Army Corps of Engineers Solicits Public Comment on Two Proposals Related to Nationwide Permit 21 in the Appalachian Region

WASHINGTON, July 15 /PRNewswire-USNewswire/ -- The U.S. Army Corps of Engineers announced today it is soliciting public comments on two proposals related to the use of Nationwide Permit (NWP) 21 in the nation's Appalachian region. NWP 21 authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities.

The proposals would affect only the Appalachian region of the following states: Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. The use of NWP 21 for surface coal mining activities in other regions of the country would not be affected.

The first proposal is to modify NWP 21 to prohibit its use in the Appalachian region. In the absence of NWP 21, an applicant would be required to obtain an individual permit for surface coal mining projects. An individual permit includes increased public and agency involvement in the permit review process, including an opportunity for public comment on individual projects.

The second proposal is to suspend NWP 21 while the Corps evaluates the comments received during the 30-day comment period, and while the Corps completes the process to modify NWP 21. If NWP 21 is suspended during this interim period, an applicant would be required to obtain an individual permit for surface coal mining projects.

The Corps' decision to issue these proposals is a result of the interagency action plan agreed to on June 11, 2009, as part of a Memorandum of Understanding signed by the Corps, the U.S. Department of the Interior, and the U.S. Environmental Protection Agency. The agencies agreed to work together to reduce the adverse environmental impacts of surface coal mining activities in the Appalachian region. A copy of the MOU is available at: http://www.usace.army.mil/CECW/Pages/moumoas.aspx.

A public notice on the proposals was published in the July 15, 2009 Federal Register, http://edocket.access.gpo.gov/2009/pdf/E9-16803.pdf . Written comments should be submitted at the federal eRulemaking portal at http://www.regulations.gov under docket number COE-2009-0032; or mailed to the U.S. Army Corps of Engineers, Attn: CECW-CO (Attn: Ms. Desiree Hann), 441 G. Street N.W., Washington, D.C. 20314. Comments must be submitted on or before August 14, 2009. Email or faxed comments will not be accepted.