Thursday, June 17th, 2010

The US Army Corps of Engineers has decided to suspend the “streamlined” Nationwide Permit 21 in Appalachia.

According to statements made by Meg Gaffney-Smith, Chief of the Army Corps of Engineers Regulatory Program:

“Under the surface coal mining MOU, we identified concerns with surface coal mines specifically related to mountaintop removal…within those states.”

“Over the past several years, we have had enough new information, much of it complied by the Corps and other interested parties, that indicated that there may be concerns with this particular type of mining technique, impacts to aquatic resources and water quality, and how well stream mitigation projects were performing….we believed it was best to suspend NW permit 21 in this region.”

This is an enormous victory for coalfield citizens who have worked for years and years to end the abusive nationwide permitting process. Companies seeking to do fills will now need to use the more stringent individual permitting process, which allows for greater public input.

iLoveMountains.org has more about the lead up to this decision here, here, and here. As always, Ken Ward has more over at Coal Tattoo.

Press Statement from iLoveMountains.org

iLoveMountains.org is pleased that the Obama Administration has recognized the need to give full environmental review to valley fills, which are associated with the enormously destructive process of mountaintop removal coal mining.

The decision by the Army Corp of Engineers to suspend the Nationwide 21 permitting program till 2012 is a good start and should be extended beyond. Already more than 2000 miles of streams have been obliterated and thousands more exposed to toxic pollution. The Obama Adminstration needs to now take the next step and put a halt to all valley fills associated with mountaintop removal mining immediately. As scientist Margaret Palmer concluded in the study, “Mountaintop Mining Consequences,” published in the journal, Science, “The scientific evidence of the severe environmental and human impacts from mountaintop removal is strong and irrefutable. Its impacts are pervasive and long lasting and there is no evidence that any mitigation practices successfully reverse the damage it causes.”

We also encourage Congress to take action by putting a permanent stop to valley fills associated with mountaintop removal by passing the Pallone-Reichert Clean Water Protection Act, H.R. 1310, and the Cardin-Alexander Appalachia Restoration Act, S.B. 696, immediately.

Press releases from Army Corps of Engineers below…
…

Army Corps of Engineers announces decision to suspend Nationwide Permit 21 in the Appalachian Region

WASHINGTON – The U.S. Army Corps of Engineers announced today it has suspended the use of Nationwide Permit 21 (NWP 21) in the Appalachian region of six states. NWP 21 is used to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities. The suspension is effective immediately and applies to the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia. NWP 21 continues to be available in other regions of the country.

The suspension in Appalachia will remain in effect until the Corps takes further action on NWP 21 or until NWP 21 expires on March 18, 2012. While the suspension is in effect, individuals who propose surface coal mining projects that involve discharges of dredged or fill material into waters of the United States will have to obtain Department of the Army authorization under the Clean Water Act, through the Individual Permit process. The individual permit evaluation procedure provides increased public involvement in the permit evaluation process, including an opportunity for public comment on individual projects.

On June 11, 2009, the U.S. Department of the Army, U.S. Department of the Interior and the U.S. Environmental Protection Agency signed a Memorandum of Understanding with each agency agreeing to work together to reduce the adverse environmental impacts of surface coal mining activities in the Appalachian region. As a part of the MOU, the Corps agreed to issue a public notice to seek comment on the proposed action to modify NWP 21 to preclude its use in the Appalachian region.

On July 15, 2009, a Federal Register notice was published soliciting public comment on the Corps’ proposal to modify NWP 21. The notice also proposed to suspend NWP 21 in order to provide more immediate environmental protection while the longer-term process of modification is fully evaluated. The comment period was extended in response to many requests, and public hearings were conducted in October 2009 in each of the six affected states. Approximately 6,000 individuals attended the public hearings and about 400 individuals provided oral testimony. The Corps received approximately 23,000 comments during the comment period that concluded on October 26, 2009, of which 1,750 were substantive comments that were nearly evenly divided for and against the proposed modification and suspension actions.

The Corps determined after a thorough review and consideration of comments that continuing use of NWP 21 in this region may result in more than minimal impacts to aquatic resources. Activities that result in more than minimal impacts to the aquatic environment must be evaluated in accordance with individual permit procedures. Therefore, NWP 21 has been suspended in this region and coal mining activities impacting waters of the U.S. in this region will be evaluated in accordance with individual permit procedures.

NWP 21 verifications provided in writing by the Corps to mining companies before today’s suspension will continue to be valid until the NWP expires on March 18, 2012. Modification of NWP 21 will continue to be evaluated and a decision on this proposal will be made before NWP 21 expires.

Five pending NWP 21 requests are currently being processed in the Appalachian region affected by suspension of NWP 21. Corps districts will contact these applicants to discuss the process to submit individual permit applications for these activities. If applicants submit individual permit requests for these activities, the Corps districts will prioritize the evaluation of these applications. The Corps will work with the applicants and other interested parties to address and resolve substantive concerns and make final permit decisions as expeditiously as possible.

The Corps’ decision will be published in the June 18, 2010, edition of the Federal Register. A copy of the notice, FAQs and the decision document will be posted on the Corps’ Web site at http://www.usace.army.mil/CECW/Pages/nnpi.aspx.

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