[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46582-46583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21792]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

RIN 0710-ZA04


Proposed Suspension and Modification of Nationwide Permit 21

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Notice of public hearings.

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SUMMARY: In the July 15, 2009, issue of the Federal Register (74 FR 
34311) the U.S. Army Corps of Engineers published a proposal to take 
two actions concerning Nationwide Permit 21, which authorizes 
discharges of dredged or fill material into waters of the United States 
for surface coal mining activities. The two proposed actions are to 
suspend NWP 21 to prohibit its use to authorize surface coal mining 
activities in the Appalachian region of Kentucky, Ohio, Pennsylvania, 
Tennessee, Virginia, and West Virginia, and then to modify NWP 21 to 
make that prohibition permanent until NWP 21 expires on March 18, 2012. 
In the July 15, 2009, notice we also offered commenters opportunity to 
request a public hearing. In the August 13, 2009, issue of the Federal 
Register (74 FR 40815), we extended the comment period to September 14, 
2009. We have received several requests to hold public hearings, and 
have determined that hearings would afford us the opportunity to gain 
additional information to assist us in reaching decisions on these two 
proposed actions. Therefore, we will be holding public hearings in each 
of the six affected states. Written comments to supplement the hearing 
records may be submitted until October 26, 2009.

DATES: See SUPPLEMENTARY INFORMATION section for public hearing dates. 
Written comments to supplement the hearing records may be submitted 
until October 26, 2009.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for public hearing 
addresses. Written comments to supplement the hearing records may be 
submitted by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments to supplement the hearing records 
to docket number COE-2009-0032.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (Attn: Ms. 
Desiree Hann), 441 G Street, NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments to supplement the hearing records by hand delivery or 
courier.

FOR FURTHER INFORMATION CONTACT: Ms. Desiree Hann or Mr. David Olson, 
Headquarters, Operations and Regulatory Community of Practice, 
Washington, DC. Ms. Hann can be reached at 202-761-4560 and Mr. Olson 
can be reached at 202-761-4922.

SUPPLEMENTARY INFORMATION: In the July 15, 2009, issue of the Federal 
Register (74 FR 34311) the U.S. Army Corps of Engineers (Corps) 
published a proposal to take two actions concerning Nationwide Permit 
21, which authorizes discharges of dredged or fill material into waters 
of the United States for surface coal mining activities. In the August 
13, 2009, issue of the Federal Register (74 FR 40815) the Corps 
announced the extension of the comment period for those two proposed 
actions to September 14, 2009.
    We have received several requests for public hearings. Most of 
those requests have asked that we conduct six public hearings, one in 
each of the six states proposed to be affected by the suspension and 
modification of NWP 21, including Kentucky, Ohio, Pennsylvania, 
Tennessee, Virginia, and West Virginia. Since we have determined that 
the hearings would likely provide additional information to assist us 
in our decision making for the two proposed actions, we have decided to 
hold six public hearings in cities that are either in or near the 
coalfield regions in each of these six states. The legal authority for 
these hearings is Section 404 of the Clean Water Act (33 U.S.C. 1344).
    The hearings are open to the public. Comments may be submitted in 
person at the hearing or in writing to the Chief of Engineers through 
the methods listed in the ADDRESSES section above. Filing of written 
statements would be helpful and facilitate the job of the court 
reporters. All hearings will be transcribed. Depending on the number of 
people of who wish to speak at each public hearing, the hearing officer 
may impose a time limit for each speaker, so that everyone who wishes 
to speak will be given the opportunity to do so. Each public hearing 
will be held in accordance with the Corps public hearing regulations at 
33 CFR Part 327. Written comments to supplement the hearing records may 
be submitted until October 26, 2009.
    The public hearings will be held on the following dates and at the 
following locations:
    1. Huntington District: October 13, 2009, in Charleston, West 
Virginia at the Charleston Civic Center, Little Theatre. The public 
hearing will start at 7 p.m. Additional information on this public 
hearing will be available at: http://www.lrh.usace.army.mil/permits/publicnotices/wv/.
    2. Huntington District: October 15, 2009, in Cambridge, Ohio at the 
Pritchard Laughlin Civic Center. The public hearing will start at 7 
p.m. Additional information on this public hearing will be available 
at: http://www.lrh.usace.army.mil/permits/publicnotices/oh/.
    3. Louisville District: October 13, 2009, in Pikeville, Kentucky at 
the East Kentucky Expo Center. The public hearing will start at 7 p.m. 
Additional information on this public hearing will be available at: 
http://www.lrl.usace.army.mil/.
    4. Nashville District: October 13, 2009, in Knoxville, Tennessee. 
The public hearing will start at 7 p.m. Additional information on this 
public hearing will be available at: http://www.lrn.usace.army.mil/cof/special_notices.htm.
    5. Pittsburgh District: October 15, 2009, in Pittsburgh, 
Pennsylvania. The public hearing will start at 7 p.m. Additional 
information on this public hearing will be available at: http://www.lrp.usace.army.mil/or/or-f/public_notice.htm.
    6. Norfolk District: October 15, 2009, in Big Stone Gap, Virginia 
at Mountain Empire Community College. The public hearing will start at 
7 p.m. Additional information on this public hearing will be available 
at: http://www.nao.usace.army.mil/technical%20services/Regulatory%20branch/PN/PN.asp.
    Specific information for each public hearing, including the 
addresses of the

[[Page 46583]]

hearing locations, will be posted on the district Web sites listed 
above.

    Dated: September 3, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-21792 Filed 9-9-09; 8:45 am]
BILLING CODE 3710-92-P