Stop Order Issued for Calvin Run Work
Washington PA Observer
Reporter
19 January 2011
By Bob Niedbala, Staff writer
niedbala@observer-reporter.com
The federal Office of Surface Mining issued a cessation order Tuesday
halting a project by AMD Reclamation Inc. and Dana Mining Co. to drill
boreholes into the Humphrey Mine at Calvin Run to pump mine water to
AMD's treatment plant.
OSM determined the operation, which would allow Dana to pump additional
mine water to the Steele Shaft plant, constitutes "mining without a
permit," said Chris Holmes, OSM spokesman.
DEP made the same determination last week in its response to a 10-day
notice of violation issued by OSM Dec. 29 questioning why the project
was allowed to proceed without a mining permit.
In its response to OSM, DEP agreed the work constituted mining
activities for which a permit was required. In a consent agreement
between DEP and Dana, included with the response, DEP also said it
would allow Dana to continue work while it applied for the permit.
OSM, however, said the project should be halted until a permit is
issued. Allowing it to proceed without a permit would "constitute a
circumvention of the approved Pennsylvania permitting process," Holmes
said.
Allowing work to continue also assumes a permit will be granted even
though a proper evaluation of the project has not yet been done, he
said.
Dana is mining Sewickley seam coal above the Pittsburgh seam formerly
mined by the Shannopin and Humphrey mines. Its mining operations have
moved to an area at which it needs to lower the pool in Humphrey to
continue mining.
DEP had issued a permit revision in November 2009 for the Calvin Run
project. In February, however, DEP agreed to revoke the permit revision
after PennFuture and Friends of Dunkard Creek filed an appeal
questioning among other things DEP's failure to provide public notice
of the permit revision application.
Though no new mining permits were approved by DEP for the project, the
construction of a water line and the drilling of the boreholes began
late September.
When work at the site was observed late last month, PennFuture and
Friends of Dunkard Creek filed a citizens complaint with OSM, an action
resulting in the issuance of the 10-day notice.
DEP had wanted to allow the company to continue work at the site
because, it said in its response to OSM, halting the project would
jeopardize operations at Dana's 4 West Mine. In addition, DEP said Dana
believed, based on discussions with DEP, it had the necessary permits.
A Dana spokesman could not be reached Tuesday for comment.
Sandy Liebhold, president of Friends of Dunkard Creek, said he was
happy with OSM's action. "It gives me faith in the system that OSM made
the right move," Liebhold said.
When Friends and PennFuture settled the appeal resulting in the
revocation of the permit in February, it believed DEP agreed it had not
followed the correct procedure in issuing the permit.
The agency failed not only to issue a public notice and receive public
comment but also to address impacts to Dunkard Creek, he said. A few
months later, DEP then simply told Dana it could do the work without a
permit, he said. DEP, apparently, "never got the message," he said.
Though happy with OSM's decision, Liebhold said the matter regarding
Steele Shaft and the pumping of water from the Humphrey Mine remain
unresolved.
The Steele Shaft plant was built to prevent a breakout from Shannopin
Mine. It cannot treat for total dissolved solids and was allowed to
discharge water under less restrictive standards because of the
threatened breakout at Shannopin.
No similar threat exists at Humphrey, the water from which is now being
treated by Consol Energy at a plant in West Virginia.
Friends and PennFuture maintain Calvin Run was only being developed so
Dana could mine coal above the Humphrey Mine. They also say the project
increases the flow of minimally-treated mine water from Steele Shaft
into Dunkard Creek.
Dana has the right to appeal OSM's cessation order to the Interior
Board of Land Appeals.