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

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.

History
Court Cases
Reilly Decisions, Robertson, Rivenburg, Bulen,
Rowlette, Bulen II

Rules and Policy

Definition of Fill
SOPs for NWPs
Mitigation RGLs and guidance clarification
Silt Snake guidance

Staffing

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

Regulatory Program
Permit Authorization Tools
General Permits
Nationwide and Regional

Individual Permits
Letters of Permission and Standard

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.

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

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

IPs

Initiatives
Integrated process workgroup
SMCRA agency
Corps
401 agency
USEPA
USFWS

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

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

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

Other Initiatives
Stream Assessment Protocols
Consistency among the districts
Mitigation Banks
In-Lieu Fee Arrangement
Performance Bonds

!!!!!!!!!!!!!COMMUNICATION!!!!!!!!!!!!!

Thank You