Public hearings seek comment on Appalachian region Nationwide Permit 21 proposals

Posted September 15, 2009
By Norfolk District Public Affairs

9/15/2009 - NORFOLK, Va. — The U.S. Army Corps of Engineers, or USACE, announced Sept. 10, that it will hold six public hearings throughout the Appalachian region Oct.13-15, to seek public comments on two proposals related to the use of Nationwide Permit 21.

NWP 21 authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities.

In Virginia, The Corps' Norfolk District will conduct its public hearing 7 p.m., Oct. 15, at the Mountain Empire Community College (Goodloe Center) in Big Stone Gap, Va. Registration starts at 6 p.m.

Other Appalachian region states conducting public hearings include Kentucky, Ohio, Pennsylvania, Tennessee and West Virginia.

The first proposal is to modify NWP 21 to prohibit its use in the Appalachian region. In the absence of NWP 21, an applicant would obtain an individual permit for surface coal mining projects. An individual permit includes increased public and agency involvement in the permit review process, including an opportunity for public comment on individual projects.

The second proposal is to suspend NWP 21 while USACE evaluates comments received on the proposed modification of NWP 21. The decision on whether to suspend NWP 21 is made after the public hearings are held and comments received on the proposed suspension are considered. If NWP 21 were suspended during this interim period, an applicant would obtain an individual permit for surface coal mining projects.

The use of NWP 21 for surface coal mining activities in other regions of the country is not affected by these proposals.

In addition to comments received through the scheduled public hearings, written comments on the two proposals will be accepted through Oct. 26, to supplement the hearing records. Written comments may be submitted at the public hearings; online at www.regulations.gov under docket number COE-2009-0032; or mailed to the U.S. Army Corps of Engineers, Attention: CECW-CO—Ms. Desiree Hann, 441 G Street N.W., Washington, D.C. 20314. Email or faxed comments will not be accepted.

In an effort to conserve and eliminate duplication of viewpoints or facts presented, groups with common interests are encouraged to consolidate their comments for presentation by a representative spokesperson, said USACE officials.

"These public hearings are being conducted to ensure that every effort is made to identify and consider all beneficial and adverse effects of the proposals to modify or suspend NWP 21," stressed USACE officials.

For more information regarding location, times, requirements or issues directly associated with the Virginia public hearing, contact Ms. Annette Poore at 276-623-5259, email: Annette.J.Poore@usace.army.mil .