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Coal Mining Activities

Coal Mining Activities. Mark A. Taylor Huntington District Corps of Engineers. Coal Mining. Underground Room and pillar Longwall Highwall/Auger Surface Area Steep Slope Mountaintop Contour. Corps Regulatory Program.

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Coal Mining Activities

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  1. Coal Mining Activities Mark A. Taylor Huntington District Corps of Engineers

  2. Coal Mining • Underground • Room and pillar • Longwall • Highwall/Auger • Surface • Area • Steep Slope • Mountaintop • Contour

  3. 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.

  4. History • Court Cases • 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

  5. Typical Mining Activitiesthat require authorization from the Corps • Valley/Hollow Fills • Refuse fills • Sediment Structures • Stream relocations • Operational Areas • Culvert placements (road crossings) • Bank Protection • Utility Lines

  6. Regulatory Program • Permit Authorization Tools • General Permits • Nationwide and Regional • Individual Permits • Letters of Permission and Standard

  7. 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.

  8. 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

  9. Current Status • NWP 21 • Expires March 2007 • Possible replacement out for comment now along with proposed NWPs E & F • IPs

  10. Initiatives • Integrated process workgroup • SMCRA agency • Corps • 401 agency • USEPA • USFWS

  11. 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

  12. 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

  13. Goals • Improve Communication & Coordination • Consistent Permit Requirements • Implement Concurrent Reviews • Reduce need for Conditional Issuances • Reduce Permit Revisions • Education/Awareness

  14. Other Initiatives • Stream Assessment Protocols • Consistency among the districts • Mitigation Banks • In-Lieu Fee Arrangement • Performance Bonds !!!!!!!!!!!!!COMMUNICATION!!!!!!!!!!!!!

  15. Thank You

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