May
31
2010
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CANAAN VALLEY NWR – draft 15 year Comprehensive Plan and Environmental Assessment (CCP/EA)

CANAAN VALLEY NWR – draft 15 year Comprehensive Plan and Environmental Assessment (CCP/EA)

July 16th for comments…. dates of public meetings to be announced….


Contents Federal Register
Vol. 75, No. 104
Tuesday, June 1, 2010

FISH & WILDLIFE SERVICE

NOTICES
Availability of Draft Comprehensive Conservation Plan and Environmental Assessment:
Canaan Valley National Wildlife Refuge, Tucker County, WV ,
30423–30425 [2010–12998] [TEXT] [PDF]

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the draft comprehensive conservation plan (CCP) and
draft environmental assessment (EA) for Canaan Valley National Wildlife
Refuge (NWR) for a 45-day public review and comment period. The draft
CCP/EA describes four alternatives, including our Service-preferred
alternative B, for managing this refuge for the next 15 years. Also
available for public review and comment are the draft compatibility
determinations, which are included as appendix B in the draft CCP/EA.

DATES: To ensure our consideration of your written comments, please
send them by July 16, 2010. We will also hold public meetings. We will
announce and post details of the public meetings in local news media,
via our project mailing list, and on our regional planning Web site,
http://www.fws.gov/northeast/planning/Canaan%20Valley/ccphome.html.

ADDRESSES: Send your comments or requests for copies of the draft CCP/
EA by one of the following methods. You may also drop off comments in
person at Canaan Valley NWR, located off Route 32 in Davis, West
Virginia.
U.S. Mail: Beth Goldstein, Natural Resource Planner, U.S. Fish and
Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035.
Facsmile: Attention: Beth Goldstein, 413-253-8468.
Electronic Mail: northeastplanning@fws.gov. Include “Canaan Valley
NWR CCP” in the subject line of your e-mail.
Agency Web Site: View or download the draft document on the Web at
http://www.fws.gov/northeast/ planning/Canaan%20Valley/ ccphome.html.

FOR FURTHER INFORMATION CONTACT: Jonathan Schafler, Refuge Manager,
Canaan Valley NWR, HC 70, P.O. Box 200, Davis, WV 26260; phone: 304-
866-3858; facsimile: 304-866-3852; electronic mail: fw5rw_
cvnwr@fws.gov.

SUPPLEMENTARY INFORMATION: [click text and/or pdf links above]

Written by Administrator in: Environment, Federal Government, Public Lands |
May
28
2010
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Comment Period on Spruce No. 1 Mine Extended to June 4, 2010

Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Comment Period on Spruce No. 1 Mine Extended to June 4, 2010

PHILADELPHIA (May xx, 2010) – The U.S. Environmental Protection Agency is extending the deadline for public comment on its proposal under the Clean Water Act to significantly restrict or prohibit mountain top mining at the Spruce No. 1 surface mine in Logan County, W. Va. from June 1, 2010  to June 4, 2010 because a government website being used to submit comments will be out-of-service from May 29 till May 31, 2010.

The federal eRulemaking Portal (http://www.regulations.gov), the recommended method of comment submission, will undergo a scheduled maintenance outage and will be unavailable from Saturday, May 29, 2010, from 12 a.m. until Monday, May 31, 2010 at 11:59 p.m. Eastern Daylight Savings Time.

Written comments can also be submitted until June 4 on the Spruce No. 1 Mine Proposed Determination, identified by Docket ID No. EPA-R03-OW-2009-0985, by one of the following four methods:

1. E-mail: ow-docket@epamail.epa.gov. Include the docket number, EPA-R03-OW-2009-0985, in the subject line of the message.

2. Mail: ‘‘EPA-R03-OW-2009-0985, Spruce No. 1 Surface Mine,’’

U.S. Environmental Protection Agency
EPA Docket Center Water Docket, Mail Code 28221T
1200 Pennsylvania Avenue, NW
Washington, DC 20460

3. Hand Delivery or Courier:

Director, Office of Environmental Programs
Environmental Assessment and Innovation Division
U.S. Environmental Protection Agency, Region III (3EA30)
1650 Arch Street,

May
28
2010
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New Wilderness Advocacy Coalition Formed in PA

Group Will Work to Permanently Protect Parts of the Allegheny National Forest

Six conservation organizations, representing nearly 65,000 Pennsylvanians, have joined to form the Pennsylvania Wilderness Coalition. The new group will advocate for wilderness designation on the Allegheny National Forest ­ the state¹s only National Forest.

