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EPA requires mining company to restore streams in Kentucky

World Coal,

The US Environmental Protection Agency (EPA) has reached an agreement with Nally and Hamilton Enterprises, Inc. (Nally), for filling streams at two coal mining sites in Kentucky in violation of the Clean Water Act (CWA).

Unauthorised mining

Under the terms of the Consent Decree, Nally will pay a total civil penalty of US$ 660 000 and has agreed to restore three streams impacted during unauthorised coal mining activities.

Nally failed to obtain the necessary permit from the US Army Corps of Engineers to place fill material into waters before it began work at the two coal mining sites. Nally’s operations are estimated to have adversely affected approximately 6301 linear ft of waters, including 5035 linear ft at the Doty Creek site in Knott County and 1266 linear ft at the Fugitt Creek Site in Harlan County.

Restoration activities

Under the Consent Decree, Nally will restore 7611 linear ft of waters at the two mining locations. After restoration is complete, Nally will monitor the restored streams and submit annual monitoring reports to the EPA detailing the success of the restoration activities.

The proposed settlement was lodged on 7 March 2014 in the US District Court for the Eastern District of Kentucky.

Adapted from press release by Katie Woodward

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