
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69063-69064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28383]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-OW-2009-0985; FRL-9224-4]


Extension of the Period for Preparation of the Clean Water Act 
Section 404(c) Final Determination and Consultation Concerning the 
Spruce No. 1 Mine, Logan County, WV

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On September 24, 2010, the EPA Region III Regional 
Administrator signed a Recommended Determination, under Section 404(c) 
of the Clean Water Act, recommending withdrawal of the specification 
embodied in DA Permit No. 199800436-3 (Section 10: Coal River) of 
Pigeonroost Branch and Oldhouse Branch as disposal sites for discharges 
of dredged and/or fill material associated with construction of the 
Spruce No. 1 Surface Mine in Logan County, West Virginia. The 
transmission of the Recommended Determination to

[[Page 69064]]

EPA Headquarters initiated a 60-day period for the Assistant 
Administrator for the Office of Water to review the recommendation of 
the Regional Administrator. As part of this review period, EPA has also 
notified the Department of the Army, the State of West Virginia, Arch 
Coal, Inc. (the permittee), and the landowners of record as to the 
Recommended Determination, and has notified these groups that they have 
15 days in which to notify the Assistant Administrator for the Office 
of Water of their intent to take corrective action to prevent the 
unacceptable adverse impacts to wildlife detailed in the 
recommendation.
    In response, attorneys for the permittee have requested a 30-day 
extension of this consultation period, to November 29, 2010, in order 
to review the Recommended Determination and associated technical 
appendices. Provided in 40 CFR 231.8, EPA may, upon showing of good 
cause, extend the time requirements in the 404(c) regulations. In this 
case, EPA believes it is appropriate to grant the permittee's request 
for a 30-day extension to the consultation process. This extension will 
provide additional time to evaluate any corrective actions proposed by 
the permittee, or other participants in the consultation process 
described in 40 CFR 231.6, that would prevent the likely unacceptable 
adverse effects described in the Recommended Determination. The 
consultation process will therefore expire on November 29, 2010.
    As described above, EPA's 404(c) regulations provide that the 
Assistant Administrator for the Office of Water shall issue a Final 
Determination within 60 days of receiving the Regional Administrator's 
Recommended Determination. This 60-day period is scheduled to expire on 
November 23, 2010. EPA may extend this deadline upon a showing of good 
cause. EPA believes that good cause exists to extend this deadline in 
order to complete the Final Determination by February 22, 2011. This 
extension will permit the Office of Water to more closely evaluate 
Region III's Recommended Determination and the administrative record, 
which includes more than 50,000 public comments. It will also enable 
more careful consideration of any new information that arises during 
the consultation process undertaken pursuant to 40 CFR 231.6, as 
described above. Finally, this date is consistent with an order issued 
by the U.S. District Court for the Southern District of West Virginia 
on November 2, granting a continued stay in litigation over the Spruce 
1 permit until February 22, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. David Evans, Wetlands Division 
Director, Office of Wetlands, Oceans, and Watersheds; U.S. 
Environmental Protection Agency, Mail Code 4502T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Mr. Evans can also be reached via 
electronic mail at Evans.David@epa.gov.

    Dated: November 4, 2010.
Peter S. Silva,
Assistant Administrator, Office of Water.
[FR Doc. 2010-28383 Filed 11-9-10; 8:45 am]
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