Mining Practices Questioned

Feds host forum on revising rule for water quality

Morgantown Dominion Post
29 July 2010
By David Beard

Residents concerned about the delicate balance of mining and water quality came to Mylan Park on Wednesday evening to share their thoughts with the U.S. Office of Surface Mining Reclamation and Enforcement (OSM).

OSM held an open house — one of nine in the nation — at the Hazel and J.W. Ruby Community Center to give information and get comments on a stream protection rule that is in the works.

OSM engineer Lois Uranowski said the office is working on a draft environmental impact statement (EIS) that will inform the crafting of the new rule, which is intended to be stronger and more comprehensive than current regulations.

“We’re looking to make sure mining will continue in an environmentally sound manner,” she said.

The draft EIS should be ready in February 2011. OSM will take more public comments, then simultaneously write a final EIS and the new rule based on the EIS. The new rule is expected to be complete in mid-2012.

Posters on easels set up around the center described 11 principal elements of the proposed rule, with alternative regulation ideas for each. Among the 11 elements are data collection, definition of waterway damage and monitoring requirements.

Residents trickled in during the first hour of the six-hour open house. A handful talked with Uranowski, OSM spokesman Chris Holmes and OSM Charleston Field Office Director Roger Calhoun about mine runoff, and reforestation and revegetation of abandoned mine sites.

Betsy Lawson lives near the Patriot Mining surface mine near Cassville, and is one of the residents concerned about a permit application to expand the mine. Among the problems, she said, is fly ash trucked to and dumped on the site to prevent acid mine drainage. Fly ash — derived from coal combustion — has metals that can pollute streams, she said.

“Dumping fly ash is no solution at all. ... They just replace one bad thing with another.”

Holmes told The Dominion Post that OSM was working on a new carbon combustion product rule, which was put on hold when the Obama administration ordered agencies to re-evaluate pending rules. There is no timeline on reissuing the rule, he said.

Uranowski said mining can actually improve streams over time with proper drainage treatment. An example is re-mining, where the mining company may take out remaining coal pillars and remove usable coal from refuse piles. The process can remove acidforming materials from the site and stop infiltration.

Stephen Lawson, of Sugar Grove, and Becky Friend, of Birds Creek, asked about post-mine use, including restoring trees or other vegetation.

Pointing to a picture of a contour mine, Friend wondered how soil could be restored to such land. The runoff from the bare rock would be “like all the paving in Sabraton,” she said. Uranowski said she should put that concern in written form for the EIS.

Stephen Lawson talked about a mine site near him that hasn’t had more than a few weeds sprout up in 20 years, with “gunk coming out of the ground.”

“Just stop doing it,” he said about surface mining.

Uranowski said if there’s no re-vegetation going on, that violates federal rules and residents can file a citizens’ complaint.

Researchers at WVU, Virginia Tech and the University of Kentucky are studying revegetation of mine lands.

Calhoun said post-mine use has improved since he came here in the 1990s. Back then, abandoned mines were usually turned into hayfields. The new trend, whenever feasible, is to reforest them with native hardwoods.

The final open house is set for today in Gilette, Wyo.

Citizens unable to attend any of the open houses who wish to comment may do so by mail or e-mail. To comment:

E-mail sra-eis@ osmre.gov

Mail them to Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 252-SIB, 1951 Constitution Avenue NW, Washington, DC 20240

Go to regulations.gov and follow the instructions there

When submitting comments, include Docket Number OSM-EIS-35.