In an effort to maintain open communication and better understand both sides of the coal-mining issue, the Corps of Engineers Louisville District has made a concerted effort to hear the opposing viewpoints that surround the debate.
In a continuation of that effort on Aug. 3, Louisville District Commander Col. Keith Landry and Corps regulators Todd Williams and Adam Fannin met with Kentucky Rep. Keith Hall to visit a proposed coal-mining expansion site at Beech Creek Coal Mine in Phelps, Ky.
Rep. Hall, owner of the Beech Creek Coal Mine, plans to request additional land to be deemed usable for a fill-area for the displaced surface mining material. If any streams are impacted due to the discharge of fill material, then a new permit will have to be authorized by the Louisville District.
"We really need the area in Phillips and Bear Branch," former mine manager Bob Miser said. "If not, it’s kind of like when you paint yourself into a corner."
In June 2010, the Corps of Engineers suspended the use of Nationwide Permit 21 (NWP 21) in Appalachia. With this suspension, many surface coal mining activities that involve discharges of fill material into waters must now be considered for authorization through the Corps of Engineers’ Individual Permit Process.
"This process is more time consuming and does involve notifying the general public of the proposal" Louisville District Regulatory Section Chief Lee Anne Devine said, "But, ultimately, it allows us to make a more informed decision that balances both priorities — the environment and the economy — to be sure the project is in the public interest."
The goal of the Corps of Engineers is to provide a balanced decision on projects of this magnitude. The Corps is dedicated to providing strong protection of the nation’s aquatic environment, including wetlands; enhancing the efficiency of the Corps’ administration of its regulatory program; and ensuring the Corps provides the public with fair and reasonable decisions.
At a public meeting in Pikeville, Ky., Oct. 13, 2009, concerning the suspension of NWP 21, the Corps of Engineers listened to concerns from the environmental group Kentuckians for the Commonwealth (KFTC) who support environmentally-sound mining practices.
"KFTC strongly supports the proposal to strengthen the permit process for coal mining valley fills so our water resources will receive the protection they need," said Doug Doerrfeld with the KFTC. "These proposals are the right thing to do."
Fellow KFTC member Mary Love agreed with Doerrfeld. "We do not want to stop coal mining," said Love. "We just want it done responsibly."
"It’s a balancing act," Landry said, "but you can do all that by still meeting all the regulatory requirements by law."
The mine, which is moving 30,000 tons of coal a month, hopes to utilize untouched valleys for the additional material. "You’ve got to have fill areas to do the job right," said Hall.
The informative visit gave Corps staff an opportunity to see the site first-hand. "They seem to have a reasonable project concept," Regulatory Specialist Todd Williams said, "but we will need to go through the process of delineating and verifying any waters on-site before we will know how to proceed."
The Corps’ regulatory branch evaluates permit applications for essentially all work that occurs in "waters of the United States" that are regulated by the Corps pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
"Part of the battle is how do we be good stewards of the environment," Landry said. "You have to think what’s the next use for this area?"