United States
Environmental Protection
Agency
EPA Region 3
Philadelphia, PA
Public Comment Compendium
Mountaintop Mining/Valley Fills
in Appalachia Final Programmatic
Environmental Impact Statement
October
2005
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Volume II
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Table of Contents
VOLUME I
INTRODUCTION 14
SECTIONA
Elected Officials
The Honorable Frank Pallone, Jr., United States House of Representatives.
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Federal Agencies
James EDevine, United States Department of the Interior.
Paul Joe, Department of Health & Human Services
Theresa Presser, United States Geological Survey
State or Commonwealth Agencies „..........„.,
Betsy Child, Tennessee Department of Environment and Conservation ....
Donald Dott, Kentucky State Nature Preserves Commission
Herbert Harper, Tennessee Historical Commission
Robert Logan, Kentucky Natural Resources and Environmental
Protection Cabinet, Department for Environmental Protection
Aubrey McKinney, Tennessee Wildlife Resources Agency
Michael Murphy, Virginia Department of Environmental Quality
Paul Rothman, Kentucky Environmental and Public Protection Cabinet .....
LaJuana Wilcher, Kentucky Environmental and Public Protection Cabinet
Joanna Wilson, Virginia Department of Historic Resources
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Organizations
Tina Aridas, Mountain Redbird Music
James Baker, Sierra Club — Tennessee Chapter
Sherman Bamford, Virginia Forest Watch
Lawrence Beckerle, West Virginia State Chapter of Quail Unlimited .
Teri Blanton, Kentuckians for the Commonwealth
Jason Bostic, Joint Coal Industries
Craig Breon, Santa Clara Valley Audubon Society
Michael Carey, Ohio Coal Association
Greg Conrad, Interstate Mining Compact Commission
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Kent DesRocher, West Virginia Coal Association A-226
Randy Dettmers, Partners in Flight A-229
MarkDonham,Heartwood A-231
Jenny Dorgan, Alabama Environmental Council A-232
Ralph Dunkin, West Virginia-Western Maryland Synod of theELCA A-232
Lawrence Emerson, Arch Coal Inc , A-233
Tom FitzGerald, Kentucky Resources Council A-297
Anthony Flaccavento, Appalachian Sustainable Development A-297
Friends of the Little Kanawha A-298
Grattan Gannon, Erris Co. LLC A-299
Liz Garland, West Virginia Rivers Coalition A-299
Scott Gollwitzer, Appalachian Voices A-300
Bill Gorman, Mayor of Hazard, Kentucky A-301
Sandra Goss, Tennessee Citizens for Wilderness Planning A-304
James Hecker, West Virginia Highlands Conservancy and
Ohio Valley Environmental Coalition A-305
VOLUME II
Catherine Holtkamp, Congregation of Divine Providence A-536
Renee Hoyos, Tennessee Clean Water Network A-536
Mary Hufford, University of Pennsylvania A-537
Carolyn Johnson, Citizens Coal Council A-542
John Jones, Alpha Natural Resources A-544
Thomas Kelly, Catholic Conference of Kentucky A-545
Kentuckians for the Commonwealth A-546
Kevin Knobloch, Union of Concerned Scientists A-552
Steve Krichbaum, Wild Virginia A-553
Frances Lamberts, League of Women Voters of Tennessee A-556
Joseph Lovett, Appalachian Center for the Economy and the Environment A-305
Meg Maguire, Scenic America A-559
Mary Mastin, Sierra Club A-560
Landon Medley, Save Our Cumberland Mountains, Inc A-562
VinceMeleski, Wild Alabama/Wild South A-589
Amanda Moore, Appalachian Citizens Law Center, Inc A-590
Bryan Moore, West Virginia Council of Trout Unlimited A-591
Joan Mulhern, Earthjustice et al A-592
Diana Mullis, Potomac Valley Audubon Society A-603
Janice Nease, Coal River Mountain Watch A-604
Robbie Pentecost, Catholic Committee of Appalachia A-606
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Table of Contents
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Bob Pereiasepe, National Audubon Society A-607
Judith Petersen, Kentucky Waterways Alliance A-608
Bill Price, Sierra Club—Appalachian Region A-611
AndiPutman, A Lasting World A-614
Ciody Rank, West Virginia Highlands Conservancy A-615
DoiwldRatliff, Enterprise Mining Company, LLC A-616
Robert Reid, Alabama Audubon Council, etal A-617
Virginia Reynolds, Tennessee Ornithological Society, et al A-618
Richard Seeley, Glendale-LaCrescenta Advocates A-625
Francis Slider, West Virginia Chapter of the Sierra Club A-626
Seth Shteir, San Fernando Valley Audubon Society A-626
John Snider, West Virginia Coal Association A-627
John Spahr, Virginia Society of Ornithology and August Bird Club A-629
Stephen Stewart, Seven Hills Birdwatchers A-634
Vivian Stockman, Ohio Valley Environmental Coalition A-639
Carol Stoddard, The Garden Club of America A-725
Jean Sullivan, Redbud Family Health Center A-725
Mike Tidwell, Chesapeake Climate Action Network A-726
United Mineworkers of America A-727
Charles Wakild, Progress Energy A-730
Jason Wandling, West Virginia Chapter of the National Lawyers Guild A-731
Tony Whitaker, Hazard/Perry County Chamber of Commerce A-734
Gerald Winegrad, American Bird Conservancy, etal A-734
Citizens , ,A-844
Michael Abraham A-845
David Brandon Absher A-845
MarkAbshire A-846
Lorraine J. Adams A-847
Knox Adler A-847
GeertAerts A-848
LeeAgee A-848
Sandy Ahlstrom A-849
Julie Alaimo A-850
George & Frances Alderson A-850
Jonathan Alevy A-851
Deborah C.Allen A-851
Christopher Ambrose A-852
Christopher Anderson A-852
Anonymous
Anonymous
Anonymous
Julie Amngton
Gordon Aubrecht, n,
Harvard Ayers
Janet Ayward
JimBaird
Ray & Arlene Baker.,
Isabel Balboa
Jessie Ballowe
Carl Banks
Israel Baran
Richard Baskin
Susan Bechtholt
LawrenceBeckerle ...
Barbara Beer
TriciaBehle
Bob Bell
Gordon Bell
Vaughn Bell
Joe Bergeron
David Berkland
Michael Bialas
Bonnie Biddison
Charles Biggs
CathieBird
Stephanie Blessing ..
RuthBleuni
MargaretBlock
KathrynBlume
Julia Bonds
Douglas Boucher
Brian Bowen
Deborah Bowles
GayleBrabec
Mary Beth Bradley ...
