Water: Wetlands
Laws & RegulationsPolicy & GuidanceWetlandsSurface Coal Mining Activities under Clean Water Act Section 404Surface Coal Mining Activities under Clean Water Act Section 404
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This page provides updates and background information regarding Clean Water Act Section 404 and Mining Activities.
Contents
- July 21, 2011 Final Memorandum: Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order (Set aside per July 31, 2012 court ruling)
- EPA Office of Research & Development Scientific Reports
- June 11, 2009 Memorandum of Understanding Implementing the Interagency Action Plan on Appalachian Surface Coal Mining
- Enhanced Coordination Procedures under the MOU (set aside per October 6, 2011 court ruling)
- EPA Surface Coal Mining Comment Letters
- Relevant Court Rulings
- Background Information on Mountaintop Mining
- Guidance on Surface Coal Mining Activities
July 21, 2011 Final Memorandum: Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order
On July 31, 2012, the Federal District Court for the District of Columbia set aside the EPA's July 21, 2011 Final Guidance on Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order.
EPA Office of Research & Development Scientific Reports
- EPA Office of Research & Development Final Report: A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams (May 27, 2011)
- Science Advisory Board Final Report "Review of Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams." (PDF) (48 pp, 465K)
- EPA Office of Research & Development Final Report: The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields (May 27, 2011)
- Science Advisory Board Final Report "Review of EPA's Draft Report on Aquatic Ecosystem Effects of Mountaintop Mining and Valley Fills" (PDF) (89 pp, 898K)
June 11, 2009 Memorandum of Understanding Implementing the Interagency Plan on Appalachian Surface Coal Mining
- Obama Administration Takes Unprecedented Steps to Reduce Environmental Impacts of Mountaintop Coal Mining, Announces Interagency Action Plan to Implement Reforms (PDF) - News Release (3 pp, 113K)
- MOU Among the U.S. Department of the Army, U.S. Department of the Interior, and U.S. Environmental Protection Agency Implementing the Interagency Action Plan on Appalachian Surface Coal Mining (PDF) (6 pp, 90K)
Enhanced Coordination Procedures for Pending Clean Water Act Permit Applications (set aside per October 6, 2011 court ruling)
On October 6, 2011, the Federal District Court for the District of Columbia set aside the Enhanced Coordination Procedures (ECP) developed by the Department of the Army and the Environmental Protection Agency to expedite review of 79 pending Appalachian surface coal mining permit applications. Corps Districts and the EPA Regions in Appalachia have all ceased using the ECP as of the date of the District Court's decision. It is important to note that while the court invalidated the ECP, the decision does not affect any statutory or regulatory requirements established under the Clean Water Act, including the Corps' and the EPA's Section 404 permitting regulations. A memorandum (PDF) (3 pp, 574K) was transmitted to the Corps on November 16, 2011, signed by Assistant Secretary of the Army Jo-Ellen Darcy, clarifying on the roles of both agencies moving forward. A memorandum (PDF) (5 pp, 536K) was also transmitted to the EPA Regional Offices by Acting Assistant Administrator for Water Nancy Stoner.
EPA Surface Coal Mining Comment Letters
- Copies of EPA comment letters regarding proposed surface coal mining projects requiring Section 404 permits can be found here
Relevant Court Rulings
- Fourth Circuit Decision in OHIO VALLEY v. ARACOMA COAL CO. (PDF) (84 pp, 405K) February 13, 2009
Background Information on Mountaintop Mining
- Office of Surface Mining Home Page
- Regulatory Home Page, US Army Corps of Engineers
- Background on Mountaintop Mining, EPA Region 3
- Downstream effects of mountaintop coal mining: comparing biological conditions using family- and genus-level macroinvertebrate bioassessment tools (PDF) (21 pp, 368K) by Gregory J. Pond, Margaret E. Passmore, Frank A. Borsuk, Lou Reynolds, and Carole J. Rose, US EPA.
Guidance on Surface Coal Mining Activities
- Joint Procedures Framework MOU for Surface Coal Mining Permit Applications - February 10, 2005 - The U.S. Office of Surface Mining (OSM), U.S. Army Corps of Engineers (COE), U.S. Environmental Protection Agency (EPA), and U.S. Fish and Wildlife Service (FWS) have coordinated in the development of a Memorandum of Understanding (MOU) to improve coordination and information sharing among the agencies responsible for reviewing and processing Surface Mining Control and Reclamation Act (SMCRA) and Clean Water Act (CWA) Section 404 dredge and fill permits.
- EPA/Corps Memo on CWA Requirements and Coal Mining Operations (PDF) (5 pp, 179K) - May 5, 2003.
- 1999 Memorandum of Understanding - establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States in West Virginia.