NAO-2011-01672

Published Dec. 11, 2012
Expiration date: 1/11/2013

CENAO-WR-R

NAO-2011-01672

 

FEDERAL PUBLIC NOTICE

The District Commander has received a joint application for Federal and State permits as described below:

 

APPLICANT
Lawrence S. Smith

Paramont Coal Company Virginia, LLC

5703 Crutchfield Drive

Norton, VA 24273

 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in Patton Branch and its headwater tributaries, a tributary to Three Forks a tributary to Indian Creek of the Russell Fork, approximately 1.3 miles southeast of Duty, in Buchanan county Virginia.

 

PROPOSED WORK AND PURPOSE:  The applicant proposes to conduct bituminous coal extraction on a proposed surface mine of approximately 570 acres to be known as the Three Forks Surface Mine.  The applicant proposes to fill and excavate waters of the U. S. during mining for the purpose of recovering approximately 750,000 tons of coal from the Big Fork, Kennedy, Aily, Raven, and Tiller coal seams including all necessary support facilities (sediment control, access/haul roads, etc.) providing high quality thermal and primarily bituminous coal to meet current and future contractual.  Approximately 520 linear feet perennial stream channel, 590 linear feet of intermittent stream channel, 730 linear feet of ephemeral stream channel, and 0.19 acres of jurisdictional open water and 0.20 acres of isolated wetlands are proposed to be temporarily impacted by the operation.  Total projected temporary losses of stream Ecological Integrity Units (as determined by the Eastern Kentucky Stream Assessment Protocol) are 1,209.1

 

The applicant incorporates onsite avoidance and minimization efforts to avoid and minimize impacts.  Those efforts include:

1)                  All proposed impacts are temporary,

2)                  No excess spoil valley fills are proposed, and

3)                  All excess spoil will be placed along a proposed upland bench fill. 

 

The applicant proposes to compensate for temporal stream channel impacts with permittee responsible compensation in the form of on-site stream re-establishment and wetland creation and off-site stream rehabilitation.  Off-site rehabilitation is proposed to offset temporal loss of aquatic resource function, and will be conducted in advance of or concurrent with proposed impacts.  The wetland compensation is proposed to provide compensation at 1:1 ratio for emergent wetlands.  The stream compensation is proposed to provide 1,292.5 total projected gains of stream Ecological Integrity Units (as determined by the Eastern Kentucky Stream Assessment Protocol).   This compensation is proposed to include:

1)                  Onsite re-establishment of 1,840 linear feet of stream channel, and

2)                  Offsite rehabilitation of 1,800 linear feet of perennial stream channel.

 

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.  Project drawings are attached.

 

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.

 

FEDERAL EVALUATION OF APPLICATION:  The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest.  The decision will reflect the national concern for both protection and utilization of important resources.  The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments.  All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.  The Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act). 

 

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the direct, indirect, and cumulative impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing.  The District Commander will then decide if a hearing should be held.

 

Preliminary review indicates that:  (l) no environmental impact statement will be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal.  Additional information might change any of these findings. 

 

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers, Virginia Highlands Field Office (ATTN:  Claire Trent), PO Box 1295, Abingdon, Virginia  24212, and should be received by the close of business on January 11, 2013.

 

PRIVACY & CONFIDENTIALITY:  Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers.  Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers.  Submissions should not include any information that the submitter seeks to preserve as confidential.

 

If you have any questions about this project or the permit process, contact

Claire Trent at 276-206-8347 or claire.trent@usace.army.mil.

 

FOR THE DISTRICT COMMANDER:

 

 

 

                                                                        Peter R. Kube

                                                                        Chief, Western Virginia

                                                                        Regulatory Section

 

Attachment (0.88MB): USGS Topographic Map with Project Location, Impacts Map, Mitigation Map, and Conceptual Mitigation Plan