Stop Order Issued for Calvin Run Work

Washington PA  Observer Reporter
19 January 2011
By Bob Niedbala, Staff writer
niedbala@observer-reporter.com

The federal Office of Surface Mining issued a cessation order Tuesday halting a project by AMD Reclamation Inc. and Dana Mining Co. to drill boreholes into the Humphrey Mine at Calvin Run to pump mine water to AMD's treatment plant.

OSM determined the operation, which would allow Dana to pump additional mine water to the Steele Shaft plant, constitutes "mining without a permit," said Chris Holmes, OSM spokesman.

DEP made the same determination last week in its response to a 10-day notice of violation issued by OSM Dec. 29 questioning why the project was allowed to proceed without a mining permit.

In its response to OSM, DEP agreed the work constituted mining activities for which a permit was required. In a consent agreement between DEP and Dana, included with the response, DEP also said it would allow Dana to continue work while it applied for the permit.

OSM, however, said the project should be halted until a permit is issued. Allowing it to proceed without a permit would "constitute a circumvention of the approved Pennsylvania permitting process," Holmes said.

Allowing work to continue also assumes a permit will be granted even though a proper evaluation of the project has not yet been done, he said.

Dana is mining Sewickley seam coal above the Pittsburgh seam formerly mined by the Shannopin and Humphrey mines. Its mining operations have moved to an area at which it needs to lower the pool in Humphrey to continue mining.

DEP had issued a permit revision in November 2009 for the Calvin Run project. In February, however, DEP agreed to revoke the permit revision after PennFuture and Friends of Dunkard Creek filed an appeal questioning among other things DEP's failure to provide public notice of the permit revision application.

Though no new mining permits were approved by DEP for the project, the construction of a water line and the drilling of the boreholes began late September.

When work at the site was observed late last month, PennFuture and Friends of Dunkard Creek filed a citizens complaint with OSM, an action resulting in the issuance of the 10-day notice.

DEP had wanted to allow the company to continue work at the site because, it said in its response to OSM, halting the project would jeopardize operations at Dana's 4 West Mine. In addition, DEP said Dana believed, based on discussions with DEP, it had the necessary permits.

A Dana spokesman could not be reached Tuesday for comment.

Sandy Liebhold, president of Friends of Dunkard Creek, said he was happy with OSM's action. "It gives me faith in the system that OSM made the right move," Liebhold said.

When Friends and PennFuture settled the appeal resulting in the revocation of the permit in February, it believed DEP agreed it had not followed the correct procedure in issuing the permit.

The agency failed not only to issue a public notice and receive public comment but also to address impacts to Dunkard Creek, he said. A few months later, DEP then simply told Dana it could do the work without a permit, he said. DEP, apparently, "never got the message," he said.

Though happy with OSM's decision, Liebhold said the matter regarding Steele Shaft and the pumping of water from the Humphrey Mine remain unresolved.

The Steele Shaft plant was built to prevent a breakout from Shannopin Mine. It cannot treat for total dissolved solids and was allowed to discharge water under less restrictive standards because of the threatened breakout at Shannopin.

No similar threat exists at Humphrey, the water from which is now being treated by Consol Energy at a plant in West Virginia.

Friends and PennFuture maintain Calvin Run was only being developed so Dana could mine coal above the Humphrey Mine. They also say the project increases the flow of minimally-treated mine water from Steele Shaft into Dunkard Creek.

Dana has the right to appeal OSM's cessation order to the Interior Board of Land Appeals.