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Regulatory Programs for Coal Mining Activities in the Huntington District

Learn about the regulatory history and current challenges in coal mining activities by the Huntington District Corps of Engineers. Discover permit authorization tools, individual permits, and the challenges faced. Explore ongoing initiatives and goals to improve communication and coordination in the industry.

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Regulatory Programs for Coal Mining Activities in the Huntington District

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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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