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

2. Coal Mining Underground Surface 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 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

5. 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

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 IPs 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