Thank you, Margaret. I wondered why those lists starting showing up in the Corps mailings.

Margaret Janes wrote:

Hi Regina - Once we get through the oral arguments in the 4th circuit it will be several months to the decision - perhaps early 2009. Until that time WVDEP will issued SMCRA and NPDES permits - Chambers decision will have no direct influence on that. In order to start mining, however, companies generally will need to build sediment ponds first and they can't do that without a 404 permit. At this point because a few months ago Judge Chambers ordered the Corps to notify us immediately if they issue permits - we know what is issued pretty much in real time. You may also have noticed that the Corps is now issuing weekly notices on what individual permits they are issuing (after violating regulations on notification for many years). So if the Corps issues permits between now and the decision we could add them to the Chambers case. There are now 14 mines involved in the case in one way or the other. Margaret

-----Original Message----- From: Regina Hendrix [mailto:regina1936@verizon.net] Sent: Sunday, July 27, 2008 3:22 PM To: Margaret Janes Cc: All of FOM list; ec@osenergy.org Subject: USACE Pub. Notice 2007-134-GAU

Margaret, I just got the Corps' notice on a project at the Muddlety Surface Mine No. 1, pending permit number S-3004-07, in Nicholas County on Muddlety Creek, a tributary of the Gauley. They also reference the NPDES Permit WV1022229. Every time I get one of these notices I'm traumatized.

I've added the FOM list and Sierra Club's energy committee as cc's because I'm probably not the only one who'd like an update on our case in the 4th Circuit.

Also, I'm hoping you will give us a short update on where this project on the Gauley stands, i.e., is this project on hold until we get a decision in the 4th Circuit? (They mention proposed Valley Fills 1 and 2.) In this instance would the NPDES permit be on hold also?

Thanks, once again, for sharing your knowledge of these proposed and accomplished criminal acts.

Regina Hendrix