Sierra Club Wins Stay at New Hill Site

State board will hear case for area mine permit in December

Morgantown Dominion Post
21 November 2010
By David Beard

The Sierra Club has succeeded in obtaining a stay on the issuance of Patriot Mining Co.’s water discharge permit for its New Hill surface mine expansion.

The state Environmental Quality Board (EQB) voted 4-1 to grant the stay of the National Pollution Discharge Elimination System (NPDES) permit.

The EQB set Dec. 14-17 to hear evidence in the case.

Petra Wood, a Sierra Club member and neighbor of the Cassville mine, is pleased with the ruling.

“Without the stay, mining would have started on the new mine and more environmental degradation would have begun before the Sierra Club even had a chance to present its case, at the hearing in December, that the permit does not adequately protect the environment.”

A spokesman for International Coal Group, Patriot’s parent company, did not respond in time for this report.

Patriot Coal wants to expand its New Hill Mine by 225 acres.

As previously reported in The Dominion Post, Sierra Club appealed the NPDES permit in September, saying the expansion will discharge pollutants into an unnamed tributary of Scotts Run and, ultimately, into the Monongahela River.

The club also contends, among other things, that the Department of Environmental Protection failed to perform the required analysis of potential pollutants — heavy metals and other toxins possibly contained in mine runoff and fly ash — and failed to set pollutant discharge limits based on the analysis.

It cites the potential to contribute to an outbreak of golden algae — like one that killed the fish and mussels in Dunkard Creek in the summer of 2009.

Patriot applies fly ash, derived from coal combustion, to prevent acid mine drainage. The appeal seeks to have the permit rescinded or modified to include limits.

Sierra Club then filed a motion Wednesday for a stay of the permit. The application said Patriot planned to begin blasting “from sunrise to sunset” Thursday, continuing through Nov. 18, 2011.
 
The club contended granting the permit would deny it the right to a meaningful permit review.

Jackson Kelly PLLC attorney Robert McClusky, representing Patriot, contended that the site has been mined and reclaimed with fly ash for years, and the permit in question is merely a modification of the existing NPDES permit.

“Recent sampling of the primary receiving stream,” he wrote in a statement, “shows that past mining has had no significant adverse impact to the receiving waters.”

Therefore, Sierra Club can show no undue burden or irreparable harm to justify the stay.

McClusky noted that Patriot’s activities have in fact caused “a downward trend” in runoff flow and pollutant loading. Also, Patriot seeks to relocate its pond and cover old mine areas with fly ash, and the DEP concludes that will further reduce pollution.

The EQB sided with the Sierra Club, saying it “demonstrated that the environment will suffer irreparable harm and an unjust hardship if a stay is denied.” Patriot, meanwhile, failed to support its contention that it would suffer financial harm if the stay was granted.

McClusky could not be reached for comment regarding the ruling.