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Water Quality Matters! EPA will review valley fill permits

by Kevin Pentz last modified April-06-2009 05:08 PM

Today, just seven days after members of KFTC, The Alliance for Appalachia and other allies from across the country met with  the  U.S. Environmental Protection Agency and the White House Council on Environmental Quality, the EPA expressed grave concerns about two pending valley fill permits and indicated that hundreds of other pending applications would come under much more strict review.valley fill 3

It's the first step that the citizens urged the agencies to take, and one that many KFTC members have been waiting and hoping for.

"I was hoping this would happen in the first 100 days [of the Obama administration]. It's made my day," said Rick Handshoe of Floyd County. "There are 9 existing valley fill permits in my neighborhood and three more valley fill permits proposed within a mile radius."

"EPA will use the best science and follow the letter of the law in ensuring we are protecting our environment,” said EPA Administrator Lisa P. Jackson in a press release.

"We finally have an administration that uses scientific reasoning to make decisions instead of ideology. We fought for this for years — I hope the EPA comes through and permanently stops the permits in our community," said Carl Shoupe, a retired union coal miner in Harlan County.

Handshoe and others were quick to point out that even considering science in decisions about mining and valley fill permits is something new.

"I was hoping they would look at what's happening to the people and the water.  It's a victory that they are even looking at the impacts of these valley fills. If they look at the science they will see what's going on," Handshoe said.

There is an overwhelming body of evidence, including much gathered by the EPA, that valley fills cause significant environmental destruction, both in the communities where the mining takes place and for many miles downstream.

Typical valley fills
valley fill
valley fill 4
 

EPA's announcement today came with the release of two letters it sent to the U.S Army Corps of Engineers in Huntington, West Virginia where permits for valley fills that would bury hundreds of miles of streams are pending. The letters addressed the Corps' inadequate review of the impacts valley fill permits for CAM Mining in Kentucky and Highland Mining in West Virginia would have on water quality.

“The two letters reflect EPA’s considerable concern regarding the environmental impact these projects would have on fragile habitats and streams,” said Jackson. The letter stated that the coal mines would likely cause water quality problems in streams below the mines, would cause significant degradation to streams buried by mining activities, and that proposed steps to offset these impacts are inadequate.

This step forward by EPA to reclaim its role in protecting the nation's waterways is a reversal of the Bush administration policy of allowing the Corps to issue the valley fill permits without oversight or consideration of scientific evidence of the harm being done.

The Huntington Corps' office is the permitting agency for all valley fill permits in West Virginia and some in the eastern Kentucky coalfields (Big Sandy River watershed). The Corps' Louisville office has jurisdiction over other watersheds in Kentucky, and KFTC is working to make sure the EPA's action applies to all pending valley fill permits.

ACTION: Please call the White House message line and leave a message to thank President Obama for taking this important first step toward protecting the land and people in coalfield communities.

MESSAGE: Mountaintop removal and valley fills must stop. Thank you for taking action through the EPA to see that our streams are protected.

PHONE: 202-456-1111

or use this online contact form.


EPA press release:  EPA Acts to Reduce Harmful Impacts from Coal Mining

Media Coverage;

Wow

Posted by amazed at March-24-2009 08:22 PM
I'm so excited by this move by the EPA. Thanks to everyone who has worked so dang hard to build our grassroots movement to end MTR, end the destruction of headwater streams, and build a sustainable economy in the coalfields. This announcement is an important step in the right direction. Let's keep up the pressure so policies like this become permanent!

Woohoo!

Posted by Lora at March-24-2009 08:24 PM
YES! Thanks for all the incredible work done by KFTC members and staff over the last quarter of a century to get us to this point!

Dancin' in Bowling Green!

Posted by Meredith Wadlington at March-24-2009 11:08 PM
Excellent!
We partied hard at our chapter meeting tonight in celebration of the EPA's decision to put a hold on MTR permits. This a huge step forward but we the fight is still not over. This is evidence that the eradication of coal in America is not out of reach!

The road to sustainable energy is a long a daunting one...but for now, the conga line dances on in BG. Way to go, freedom fighters across Appalachia!

