DEP Allows Dana Mining Drainage Work in Greene Co. Without Permit

Pittsburgh Post-Gazette
15 January 2011
By Don Hopey

The state Department of Environmental Protection has agreed to allow Dana Mining to proceed with a plan to drain water from Consol Energy's Humphrey No. 7 deep mine in Greene County without a mining permit.

It's a decision that the U.S. Office of Surface Mining is reviewing and an environmental group, Citizens for Pennsylvania's Future, is criticizing and may appeal.

The DEP announced Thursday that it had entered into a consent order and agreement with Morgantown-based Dana Mining that acknowledges the company is performing mining operations without the required state mining permit, but allows the work to continue while the company applies for an amendment to an existing permit for its 4West mine. That permitting process could take several months.

The consent order states that the bore hole and pump construction work, along the North Branch of Calvin Run in Perry Township, is needed to allow Dana to continue operating its mines in the Sewickley coal seam which employ 500 miners.

The consent order also states that Dana has agreed to pay a civil penalty of $1,000 for each month in which it performs construction work without the permit, starting in January.

The department waived any damage assessment prior to this month because of what it refers to in the consent order as "confusion" about the permitting requirements.

The DEP and Dana entered into the consent order after the Office of Surface Mining, in response to a citizen complaint, issued a 10-day notice of violation to DEP last week.

"We have already called on OSM to conduct an inspection of the site and issue a cessation order," said Kurt Weist, senior attorney for PennFuture, which filed the initial citizens complaint with OSM on Dec. 27. "We told OSM that is the only acceptable outcome."

Mr. Weist has said that Consol would benefit from the project because it would avoid paying to treat the mine water that is pooling in its Humphrey Mine.

OSM, which can step in and overrule the DEP if it determines state and federal mining laws are not being enforced, said in a

statement Friday that it is evaluating DEP's action.

If it agrees with the DEP, it could do nothing. Or, it could issue a cessation order that would halt work. George Reiger, OSM division chief for the Pittsburgh Field Division, which has oversight for Pennsylvania, said there is no deadline for the OSM to make a decision.

Dana Mining plans to pump the water out of the Humphrey Mine and pipe it to the Steele Shaft treatment plant, where it would receive minimal treatment before being discharged in to Dunkard Creek, where a massive fish kill occurred in September 2009.

Dunkard is a tributary of the Monongahela River.

The Steele Shaft facility is operated by AMD Reclamation Inc., a nonprofit affiliate of Dana that was set up in 2003 to provide emergency treatment of water that threatened to break out of the abandoned Shannopin Mine, which operated from 1914 through 1992.

Don Hopey: dhopey@post-gazette.com or 412-263-1983.