US Army Corps of Engineers BUILDING STRONG ® Lee Anne Devine Chief, South Section Regulatory Branch...
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Transcript of US Army Corps of Engineers BUILDING STRONG ® Lee Anne Devine Chief, South Section Regulatory Branch...
US Army Corps of Engineers
BUILDING STRONG®
Lee Anne Devine
Chief, South Section
Regulatory Branch
Louisville District
Coal Mining Activities and Section 404 Permits
BUILDING STRONG®2
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.
BUILDING STRONG®5
404 Permits for Coal Mining
Placing fill material in waters•Hollow Fills•Coarse Refuse Fills•Dams for Sediment Ponds•Haul Roads•Mine-Through Areas•Operational Areas•Deep Mine Face-Ups
BUILDING STRONG®
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 Meetings
KY 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
BUILDING STRONG®
FPOP
Working 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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BUILDING STRONG®
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
BUILDING STRONG®
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. [email protected]