[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, hoffman.william@epamail.epa.gov; 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
[[Page 5779]]
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
