NWP #21 and other nationwide permits are essential to the mining industry. The mining industry must comply with 23 different environmental laws and regulations. Permitting of new or expanded operations is taking years to obtain the necessary permits. With more than 250 coal permits backlogged at the COE, some for two years or longer, the Corp proposes to eliminate one regulatory tool explicitly designed to avoid regulatory duplication and unnecessary delays. The Corp has failed to provide a plan for how the agency will handle the increased regulatory burden. The COE is simply not prepared to handle the increased workload that will result should NWP #21 be abandoned. The COE has provided no scientific or environmental justification for eliminating the use of NWP #21. Further, the COE has provided no evidence of environmental damage or other public interest reason for eliminating the use of this permit, therefore, it appears the decision is driven by politics and not based on any concern with environmental protection. These type of decisions have an impact. The KY Coal industry employs over 17,000 miners and generates over 50,000 jobs in other areas of support. Ky exports 73% of its coal, bringing in over $3.5 Billion dollars into KY. Around 85 cents on each dollar stays here - wages, benefits, operating expenses, royalties, and taxes. The KY Coal Industry paid over $270.0 Million in severance taxes in 2008 in addition to the normal business taxes paid by all KY companies. The total revenue generated by the KY Coal Industry in 2007 was $4.9 Billion dollars. Almost 95 percent of the electric power in Kentucky is coal-fire generated. Kentucky’s electric power costs, in the industrial sector, ranked the lowest in the nation for the fourth consecutive year. Kentucky’s industrial power costs are over 15% lower than any other state east of the Mississippi River and over a third lower than the U.S. average. As a result of these low cost electric rates KY is the 4th largest automaker, 3rd largest Aluminum producer, and the 3rd largest Stainless Steel Producer in the US. Coal drives KY’s Economic Engine. The Obama Administration promised the American Public to make decisions based on Science. These type of decisions to consider elimination of NWP #21 are not science based they are decisions being made to change our energy policy and make us more dependent on Foreign Energy sources and their leaders. The decisions being made today cannot be made lightly these decisions will determine how and where our children and grandchildren live and what future battlefields they will fight and die on. Surface coal mining our past, present and will continue to be our future.