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Coal Mining Activities and Section 404 Permits

Coal Mining Activities and Section 404 Permits. Topics. Jurisdictional Determinations Pre-Application Meetings FPOP Applications/Permits/Appeals/Lawsuits Mitigation Questions. Section 404 of the Clean Water Act.

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Coal Mining Activities and Section 404 Permits

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  1. Coal Mining Activities and Section 404 Permits

  2. Topics • Jurisdictional Determinations • Pre-Application Meetings • FPOP • Applications/Permits/Appeals/Lawsuits • Mitigation • Questions

  3. Section 404 of the Clean Water Act • Regulation of the discharge of dredged or fill material into waters of the U.S., including wetlands… the placement of material into waters.

  4. 404 Permits for Coal Mining Placing fill material in waters • Hollow Fills • Coarse Refuse Fills • Dams for Sediment Ponds • Haul Roads • Mine-Through Areas • Operational Areas • Deep Mine Face-Ups

  5. Jurisdictional Determinations • Request JDs early • Locate “end of jurisdiction” • Assists with design of project to avoid waters • Necessary for FPOP and Alternatives Analysis

  6. Pre-Application Meetings KY Pre-Application Coordination Process/ KDNR, COE, USEPA, USFWS, KDOW, OSM • Agencies working to improve communication related to coal mining activities and better coordinate review of applications

  7. Pre-Application Meetings • Applicant introduces concept plans • Agencies advice -Discuss procedural aspects • Reduce cumulative time for application reviews • Eliminate unnecessary redesign • Consolidate pre-mining sampling efforts • Identify critical resources • Assure consistency of information to all agencies

  8. FPOP Working to Improve it • Met with Industry, Environmental and Agency Reps – last fall • Industry submitted “Factors Considered in Alternative Analysis…” • Drafting updates to FPOP that include justification for LEDPA – at Step 11 – “Strawman”

  9. Applications/Permits/Appeals/Lawsuits • Not many new applications • Issuing a few authorizations • One IP – sued by Environmental Group on Mitigation and Human Health Issues • NWP 21 a – District Court vacated • Appeal of proffered/initially proffered permit

  10. Compliance/Mitigation Corps Focus • Compliance Inspections on Mitigation • Letters advising and requiring action Companies coming in – work to find solution

  11. In Lieu Fee In-Lieu Fees KY Department of Fish and Wildlife Resources – new agreement • COE advises permittee of how many credits they need to purchase • KDFWR sets fee per credit

  12. Questions?? Contact Information Lee Anne Devine U.S. Army Corps of Engineers P.O. Box 59 Louisville KY 40201 (502)315-6692 Lee. Anne.Devine@usace.army.mil

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