JuIiaBrady
Sandra Brady
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MTM/VF Draft PEIS Public Comment Compendium
Table of Contents
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Matthew Branch A-896
Lee Bridges A-896
Dede Brown A-897
LeeAnn, George, Emily & Sarah Brown A-897
Shale Brownstein A-898
Mike Brumbaugh A-898
MarkBruns A-899
StephenBull A-900
DougBurge A-900
MarkBurger A-901
Gail Burgess A-901
Moss Burgess A-902
Linda Burkhart A-903
JudyBurris A-903
Rick Cameron A-904
Beth Campbell A-905
Ruth Campbell A-905
Pauline Canterberry A-906
Nancy Carbonara A-906
Enid Cardinal A-907
Mary Lou Carswell A-908
Jenny Casey A-908
SidniCassel A-909
DonCassidy A-910
Philip Castevens A-910
Billy Caudill A-911
Herman Caudill A-911
Therma Caudill A-912
Dan Chandler A-912
Dorsey Channel A-913
John Chase , A-913
TJ. Chase A-914
Louise Chawla , A-914
Robert Cherry A-916
Arthur Childers A-916
Susan Cho A-917
Martin Christ A-917
Jerry Ciolino A-918
Matthew Cleveland A-918
John & Tammy Cline
Sister Mary Brigid Clingman,
Jerry Coalgate
MarleneCole
Marian Colette
Michael Compton
James Conroy
Peggy Conroy
David Cooper
Kennon Copeland
Ruby Corbin
Jennifer Cox
John Cox
James Crabb
Ryan Crehan
Kathy Cross
April & Jeff Crowe
Kate Cunningham
Marilynn Cuonzo
Janet Dales
Mick Daugherty
Bongo Dave
Eric Davis
William Dawson
Elmer & Angela Dobson
B.Dominey
Gail Douglas
Linda Downs
Waneta Dressier
Phoebe Driscoll
Morris Dunlop
BillDwyer
Craig Edgerton
Edgar Edinger
lierEdinger
Dave Edwards
Robert Eggerling
Susan Eggert
ClaraElse
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Table of Contents
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Susan Emberley A-951
Julie Emerson A-952
LindaLeeEmrich A-952
Kathleen Enders A-953
Nancy Erps A-953
Craig Etchison A-954
Karen Eva A-955
Alice Evans A-955
Gaye Evans A-956
McNairEzzard , , A-956
PeteFarino A-957
EstelleFein A-958
Robert Fener A-958
Denise Ferguson A-959
Steve Fesenmaier A-960
Arthur Figel A-960
Patrice Fisher A-961
Gerry & Louise Fitzgerald A-961
Anthony Flaccavento A-962
Agatha (Betty) Fleming A-962
Catherine Fleischman A-963
Marsha Fishman A-963
Janet Fout A-964
Winnie Fox A-%7
Luther Franklin A-968
TimFrasine A-%8
Vincent Frazzetta A-969
SuzanFrecon A-969
Barbara Fredrickson A-970
RachelFrith A-970
DonGaines A-971
PashGalbavy A-972
Francis Gallagher A-972
Marie Gangwish A-973
Steven Gardner A-973
Dawn Garten A-975
NiallGartlan A-976
LydiaGarvey A-976
Glenn Gaskill A-977
Suzanne Gayetsky
MaryGee
Melissa Gee
Ms. Gee
DanGeiger
Andy Gelston
Mike George
Meagan Gibson ,
Larry Glen ,
Christopher Goddard ...
GayGoforth
Crystal Good
Donny Good
Joanne Granzow
Katherine Green
Margaret Gregg
Robert Gipe
Karen Grubb
Robert Hallick
Etnilie Hamilton
HannJ
KarlHanzel
Alice Hardin
Jerry Hardt
BillHardy
Roy Earless, Jr.
Ronda Harper
MarkHarris
EricaHarvey
Tracy Hasuga
Marlon Henn
DanHensley
Robert Hensley
J. Michael Herr
Caroline Hice
Susan Hickman
Sanford Higginbotham.
MonieaHill
Marty Killer
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MTM/VF Draft PEIS Public Comment Compendium
IV
Table of Contents
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DanitaHines A-1000
Robert Hiser A4001
PaulHodder A-1001
Sharon Hodges A-1002
Steve Hodges A-1002
Andy Hodgman A-1003
Karen Holl A-1003
MarkHomer A-1004
JohnHoneck A-1005
John Hopkins A-1005
Patricia Hopkins A-1006
Pierre Howard A-1006
ReneeHoyos A-1007
Patrick Huber A-1007
Barbara Hutchinson-Smith A-1008
Martha Hutson A-1009
Carole Hyre A-1009
Robert lies A-1010
Michael Jablonski A-1010
Donnie Jackson A-1011
Gordon James A-1011
Roberta James A-1012
Phyllis Jenness A-1012
John Jodine, Jr A-1013
Emily Johnson A-1014
Jane Johnson A-1014
John Johnson A-1015
Andrew Jones A-1015
Deborah Jones A-1017
Lora Jones A-1017
Mary Lou Jones A-1018
Tim Jones A-1019
Richard Jorgensen A-1019
Tom Joy A-1020
Edward Kadane A-1021
RayKamstra A-1021
DanKash A-1022
Barry Katzen A-1022
ErinKazee A-1023
Robert Keiilbach
Mary Corsi Kelley
Cindy Kendrick
Oren Kennedy
Carol Anne Kilgore
Sterling Kinnell
Laura Klein
Jennifer Knaggs
GerriKolesar
Vanessa Kranda
JudKratzer
Scott Kravitz
TomKruzen
Glenn Kuehne
Kara Kukovich
Kenneth M. Kukovich
JohnL
Alexandra Lamb
SloaneLamb
Melissa Lambert
DeniseLamobaw
Jackie Lancaster
Susan Lander
Jennifer Lantz
TimLarrick
Jessica Lavin
Phyllis Law
F.Carey Lea
Elaine Leach
Carole Levenson
IgalLevy
Elizabeth Lewis
NormaLewis
TomLewis
BettaLeyland
EricLillyblad
JoanLinville
JoeLinville
Nannie Lin ville
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Table of Contents
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Curt Livingston, Sr.
Julie Longman-Pollard
Sherry Lorenz
David & Marsha Low
Benjamin Lowman
LoisLudwig
Tom Luther
Grace Glaser-Lynch & Thomas Lynch.
Ann Lyrmworth
LawrenceLyon
Malcolm MacPherson
Andy Mahler
Craig Mains
O. Mandrussow
Cadi Mareneck
Peter Mareneck
RogMarjay
Thomas Marshalek
Martin ,
Julia Martin
Julian Martin
Namon Martin
Rev. Mary Me Anally
James McCarthy
DoraMcCarty
ErikaMcCarty
Kerry McClure
Chelena McCoy
Harold McCurdy
Howard McPann
John McFerrin
Scott McGarrity
Carol McGeehan ...
M. McGeorge .....
Margaret McGinnis
Judith McHugh
Meagan McKay
Catherine McKenzie
Bonnie McKeown
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CatheMcLaughlin A-1077
Corinna McMackin A-1078
Elizabeth McMahon A-1079
James &CarlaMcMillin A-1079
Janet McReynolds A-1080
Shawn Meagher A-1081
Colby Mecham A-1082
Elaine Melnick A-1083
Barbara Mendelsohn A-1083
VOLUME III
Ricardo Mendez A-1084
Barbara Menendez A-1084
ZinaMerkin A-1085
Jennifer Merrick A-1085
Robert Mertz A-1086
James Mesich A-1088
Teresa Mesich A-1088
Alissa Meyer A-1089
Judy Meyer A-1090
Greg Miles A-1094
Sue Miles A-1094
Leon & Lucille Miller A-1095
Mark Miller A-1096
Mary Miller A-1097
RobinMills A-1097
Phyllis Mingo A-1100
Georgia Miniard A-1100
Steve Mininger A-1101
CarolMintz A-1102
Jonathan Mirgeaux A-1102
Denver Mitchell A-1103
Keith Mohn A-1109
Wm Montgomery A-1110
John Mooney A-1110
MaryheaMorelock A-llll
B.Morgan A-1112
Mark Morgan , A-1112
Jeffrey Morris A-1113
MTM/VF Draft PEIS Public Comment Compendium
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Robert Moss A-1114
Robert Mueller A-1115
David Muhly A-1116
Dr. Mendi Mullett A-1117
Cory Munson A-1118
Mark Murphy A-1119
Sheldon Myers A-1119
Grace Naccarato A-1120
Susan Nadeau A-1120
Patricia Napier A-1132
Ann Nelson A-1133
Nanette Nelson A-1134
Paul Nelson A-1135
Denis Newbold A-1145
Mike Newell A-1147
BradNewsham A-1148
Duane Nichols A-1148
Karl Norton A-1149
Jason O'Brian A-1149
Mary O'Brien A-1150
Sandra O'Hara A-1151
Peggy O'Kane A-1151
Ethel Oldham A-1152
Russell Oliver A-1152
Steven Olshewsky A-1153
Tony Oppegard A-1153
Marilyn Qrtt A-1154
Clark Orwick A-1155
AmandaO'Shea A-1155
JimOttaviani , A-1156
Judy Otto A-1157
Jon Owens A-1157
AletaPahl A-1158
Lori Parsley A-1158
Lynn Partington A-1159
MaryPasti A-1160
Cynthia Patterson & Peter Schrand A-1161
LeiterPatton A-1161
JeronePaul A-1162
K.Payne
Karen Payne
Ray Payne
Elizabeth Peelle
Joan Peoples
Dolores Perez
Candice Peters
Ian Petersen ,
Denise Peterson
Jan Peterson
Susan Peterson
Dean Petrich
Deborah Pettry
Amelia Pickering ,
Joseph & Helen Pickering.
