E.P.A. Requires Mining Company to Restore Damaged Streams in Kentucky

ATLANTA - The E.P.A. (EPA) Region four has reached an arrangement with Nally and Hamilton Enterprises, Incorporated (Nally), for filling streams at 2 coal mining sites in Kentucky in violation of the Clean Water Act (CWA). Under the terms of the Consent Decree, Nally will pay a total civil penalty of $660,000 and has agreed to restore 3 streams impacted during unauthorized coal mining activities.

Nally failed to obtain the necessary permit from the U.S. Army Corps of Engineers to place fill material into waters of the U.S. before it began work at the 2 coal mining sites. Nally's operations are estimated to have adversely affected approximately 6,301 linear feet of waters, including 5,035 linear feet at the Doty Creek location in Knott Co. and 1,266 linear feet at the Fugitt Creek Location in Harlan County. The fill material Nally used remains in place today.

Under the Consent Decree, Nally will restore 7,611 linear feet of waters of the U.S. at the 2 mining locations. After restoration is complete, Nally will monitor the restored streams and submit yearly monitoring reports to the E.P.A. detailing the success of the restoration activities.

Congress enacted the CWA in 1972 to protect the nation's rivers, lakes, streams and wetlands. The CWA requires anyone who wishes to discharge pollutants, including dredged or fill material, into any of these protected waters to obtain a permit.

The suggested settlement was lodged March 7, 2014 in the U.S. District Court for the Eastern District of Kentucky. The public review period ended on April 28, 2014, and the consent decree was entered today.

More information about CWA Section 404 permitting requirements and enforcement: http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/index.cfm

Connect with E.P.A. Region four on Facebook: www.facebook.com/eparegion4

And on Twitter: @EPASoutheast

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