[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Pages 5778-5779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2825]



[[Page 5778]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Intent To Prepare an Environmental Impact Statement To Consider 
Policies, Guidance, and Processes To Minimize the Environmental Impacts 
of Mountaintop Mining and Valley Fills in the Appalachian Coalfields

AGENCIES: Army Corps of Engineers, DoD.

ACTION: Notice of intent to prepare an environmental impact statement.

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PURPOSE: The U.S. Army Corps of Engineers (Corps), U.S. Environmental 
Protection Agency (EPA), Office of Surface Mining (OSM), and U.S. Fish 
and Wildlife Service (FWS), in accordance with section 102(2)(c) of the 
National Environmental Policy Act, with the State of West Virginia, 
will prepare an Environmental Impact Statement (EIS) on a proposal to 
consider developing agency policies, guidance, and coordinated agency 
decision-making processes to minimize, to the maximum extent 
practicable, the adverse environmental effects to waters of the United 
States and to fish and wildlife resources from mountaintop mining 
operations, and to environmental resources that could be affected by 
the size and location of fill material in valley fill sites.

DATES: The agencies invite comments and suggestions on the scope of the 
analysis, including the regulatory issues and significant environmental 
effects to be addressed in the EIS. Written comments from the public 
regarding the environmental and regulatory issues and alternatives to 
be addressed in the EIS should be received in writing by March 31, 
1999. The agencies will hold public meetings on February 23, 1999, in 
Summersville, West Virginia; February 24, 1999, in Charleston, West 
Virginia; and February 25, 1999, in Logan, West Virginia, to receive 
public input, either verbal or written, on relevant environmental and 
regulatory issues that should be addressed in the EIS. The locations 
and starting times of the public meetings are as follows: in 
Summersville, the meeting will be held at the Nicholas County Veteran's 
Memorial Park beginning at 6:30 p.m.; in Charleston, the meeting will 
be held at the rotunda at Riggleman Hall, University of Charleston in 
the afternoon from 2 to 4 p.m. and in the evening beginning at 6:30 
p.m.; and in Logan, the meeting will be held at the Chief Logan State 
Park beginning at 6:30 p.m. Other public meetings may also be held and 
will be announced at a later date.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to William Hoffman, Environmental Protection Agency, 3ES30, 
1650 Arch Street, Philadelphia, Pennsylvania, 19103-2029; e-mail 
address, [email protected]; telephone: 215-814-2995. 
Requests to be placed on the mailing list should also be sent to this 
address.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and EIS are to be directed to William Hoffman, Environmental Protection 
Agency, 215-814-2995. Coordinators for each of the Federal and State 
agencies are as follows:

William Hoffman, U.S. Environmental Protection Agency, 215-814-2995
David G. Hartos, Office of Surface Mining, 412-937-2909
Andy Gallagher, WV Division of Environmental Protection, 304-759-0515
Michael D. Gheen, U.S. Army Corps of Engineers, 304-529-5487
David Densmore, U.S. Fish and Wildlife Service, 814-234-4090

SUPPLEMENTARY INFORMATION: The agencies undertaking preparation of this 
voluntary EIS implement Federal and State laws with which mountaintop 
mining operations and associated discharges to waters of the United 
States must comply. OSM is responsible for national administration of 
the Surface Mining Control and Reclamation Act (SMCRA); it has 
delegated the authority for the SMCRA programs for surface mining 
operations in West Virginia to the State of West Virginia. Other 
Appalachian coalfield states (except Tennessee) also implement 
delegated SMCRA authority. Discharge of fill material into United 
States waters is regulated under section 404 of the Clean Water Act, 
with permit responsibility administered by the Corps and applicable 404 
regulations issued by the Corps and EPA. Other discharges to United 
States waters are subject to section 402 of the Clean Water Act, which 
is administered nationally by EPA with authority for the program 
delegated to West Virginia and other Appalachian coalfield States. 
Mountaintop mining operations must also comply with the Endangered 
Species Act, which is administered by FWS. In addition, the Fish and 
Wildlife Coordination Act (FWCA) pertains to federally-permitted, 
constructed, or licensed water development projects and land 
development projects that affect any water body. Whenever OSM, Corps, 
or EPA authorize an action within the scope of the FWCA, they are 
required to consult with the FWS, and similar State agencies, to obtain 
recommendations on ways to mitigate adverse effects on fish and 
wildlife resources.
    The number of mountaintop mining operations that utilize valley 
fills, as well as the scale of individual operations, have increased in 
recent years in West Virginia. This EIS will evaluate significant 
environmental impacts associated with these operations on water 
quality, streams, aquatic and terrestrial habitat, habitat 
fragmentation, the hydrological balance, and other individual and 
cumulative effects. Federal and state agencies are increasingly 
concerned over the lack of comprehensive data regarding valley fill 
operations, and have initiated a number of studies to address these 
data gaps. Accurately describing and quantifying the extent and nature 
of direct, secondary, and cumulative impacts related to valley fills 
and associated mining practices is difficult.
    This EIS will complement recent efforts to address the issues of 
mountaintop mining and valley fills. The OSM recently completed and 
issued a draft oversight report entitled ``An Evaluation of Approximate 
Original Contour and Postmining Land Use in West Virginia''. During 
1998, the Governor of West Virginia established a Governor's Task 
Force, which held public inquiries and evaluated the impacts of 
mountaintop mining operations on the economy, the environment, and the 
people of that State. Its report was issued in December 1998.
    To address the concerns about mountaintop mining and valley fills, 
the agencies will consider potential revisions to relevant regulations, 
policies, and guidance that would minimize the potential for adverse 
individual and cumulative impacts of mining operations. The EIS will 
provide information that will help the agencies improve the permitting 
process to protect water quality and minimize impacts to other 
environmental resources. The EIS will also examine how regulations of 
the agencies can be better coordinated. The EIS may consider 
information on the following: The cumulative environmental impacts of 
mountaintop mining; the efficacy of stream restoration; the viability 
of reclaimed streams compared to natural waters; the impact that filled 
valleys have on aquatic life, wildlife and nearby residents; biological 
and habitat analyses that should be done before mining begins; 
practicable alternatives for in-stream placement of excess

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overburden; measures to minimize stream filling to the maximum extent 
practicable; and the effectiveness of mitigation and reclamation 
measures. The EIS is expected to take two years to complete.

    Dated: February 2, 1999.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 99-2825 Filed 2-4-99; 8:45 am]
BILLING CODE 3710-92-P