NMA Digs In: Waters of the United States (WOTUS)

Producing the coal, metals and minerals that are critical to America’s economy and national security takes time, financial and human resources and planning. Obtaining the necessary permits in a timely way is critical to the success of mining projects and the many rural communities they support.
Expanding the role of federal agencies in the oversight of isolated, interstate waters currently preserved and thoroughly protected by state and local governments would detrimentally impact the ability of mining operations to obtain timely permits and meet the nation’s energy and minerals needs.
Reclamation of mine sites also includes waterways and aquatic wildlife habitats. Mitigation and restoration of streams and wetlands after mining has resulted in new and improved fish and wildlife habitat among other benefits.
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Since the CWA prohibits the discharge of pollutants to the waters of the United States without a permit, coal mining operations generally require CWA permits for operation and such permits allow mining operations to be conducted in a manner that is protective of both human health and the aquatic environment.
Mining operations typically require two CWA permits: