Surface Coal Mining Activities Enhanced Coordination Procedures - Project List

This page provides updates and background information regarding Clean Water Act Section 404 and Mining Activities and Permits subject to the Enhanced Coordination Procedures under the June 11, 2009 Memorandum of Agreement.

Detailed Project Information under the Surface Coal Mining MOU Enhanced Coordination Procedures (ECP) (set aside per October 6, 2011 court ruling)

On October 6, 2011, the Federal District Court for the District of Columbia set aside the Enhanced Coordination Procedures (ECP) developed by the Department of the Army and the Environmental Protection Agency to expedite review of 79 pending Appalachian surface coal mining permit applications. Corps Districts and the EPA Regions in Appalachia have all ceased using the ECP as of the date of the District Court's decision. It is important to note that while the court invalidated the ECP. the decision docs not affect any statutory or regulatory requirements established under the Clean Water Act, including the Corps' and the EPA's Section 404 permitting regulations. A memorandum was transmitted to Corps Districts on November 16, 2011, signed by Assistant Secretary of the Army Jo-Ellen Darcy, clarifying on the roles of both agencies moving forward. This memo was also transmitted to the EPA Regional Offices by Acting Assistant Administrator Nancy Stoner.