[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Pages 5800-5801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2845]


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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-5499-5]


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: Environmental Protection Agency (EPA), U.S. Army Corps of 
Engineers (Corps), Office of Surface Mining (OSM), and U.S. Fish and 
Wildlife Service (FWS).

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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PURPOSE: The EPA, Corps, OSM, and FWS, in accordance with Section 
102(2)(c) of the National Environmental Policy Act (NEPA), 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 2-4 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, hoffman. [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

[[Page 5801]]

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 U.S. 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 U.S. waters is regulated under Sec. 404 
of the Clean Water Act, with permit responsibility administered by the 
U.S. Army Corps of Engineers and applicable 404 regulations issued by 
the Corps and EPA. Other discharges to U.S. waters are subject to Sec. 
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, COE, 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 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: January 29, 1999.
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 99-2845 Filed 2-4-99; 8:45 am]
BILLING CODE 6560-50-P