“The Allegheny is located in the northwest corner of the state, but as Pennsylvania¹s only National Forest, it belongs to all of us,” said Adam Hostetler of Lebanon, vice president of the Pennsylvania Division, Izaak Walton League of America.  ”Wilderness designation for some of the most pristine and wild areas on the Allegheny will leave a permanent natural legacy for future generations, so they can forever hike, hunt, camp and explore here.”

Wilderness designation by Congress is the highest level of protection that can be given to federal lands, adding them to the National Wilderness Preservation System as areas where nature reigns and people are just visitors.

Founding members of the Pennsylvania Wilderness Coalition are: Friends of Allegheny Wilderness; The Sierra Club, Pennsylvania Chapter; Pennsylvania Division, Izaak Walton League of America; Pennsylvania Trout Unlimited; The Wilderness Society and the Campaign for America¹s Wilderness of the Pew Environment Group.

The Coalition supports the Citizens¹ Wilderness Proposal for Pennsylvania¹s Allegheny National Forest, crafted by Friends of Allegheny Wilderness in 2003, which identifies 54,460 acres of wilderness-quality lands on the ANF.

Today, only two areas on the Allegheny National Forest are permanently protected as wilderness ­ the Hickory Creek Wilderness with about 8,600 acres, and the Allegheny Islands Wilderness, totaling just under 400 areas. That is less than two percent of the 513,000-acre Allegheny National Forest.

“Clearly there is a shortage of designated wilderness on our National Forest,” said Dave Rothrock, president of Pennsylvania Trout Unlimited.  ”The areas identified in the Citizens¹ Wilderness Proposal are the remaining roadless and most untouched natural areas on the Allegheny National Forest. They are one of our greatest public assets and provide refuge for naturally reproducing brook trout.  We need to ensure they remain wild for our children and grandchildren.”

“This is an issue for all of us who call Pennsylvania home,” said David Sublette of the Sierra Club. “We have but one National Forest. It is heavily used ­ more than a third of the nation¹s population is within a day¹s drive. If we do not move quickly to protect these undeveloped areas, they will be lost as the natural areas they are today.  Senators Arlen Specter and Robert P. Casey and the state¹s entire Congressional delegation must be encouraged to act now.”

Bob Stoudt, board president of the Friends of Allegheny Wilderness, noted that more than 65 leading ecologists, biologists and economists have signed a letter supporting Wilderness designation for the areas identified in the Citizens¹ Wilderness Proposal.

“Many of us fully appreciate the aesthetic and even spiritual values of wilderness, but these scientists understand and stress the ecological and economic benefits to wilderness designation,” Stoudt said.  ”They make it clear that permanent protection of these lands is important to maintaining the state¹s habitat types and biodiversity.”

For more information about the Pennsylvania Wilderness Coalition, please contact: Kirk Johnson at kjohnson@pawild.org.  For more information on the Citizens¹ Wilderness Proposal for Pennsylvania¹s Allegheny National Forest please visit http://www.pawild.org.

The Pennsylvania Wilderness Coalition is working to designate wilderness on the Allegheny National Forest — Pennsylvania¹s only National Forest.

Contact:
Kirk Johnson, Friends of Allegheny Wilderness (814) 723?0620
John Bartlett, Izaak Walton League (814) 671?7437
Lindsay Woods, Pew Environment Group (202) 540?6428

Written by Administrator in: Wilderness |
May
13
2010
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Information for Those Attending the Spruce No. 1 Mine Public Hearing on May 18 in Charleston, West Virginia

Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Information for Those Attending the Spruce No. 1 Mine Public Hearing on May 18 in Charleston, West Virginia

PHILADELPHIA (May 12, 2010) – There is still time for advanced sign-up to attend and/or speak at the Environmental Protection Agency’s May 18 public hearing, which will be held at the Charleston Civic Center – South Hall, 200 Civic Center Drive, Charleston, W.Va.

People wishing to sign up in advance can do so over the internet by going to http://www.epa.gov/region3/mtntop/spruce1hearing.html and clicking on the link, or by calling 877-368-3552.

