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

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

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

AGENCY: U.S. Environmental Protection Agency (EPA), U.S. Army Corps of

Engineers (Corps), Office of Surface Mining (OSM), and U.S. Fish and

Wildlife Service (FWS).

ACTION: Notice of intent to prepare an environmental impact statement.

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PURPOSE: The EPA, Corps, OSM, and FWS, in accordance with Section

102(2)(c) of the National Environmental Policy Act (NEPA), 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 2-4 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, [email protected]; telephone: 215-814-2995.

Requests to be placed on the mailing list should also be sent to this

address.

FOR FURTHER INFORMATION AND CONTACTS: 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 U.S. 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 coal field

states (except Tennessee) also implement delegated SMCRA authority.

Discharge of fill material into U.S. waters is regulated under Sec. 404

of the Clean Water Act, with permit responsibility administered by the

U.S. Army Corps of Engineers and applicable 404 regulations issued by

the Corps and EPA. Other discharges to U.S. waters are subject to Sec.

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, COE, 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,

[[Page 5831]]

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 overburden;

measures to minimize stream filling to the meximum extent practicable;

and the effectiveness of mitigation and reclamation measures. The EIS

is expected to take two years to complete.

Dated: February 2, 1999.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 99-2814 Filed 2-4-99; 8:45 am]

BILLING CODE 4310-05-M