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Section 404 of the Clean Water Act

Spruce No. 1 Surface Mine

You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.On March 23, 2012, the Federal District Court for the District of Columbia set aside the EPA's January 13, 2011 Final Determination of the Assistant Administrator for Water Pursuant to Section 404(c) of the Clean Water Act Concerning the Spruce No. 1 Mine, Logan County, WV.  

On January 13, 2011, after extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, EPA announced that it would use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company’s Spruce No. 1 coal mine.     

Background Information