Mountain residents receive answers
MELCROFT – A Mountain Watershed Association (MWA) public meeting concerning a proposed strip mining operation near Indian Creek has brought some answers to questions concerning the mountain area from the state Department of Environmental Protection (DEP). Beverly Braverman, MWA executive director, said DEP reviewer D. Scott Jones, in a letter to the association, has addressed a number of issues that were brought up at the May meeting.
“We ask a number of questions and received a number of answers by mail,” said Braverman. “I’m not sure all of the answers were what we were looking for, but they are answers.”
A majority of the questions focused on the Geary strip mine proposal submitted by Amerikohl Mining Inc., of Butler. The following questions and comments were submitted to the DEP by MWA:
– Is the DEP aware that people are signing away their rights to perpetual replacement water supplies without full and complete disclosure as is required under the Federal Energy Policy Act?
Under this Act, agreements that are contrary to the act are not valid.
Braverman said, “MWA asked the DEP to tell people that they do not have to sign agreements that state that they will accept a tap plus tie-in plus some small amount of money to cover increased costs of public water or well maintenance when the DEP and the Amerikohl both know increased costs run to the thousands of dollars.”
Braverman said she believes one calculation was that these increased costs amounted to close to $20,000.
– What is the DEP’s position on blasting damage?
Braverman said damage has been caused at several strip mine sites in the Berlin area, at the Keslar strip mine in White and has shaken homes throughout Hawkens Hollow.
She asked what’s DEP’s position at the level of the regulation curve “no damage will occur” or “no damage should occur?” Or does the DEP agree that the law does not allow damage to homes?
According to Braverman, she had conversations with an attorney, a county official and others, and they agree that it is a violation for dust to leave the permitted site.
Braverman said, “We have been advised to contact the air pollution people in the DEP since Jones is not familiar with those laws and regulations.”
So she asked, “Whom would you advise us to contact in air pollution the next time a blast causes fugitive emissions off-site as occurred at the Keslar Strip?”
Braverman said she reminded DEP officials that the area in Springfield Township where Amerikohl wants to mine has a per capita income of under $6,500 explaining that the area is “impoverished” and therefore entitled under the DEP Environmental Justice Protocol to trigger closer scrutiny when it comes to issuing permits.
Braverman asked, “Are you familiar with this protocol? What additional measures will you take to see that our community is not unduly burdened with strip mining projects as compared to other communities?”
Braverman said since Amerikohl’s mining application is technically not complete, the MWA has a right to do an adequate third party review. She asked, “Have any correction letters been sent to the permittee? If so, we would like copies of them and any response by the permittee.”
She also asked how many days after technical completion of the permit application will the comment period extend to allow the MWA to review additional data/information so that they will have effective citizen participation?
She said, “We did not see anything in the copy of the permit application that we have stating where the Upper Kittanning overburden is going to go during the mining process. We are concerned about the close proximity of Indian Creek to the site and the fact that the mining at times will be below the elevation of the creek bed.”
Braverman said, according to MWA’s maps, the flume system extends near/possibly through the site.
“We know this company has had problems with communication with deep mine voids elsewhere and that this has caused problems with water supplies, groundwater contamination and pollution discharges on private property,” Braverman said.
“We do not want the flume disrupted by either excavation or blasting, either of which could cause serious complications in this area. Before digging in the Kalp discharge area, the Marsolino discharge area, the Rondell-Correal discharge area and the Melcroft Portal Pond investigative boreholes to determine the proximity and the extent of the deep mine pools should be conducted.
“This area in the watershed is not hydrologically stable, nor are the mine workings stable. We believe these issues should be seriously considered in the review of this application,” Braverman concluded.
After listening to the MWA’s concerns, Jones sent a six-page response letter to Amerikohl Mining, Inc. in which he said, “In order to continue processing your permit application, the following additions (32 in all) or corrections must be made.
According to Jones, Amerikohl has 30 days from June 11 to answer DEP’s questions and produce critical documentation. Amerikohl was also told by the DEP that they must revise the copy of the application available for public review.
If the information is not received by DEP by July 11 their application will be returned as incomplete, according to Jones.