Streams database

Beryl Lipton filed this request with the Department of the Interior, Office of Surface Mining of the United States of America.
Tracking #

OS-2016-00143

Est. Completion None
Status
No Responsive Documents

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All databases, spreadsheets, procedures, guiding materials, and related materials detailing all officially-recognized streams in all areas under the jurisdiction of this agency. Please include all available segregable data, including but not limited to all available GIS data, all other location data, any identifying names or elements, the date on which the stream was recognized, the level of outside contaminants noted to be in the water supply, all other notes or distinguishing environmental elements, etc.

According to materials from Representative Alex Mooney, the DOI had considered regulations that "would essentially ban mining operations within 100 feet of anything the Department of the Interior Office of Surface Mining Reclamation and Enforcement (OSM) defines as a 'stream.' Even worse, the proposed new regulations are expected to prohibit mining underneath a stream, making underground coal mining very challenging."

Any clarification on this request will gladly be provided and a phone call can be arranged if that is more convenient.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: OS, OS FOIA

Dear Beryl Lipton,

Please find enclosed the final response letter for FOIA request
OS-2016-00143.
Thanks,
Cindy

--
Department of the Interior
Office of the Secretary, FOIA Office
1849 C Street, NW, MS-7328
Washington, D.C. 20240
os_foia@ios.doi.gov
(202) 513-0765 - phone
(202) 219-2374 - fax

From: Beryl Lipton

Hi Cindy,

Thank you for your message. I'll follow up with the Office of Surface Mining.

Have a lovely day,
Beryl

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All databases, spreadsheets, procedures, guiding materials, and related materials detailing all officially-recognized streams in all areas under the jurisdiction of this agency. Please include all available segregable data, including but not limited to all available GIS data, all other location data, any identifying names or elements, the date on which the stream was recognized, the level of outside contaminants noted to be in the water supply, all other notes or distinguishing environmental elements, etc.

According to materials from Representative Alex Mooney, the DOI had considered regulations that "would essentially ban mining operations within 100 feet of anything the Department of the Interior Office of Surface Mining Reclamation and Enforcement (OSM) defines as a 'stream.' Even worse, the proposed new regulations are expected to prohibit mining underneath a stream, making underground coal mining very challenging."

Any clarification on this request will gladly be provided and a phone call can be arranged if that is more convenient.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: FOIA, OSM

Dear Ms. Beryl Lipton

Thank you for your request. Your request was received and assigned control
number OSM-2016-00044. Please cite this number in any future communications
with our office
regarding your request.

We are writing to respond to your request. After a search of our files,
the Office of Surface Mining Reclamation and Enforcement did not locate
records responsive to your request.

You may appeal this response to the Department’s FOIA/Privacy Act Appeals
Officer. If you choose to appeal, the FOIA/Privacy Act Appeals Officer
must receive your FOIA appeal *no later than 30 workdays* from the date of
this email. Appeals arriving or delivered after 5 p.m. Eastern Time,
Monday through Friday, will be deemed received on the next workday.

*Your appeal must be made in writing*. You may submit your appeal and
accompanying materials to the FOIA/Privacy Act Appeals Officer by mail,
courier service, fax, or email. All communications concerning your appeal
should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL."
You must include an explanation of why you believe the Office of Surface
Mining Reclamation and Enforcement’s response is in error. You must also
include with your appeal copies of all correspondence between you and the
Office of Surface Mining Reclamation and Enforcement concerning your FOIA
request, including your original FOIA request and Office of Surface Mining
Reclamation and Enforcement’s response. Failure to include with your
appeal all correspondence between you and Office of Surface Mining
Reclamation and Enforcement will result in the Department's rejection of
your appeal, unless the FOIA/Privacy Act Appeals Officer determines (in the
FOIA/Privacy Act Appeals Officer’s sole discretion) that good cause exists
to accept the defective appeal.

Please include your name and daytime telephone number (or the name and
telephone number of an appropriate contact), email address and fax number
(if available) in case the FOIA/Privacy Act Appeals Officer needs
additional information or clarification of your appeal.

*DOI FOIA/Privacy Act Appeals Office Contact Information*

Department of the Interior
Office of the Solicitor
1849 C Street, N.W.
MS-6556 MIB
Washington, DC 20240

Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339
Fax: (202) 208-6677
Email: FOIA.Appeals@sol.doi.gov

*Office of Government Information Services Meditation*

For your information, Congress excluded three discrete categories of law
enforcement and national security records from the requirements of FOIA.
*See* 5 U.S.C. 552(c) <http://www.justice.gov/oip/amended-foia-redlined.pdf>.
This response is limited to those records that are subject to the
requirements of FOIA. This is a standard notification that is given to all
our requesters and should not be taken as an indication that excluded
records do, or do not, exist.

The 2007 FOIA amendments created the Office of Government Information
Services (OGIS) to offer mediation services to resolve disputes between
FOIA requesters and Federal agencies as a non-exclusive alternative to
litigation. Using OGIS services does not affect your right to pursue
litigation. You may contact OGIS in any of the following ways:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road - OGIS
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Web: https://ogis.archives.gov
Telephone: 202-741-5770
Fax: 202-741-5769
Toll-free: 1-877-684-6448

Please note that using OGIS services does not affect the timing of filing
an appeal with the Department’s FOIA & Privacy Act Appeals Officer.

If you have any questions regarding our response to your request, or any of
the issues discussed in this letter, you may contact me.

Sincerely,

Dele Awoniyi
Department of the Interior
Office of Surface Mining, FOIA Officer
MS SIB 257, 1951 Constitution Avenue, N.W.
Washington, D.C. 20240
Telephone (202) 208-5840

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