Advanced sign up is not required to attend or speak at the public hearing. However, because of the large turnout expected, EPA is recommending that people wishing to attend the public hearing, and especially those who wish to speak, sign up in advance. Those who sign-up in advance will have expedited entrance into the Civic Center and should look for that line when arriving. Photo identification will be required.

On-site registration will be available at the Civic Center beginning at 5 p.m. Advanced sign-up via the internet or phone will end at noon on May 18.

The hearing will begin at 7 p.m. and end no later than midnight due to a City of Charleston ordinance. In order to accommodate as many speakers as possible during that time, each speaker will be allowed a maximum of two minutes and time will be strictly monitored. Those who have signed up to speak in advance will speak first.

Everyone entering the Civic Center will be required to show a photo I.D. and go through a metal detector. No large bags or backpacks will be permitted. Also, pocket knives, scissors or other objects that could be used as weapons are prohibited.

Posters or signs will not be allowed inside the Civic Center per facility rules. City ordinances prohibit loud speakers or other amplifying devices. Recording devices are also not permitted inside the Civic Center.

All oral comments provided at the public hearing will be recorded by a court stenographer. And all comments – both oral and written — will be considered by the EPA in making its decision.

Written comments will also be accepted at the public hearing. Written comments can also be submitted until June 1 on the Spruce No. 1 Mine Proposed Determination, identified by Docket ID No. EPA-R03-OW-2009-0985, by one of the following four methods:

1. Federal eRulemaking Portal (recommended method of comment submission): http://www.regulations.gov.

Follow the online instructions for submitting comments.

2. E-mail: ow-docket@epamail.epa.gov. Include the docket number, EPA-R03-OW-2009-0985, in the subject line of the message.

3. Mail: ‘‘EPA-R03-OW-2009-0985, Spruce No. 1 Surface Mine,’’

U.S. Environmental Protection Agency

EPA Docket Center Water Docket, Mail Code 28221T

1200 Pennsylvania Avenue, NW

Washington, DC 20460

4. Hand Delivery or Courier:

Director, Office of Environmental Programs

Environmental Assessment and Innovation Division

U.S. Environmental Protection Agency, Region III (3EA30)

1650 Arch Street,

Philadelphia, PA19103

************************

Be sure to read:

COMMENTING ON Spruce #1/PIGEONROOST PERMIT DUE:JUNE 1

FLYING OVER SPRUCE FORK

May
06
2010
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GROUPS WEREN’T KIDDING

Said they were going to sue, and they did

By John McFerrin

As reported in the February, 2010, issue of The Highlands Voice, the West Virginia Highlands Conservancy, along with the Sierra Club, the Ohio Valley Environmental Coalition, and Coal River Mountain Watch, filed a notice of intent to sue Massey Energy Company and twenty nine of its subsidiaries for failing to comply with the federal Clean Water Act and the terms of the permits issued for those mines.

The federal Clean Water Act gives citizens the right to go to court to enforce the Clean Water Act. Before they may do so, they must notify the violators of the violations at least sixty days before filing suit. That is what the groups did in January, 2010..

Coal mines are routinely issued permits placing limits upon the amount of pollution they may discharge. The Clean Water Act prohibits the discharge of any pollutant other than what is allowed by the permit. By the notice the groups filed in January, they notified Massey Energy and the federal Environmental Protection Agency of the violations and the group’s intent to sue if the violations are not corrected.

February came and went, as did March and April, without any action by Massey Energy and its subsidiaries to correct the violations. So on April 27, 2010, the groups who had filed the notice filed suit seeking a Court order requiring the Massey subsidiaries to comply.

The Massey subsidiaries involved are the Elk Run Coal Company, Independence Coal Company, Marfork Coal Company, Peerless Eagle Coal Company, and Power Mountain Coal Company. The majority of the violations are for discharge of aluminum. Some of the mines are also violating permit limits for other pollutants including iron, pH, and suspended solids. In total, these mines racked up approximately 3,300 days of permit violations in the period from April 2008 through December 2009. All of these violations appear to be ongoing.

This is not the first time Massey Energy has been sued over such violations. The Environmental Protection Agency recently took action against it for similar violations. That case alleged that Massey had had over 60,000 violations over a six year period. That case resulted in a consent decree in which Massey agreed to pay a fine and change its polluting ways. It also agreed to provide EPA with reports on how much pollution it was discharging and whether it was complying with the limits found in its permits.

