Laserfiche WebLink
NATIONWIDE PERNIIT 21 <br />SURFACE COAL MINING ACTIVTTiF.S <br />(Sections 10 and 404) <br />The Corps of Engineers has issued a nationwide general permit authorizing activities <br />associated with surface coal mining activities provided they are authorized by the <br />Department of the Interior, Office Surface Mining, or by states with approved programs <br />under Title V of the Surface Mining Control and Reclamation Act of 1977 and provided the <br />permitte~e notifies the District Engineer in accordance with the "Notification" general <br />condition. For discharges in special aquatic sites, including wetlands, the notification must <br />also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 <br />CFR 330.1{e}). <br />A. GENERAL CONDITIONS. The following general conditions must be followed in order <br />for any authorization by a nationwide permit to be valid: <br />1. No activity may cause more than a minimal adverse effect on navigation. <br />2. Any structure or fill authorized shall be properly maintained, including <br />maintenance to ensure public safety. <br />3. Appropriate erosion and siltation controls must be used and maintained effective <br />operating condition during construction, and all exposed soil and other fills must be <br />permanently stabilized at the earliest practicable date. <br />4. No activity may substantially disrupt the movement of those species of aquatic <br />life indigenous to the waterbody, including those species which normally migrate through the <br />area, unless the activity's pnmary purpose rs to impound water. <br />5. Heavy equipment working in wetlands must be placed on mats of other measures <br />must be taken to minimize soil disturbance. <br />6. The activity must comply with any regional conditions which may have been <br />added by the Division Engineer (see 33 CFR 330.4{e}) and any case specific conditions <br />added by the Corps. <br />7. No activity may occur in a component of the National Wild and Scenic River <br />System; or in a river officially designated by Congress as a "study river" for possible <br />inclusion in the system, while the river is in an official study status. Information on Wild <br />and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest <br />Service. <br />8. No activity or its operation may impair reserved tribal rights, including, but not <br />limited to, reserved water rights and treaty fishing and hunting rights. <br />9. In certain states, an individual state water quality certification must be obtained or <br />waived. IN CALIFORNIA, CERTIFICATION IS RF.QUIRID. In Nevada, certification <br />is required in Truckee and Carson River Drainages. In Utah and Colorado, certification <br />is NOT required. <br />• <br />