MTR

Posted by Leon Wood at March-25-2009 06:39 AM
Since 1990 there has has only been 4 MTR permits issued in the state the last one in 2002. So what has this stopped nothing. Mining will continue as it always has. The upside to this is this fake scare will ensure raising prices in coal and make more seams econincal to mine thus making mining more profitable than ever. So I would think the coal companys would like to thank you for efforts so they can continue to have a very bright future.

What about other Developments?

Posted by Todd at March-25-2009 10:05 AM
Roads, city expansions, shopping centers and housing Development. I wonder if the EPA will act in reviewing these industries with the same intensity as mining. Will KFTC sit idly by and chalk these industries up to Progress?

what do you think

Posted by F at March-25-2009 11:31 AM
how do you think they will do about the progress valley fills.

THATS PROGRESS is what they will say.

any one hiring a hard working coal miner?

EPA Correction Statement

Posted by Leon Wood at March-25-2009 10:34 AM
Following reports that mischaracterize actions taken by the U.S.
Environmental Protection Agency (EPA), agency press secretary Adora Andy today issued a statement regarding mining permit applications:

The Environmental Protection Agency is not halting, holding or placing a moratorium on any of the mining permit applications. Plain and simple.
EPA has issued comments on two pending permit applications to the U.S.
Army Corps of Engineers expressing serious concerns about the need to reduce the potential harmful impacts on water quality. EPA will take a close look at other permits that have been held back because of the 4th Circuit litigation. We fully anticipate that the bulk of these pending permit applications will not raise environmental concerns. In cases where a permit does raise environmental concerns, we will work expeditiously with the Army Corps of Engineers to determine how these concerns can be addressed. EPA's submission of comments to the Corps on draft permits is a well-established procedure under the Clean Water Act to assure that environmental considerations are addressed in the permitting process.

COAL MINING IS OUR FUTURE!

Posted by David at October-09-2009 04:02 AM
I am a 4th generation coal miner from Ky, you guys, the EPA moan and groan about surface mining, water, and global warming. Have you ever been on a reclaimed mine site? have you saw the reconstrucion? have you saw the wildlife? Surface Coal Mining does not harm the enviroment, it provides BADLY needed jobs to this area. What else is there around here? the gas company? how hmm how many ppl do the gas company need? oh you preach Education? how can someone afford a education how can someone thats been doing this their whole life that has families that depends on them go back to school? Without Coal Mining our economy would be in worse shape than it is today, look at the Unemployment rates as of today due to lay offs. Think of your Electricity rates if coal mining was to vanish Coal is the cheapest way to produce electricity, yet you shove windmills down someones throat, nuclear tech. which causes cancer, soloar energy. What happens when the wind dont blow and its a cloudy day yeah sure they have batteries and generators but tell me this, how long would that hold up when its supplying how many homes? Yet, you want to bash coal mining, to the Obama Admin. KFTC, and to the EPA i personaly have never saw anything wrong with my water i dont know where you guys come up with it that its harming our health or our water quality do you guys drink out of the creek? instead of trying to take men and womans jobs you need to be checking your own water quality seams to me that you do have bad water and its nothing that a coal mine caused. You guys really need to take in deapth what coal mining does for us JOBS! CHEAPEST POWER RATES IN THE NATION! PROVIDES LAND FOR BUSINESS,PRISONS HOSP. SCHOOLS ETC. COAL SEVERANCE TAX TO BUILD ROADS, SCHOOLS HOSP. ETC. and here is a key part without blue collerd working men and woman how can the people on the state check and welfare get their checks? im sure you guys and Barak Obama are going to give them a hand out? another key When Coal Mining shuts down then EVERYONE is out of work from the mines, not only the mines but truck drivers equip. companies, tire companies, pressure washing companies, hmm i could keep going how is the local businesses going to survive, i hate to tell you but without business their wouldnt be a Wal-Mart K-Mart Food City, everything would be gone, unless of course you guys have enough money to keep all the men and woman and their familes up in groceries and pay their bills. I hope i have gotten my point across and if you have any questions or comments FEEL FREE TO E MAIL ME! COAL KEEPS THE LIGHTS ON! COAL KEEPS FOOD ON THE TABLE! AND COAL IS THE REASON SOME OF YOU GET YOUR MONTHLY CHECKS IN THE MAIL!