Massey has not learned its lesson. Its violations have grown more frequent after the settlement with EPA than they were before EPA brought its enforcement action. The quarterly reports that Massey provides to EPA under the terms of the consent decree show that the Consent Decree had little or no effect on Massey’s compliance with its effluent limitations. Between April 1,2008, and March 31, 2009, Massey violated its effluent limits at its various operations at least 971 times, and accrued 12,977 days of violation during that 12-month period.

The groups also contend that Massey is in violation of permits issued under the Surface Mining Control and Reclamastin Act. These permits are issued by state regulatory authorities such as the West Virginia Deparrtment of Environmental Protection. Those permits regulate all aspects of the mining, including the water pollution.

Although the Clean Water Act permit and the Surface Mining Control and Reclamation Act permits are two separate permits, they require the same thing so far as the discharge of polluted water is concerned. Because of this, the violations of the Clean Water Act are also violations of the surface mining act.

A copy of the filing can be found at http://bit.ly/bgfFV4. It is 38 pages long; the appendices listing violations add another ten plus pages. Only those who really, really want to know the details (and those who have trouble getting to sleep) should attempt it.

Written by Administrator in: Environment, Mining Matters, The Highlands Voice, Water Quality |
May
06
2010
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From the Heart of the Highlands

How You Say It

by Hugh Rogers

Floyd Dominy died last month at the age of 100. He had been commissioner of the Department of Interior’s Bureau of Reclamation longer than anyone else. During his career at the Rec Bureau, he got the Glen Canyon, Flaming Gorge, and Navajo Dams built along the Colorado River, and if he’d had his way there would be two dams in the Grand Canyon. He once said, “I’ve seen all the wild rivers I ever want to see.”

This unapologetic manipulator of Nature was not an engineer but a skilful manipulator of our political system. He knew how to roll the pork barrel. The population boom of the past forty years in the desert Southwest was largely due to air conditioning and Floyd Dominy—and they wouldn’t have the air conditioning without the hydroelectric power that Dominy’s dams provided.

Dominy was a main figure in Marc Reisner’s book, Cadillac Desert (1986), but I first heard of him in Encounters with the Archdruid (1971), in which John McPhee set David Brower, former executive director of the Sierra Club and founder of Friends of the Earth, against three antagonists: a mining geologist, a resort developer, and Dominy. The Brower vs. Dominy chapter can be found in The John McPhee Reader. It was the most spirited of the three arguments, conducted during a raft trip down the Grand Canyon. The Colorado still flowed free over monster rapids, but all its water had been processed through the “ten million ton plug” in Glen Canyon, just upstream from the National Park.

While Brower blamed himself for the dam that had turned Glen Canyon into Lake Powell, everyone else gave him the credit for saving the Grand Canyon. His campaign was the model for all other dam fights. Its icon was the full-page ad he placed in major newspapers with the headline, “Should We Also Flood the Sistine Chapel So Tourists Can Get Nearer the Ceiling?”

Dominy’s comment: “People ignore facts and play on emotions.”

By the end of his career, Dominy had decided not to ignore this fact. To counter the Sierra Club’s elegiac film about Glen Canyon, “The Place No One Knew,” he had commissioned “Lake Powell, Jewel of the Colorado.” Sweeping shots of the big blue lake in the midst of red desert. Water skiers cutting wakes. Families camping beside half-filled lateral canyons. The Rec Bureau film turned the Sierra Club’s message on its head: no one had known Glen Canyon, but now everyone could use it.

Some years ago, I went to Washington to talk to a congressional staff person about another proposal to put a slab of concrete where it would do a lot of harm. I was urgent. He just shrugged. “On every issue like this,” he told me, “ten percent are for, ten percent are opposed, and eighty percent are either undecided or don’t care.”

As long as the numbers didn’t move, the congressperson could do as he or she wished—other factors, including money, would control. Ten percent wouldn’t change the outcome until they moved at least some of the eighty percent.

How do you move people who are undecided or don’t care? Floyd Dominy was only half right when he said, “ignore facts . . . play on emotions.” His Lake Powell-as-jewel movie showed he knew instinctively that facts were inseparable from emotions. Mere facts or refutations were unpersuasive because they lacked emotional meaning.

