West Virginians Comment on Coal Mining Stream Protection Rule

The State Journal
3 August 2010
By Pam Kasey

MORGANTOWN -- West Virginians interested in the rules governing surface mining recently attended open houses hosted by the federal Office of Surface Mining Reclamation and Enforcement in Beckley and in Morgantown.

“I think the forum is really good,” said Morgantown resident Rich Dennis of the format, which encouraged self-education and written comments rather than opinions expressed before an audience. “I’ve been to some public forums that tend to be raucous. This is much more accessible.”

About 60 people signed in at each of the open houses, two of nine the OSM held nationwide to gather input toward an environmental impact statement that will in turn inform a 2012 Stream Protection Rule governing the effects of coal mining on waterways.

The rulemaking comes in response to the Obama administration’s stated intention to revisit the Reagan-era Stream Buffer Zone rule that was modified at the end of the Bush administration.

But it also responds to larger concerns about water quality impacts of surface mining and about the processes followed by and roles played by OSM, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers in reviewing mining permits.

Principal Elements


Posters at the open houses detailed 11 principal elements of the proposed action. They include requiring coal companies to gather more extensive baseline data on proposed mining sites and establishing a definition for the term “material damage” downstream from mines.

They also include adding monitoring requirements for surface and ground water and aquatic biology, and using monitoring results to establish discharge thresholds for corrective action.

For each principal element, participants’ opinions were sought on possible alternatives.

A principal element that would require mining companies to reforest previously wooded areas, for example, could require reforesting to pre-mining diversity, planting native species and minimizing forest fragmentation.

Attendees


Attending during the middle hours of the 3-8 p.m. July 28 open house in Morgantown were three families that each spent at least 45 minutes reviewing the posters and talking with presenters.

Rich and Bettina Dennis took their sons Tristan, 14, and Liam, 11, to learn about and comment on the rule changes. All members of the family expressed opposition to mountaintop removal mining, and Rich Dennis said they would submit comments via e-mail.

Betsy and Stephen Lawson, who live in a heavily surface-mined section of Monongalia County, said they felt the presentation was very technical.

“I know dirty water when I see it, but I don’t know what suspended solids are in it,” said Stephen Lawson. “What kind of useful input can I have other than, the fewer permits there are and the more stringent they are, the better?”

Betsy Lawson liked the fact that OSM is considering impacts not only to water quality but to aquatic communities, as well.

Still, she said, “I’d like to see the end of strip mining altogether.”

She submitted extensive written comments.

Curtis “Oro” Hutson and his wife, Paula, attended the Morgantown session from Deep Creek Lake, Md.

“This is great for what it’s worth, keeping the water quality we have,” said Curtis Hutson, who in the past drove a truck for a coal industry contractor. “Hardwood reforestation would be a major step in the right direction.”

Attending the Morgantown session at the same time was a coal industry executive who preferred not to comment.

But the coal support group Federation for American Coal, Energy and Security (FACES of Coal) posted a statement on its website: “OSM should be focused first and foremost on the stability of mining fills, but is elevating the avoidance of streams above all other concerns.”

Outcome


Holmes said the OSM saw the events as successful.

“What we’re finding is that the level of detail that people gave us in their written responses shows that they were fully engaged and they took time to look very carefully at these things,” he said. “This open house process worked as we hoped it would.”

The nine open houses generated 453 individual comments by the July 30 deadline, while the OSM Web site logged about 19,000 comments, according to Holmes.

OSM expects to generate a draft EIS by February 2011 that will be subject to another round of public comment.