PRB Challenges -- Regulatory Issues
• Section 404 Water Permit
– Section 404 of the Clean Water Act regulates the discharge of dredged, excavated,
or fill material in wetlands, streams, rivers, and other U.S. waters.
– Like the East, the 404 issue will affect the PRB.
– The Nationwide Permit 21 will likely expire requiring individual permits for wetlands
that are jurisdictional.
• Stream Buffer Zone
– Stream avoidance could significantly impact PRB.
– OSM has stated that this rule will affect future amendments and leases.
• Sage Grouse
– The Sage Grouse has been listed under the Endangered Species Act as “warranted
but precluded” meaning that this will be revisited next June.
– This listing could significantly impact mining and other development.
– Industry is responding by working on Candidate Conservation Agreements with
Assurances (CCAA). This will provide conservation measures for protection of the
bird and its habitat allowing mining operations to continue .
• Air Quality
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