Maybe everyone has heard this now, but it bears repeating: if you want to persuade people, you have to link your cause with their dearly held, though often unconscious, values and metaphors. Brower associated the Grand Canyon with a monument of Western civilization. The Canyon, he implied, was a secular chapel, sacred to our national religion. Dominy fought back by associating Glen Canyon with access for everyone, not just the elite; with family recreation; and with other can-do national projects that made Nature serve human purposes.

Neither allowed the other to define his cause. Beware using your opponents’ language, even to refute misstatements. Otherwise, you’ll simply reinforce their metaphors about what’s at stake.

This came up in a recent email from one of our own. He complained: “It disturbs me that ‘we’ environmentalists are against about everything.”

Julian Martin, a passionate rapid responder, wrote:

We environmentalists are not against about everything. That is a line used most often by folks who would destroy all that I hold dear. Being against mountain top removal means we are for the mountains and streams and critters. Being against massive blocks of concrete and huge windmills in the Mon Forest means we are for the wonder and beauty and the birds and bats. And I don’t have to go to a place to want it protected and preserved. I have been to Alaska only once and then not to the Arctic but I sure don’t want them drilling there.

To be “against:” that’s negative, backward, obstructionist, inflexible; to be “for” is positive, forward-looking, adaptable. “Against” is a frown, “for” is a smile. It’s all in how you say it.

I’ll close with a prediction. At the end of April, the electric power producer FPL Group (which owns the wind turbines on Backbone Mountain) signaled its tentative support for the climate-change legislation being considered in the Senate. It wasn’t alone. Whoa! Major utilities come out for a green initiative! How green can it be?

One of its advantages for them is that it would establish a predictable price for carbon emissions. Predictability would be good for the utility business. Perhaps more important, the utilities want a renewable energy standard to create a solid market for carbon-free energy, i.e., their wind and solar investments. But look closer: the companies also say that the new law would encourage them to invest in nuclear power.

Proponents, opponents, and agnostics alike know that if nuclear power can be defined in enough minds as “clean energy” it will outstrip solar and wind combined.

Written by Administrator in: From the Heart of the Highlands, The Highlands Voice |
May
06
2010
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StopPATH Campaign Takes To The Airwaves

By Frank Young

In April StopPATH WV formally launched its television, radio, Internet and print ad campaign in West Virginia’s eastern panhandle and tri-state area. The campaign will soon be expanded to the Weston-Buckhannon and Charleston area media markets.

StopPATH WV spokesperson Keryn Newman says, “The underdogs are bringing the fight to the power companies with StopPATH WV’s launch of a television, radio, internet and print advertising campaign that points out that the Potomac Appalachian Transmission Highline (PATH) is an expensive, unnecessary boondoggle that will only benefit corporate profit margins.”

This advertising campaign was made possible by grants from the National Trust for Historic Preservation through the Henry A. Jordan, M.D. Preservation Excellence Fund and the Sierra Club, in cooperation with the West Virginia Highlands Conservancy. As part of the grant, these ads are available for use by other opposition groups in Virginia, Maryland and West Virginia.

Visit the website www.stoppathwv.com to view campaign materials, you-tube videos of the television commercials and links to backup material. The radio commercials and print ads are not yet available at this website. If you need copies of these, please email keryn@stoppathwv.com

These ads were made very general so that they may be retagged by other groups for their own use. Re-tagging of all the campaign materials can easily be done by the agency that created the commercials, Growth Media Services of Martinsburg, WV. You can contact Darla Gaige at 540-550-0590 or darla@growthmediaservices.com. She estimates the cost for re-tagging to be under $100 for the entire package.

A Stop PATH news release says, “Even if you do not plan to re-tag and use these advertising materials in your own local markets, please feel free to use and disseminate our commercials on your own websites and within your own groups. Our side of this fight doesn’t have the money to flood all markets with advertisements like the PATH companies do. So we must depend on person-to-person contacts in order to compete. Let’s see if we can get this campaign to go viral!”

Despite PATH’s expensive advertising, public relations and marketing campaign, which will ultimately be paid for by electric customers in 13 states, including West Virginia, StopPATH WV looks to share the knowledge throughout the region affected by the PATH proposal.

