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Blair Mountain Programmatic Agreement

Published July 12, 2013
Expiration date: 8/11/2013

PUBLIC NOTICE: The purpose of this Public Notice is to identify consulting parties who would be interested in assisting with the development of a Programmatic Agreement (PA) that would govern the implementation of the United States Army Corps of Engineers’ (Corps) responsibilities under Section 106 of the National Historic Preservation Act (NHPA) for undertakings that may affect the Blair Mountain Battlefield, a historic property.  The scope of the proposed PA would be limited to requests for Department of the Army (DA) authorizations submitted by the three applicants listed below for projects that would be subject to the Corps’ regulatory authorities under Section 10 of the Rivers and Harbors Act (RHA) of 1899 and Section 404 of the Clean Water Act (CWA).



5260 Irwin Road

Huntington, WV 25705-3247

Aracoma Coal Company, Inc.

c/o Alpha Natural Resources

300 Running Right Way

Julian, WV 25529

Mingo Logan Coal Company 300 Corporate Centre Drive Scott Depot, WV 25560

CORPS’ REGULATORY AUTHORITIES:  The Corps is directed by Congress under Section 10 of the RHA of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition or capacity of navigable waters of the United States (U.S.).  The Corps is directed by Congress under Section 404 of the CWA (33 USC 1344) to regulate the discharge of dredged and fill material into all waters of the U.S., including wetlands.


HISTORIC PROPERTY CONSIDERATIONS:  Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic properties.  The issuance of any permit under the Corps’ regulatory authorities constitutes an undertaking.  As such, the Corps, a Federal agency, must consider the effects of the issuance of any DA permit on historic properties.  In fulfilling this obligation, the Corps follows the procedures set out in 33CFR325, Appendix C (Procedures for the Protection of Historic Properties) and 36 CFR 800 (Protection of Historic Properties), and other interim guidance documents.


PROGRAMMATIC AGREEMENT:  The Blair Mountain Battlefield is an approximate 1700-acre district located in Logan County, West Virginia.  The Keeper of the National Register of Historic Places has determined the Blair Mountain Battlefield is eligible for listing on the National Register of Historic Places.  The applicants have requested the Corps negotiate a PA in accordance with 33 CFR 800.14 for activities that meet all three of the following criteria:

a)      the activity is proposed by one or more of the applicants listed above;

b)      the activity would require DA authorization; and

c)      the activity may affect the Blair Mountain Battlefield. 


This PA would describe the procedures that would be followed to implement Section 106 of the NHPA for any Corps undertaking that meets all three of the criteria listed above.  The purpose of the PA would be to establish a program for consultation, review and compliance with Section 106 of the NHPA when agreed upon criteria are met and procedures are followed. 


CONSULTING PARTY REQUEST:  The purpose of this Public Notice is to identify consulting parties who would be interested in assisting with the development of the PA.  If you would like to be a consulting party involved in the development of the PA for the Blair Mountain Battlefield, please submit your request to the following address before the closing date on this notice:

                        U.S. Army Corps of Engineers

                        ATTN: CELRH-RD-E, Blair Mountain PA

                        502 8th Street

                        Huntington, West Virginia 25701-2070


Please note, the names and addresses of those who submit comments in response to this Public

Notice will become part of our administrative record. 


ADDITIONAL INFORMATION:  As noted previously, the PA would be limited to activities proposed by the applicants listed above for projects that would require a DA authorization under the regulatory authorities listed above. The PA would not address any actions proposed by other applicants.  The PA would only cover actions regulated by the Corps under the authorities described above.  Activities beyond the scope of the Corps’ regulatory authorities would not be addressed in the PA.  The PA would only be applicable to the Blair Mountain Battlefield and would not address any additional historic properties.  Any additional historic properties would be considered during the Corps review for a specific undertaking.  The negotiation and approval of the PA would not guarantee issuance of any DA permit for any specific undertaking.  All DA permit applications would be independently reviewed in accordance with the regulations, procedures and requirements of the Corps Regulatory Program. 


Thank you for your interest in our nation's water resources.  If you have any questions concerning this public notice, please contact Ms. Susan A. Porter by phone at 304-399-5610 or by email at Susan.A.Porter@usace.army.mil.