The U.S. Environmental Protection Agency (EPA) Region 4 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). Under the terms of the Consent Decree, Nally will pay a total civil penalty of $660,000 and has agreed to restore three 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 United States before it began work at the two 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 site in Knott County and 1,266 linear feet at the Fugitt Creek Site 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 United States 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.
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 proposed settlement was lodged March 7, 2014 in the U.S. District Court for the Eastern District of Kentucky. The public comment period ended on April 28, 2014, and the consent decree was entered today.