Joseph Presson
Andrew Price
Donna Price
Penie'LeeProuty
SeanQuinlan
Christine Rafal
TeresaRafi
Linda Rago
Mary Ramsay ,
Jan Randall
Kevin Randall
M. Rauen
John Rausch
LisaRayburn
EricRechel
PatriciaReed
Linda Reeves
Dylan Reid
Richard Reis
DavidReister
JordanReiter
John Reppun
Michelle Reynolds
James Richard
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Nancy Riley A-1187
Paul Robertson A-1188
Richard Robertson A-1188
Tom Robertson A-1189
Gail Roc A-1189
Hugh Rogers A-1190
Ruth Rogers A-1190
Michael Romo A-1191
DebraRookard A-1192
Ruth Rosenthal A-1193
June Rostan A-1194
Greg Roth A-1194
Lionel Ruberg A-1195
Stephen Rudolph A-1195
Steve Rutledge A-1196
Mark Van Ryzin A-1196
PaulSainato A-1197
Sue Ann Salmon A-1198
Manuel Sanchez A-1198
Bennett Sawyers A-1199
AshleeSaylor A-1199
Abraham Scarr A-1200
PaulSchaefer A-1200
Kenny Schmidt A-1201
Betty Schnaar A-1202
Dave Schuett-Homes A-1202
Rose Alma Schuler A-1203
Lance Eric Schultz A-1203
Lauren Schwartz A-1204
Brace Scott A-1205
William Scott A-1205
Jason Scullion A-1206
Robert Seaver A-1206
Linda Sekura A-1207
Danny Sergent A-1207
Price Sewell A-1208
Dink Shackleford A-1208
Justine Sharp A-1209
WaltSharpe A-1209
Sue Sharps
Barrett Sherwood ....
Susan Shriner
June Silverman
Willis Simms
Pat Simpson
GarySkutaik
Deana Smith
Donna Smith
EllenSmith
Eric Smith
John Smith
Jonathan Smuck
Susan Sobkoviak ....
Richard Soderberg ..
Sooner Fan
Constance Sowards
Wayne Spiggle
Daniel SpOman
Joel Spoonheim
Richard Spotts
Tom Spry
SueStaehli
Robert Stanley
Dallas Staten
Steve Stathakis
FitzSteele
Edward Stein
JimSteitz
Judith Stetson
Elaine Stoltzfus
Kathryn Stone
Sally Streeter
Joseph Strobel
Jean Strong ,
William Sullivan
Jim Sweeney
ChetanTalwalkar
Lesley Tate
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William Taylor
DarlaTewell
DeanThayer
Rose Thompson
Derek Thornsberry
Ershel Thornsberry
Mildred Thornsberry
Barry Tonning
Phillip Tracy
Roy Trent
PhilTriolo
Martha Tumquist
EllisaValoe
Mary Vassalls
Corey Vernier
Sue Vernier
Jeff Waites
Judith Walker
Bruce Wallace
Patty Wallace
David Walters
Richard Walters
Barbara Walton
Rufus ^^annins
Kenneth Warren
Holly Watkins
CleeWebb
Robert Welkle
Julya Westfall
Julia Whiteker
Gregory Wilcox
Rachel Williams
Susan Williams
Suzanne Williams
Waimea Williams
Sara Wilts
Vickie Wolfe
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Doug Wood ,
Ivan & Jean Woods
Tanya Woods
Anne Woodbury , ,
Nancy Woodward ,
Daniel Wright
Mingjane Wu
Bryan Wyberg
Eleanor Yackel
Lynn & Chess Yellott
Geoffrey Young
Walter Young
MaryYunker ,
DavidZeff
CarolZeigler
Form Letters ...........„..„.„„.
Amend the DEIS form letter — 4,156 signatories
American Rivers form letter — 4,227 signatories
Boone County form letter — 46 signatories
Community Visit form letter — 14 signatories
Destruction form letter — 65 signatories
Earth Justice form letter — 35,743 signatories
Oppose Change to Stream Buffer Zone Rule form letter — 7,168 signatories .,
tXv\**a + A*vrwi1 !-»* •*•* C1**- £ 1 *-*- A*l*i
Reduce Harmful Efforts form letter— 4,522 signatories
Restriction form letter — 5 signatories ..,....,. ..................
Sierra Club post card — 953 signatories
Stop Mountaintop Removal form letter — 9 signatories
Support Alternative 3 form letter — 18 signatories
Writing to Urge form letter — 360 signatories
SBCTIONAINDEX
Elected Officials
Federal Agencies
State or Commonwealth Agencies
...A-1298
...A- 1299
...A-1300
....A-1300
....A-1301
....A-1301
....A-1302
....A-1302
....A-1303
....A-1304
....A-1304
....A-13Q5
....A-1306
....A-1306
....A-1307
...A-1308
...A-1309
...A-1309
...A-1310
...A-1310
...A-1311
...A-1311
AI^IO
...A-1313
A 111^
...A-1314
...A-1314
A-T?15
...A-1316
A-1316
...A-1317
...A-1317
...A-1318
1
1
1
MTM/VF Draft PEIS Public Comment Compendium
IX
Table of Contents
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Organizations
Order by Author
Order by Organization.
Citizens
Form Letters
SECTIONB ,„..,„, .
