COAL GETS MORE COSTLY

EPA regional administrator recommends historic veto of Spruce Mine permit
Ken Ward Jr, October 15, 2010 (Charleston Gazette)

"… The U.S. Environmental Protection Agency’s regional administrator, Shawn Garvin, has recommended that his agency veto the Clean Water Act permit for the controversial Spruce No. 1 Mine in Logan County, W.Va.

"…Garvin’s recommendation concludes ‘…discharges of dredged and/or fill material to Pigeonroost Branch and Oldhouse Branch for the purpose of constructing the Spruce No. 1 Surface Mine as currently authorized … would likely have unacceptable adverse effects on wildlife …valley fills and sedimentation ponds and other discharges into Pigeonroost Branch and Oldhouse Branch…will bury approximately 6.6 miles of high quality headwater streams…[likely resulting] in effects to downstream waters and downstream wildlife…[and contributing] to conditions that would support blooms of algae that release toxins that kill fish and other aquatic life…’"

click to enlarge

"The regional EPA administrator also concluded ‘… Because construction of the Spruce No. 1 Mine and 11 additional mining operations would increase the percent of the sub-basin that is impacted by mining activity, it can be expected that these water quality effects will likely be exacerbated…[and] contribute to the significant cumulative loss of aquatic resources and degradation of water quality…"

The mine would be nearly as big as the City of Pittsburgh (click to enlarge)

"…EPA said ‘…It is important to emphasize that this is only one step in the process—EPA has not reached a final decision on this project. EPA’s next step will be to reach out to the mining company, the U.S. Army Corps of Engineers, and West Virginia State officials to engage in discussions…EPA’s Office of Water will issue a final decision after a thorough review of the Regional Administrator’s recommendation, the science, the 50,000 public comments received and careful consideration of our discussions with the State, Corps and Company…later this Fall.

"EPA released Garvin’s recommended decision publicly and filed a copy of it in federal court in Huntington, asking U.S. District Judge Robert C. Chambers to extend for another 120 days — until Feb. 22 — the judge’s order suspending litigation…This is just another step in the process of EPA’s trying to either block this permit or perhaps push the company to find a way to further reduce its potential impacts…"