[PA] DEP-Mining Industry Relations Cozy, Quiet

Washington PA  Observer Reporter
24 January 2011

The state Department of Environmental Protection gave only a brief explanation for its decision to allow Dana Mining Co. to begin work at Calvin Run without first receiving a mining permit.

DEP's decision, and its quick reversal when challenged by federal authorities, invites suspicion that the agency has become too willing to bend to industry pressure to function in a transparent manner.

Dana and its affiliate, AMD Reclamation Inc., planned to drill two boreholes into Consol Energy's closed Humphrey Mine at Calvin Run in order to pump water from the Humphrey mine pool to AMD's Steele Shaft treatment plant.

Dana's 4 West mines Sewickley seam coal above the Pittsburgh seam formerly mined at the Shannopin and Humphrey mines. The 4 West is now mining in an area where it must lower the mine pool in Humphrey to prevent its own mine from flooding.

DEP previously issued the companies a mining permit for Calvin Run. However, it revoked the permit in February as part of an agreement to settle an appeal filed by PennFuture and Friends of Dunkard Creek.

Instead of requiring the company to resubmit its application and proceed through the permitting process correctly, DEP simply determined a mining permit was not needed and allowed the company to begin work after receiving only an earth disturbance permit from the county conservation district.

DEP did this without any form of public notice, even though the appeal filed by the two groups had claimed DEP violated the law by issuing the original permit without public notification.

A DEP district mining official said last week the decision to allow the company to proceed without a permit was made following a legal analysis and discussion regarding whether the operation should be considered a mining operation or a water treatment facility. DEP presented absolutely no arguments to justify that decision to the Office of Surface Mining, and, in fact, told OSM that on account of the direct connection between operations at Calvin Run and 4 West Mine, "it is clear" the activity constitutes a mining activity and should be covered under a mining permit.

DEP further proposed allowing the company to continue work at Calvin Run, saying Dana believed it had all the required permits, based on its discussion with DEP, and halting the project would jeopardize operations at 4 West Mine.

OSM did not buy that thinking and issued a cessation order, halting the work until a mining permit is issued.

The Calvin Run project is part of the much more complex issue that involves the Steele Shaft treatment plant and its impacts on Dunkard Creek and the Monongahela River.

It would be too difficult here to describe all the twists and turns associated with the plant since its construction, but we can say there is heightened awareness of the issues surrounding it.

Interest has been raised as a result not only of the fish kill on Dunkard Creek, in which the plant did not play a role, but also of water quality issues on the Monongahela River, to which the plant does contribute.

The company has made large investments in the project and has also received financial assistance from the state. To its credit, Dana has held public meetings on its recent plans. DEP officials also have participated in those meetings.

But then, for some reason, DEP decided to allow a project like Calvin Run to proceed without going through the permitting process with little explanation and excluding any input from people in the community, many of whom are concerned about the environmental impacts and are knowledgeable about the issues.