Kentucky Afternoon Session [[[
Jeff Coker, facilitator, Kentucky afternoon session, opening comments
Dink Shackelford, Virginia Mining Association
Bill Caylor, Kentucky Coal Association
Rebeca Mullins, private citizen
Bennett Sawyers, private citizen
Lonnie Starns, private citizen
DonaldRex Napier & John Blankenship, private citizens
Harlan Farler, Jr., private citizen
John Ledington, private citizen
Dave Mockabee, private citizen
Roger Jones, private citizen
Leonard W. Davis, private citizen
Harry Fields, private citizen
Paul David Taulbee, private citizen
Keith Mohn, private citizen
Larry Roberts, private citizen
Lawrence Joseph, Jr., private citizen
Gary Earned, private citizen
Charles Reed, private citizen
Carl Ramey, private citizen
Bernie Faulkner, private citiezn
Steve Gardner, private citizen
Don Gibson, private citizen
Paul Matney, private citizen
Bill Gorman, mayor of Hazard
Ackra Stacy, private citizen
Michael Joseph & Columbus Heath, private citizens
Doris Brewer, private citizen
Earl demons, private citizen
Russell Oliver, private citizen
Joe Evans, private citizen
Rick Johnson, private citizen B-42
1 David Wilder, private citizen B43
2 Robbie Pentecost, Catholic Committe of Appalacia B-44
3 Everett Kelly, private citizen , B-46
.... 10 Robert Zik,TECO Coal B^I6
John Rausch, Catholic Diocese of Lexington, KY B47
.. B-l Tom Wooton, private citizen B48
..B-2 David Creech, private citizen B49
.. B-3 Brian Patton, Starfire Mining Co B-50
...B-6 Jimmy Jackson, UMWA and Local 5890 B-52
...B-8 Andy Willis, private citizen B-52
.B-10 Leslie Combs, private citizen B-53
.B-ll Mike Hansel, private citizen B-54
. B-12 Paul Johnson, private citizen B-55
.B-12 Ben Perry, private citizen B-56
.B-13 Meg Moore, Kentuckians for the Commonwealth B-58
.B-13 Paul Lyon, Mineral Labs, Inc B-60
.B-14
. B-15 Kentucky Evening Session[[[ B-61
. B-16 Jeff Coker, facilitator, Kentucky evening session, opening comments ............... B-62
. B-17 Betty M. Hagen, Kentuckians for the Commonwealth B-66
. B-18 Ruth Colvin, Kentuckians for the Commonwealth B-66
.B-20 Patty Wallace, Kentuckians for the Commonwealth B-67
. B-21 Dan Kash, Kentuckians for the Commonwealth B-O
.B-22 Randall Moon, private citizen B*69
.B-23 Jessie Collins, private citizen B-70
.B-25 Maynard Tetreault, private citizen B-71
. B-26 Dave Cooper, Kentuckians for the Commonwealth
.B-27 and the Sierra Club B-73
.B-29 Joyce Wise, Kentuckians for the Commonwealth B-75
. B-30 Kaseana Jones, private citizen B-76
.B-32 Ten Blanton, Kentuckians for the Commonwealth ...B-76
.B-34 Lyle Snider, Kentuckians for the Commonwealth B-78
.B-35 Amanda Moore, Appalachian Citizen Law Center B-79
.B-36 Ted Adams, private citizen B-81
.B-37 Rocky Gay, private citizen B-84
.B-38 Bruce Blair, private citizen B-85
.B-40 Gregory Burnett, private citizen B-87
.B-41 Lisa Conley, private citizen • ...B-87
MTM/VF Draft PEIS Public Comment Compendium
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J.W. Bradley, Save Our Cumberland Mountains B-89
Kathy Bird, Save Our Cumberland Mountains B-90
Charles Blankenship, private citizen B-92
Doug Dorfeld, Kentuckians for the Commonwealth B-93
Michael Riley, private citizen B-94
Brent Boggs, private citizen B-96
Anthony Jones, private citizen B-96
Jim Sidwell, private citizen B-97
Levon Baker, private citizen B-98
444, private citizen B-99
Tom Jones, East Kentucky Corp B-101
Dewey Gorman, Hazard Coal Corp B-1Q2
Phillip Estep, Miller Brothers Coal B-104
James Detherage, Twin Energies B-1Q5
Denny Noble, county judge for Perry County , B-1Q5
Steve Gardner, private citizen B-106
ElishaAbner, private citizen B-108
Daniel Mongiardo, state senator for Perry, Bell, Harlan, and Leslie Counties B410
Brandon Smith, state representative, 84th B4U
Charles Everage, B & C Trucking B-115
Bill Caylor, Kentucky Coal Association B-117
FitzSteele, private citizen B-119
Randy Wilson, private citizen B-12Q
Larry Keith, private citizen B-122
Wesley Harvey, private citizen B-122
Simmy Ray Bolen, private citizen B-124
West Virginia Afternoon Session ...,....„—...... ........................................... B-126
Mark Taylor, chairman, West Virginia afternoon session, opening remarks .. B-128
B ill Rainey, West Virginia Coal Association B432
Ted Hapney, United Mine Workers of America (UMWA) B-135
Wesley Hall, private citizen B-137
Jeremy Muller, West Virginia Rivers Coalition B-138
Cindy Rank, Friends of the Little Kanawha (FOLK) B-140
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC) B-142
Liz Garland, West Virginia Rivers Coalition B-144
Sandi Lucha, private citizen B-145
Frank Young, West Virginia Highlands Conservancy B-146
Wayne Coleman, private citizen B-148
Carol Warren, WV Council of Churches B-150
Jack Henry, private citizen B-152
Diana Wood, private citizen , B-154
Natalie Spencer, private citizen B-157
John Metzger, private citizen B-159
Randy McMillion, private citizen B-161
Karen Keaton, private citizen B-162
Terry Brown, private citizen B-162
Doug Waldron, private citizen B-163
Mike Vines, private citizen B-164
Jeremy Fairchild,Fairchild International B-165
Andy Ashurst, private citizen B-167
Lee Barker, private citizen B-167
Larry Keith, private citizen B-169
Robert Wilkerson, private citizen B-171
Fitz Steele, private citizen B-173
Luke McCarty, private citizen B-175
William Runzon, private citizen B-178
Benny Dixon, private citizen B-179
Mike Comer, private citizen B-180
Nelson Jones, Madison Coal Supply B-181
Bob Gates, private citizen B-182
Corky Griffith, private citizen B-183
Ed Painter, private citizen B-184
Warren Hilton, private citizen B-186
West Virginia Evening Session B-189
Mark A Taylor, chairman, West Virginia evening session, opening comments B-191
Mary Ellen O'Farrell, West Virginia Envrionment Council B-196
Chris Hamilton, West Virginia Coal Association B-197
Scott Gollwiteer, private citizen B-199
Larry Emerson, Arch Coal, Inc B-201
Bill Gorz, Earth First B-203
Nick Carter, Natural Resource Partners &
National Council of Coal Resource B-206
JohnR. Snider, Arch Coal, Inc B-207
Kent DesRocfaer, private citizen B-209
Randall Maggard, Argus Energy B-212
Michael A. Morrison, private citizen B-213
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Table of Contents
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Julia Bonds, private citizen B-214
Lawrence Beckerle, private citizen B-216
Nanette Nelson, Coal River Mountain Watch B-219
Larry Maynard, Delbarton Environmental Community Awareness Foundation ... B-222
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC) B-223
Larry Gibson, private citizen B-225
Mian Martin, WV Highlands Conservancy B-226
Janet Fout, Ohio Valley Environmental Coalition (OVEC) B-229
James Maynard, private citizen B-231
Donna Price, Coal River Mountain Watch B-232
Frieda Williams, private citizen B-233
Bill Price, Sierra Club of Central Appalachia B-234
Pam Medlin, private citizen B-236
Winnie Fox, private citizen B-237
Patty Sebok, private citizen B-239
Janice Neese, Coal River Mountain Watch B-240
Chuck Wyrostok, Concerned Citizen Coalition B-242
Marian Miller, private citizen B-244
Pauline Cantebury, town of Sylvester B-246
Mel Tyrce, private citizen B-248
Bill McCabe, Citizens Coal Council B-250
Florence Twu, private citizen B-251
Abraham Mwaura, private citizen B-252
Connie Lewis, WV Environmental Council B-254
Paul Nelson, private citizen B-257
Monty Fowler, private citizen B-258
Denise Giardina, private citizen B-260
Jason Bostic, West Viriginia Coal Association B-261
John Taylor, Ohio Valley Environmental Council &
West Virginia Environmental Council B-263
Fred Sampson, private citizen B-264
Leon Miller, private citizen B-266
Blair Gardner, private citizen B-267
ElainPurkey, private citizen B-2®
Sharon Murphy, private citizen , B-270
Maria Pitzer, private citizen , B-272
John Barrett, Appalachian Center for the Economy
and the Environment B-274
Lisa Millimet, private citizen B-277
Bill McCabe, Citizens Coal Council B-278
Alphabetical Order
Kentucky Afternoon Session
Kentucky Evening Session
West Virginia Afternoon Session.
