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Coal Mining Activities
Mark A. Taylor Huntington District Corps of Engineers
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Coal Mining Underground Surface Room and pillar Longwall
Highwall/Auger Surface Area Steep Slope Mountaintop Contour
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Corps Regulatory Program
Section 10 of the Rivers and Harbors Act of 1899 regulates structures, or work in, on, over or under navigable waters of the United States Section 404 of the Clean Water Act regulates the discharge of dredged or fill material in waters of the U.S.
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History Court Cases Rules and Policy Staffing
Reilly Decisions, Robertson, Rivenburg, Bulen, Rowlette, Bulen II Rules and Policy Definition of Fill SOPs for NWPs Mitigation RGL’s and guidance clarification “Silt Snake” guidance Staffing
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Typical Mining Activities that require authorization from the Corps
Valley/Hollow Fills Refuse fills Sediment Structures Stream relocations Operational Areas Culvert placements (road crossings) Bank Protection Utility Lines
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Regulatory Program Permit Authorization Tools General Permits
Nationwide and Regional Individual Permits Letters of Permission and Standard
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General Permits Definition:
Authorization for a category of activities that are: similar in nature and cause only minimal individual and cumulative environmental impacts; adequately regulated by a local, regional, state or Federal agency and cause only minimal individual and cumulative environmental impacts.
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Individual Permits Definition:
Required for activities which may cause more than minimal adverse effects to the aquatic environment Exceeds terms and conditions of a general permit Public interest review – public notice Opportunity for public hearing Evaluated on a case-by-case basis
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Current Status NWP 21 IPs Expires March 2007
Possible replacement out for comment now along with proposed NWPs E & F IPs
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Initiatives Integrated process workgroup SMCRA agency Corps 401 agency
USEPA USFWS
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Challenges Timing/Permit Sequencing Corps last……
Conditional SMCRA issuance Jurisdictional determination Corps and 401 review Mitigation Plan revision ARP on every permit Alternatives Assessment Mitigation Lengthy Delays in permitting Lack of Coordination among Regulators
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Duplication of Efforts
BZVR – Intermittent and Perennial streams Alternatives analysis Avoidance and minimization SMCRA – CHIA Corps – CIA on waters of US Endangered Species Act National Historic Preservation Act
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Goals Improve Communication & Coordination
Consistent Permit Requirements Implement Concurrent Reviews Reduce need for Conditional Issuances Reduce Permit Revisions Education/Awareness
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Other Initiatives Stream Assessment Protocols
Consistency among the districts Mitigation Banks In-Lieu Fee Arrangement Performance Bonds !!!!!!!!!!!!!COMMUNICATION!!!!!!!!!!!!!
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Thank You
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