StopPATH WV, Inc. is a grassroots citizens’ group based in Jefferson County, West Virginia that seeks to protect the health, property values and welfare of their community by defeating PATH’s currently pending application before the West Virginia Public Service Commission, as well as promoting education and awareness of the potentially devastating effects this project will have on the local communities through which it is proposed to pass. Visit us on the web at www.stoppathwv.com

The Potomac Appalachian Transmission Highline, or PATH, is a 765kV high-voltage electric transmission line that is slated to pass through West Virginia, Virginia and Maryland on its nearly 300-mile journey from St. Albans, W. Va., to Kemptown, Md.

More information available at www.pathtransmission.com

For more information contact:

Keryn Newman (304) 876-3497 or keryn@stoppathwv.com

Patience Wait (304) 876-1515 or waitp@stoppathwv.com

Written by Administrator in: Energy, Environment, The Highlands Voice |
May
06
2010
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COMMENTING ON Spruce #1/PIGEONROOST PERMIT DUE:JUNE 1

SUMMARY: Pursuant to Section 404(c), the United States Environmental Protection Agency Region III (EPA) is requesting public comments on its proposal to withdraw or restrict use of Seng Camp Creek, Pigeonroost Branch, Oldhouse Branch, and certain tributaries to those waters in Logan County, West Virginia to receive dredged and/or fill material in connection with construction of the Spruce No. 1 Surface Mine (Spruce No. 1 Mine or the project).

An important part of EPA’s mission is to ensure our environment and public health are protected and restored for current and future generations. Among ways that EPA carries out its mission is by ensuring appropriate implementation of the Clean Water Act. Section 404(c) of the Clean Water Act (CWA) authorizes the U.S. Environmental Protection Agency (EPA) to prohibit, restrict, or deny use of any defined area in waters of the United States for specification [designation] (including the withdrawal of specification) for the discharge of dredged and/or fill material whenever it determines, after notice and opportunity for public hearing, that use of such sites to receive dredged and/or fill material would have an unacceptable adverse impact on various resources, including fisheries, wildlife, municipal water supplies, and recreational areas. This authority is often referred to as EPA’s authority to “veto’’ a CWA Section 404 permit to discharge dredged and/or fill material to waters of the United States.

The Spruce No. 1 Mine is one of the largest surface mining operations ever authorized in Appalachia. In connection with this project, Mingo Logan Coal Company (permittee) has been authorized by the U.S. Army Corps of Engineers, Huntington District (Corps) ((Department of the Army Permit No. 199800436-3 (Section 10: Coal River)) to construct six “valley fills’’ and numerous sedimentation ponds in Seng Camp Branch (already partially constructed), Pigeonroost Branch (not yet constructed), Oldhouse Branch (not yet constructed), and certain tributaries to those waters by discharging excess overburden (or spoil) generated by surface coal mining operations.

The project as authorized will directly impact 2,278 acres, including more than seven miles of stream, and indirectly impact other waters. EPA Region III acknowledges the project has undergone extensive regulatory review and has been modified from the original proposal in order to reduce impacts. EPA Region III is taking this action because it believes, despite all the regulatory processes intended to protect the environment that construction of Spruce No. 1 Mine as authorized would destroy streams and habitat, cause significant degradation of on-site and downstream water quality, and could therefore result in unacceptable adverse impacts to wildlife and fishery resources. These impacts are described in more detail at: www.epa.gov/region3/mtntop/spruce1.html.

The goal of protecting water quality, plant and animal habitat, navigable waterways, and other downstream resources requires the careful protection of headwater streams and life they support. These streams are like the capillaries within our circulatory system. They are the largest network of waterbodies within our ecosystem and provide the most basic and fundamental building blocks to the remainder of the aquatic and human environment.

Applying the lessons of the past, we now know that failure to control mining practices has resulted in persistent environmental degradation in the form of acid mine drainage and other impacts that cost billions to remedy. While the Surface Mining Control and Reclamation Act (SMCRA), the CWA, and other laws have put in place controls addressing some environmental impacts, including acid mine drainage, recent studies and experience point to new environmental and health challenges that were largely unconsidered until more recently. We know the regulatory controls currently in place have not prevented adverse water quality and aquatic habitat impacts from other surface mining operations. We also know the same types of impacts as those anticipated from this project have had previously unforeseen environmental consequences.