West Virginia Evening Session ....
Transcript Order
Kentucky Afternoon Session
Kentucky Evening Session
West Virginia Afternoon Session.
West Virginia Evening Session ....
1
1
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,2
...3
...4
...4
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MTM/VF Draft PEiS Public Comment Compendium
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Table of Contents
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Catherine Holtkamp, Congregation of Divine Providence
Renee Hoyos, Tennessee Clean Water Network
Congregation of Divine Providence
Office of Peace and Jostfce
WGOSt Anae Drive
Melbourne, K¥ 41059
August 14,2003
•Mm Porren
U.S. EPA(36S30)
IfiSOAjtchSttwt
Philadelphia, PA 19103
Dear Mr. FOOTS:
1 oppose mountaintop removal and vulley ills ami any change in the buffet zone rule. 1 am
very concerned and, yes, angry, tet the federal govtfmroenl ignored iK own stadies when
it proposad weakening, rather than strengthening, protections for people and for lite area
in which they live. It seems that the ordinary cifeeBS of ihiscousliy tio longer const!
Big business--in this case -the coal companies have priority Is this wliat our country-is
coming to?
Whereas, 724 mtlas of streams across the Central Appalachian region were buried by valley-
fills between 1985 and 2001 and another 1200 mites of streams have already been impacted
by valley fills;
Whereas, selaaitira, a foighiy toxic metalloid, was ibasd ofcly in coalfield streams bfitow vaHey
fids killing aquatic life forms there,
Whensas, a total of 2,200 square miles of Appalachian foiests will be eliminated by 2012 by
1-9
1-10
5-7-2
5-5-2
7-5-2
Whereas without additional environment restrictions, mouivrauitop removal mining wit!
destroy an additional 600 square miles of land and 1000 miles of streams in the next decade;
How can this shameful report be jjpjoied?
'llii e= alternatives are mclixled in the E1S report. 1 reject all of these. Moos of these will
protect our water or our odrnumaWes.
Farjustice,
1-5
706 Walnut St., Suite 2(10 Knoxvflte, Tennessee 57902
office: 8fiVS?2-7W7 fax: S65/329-M22 website: www.lcwn.org
January 5, 2004
Mr. John Porren
U.S. EPA (3BA3Q)
1650 Arch Street
Philadelphia. PA 19103
r. Fnrrcn:
The Tennessee Ctean Water Network (TCWN) appreciates the opportunity to submit the following
comments on the draft programmatic Environmental Impact Statement (liS) on mounurintop removal
coal mining. TCWN is a statewide, nonprofit organization dedicated solely to protecting, restoring, and
enhancing Tennessee's waters and the communities that depend on them.
TCWN is opposed to any changes that would weaken the laws and refutations that protect our rivers and
streams from the effects of motmlaintop mining and valley fills. As a result, we arc opposed to each of
the alternatives evaluated in the May 29, 2P03 draft E1S.
Mouittaintop removal mining is a highly destructive practice where entire mountaimops art Masted away
to reach thin seams of coal underneath, and millions of tons of rock and soil arc dumped into adjacent
valleys. The practice destroys forests, leaves a barren landscape, and buries the headwaters of rivers.
which are essential to maintaining healthy, dynamic river systems. Headwater streams provide crucial
linkages between upstream watersheds and tributaries and downstream rivers and lakes. The natural
processes that occur in Intact headwater streams affect the quantity and quality of water and the liming of
water availability in rivers, lakes, and grotmdwater. These processes, which aa1 integral to functioning
ecosystems, are also crucial to human well-being. The upper reaches of steam networks an: important for
purifying water, storing water, recharging groundwater. and reducing the intensity and frequency of
flooding.
The draft HIS contains Indisputable evidence of the devastating and irreversible environmental harm
caused by moantatntop mining. The administration's own studies have detailed the devastation,
including:
- over 1 200 miles of streams haw been damaged or destroyed by mounlaimop removal
- direct impacts to streams would be greatly lessened by reducing the size of the valley fills where
mining wastes are dumped on top of streams
- the total »f past, present and estimated future forest losses is 1.4 million acres
1-10
1-9
Catherine M. H0Hkam|3
r - GfBee of Peace and Justice
'x Waters etftd thu Cnmunumtten liu
MTM/VF Draft PEIS Public Comment Compendium
A-536
Section A - Organizations
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Mary Hufford, University of Pennsylvania
- even if hardwood forests can be reesmblished in mined tress, which is unproven and unlikely, there
will he a drastically different ecosystem from pre-rriimag forest conditions for generations, if not
thousands of years
- without new limits on mountaintop removal, an additional 350 square miles of mountains, streams,
and forests will be flattened and destroyed by mountaintop removal mining.
Other agency studies also show that mountaintop mining contributes to flooding disasters in mountain
communities.
Unfortunately, each of the alternatives in the draft EIS ignores the findings of these studies and the very
purpose ol the EIS - to find ways to minimize, to the maximum extent practical, the environmental
consequences of mountaimop mining. The draft EIS does not examine a single alternative that would
reduce these impacts. The draft KB proposes no restrictions on the sis-e of valley fills that hury streams,
no limits on the number of acres of forest that can be destroyed, no protections for imperiled wildlife, and
no safeguards for the communities of people that depend on the region's natural resources for themselves
and future generations.
The "preferred alternative" would clearly increase the damage from mountaintop mining by eliminating
the Surface Mining Control and Reclamation Act's buffer zone rule that prohibits mining activities that
disturb any area within 1 (X) feet of larger streams, eliminating the current limit on using nationwide
permits to approve valley fills in West Virginia that are larger than 250 acres, and giving the Office of
Surface Mining a significant new role in Clean Water Acl permitting for mountaintop mining (a fole it
does not have under current law).
Our environmental laws require, and the citi/cns of the region deserve, a full evaluation of ways to reduce
the unacceptable impacts of mountaintop mining. TCWN urges EPA to abandon the "preferred
alternative" and to reevaluate a full range of options that will minimize the enormous environmental and
economic damage caused by mountaimop mining and valley fills.
Thank you for your consideration.
Sincerely,
Rene"e Victoria Hoyos
Executive Director
1-9
1-5
1-10
1-5
)Penn
Arts £sf Science JSEC'D M 8 7'
Ctnter for Folklore and Ethnography
Gnsduate Program jn Foik1o« and Mkiife
391 lagan H»u
249 Sou® 36th Stwet
Hiiladclpbra, PA 19104^6304
Tel 21S.898.7352 Fax215,5^J23i
DK^sbea- 28,2003
John Forrea
U.S. EPA (3BA30)
ISO Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
I want to thank you and the metabas of the BIS stewing commitae for the
opportunity to comment on trie Daft ProgramnMtlc Environmental Impact Statement on
Mouatalntop Mtauig/Valley Fills to Appalachjt, aafl for extending the review period
until January 6,2004. My comment* are based on more than » decade
-------
commons of air and water ereutote ttou^iall of us, and though food so do Ox
commons of sot and biodiversity. It is a matter of public health to safeguard these public
goods. But just as critically, these material goodt anchor and unite as collectively as
dtizemwi!hastakeinthesegood%tiotJ!istMC08sumersofcoal. At the national level,
these streams ground and streBghen us as a potty. At the local level, the headwaters are
integral to the historical and cultural landscapes that nurture cottanuJHty life. As &
democratic polity it is in our best interest to sustain the resources ttat strengthen local
presence in the national public sphere.
