Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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COALEX STATE INQUIRY REPORT - 218

June 1992

Patrick Park
Division of Environmental Protection
10 McJunkin Drive
Nitro, West Virginia 25143

TOPIC: ARMY CORPS OF ENGINEERS

INQUIRY: Please locate the following Federal Register notices relating to Army Corps of Engineers regulations: November 13, 1986, August 14, 1991 and November 22, 1991.

SEARCH RESULTS: The requested Federal Register notices were retrieved using LEXIS. The summary sections from the notices are repeated below. Copies of the notices are attached.

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51 FR 41206 (NOVEMBER 13, 1986). Final rule for regulatory programs of the Corps of Engineers.

"We are hereby issuing final regulations for the regulatory program of the Corps of Engineers. These regulations consolidate earlier final, interim final, and certain proposed regulations along with numerous changes resulting from the consideration of the public comments received. The major changes include modifications that provide for more efficient and effective management of the decision-making processes, clarifications and modifications of the enforcement procedures, modifications to the nationwide permit program, revision of the permit form, and implementation of special procedures for artificial reefs as required by the National Fishing Enhancement Act of 1984."

56 FR 40446 (AUGUST 14, 1991). Proposed rule and policy statement; request for comments. 1989 "Federal Manual for Identifying and Delineating Jurisdictional Wetlands"; Proposed revisions.

"The Environmental Protection Agency (EPA); Army Corps of Engineers (CE); Department of Agriculture Soil Conservation Service (SCS); and Department of Interior Fish and Wildlife Service (FWA) request public comment on proposed revisions to the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (1989 Manual), an interagency document adopted January 10, 1989. The 1989 Manual provides guidance for identifying and delineating wetlands for various purposes, including determining wetlands under the jurisdiction of the Clean Water Act Section 404 regulatory program.

"As a result of experience gained during the two years since the implementation of the 1989 Manual, the following revisions are proposed."

56 FR 59110 (NOVEMBER 22, 1991). Final rule for nationwide permit program regulations and issue, reissue, and modify nationwide permits.

"The Corps of Engineers is hereby amending its nationwide permit program regulations at 33 CFR part 330. The amendments will simplify and clarify the nationwide permit program and reduce the effort expended in regulating activities with minimal impacts.

"The Corps is also reissuing the existing nationwide permits, some with modifications, issuing 10 new nationwide permits, and adding new conditions to all of the nationwide permits.">

ATTACHMENTS

1. 51 FR 41206 (NOVEMBER 13, 1986). Final rule for regulatory programs of the Corps of Engineers.
2. 56 FR 40446 (AUGUST 14, 1991). Proposed rule and policy statement; request for comments. 1989 "Federal Manual for Identifying and Delineating Jurisdictional Wetlands"; Proposed revisions.
3. 56 FR 59110 (NOVEMBER 22, 1991). Final rule for nationwide permit program regulations and issue, reissue, and modify nationwide permits.

Research conducted by: Joyce Zweben Scall

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