US Army Corps of EngineersBUILDING STRONG®

Lee Anne DevineChief, South SectionRegulatory BranchLouisville District

Coal Mining Activities and Section 404 Permits

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Topics Jurisdictional Determinations Pre-Application Meetings FPOP Applications/Permits/Appeals/

Lawsuits Mitigation Questions

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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.

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

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Jurisdictional Determinations Request JDs early Locate “end of jurisdiction” Assists with design of project to

avoid waters Necessary for FPOP and Alternatives

Analysis

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Pre-Application MeetingsKY 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

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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

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FPOPWorking 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”

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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

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Compliance/Mitigation

Corps Focus Compliance Inspections on Mitigation Letters advising and requiring action

Companies coming in – work to find solution

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In Lieu Fee

In-Lieu FeesKY Department of Fish and Wildlife Resources – new agreement► COE advises permittee of how

many credits they need to purchase► KDFWR sets fee per credit

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Questions??Contact InformationLee Anne DevineU.S. Army Corps of EngineersP.O. Box 59Louisville KY 40201

(502)315-6692Lee. Anne.Devine@usace.army.mil