To appreciate just one of tile ways in which headwaters uniquely form local
cultural resources, consider the names for these headwaters. Nearly every wrinkle in the
mountains bears a local name, which serves as a reminder of gcnealogicaJ, historical, and
ecological procestes: Walnut Hollow, Mil Hollow, Scteothouse Hollow, Sugar Camp
Hollow, Seng Branch, Bear Hollow, Ofcteas Hollow, mA to forth. These names, which
are household words in local conversations, situate people as citizens of the mountains
who rely on the headwaters for a variety of services, which I'll consider below.
Fostering shared identity, these public goods, the headwaters, are cultural resources, and
they are also civic resources. They represent generations of human investment in making
the rnountains a place to live and work, and this investment r.eeds to be weighed against
the investment that coal companies have made, without benefit of public debate, in giant
machinery that is ill-fitted to mountain ecologies.
10-2-5
Defining Cultural Resources
In this regard, I would argue for expanding the definition of cultural resources in
your glossary. Cultural resources are those which nurture collective identity, serving as
touchstones to a shared history and a continually emerging sense of shared destiny.
Cultural resources provide communities with a sense of continuity despite ongoing
ruptures (including natural death, economic crisis, war, ecological disaster), and they
provide communities with the visibility they need to represent themselves in larger
political bodies. In this vein, mountains serve as cultural resources for citizens living in
the mountains, since mountains firm the medium through which communities develop a
shared identity (tence the state's motto: "MoonMtaeers are always See.*;. Another word
for such a public good is "commons," Participants m the commons share understandings
of the importance of the public goods of streams and biodiversity and their relationship to
the plateau topography of Central Appalachia. Land and mineral companies defend their
tight to destroy these goods over the rights of their aei^jbora to enjoy the economic and
cultural benefits provided by these goods. These ted and mineral companies have placed
themselves and their coal beyond the reach of toe public commons for the purpose of
controlling the tndosiire the}'have created around coal. Because the enclosure of coal
and the commons of the mountains occupy the same physical space, and because both are
arguiibiy of value to die public good, safeguarding the stream bufl'er zone is a critical
cultural and political issue: tie stream buffer zone anchors rise citizens of the United
States within tie ettctosures of coal. The stream bufifer zone is the common* that the
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Section A - Organizations
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citizens of the United States are being asked to allow industry to privatize in the draft
BIS.
We Gulf between DacripttoH of Resources and Alternatives In the Drttft SIS
AKhouj^i in the descriptive portions of the BIS you begin to address what is
culturally and ecologically at stake with tins buffer zone, you do not provide an
alternative that safeguards lie headwaters. You describe the mixed mesophytic forest and
the cove hardwoods as world class resources, you register the extraordinary diversity of
invertebrates mi amphibians, and you explicitly express amazement at the diversity of
birds. But while you begin to address what is culturally significant, you have not put it
together in a way that clarifies the true cost of the loss of these public goods ia relation to
the very short term gains of raouataintop routing. You do make it clear that the forest and
its species thrive on the cove sad valley topography that tsountaintop mining will destroy
and replace with landform complexes. You make it dear that this loss is irreversible and
that it will have profound cultural impacts. But you have not specified in the alternatives
a foture that involves sustaining mountains and culture together. You have not articulated
a process for any kind of alternative development, as such alternatives are prescribed in
the National Environmental Policy Act (NEPA).
Cultural Implications of the I-Jinguage of the Draft EIS
Language, a cultural resource, is a powerful too! for shaping reality. When, for example,
you speak to the BIS of "the moantaiatop mining region," yon appear to Sivor industry
by conceding the region to them. With tliat in mind, I want to question other uses of
language in the Draft EIS, which ultimately support the goals of the coal industry over
other options which are supposed to be udder consideration The glossary exemplifies
1-13
10-2-5
my point Moat of the terms in the glossary support the impression that Central
Appalachia is the nmuntaintop mining region, not, for instance, the ginseng region or the
mixed mesophytic region, which would be equally valid designations. la its &vor, the
glossary does give us a sense of the components of the "land foftrt complexes" that the
coal industry proposes to install on the Central Appalachian plateaus These landform
complexes win be created through processes like "backfilling," "boxcutting," "cast
blasting," and "wing dumping." Using "dozers," "darbies," "front-end loaders,"
"hydraulic excavators," "hydroseeders," "panscrapers,"" and "dump equipment" the coal
industry will create "blanket drains," "core drains" (aka "flumes"), "center ditches,"
"beaches," "fill structures", "commercial wootHaad," "groin ditches," "perimeter
ditches," "sedimentation ponds," "support areas" and "development areas." In the
process they will have to deal wtth "bulking ftcton" "fugitive dust," "probable
hydtologic consequences." And so fcrth.
What the glossary does not do, and should do, is provide us with a All sense of
the altauative which motivates so much resistance to mountaintop removal. There are a
few terms that offer us a glimpse of the commons beyond coal - such as "acquifer,"
"biotopcat diversity," "eutaai landscape," "headwaters," and "waters of the United
States." But the inclusion of landscape features crucial to mountain life, and vulnerable to
mountaintopn!ining,wou!d help to disclose more fully the staggering cultural and social
costs of this form of mining. Such terms might include landscape features at risk (i e
"knob," "gap," "ororatag," "swale," "cove," "drain," "bear wallow," "side hollow,"
"main hollow," "rich bench," "aewground," "poplar flats," "check data") as well as
ecologcal concepts expressed in the vocabulary of the local commons ("den tree," "bee
10-2-5
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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tree," "berry patch," "ramp patch"). The uses of these terms in everyday life to the
mountains may not be familiar to many readers, and would therefore be important to
include. More terms and some definitions can be found on the TJS0S website, as well as
on the Tending the Commons website:
r^o://memon'.loc.gnv/jmrftenj/gTfm5toml/man_hjjjil. by disking an aicli fenhirea M they
have been mapped at the headwaters of the Big Coal River.
The Ideas of Dewhpmer.1, Productivity, and Tradition in the Kraft E1S
In addition to these landscape terms, there are three other terms that appear
throughout the draft EIS that 1 would like to address: "development," "productivity," and
"non-traditional forest products." Since you do not define "development" to tie glossary,
I would like to suggest, a definition drawn from lane Jacobs' The Mature of Economies:
development means "differentiation emerging from generality." Having differentiated to
the point that, as you observe, a number of headwaters boast endemic species of
invertebrates, the central Appalachian plateaus would seem to be one of the most highly
developed regions in the planet's temperate zone. In this view, mounttintop removal
represents a profound form of redevelopment. In contrast to the standardization imposed
by mountaintop removal mining, the level of development achieved through evolutionary
differentiation takes specific forms of cultorai egression as welt
As the writers of die EIS express amazement at the diversity of avifauna, I must
confess that as an ethnographer, I find the varieties of human expression in the
mountains to be equally amazing and worthy of respect. The fotklorist Lynwood Montell
observed that nearly every hollow in Eastern Kentucky has developed its own varieties of
beans, which my work in West Virginia corroborates. I am amazed at the variety of
10-2-5
forms taken by homemade implements for cultivating the soil. In feet, I have yet to
eECOunter two ginseng hoes that look exactly alike. The differentiation in these forms is a
tiny outcropping of thousands of years of human interaction with this landscape,
interactions that have yielded die knowledge and skills necessary to make the mountains
productive of human community life and values. I have not found in the draft BIS any use
of the word "productivity* which recognizes this accomplishment If you do not
recognize this kind of productivity, how can you provide for it?
Finely, 1 atn startled to see activities that have been practiced in the mountains
for thousands of years associated in the draft BIS with noa'&adl&mat forest products.
