PHILADELPHIA (July 27, 2010) - Today, the U.S. Army Corps of Engineers (Corps) issued a final Clean Water Act permit to Coal-Mac Incorporated for the Pine Creek Surface Mine plan in Logan County, West Virginia.
Consistent with the Clean Water Act and the recent E.P.A. guidance on mountain top mining, the Agency's consultation with the Company and the Corps led to significant changes to the permit that will reduce potential adverse impacts to water quality and avoid significant degradation of the aquatic ecosystems in the Pine Creek watershed. The key changes include reductions to stream impacts, protection of water quality through a strict conductivity level, enhanced mitigation and restoration, and reduction of cumulative impacts. E.P.A. also reached an arrangement with the company related to sequencing of valley fill construction. The company may only proceed with the 1st valley fill and any additional valley fills will have to be evaluated individually as part of the agreement. If E.P.A. and the Corps find that any of the valley fills are adversely impacting water quality, we will not approve additional mining at the site. The company agreed to meet all conditions presented by the Agency.
Key changes and special permit conditions obtained by E.P.A. and consistent with April onest Guidance include:
Reduce Stream Impacts: The original mine project suggested to have the full mine area disturbed and all 3 suggested valley fills under construction within twelve to 18 months of commencing operations. E.P.A. worked with the company to reduce stream impacts significantly.
Protect Water Quality: E.P.A. worked with the Corps and company to ensure mining related conductivity (a measure of salinity) remains at levels that will not cause or contribute to degradation to water quality or streamlife. Extensive chemical and biological stream monitoring is required to demonstrate that conductivity remains below acceptable levels, set in the E.P.A. guidance, before the Corps and E.P.A. will approve additional mining. If this condition is not achieved, Coal-Mac is not authorized to proceed with the construction of the next valley fill.
Sequencing Valley Fill: E.P.A. reached an arrangement to sequence valley fill construction so that no new mining is approved by the Corps and E.P.A. unless it is demonstrated that water quality requirements are being met and public health is being protected.
Enhance Mitigation: Coal-Mac suggested on-site stream restoration and creation of 40,000-plus linear feet of stream. The project includes a significant monitoring project and benchmarks for success, an adaptive management project that provides back up projects if the plans are unsuccessful. It also includes upfront financial assurances. The applicant's benchmarks of success include biological, chemical and physical measures that are intended to replace the lost functions within the immediate watershed. E.P.A. believes the suggested mitigation is consistent with Clean Water Act regulations.
Avoid Cumulative Impacts: To address cumulative impacts, Coal-Mac has offered to deed-restrict 3 areas previously permitted to be filled on the Phoenix No. five Surface Mine operation, where 5 valley fills were authorized. 2 valley fills have been constructed and Coal-Mac will deed-restrict the three-remaining unfilled sites. Those areas will not be subject to filling now or in the future. This is an avoidance of impacts to 3,900 linear feet of stream channel.
E.P.A. has committed to use its Clean Water Act regulatory authorities to enhance protections for the public by reducing environmental and water quality impacts associated with coal mining. The enhancements to this permit demonstrate once again that the health, waters and environment of coalfield communities can be protected while also preserving the jobs and economic benefits. E.P.A. will continue to coordinate with the mining community, the public, and other state and federal partners in the review of suggested surface coal mines in West Virginia, Ohio, Pennsylvania, Virginia, Kentucky, and Tennessee.
