US Army Corps of Engineers
Albuquerque District Website

SPA-2012-253-ABQ *Extended*

Published July 27, 2012
Expiration date: 11/1/2012

In response to requests for an extension of the scoping period, the comment period for this public notice has been extended to November 1, 2012

Application Number: SPA-2012-00253-ABQ

Date: July 27, 2012

Comments Due: November 1, 2012


SUBJECT: The U.S. Army Corps of Engineers, Albuquerque District (USACE) is evaluating an Individual Permit (IP) application to implement the proposed Pinabete Mine Plan for portions of Area 4 North and Area 4 South within the BHP Navajo Coal Company’s (BNCC) Navajo Mine Lease. The mine plan would result in impacts to approximately 5.0 acres of waters of the United States (WUS) adjacent to Cottonwood and Pinabete Arroyos. This notice is to inform interested parties of the proposed activity and to solicit comments. Click here to review the entire Public Notice (with attachments).

AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in WUS.


Patrick Risner, General Manager, Navajo Mine
BHP Navajo Coal Company
PO Box 1717
Fruitland, NM 87416

LOCATION: The proposed Clean Water Act 404 IP permit area is located on or near Cottonwood and Pinabete Arroyos, Section 26 Township 26N, Range 16W, Latitude (NAD 83) 36.469°, Longitude -108.511°, San Juan County, New Mexico.


In the event BNCC and Arizona Public Service Company (APS) execute a new coal supply agreement to supply coal to the Four Corners Power Plant (FCPP) following the July 6, 2016 expiration of the existing coal supply agreement, BNCC plans to extend its mining operations on its mining lease, in portions of Area 4 North and into portions of Area 4 South, in order to supply coal to FCPP for approximately 25 years beginning in or about July, 2016. BNCC’s Pinabete Mine Plan is expected to involve certain federal actions, including: (a) approval from the Office of Surface Mining Reclamation and Enforcement (OSM) for a new Surface Mining Control and Reclamation Act (SMCRA) permit; (b) approval from the Bureau of Land Management (BLM) for a revised Resource Recovery and Protection Plan (R2P2) for the maximum economic recovery of coal reserves within the Pinabete Mine Plan boundary; (c) approval of a Section 404 IP from the U.S. Army Corps of Engineers for unavoidable impacts to jurisdictional WUS; (d) approval of a Section 402 National Pollutant Discharge Elimination System (NPDES) permit or permit revision from United States Environmental Protection Agency (USEPA); and (e) approval from the Bureau of Indian Affairs (BIA) of the relocation of a portion of the Burnham Road through portions of Area 4 North and Area 4 South.