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GAO-11-101R 1 (2010-10-19)

handle is hein.gao/gaobaanvb0001 and id is 1 raw text is: ~G A 0 A o bintbihty I integrity I ReailiWty United States Government Accountability Office Washington, DC 20548 October 19, 2010 The Honorable Nick J. Rahall, II Chairman Committee on Natural Resources House of Representatives Subject: Surface Coal Mining: Information on Clean Water Act Section 404 Permit Reviews under Enhanced Coordination Procedures in Appalachia, Focusing on West Virginia Dear Mr. Chairman: In 2009, West Virginia accounted for about 43 percent of the surface coal mining production in Appalachia.' Surface coal mining in the mountainous areas of Appalachia-a process often referred to as mountaintop mining-has generated opposition in recent years because of its impact on landscapes, streams, ecosystems, and communities. In mountaintop mining, before the underlying coal can be extracted, the land is cleared of forest and other vegetation. Explosives or other techniques are then used to break up the overlying solid rock, creating dislodged earth, rock, and other materials known as spoil. Some or most of the spoil is placed back on the mined-out area; however, spoil that cannot be safely placed back is often placed as fill in adjacent valleys or hollows. In some cases, this fill buries the headwaters of streams.2 Activities associated with surface coal mining are regulated under both the Surface Mining Control and Reclamation Act (SMCRA) and the Clean Water Act (CWA).3 SMCRA requires mine operators to obtain a permit before they begin mining. In West Virginia, the West Virginia Department of Environmental 'Surface coal mining production in Appalachia also includes areas in Alabama, Kentucky, Maryland, Ohio, Pennsylvania, Tennessee, and Virginia. 2For additional information on surface coal mining in Appalachia, see GAO, Surface Coal Mining: Characteristics of Mining in Mountainous Areas of Kentucky and West Virginia, GAO-10-21 (Washington, D.C.: Dec. 9, 2009) and GAO, Surface Coal Mining: Financial Assurances for, and Long-Term Oversight of, Mines with Valley Fills in Four Appalachian States, GAO-10-206 (Washington, D.C.: Jan. 14, 2010). 3Surface Mining Control and Reclamation Act, 30 U.S.C. §§ 1201-1328 (2006); Clean Water Act, 33 U.S.C. §§ 1251-1387 (2006). GAO-11-101R EPA and the Corps' Review of Section 404 Permits PagelI

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