Public health issues surrounding the types of impacts associated with the Spruce No. 1 project are not well understood. EPA has been presented with household-specific and anecdotal information that suggests individual and possibly public surface water and ground water supplies could be adversely impacted by surface coal mining activities. In addition, recent published studies directly relate intensity of surface mining activities within Appalachia to degraded public health and mortality. EPA has been presented with a petition from a variety of local stakeholders that outlines many of these concerns and further relates them to issues of environmental justice.

Ultimately, EPA’s process will result in one of three outcomes: (1) EPA could withdraw specification of the site as a disposal site and decide to use its discretion to prohibit any discharges from the project, including the construction of valley fills; (2) EPA could restrict specification of the site as a disposal site and decide the project cannot go forward under the permit as currently issued, but could go forward under a modified permit with more environmentally protective conditions; or (3) EPA could decide the permit as currently issued is sufficiently protective.

EPA seeks comment on this proposed Section 404(c) determination to withdraw, prohibit or restrict use of Seng Camp Creek, Pigeonroost Branch, Oldhouse Branch, and their tributaries in Logan County, West Virginia, to receive dredged or fill material in connection with construction of the Spruce No. 1 Surface Mine as currently authorized by the January 22, 2007 Department of the Army (DA) Permit No. 199800436-3 (Section 10: Coal River).

DATES: Comments must be received in writing by June 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-R03-OW-2009-0985, by one of the following methods:

1. Federal eRulemaking Portal (recommended method of comment submission): http://www.regulations.gov. Follow the online instructions for submitting comments.

2. E-mail: ow-docket@epamail.epa.gov. Include the docket number, EPA-R03-OW-2009-0985, in the subject line of the message.

3. Mail: “EPA-R03-OW-2009-0985, Spruce No. 1 Surface Mine,’’ U.S. Environmental Protection Agency, EPA Docket Center Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

4. Hand Delivery or Courier: Director, Office of Environmental Programs; Environmental Assessment and Innovation Division; U.S. Environmental Protection Agency, 3EA30 Region III; 1650 Arch Street, SW.; Philadelphia, Pennsylvania 19103.

5. Submit at Public Hearing: See Public Hearing on page 6 of this issue of The Highlands Voice. Direct your comments to Docket ID No. EPA-R03-OW-2009-0985.

Written by Administrator in: The Highlands Voice |
May
06
2010
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FLYING OVER SPRUCE FORK

By Cindy Rank

Oldhouse Branch

I suppose when a person stays someplace long enough many things come around full circle at least once.

After nearly 40 years in West Virginia I feel that way a lot these days and it’s certainly how I felt recently when I was treated to a bird’s eye view of what’s left of the town of Blair in Logan County WV and the old Dal-Tex operation that looms over the town, a site I first visited on a state sponsored mine tour in 1994 and one that Penny Loeb featured in her Sheer Madness article in US New & World Report of August 1997.

From there Southwings pilot Susan Lapis flew us over Route 17 and the short section of widened road by Sharples that now hosts long rectangular treatment ponds that are part of the Mountain Laurel deep mine/prep plant complex at the mouth of Seng Camp Creek.

Portions of the upper reaches of Seng Camp Creek are included in the Spruce #1 mine permit that became the focus of our 1998 Bragg v. Robertson litigation. For many reasons outlined elsewhere in this issue of the Voice the US Environmental Protection Agency (EPA) is proposing to veto the Clean Water Act 404 fill permit for the Spruce #1 mine.

Seng Camp is on the northern edge of the 2,278 acre Spruce #1 permit and is one of three streams targeted for filling as part of the Mingo Logan mine. (Pigeonroost and Oldhouse Branch are the other two.) The Seng Camp Creek valley fill area was initially disturbed in January 2007 – before we discovered that the Army Corps of Engineers had issued the 404 fill permit and before we could file an objection with Judge Chambers to include it with our ongoing 2005 litigation about similar permit actions in southern West Virginia.

Because work had begun in Seng Camp, the best we could achieve was a stand-still agreement with the company that they would only mine in that limited portion of the Spruce #1 mine while the courts worked through the rest of the legal questions. ….. In the summer of 2008 circumstances were such that we were unable to object to an expansion of the mining to the uppermost portion of the ridge between Seng Camp and Pigeonroost Creek. Though the expansion would remove portions of the ridge, the absence of any discernable “jurisdictional” waters in the new area left us no basis for legally challenging the seventy some acre expansion.

