Corps of Engineers Suspends Nationwide Permit 21 in Central Appalachia

    On June 17, 2010, the Corps announced that it was suspending the use of Nationwide Permit No. 21 for use in portions of six Appalachian states. For those already holding verified NWP 21 authorizations, work can continue through March 2012. 

The announcement comes as no surprise to the coal industry. By Memorandum of Understanding  among the Departments of the Army, Interior and EPA dated June 11, 2009, the Corps agreed that it would issue a public notice proposing to modify Nationwide Permit 21 to preclude its use to discharge fill material into streams for surface coal mining activities in the Appalachian region. The June 17, 2010 announcement is simply the culmination of that process. Attached are the June 17 public announcement and the Corps' Q & A, which answers some general questions about the timing and impact of the announcement on existing authorizations and permit applications.

 

This article was authored by Robert G. McLusky, Jackson Kelly PLLC. For more information on the author see here.