"Non-timber forest products," a term with which I am femiliar, usefully draws our
attention to the renewable productivity of forests, and to values not measurable in board
feet. Making trees productive of honey, syrup, bark, ftuit, and nuts, and nuking the
mixed roesophytic undcrstory productive is a human project that has developed through
transmission of traditional knowledge over many generations. Unless t am missing
something, terming these practices "non-traditional" seems to trivialize them. What then,
sue traditional forest products, and how have you arrived at this particular distinction?
Cultural Services Provided by Mountains ar.d Headwaters
Last spring, in aa effort to devise methods for cultural planning in mountain
communities faced with mouataiBtop removal and valley fills, fte Center tor Folklore
and Ethnography conducted a workshop with community organizer* in Pipestem, West
Virginia. In this workshop, entjfled "Getting Out of the Overburden and Onto the Map:
Cultural Assessment in the Mountatntop Removal Permitting Process" (March 2003), we
asked those assembled to identify the cultural amenities provided by tiie mountains which
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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they would like to see considered to the draft Environmental Isaacs Statement The
question prompted comments quite similar to the comments that your team gathered at its
public meetings, While these comments are amply registered in the descriptive portions
of the draft US, I don't find them to be adequately addressed in the alternatives, In an
effort to translate these comments into a useful planning tool, we tested them against a
graphic of the Mixed Mesophytic Seasonal Round, which can be viewed online at
This graphic, which shows the annual round of hunting, gathering, gardening, fishing,
recreation, community events, and employment opportunities, represents a key cultural
asset that is grounded in specific sites and species in the mixed mesophyttc forest and
cultural landscapes of the central Appalachian Plateau. This seasonal round of activities
takes people all over the mountains. It is a structure whereby people continually carry the
past forward into the future. This structure and its vital cultural practices cannot be
protected through conventional means of historic preservation. The seasonal round
embodies thousands of years of transmission of human knowledge and skills. What is the
effect of mountaintop removal and valley fill mining on this seasonal round of cultural
and economic practice? The draft OS vaguely suggests that the loss of the commons in
which this seasonal round is practiced could be ameliorated through the creation of public
parks. But how can public parks compensate fiar the loss of the knowledge and skills
that are intimately connected to particular spaces? It appears that you have not done a
study of the economic, social, and ecological value of the seasonal round, and of the
10-2-5
possibility of development centered around these community based practices. Why is that
the case?
Wild Ginseng us a Species of Concern
While all of the resources thai support the seasonal round (nut trees, named
streams, urvderstory species like ramps, ginseng, goMenseal, landscape features like
knobs, gaps, coves, swags, drams, benches, and so ibrth) are of value, one linchpin of the
seasonal round warrants far more attention than you have given it in this report, and that
is wild ginseng (patios quinquafolia). A1996 study by Appalachia Science in the Public
Interest observed that for wild and virtually wild ginseng the Chinese market alone is 12
billion dollars annually. To provide & baas for comparison, according to the West
Virginia Mini og and Reclamation Association in Charleston, West Virgin ia, the coat
industry meets a direct annual payroll of around one billion dollars for the stale of West
Virginia. MorethanhalfoftheU.S. annual export of wild ginseng comes from the coal-
beartag plateaus. The reason fer this, at the West Virginia ginseng offlcsr told me in a
telephone conversation, are cultural. He said that people ia the coalfields grow up digging
roots and gathering herbs. Protecting ginseng, then, is another way to protect culture.
Wild ginseng is monitored under the terms of the Convention on International Trade in
Endangered species because of its extraordinary economic value and its very limited
habitat. Have you looked into die question of how much of this habitat will be destroyed
by monntaintop removal coal mining? Has the steering committee calculated the dollar
value of wild ginseng, a renewable resource, over tie hundreds of years it could take to
regenerate that habitat' For more information on fte wild ginseng region, se«
10-2-5
MTM/VF Draft PEIS Public Comment Compendium
A-541
Section A - Organizations
-------
Carolyn Johnson, Citizens Coal Council
AiMiliaiial References
Lastly, may 1 recommend the fiiHowiag Bams fi» your bibliography?
Appakchia Science in die Public Interest. 1996, "Ginseng In Appalacbia,"yf AW Tedmical
Series 38 Ml. Vernon, Kentucky: Appaiachia-Science in the PcbKc Interest.
Couto.Ridarf. 1999.MaktngDemocrutyRr<»* Better: M&Sattng Structures, Soda!
Capital, and the Danacmtte Prospta . Chapel BBII: University of North Caraina Press.
(To balance the discussion of the "fatalism" which the draft EIS describes as & cultural
attribute. Then is, as you kr.ow, a long history of community-based resistance, apart
from the history of the unions, which you do address. See also Fisher, 1993, and
Gaventa, 1980)
Fisher, Stephen EA 1993. FtgUngBadt in AfpataeMa: Thuftaws ofKetistatce ami
Change. FhHadelpWa: Temple Ufiivettity Presi.
Gaventa, John. 1980. Power and Powertessness: Qviisamx and Rebellion in an
Appalachian Valley Urbana: University of Illinois Press.
HMford, Maiy. Ed. 1994. Conserving Cattere: A Ntv Dtmwse on Heritage. Uftafla:
University of Illinois Pi ess (Re: alternatives to bottom-line economics in conserving
cultural, natural, and economic resources)
Jacobs, lane. 2000. Ha Nature of Economies. New York Random House
claim made ia sevet^l places ia tl»$ draft BIS that coal lias <&tven t&e felon's
Smitfc, Rujjell. 19
(Re: an alternative kind of forestry, more suited to tlie biological diveisity of the region
than the even-aged, monocultural stands comprisinr; the commercial forests of post-
mining land-use).
Thankyouagainfortheopportiinity to comment, and I hope my comments \v-ill be useful
to you in prepairi
i To: 113 MnunHttnh'jplr^l'-PA
Subject:
01/06/200404^5
PM
Citm-nss (ktsiJ Cotmci!
\\ t rkuis? i> 4ft rfser If « tlem water, safe homes ami a healthy environment
202-544-6120
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^r ttsh K *s jjr*'yp"s ItH.tiud iti 24 UM! pi "Jut HIV vtth.'- tr*d \
f*i»)tthtr h y Liiur inr!it.nt,it nt«4tt.* th,w ptottcts fhctr u>mnu
imit' aiu-tl nKtnbu^ UK! tight mtmixr gj'«ipi' lu^tl in Kuv
*. Hu f HUH*! h i
X ifiinn tittl \Vtvi
MTMA/F Draft PEIS Public Comment Compendium
A-S42
Section A - Organizations
-------
Our mwnhrrs live m Hw o,>."tihisMsv n«st to mouiif;«iitf*p rrmovdl iranes and vaifey tilta. l
handed fctgcthcr to survive the daily onslaughts from these rmsaH"., outttw coa! fjpctAticms: BUstin
pullute-d %-uter, ft'joita, dcsta tyvd w.ttrr supplies, landslides, monster c«&l ttitcfes, utwafc1 it^ds,
(iimagird homes and property, disappe.irirsg forests, Bsh ami uild'iife, mtmocultun: economies,
deteriorating public ssetvK-es and sinking prosperity values, And cormpt of spmt4»s public officials.
