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This excerpt taken from the ACI 10-K filed Mar 1, 2010. Potential
EPA Prohibitions related to water discharges from the Spruce
Permit
By letter of September 3, 2009, the EPA asked the Corps of
Engineers to suspend, revoke or modify the existing permit it
issued in January 2007 to Mingo Logan under Section 404 of
the Clean Water Act, claiming that “new information and
circumstances have arisen which justify reconsideration of the
permit.” By letter of September 30, 2009, the Corps of
Engineers advised the EPA that it would not reconsider its
decision to issue the permit. By letter of October 16,
2009, the EPA advised the Corps that it has “reason to
believe” that the Mingo Logan mine will have
“unacceptable adverse impacts to fish and wildlife
resources” and that it intends to issue a public notice of
a proposed determination to restrict or prohibit discharges of
fill material that already are approved by the Corps’
permit. The EPA has not yet issued that public notice. Mingo
Logan and the EPA continue to engage in discussions as to
modifications to the permit or mine plan that would avoid
further action by the EPA.
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