I regret to this day that we were unable to prevent Mingo Logan from extending the operation into the ridge separating Seng Camp Branch and Pigeonroost …. And yet I was heartened last week to see Pigeonroost still undisturbed and forested for it’s full two and a half mile length… and Oldhouse Branch to the south as well, and even portions of Seng Camp as yet untouched.

It is my hope that readers of the Highlands Voice and hundreds of other sympathetic minded friends will chime in with even the briefest of comments encouraging EPA to deny any additional movement into these untouched tributaries of the already severely impacted Spruce Fork of the Little Coal River.

Information on how to file comments supporting EPA’s proposed veto can be found on page 4 of this issue of The Highlands Voice.

Written by Administrator in: Mountaintop Removal, The Highlands Voice, Water Quality |
May
06
2010
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PUBLIC HEARING SPRUCE #1/PIGEONROOST PERMIT, MAY 18TH – CHARLESTON WV

The U.S. Environmental Protection Agency (EPA) will hold a public hearing regarding its proposal under the Clean Water Act to significantly restrict or prohibit mountain top mining at the Spruce No. 1 surface mine in Logan County, W. Va. The project was permitted in 2007 and subsequently delayed by litigation. The Spruce No. 1 mine would bury over 7 miles of headwater streams, directly impact 2,278 acres of forestland and degrade water quality in streams adjacent to the mine.

EPA’s proposed determination comes after extended discussions with the company failed to produce an agreement that would lead to a significant decrease of the environmental and health impacts of the Spruce No. 1 mine.

The purpose of the public hearing is to obtain public testimony or comment on EPA’s proposed 404 (c) action on the Spruce No. 1 Mine project.

WHO: U.S. Environmental Protection Agency Region III representatives

WHAT: Public hearing on EPA proposal for Spruce No. 1 surface mine

WHEN: May 18th, 2010 at 7:00 p.m.

WHERE: Charleston Civic Center (South Hall) Charleston, W.Va. 25301

Registering ahead of time is recommended:

Advance sign up is not required to attend or speak at the public hearing. However, because of the large turnout expected, EPA is recommending that people wishing to attend the public hearing, and especially those who wish to speak, sign up in advance. People wishing to sign up in advance can do so over the internet by going to http://www.epa.gov/region3/mtntop/spruce1hearing.html and clicking on the link, or by calling 877-368-3552.

To accommodate as many speakers as possible, each speaker will be limited to two minutes. There also will be an opportunity to sign up on-site the day of the public hearing. Speakers at the public hearing will be in order of sign up.

In addition, people wishing to provide comment may do so in writing. If you would like to submit written comments you may do so at the public hearing or on-line at www.regulations.gov (search for EPA-R03-OW-2009-0985).

More information on Clean Water Act Proposed Determination:

The Clean Water Act gives EPA authorization to deny the Spruce No. 1 Mine permit or add restrictions that the mine owner would be required to follow. The part of the Clean Water Act that grants this authorization is known as 404 (c). This section authorizes EPA to restrict or prohibit placing certain pollutants in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in “unacceptable adverse impacts” to the environment, water quality, or water supplies.

This authority applies to proposed projects as well as projects previously permitted under the Clean Water Act. A final decision to restrict or prohibit the Spruce No.1 Mine will be made at a later date by EPA’s national headquarters based on a recommendation from the regional administrator of EPA’s mid-Atlantic region, public comments, and discussions with the Army Corps of Engineers and the Mingo Logan Coal Company, the mine owner.

Relevant documents, including the EPA regional administrator’s proposed determination can read and reviewed on EPA’s website at: www.epa.gov/region3/spruce1.html.

May
06
2010
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Tragedy of Mountains

By Paula Kaufman

ap-uh-latch-uh

Light is
our tragedy,
water turns orange,
when do you bury a mind,
roads hug every inch of the curve,
our mountains breath light,
choke out light.

We want to hide those explosives!
We want to rip billboards from roads,
propaganda of lies.

We don’t want to be a privatized province,
penny-picked paradise,
petty people,
provincial place,
packaged product–
the hypocrisy of light.

Ms. Kaufman is an undergraduate at Brown University, and a denizen of Charleston, West Virginia

Written by Administrator in: The Highlands Voice |

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