Operators seeking a permit for a mine can now apply for a nationwide permit, designed for mines which will have minimal environmental impact, or obtain an individual permit in a more lengthy procedure with the Environmental Protection Agency and the Army Corps.
“The NWP 21 for surface coal mining activities is revised to impose new limits on stream impacts that may be authorized, consistent with the other NWPs and prohibits valley fills under this NWP,” the USACE said in February when the new plan was announced.
Officials said the updated process was put in place as a result of public feedback, and it leveraged important flexibilities while taking steps to protect wetlands.
Mining operations are capped at 300 linear feet of stream coverage, but local corps officials can now waive the limit if the project is deemed to have minimal impact.
The USACE said updated permits would only be necessary for new or expanded activities.
“Operators that relied upon previously verified surface coal mining authorizations but have not yet completed work in waters of the US, may request re-verification under the 2012 NWP 21 of all previously authorized activities,” the agency said.
The USACE used NWP 21 for some time in central Appalachia to approve valley fills for mountaintop removal mines instead of performing reviews of permits on an individual basis. It has historically been panned by environmentalists, who call the nationwide permits rubber stamps because they do not feel federal officials give enough attention and scrutiny to potential permits.
USACE Louisville, Kentucky regulatory branch chief Jim Townsend disagreed with the sentiment, according to news station WFPL, noting the restrictions are being changed due to mining’s cumulative effects in some areas.
“The corps is always looking to make adjustments to these permits, and if we feel like, due to the impacts that we’ve issued in the past, if we’re looking at those and feel like okay, we need to put further limits on these nationwide permits to ensure that we have minimal impact, that’s what happens. And that’s what happened in this case,” he was quoted in the radio’s written report.
