Water Act. We will continue to develop our regulatory requirements to minimize environmental impacts, implement the preferred alternative and actions of the final mountaintop mining/valley fill EIS, as well as coordinate with Clean Water Act agencies to ensure that SMCRA requirements are consistent with Clean Water Act provisions and allow the regulated industry to minimize duplication in data collection, analysis, and processes among the federal agencies involved.