Our members did nor vrjlunu^.r ?<•* havs-. their homes mid homelands Fmmfurmed inro a national
sycriftco stone fur chc(tp t;ru*rg;y iirnl private profit and they Arc fighting back,
Go>>d Ausopwes Dun't Bring Ikck the Dead or Prevent Future Deaths,
Adversely mipiKtsog 2-14 vertebrate wildlife specK^ in West Virginia alone,
Overall, the scientific studies arc gi'«xl auK)p,sies that do inform the puWie and decision-makers of
the death ind destruction caimx! by niounfcunhtp ttsnovai and valley till ciperatHHis. How^^r, the
Nation-,*! Environmental Policy Act (NFJPA) te'jiUft-s and the emiits have long upheld that agencies
CAn'f skate by their responsibilities with autopsies that describe harms in an etmromtnenbi! impact
statement. The agencies must analj-w -;i range of acf-ions thai: will prevent and Ir.s-st.-fl Iwrm.
r\ KhaiYi and a Shume
Not .;«ie rif the alternatives mir th« DI/11S as a whe.sk; compik-s with the fetter or ?pa'H. of NHPA,
Citixeiis Qtn re;sd di!igi.-ntlv for days smrching fora nwdle of action In tht^ SiMKi-pagt; HAV stack of
words l?uf u'tll hftd rv.«thtng. 'Hie Jinalyses of the three grossly misnamed "action*1 ditcfjiafives
contain nm cmy iictiott to prevent the cnorm^-njs enviremmefifeii d;imagt: so extensivcl)- tkcuaiented
dsw«'hcre in the *twly. Stnpp«l of the nxk! wrmls and gf^^^srdvg-t K*k, tlteft- ahtmativt'rf ctMisisf
*:tf weakening the esisting mies ;wid sig»;*ling fht^c mining f >petvi»ons to chiitgt1 ahead and continue
Hit. devvtj«c:itii>t j. ITnt "n* > acf^>n" aitcmativc ccmhtmcs the existing ikibrt' of the federal Mid state
agtrnctt'S to tk'tiy permits ff *r damnging wfXT.^Hcins, ft > take effective enforcemen-t actions against
thost: mute ispecvifevrs that tauge tiif. dw;isMfi( >n and to shut down those who persist.
Ill*; D'KIS at ps^e ll.D-H dtrr-tjrt^ OIK: pamgniph fe,» thy alternativt- to prohibit vdftvay fills and
ilistntsRis it; claiming thdt the C!e;tn \^'ater Act's -IM prrigram is notamedAisIc to being used fu
prohihtt htls. Kc^itxilws ^*i any me-rits of that claim •-• And wr hetit'Te them fc,j he cK,>se to xei1*1) — tht-
Dli'IS ituth().t:s hare .feibd tu pfoduct: any cxamimttott *>f hmv ending fills And motmutntop ecmm*;*!
cf twisting ajjpr^pnah*
rt'gd;«i?in;! -.md the ;tdfj|>ri(.*ri ofm-y* or amended p<*ticies and regulations that waild be necessary to
achieve the prohibit!'xi, '!"hi^ fcitkirc dnps with hypocrisy and is further evktefto?. of the IHWY hand
of Dt|.Hity S^-crctiiiy Steven Grilt'S, iornu*t* o.vtl industry lobbyist, wh*,? ii^suted th-e cxml con>|"*anies
the DMI^ wt>uW iK>t threaten tht'ir destaicfivc practices:
10-4-2
4-2
1-5
13-3-4
*ll5iit c its Au^sf 4, "i(H>t-riist:r di*^ afef ^gtimg hb rwu&il k**;r-hc gin-e a j5p*:«"Js. iK'fi.srt- the
West Virginia (x>a) AsS(Xiati*>a, ft'sts^uriisg members that Ve will fis the federal rules very si^on
on \v-ater and spral placement' Two months later, Ci riles sent a letter n.) the UO;\ and (.*thw agencies
diufting the EIS, complairtktg that thef were not duting enough to saft-guard tlit- ftiture c«f
muuntuintf.ip removiil and msiructis'sg them to *k.tcus on t^itraHaing and streamlining coal mint
pcnTHtting/" ('*Dirty- Secret"* byChha Cjraj l>,n'id.son, Sepiembw/OcK^r 2003 issue of Morfiw
For iJie ;tittTnativcs HICT did choose, these siurtc. Hutfaors describe At length pr< jpi^ed cSfeus^s in
agency coordination practice's and policies atKi n^ikig hack, a major |>iv?tticriv<; re^u!atk*n such sis
S.MCIiiVs buffer xone pmtKction niic. Failure to c«i.pctui!y itnd professtonjtH}f analyze this prr,*tectk>n
sltemativs - one tl^t axild rta*c«MWy result in the most environmtmtai pn'fecaiji-s for hogs snaths
of AppiiJ-achtan forests, streams and the tens of thc*osstnd
use thtfffi - makes the entire DIKIS process ii islntm and a shameful waste of the public's trusf ;ttid tax
T'tanyy My t^ear, I IX»> C?tvc a Damn.* f the IDKliS make ntuch ado nbont ^'tt^hviiici-ng'" and shuftling "Gj.-nrdinAHati
processes1* amcmg the C)SM, Corps ot" Engineers and state min«^ agencies, "Co'iialmarUm
pfijct*sstsw aix' no substitute fi,>r action thiit pft've*its cnvtronnjentaJ dit'Stniction. Since its creation in
the Surface Mining Gmttoi aid lU*.cbmatioti --\ct *>f 1977, OSM has .hid tlic k-gal authority md
tTspon^'bility to enforce the law and prevent exlermve environmental damages like those d*^crit>t:d
in tiie DlilS, but Irom 1981 onward a Soii-g ^ivct'ssion of agency directors and Interior 8<lic works' pmjects and shady
t*&ntfnetors { liaU.ibufti.jft*s HM\ ^ugittgtn IKK.J only being th l^tes!'}, For the last 15 wAts, KPA's
a|>p-ro«ich ti) ctial mining i$m& hm be*?n "nobotij' here but us chickens," am! tbs amt-prsmd a,g«'«c>'
is IKHV known ;ij: the Envifi^nmental Po!Kiter*s ;\cm.
"Ilicse tatlufS'S c.i*rttM>i \x «^|>feiii5ed awyy hy poor inter -ttge-ncv oxjrdinaticsn, lack of coords* lotion, t*r
o>niftain.g ntfes. /Vgencj' leaders have ticked (he political will tx> tiike fcnfatt'ertienf acrions, reject
permit appliCAfioi^s* and can1)* out their respective Itwi?. Thtev don't: rare enouj$i ft> wrv^ t-hc public
We memhei'S of the public frankly don't givi* a dattin ^tsut tht muribcriand type of nufetings, kfttefi*
and o tusulfatsunst that agtaictes hold. We w-ant positive iH-fkm &> prevent this destruetHm ;ind wtiB
not accept afty ^ubstittite.
Ree<: «time*K'laf ions..
We ur|>c die ft\*e sj>jasciri.iig agencies - Corps of Engineers, MFA, l^ish &: Wildlife Service, ( Jt&c€ of
Surface ^fitting, and \X*«t V'i^mta Depitrtmenf of Environment!! P.rotect3oft - fn issut a new DEES
that:
1, Includes the new Pixn*entive Alfem;itive as the pft-ferred nltemative. Thb new ;tlteroanv-e wcwki
logjcsillt- jfolJxw t"rc,>m the scientific studies ^iK^dy dom; for this draft .*n.d wmtkl l;i)" exit a
1-10
1-8
MTM/VF Draft PEIS Public Comment Compendium
A-543
Section A - Organizations
-------
John Jones, Alpha Natural Resources
5- It'lb the frufit and respects the public, Rt'inm-es code wotds and ctiphemisms sue!) ,i*
"m* ftjnhimtop mining" for mouiuainixjp removal, "hanwcimny; regulations" tor weakening and
t< 'Hitug back the mirs, "confusion** alxK.it the stream buffet xotie fule in place of "we dorff and
won't enforce; if."
1-8
Natural Resources
John P. Jones
Environmental CompHaitce Manager
406 Wta Main Street
Abingdon, Virginia 24210
Phone: (276)619-4443
jpjtmcs® alphanr. com
January 6, 2004
Mf. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Ret Comments on the Mountaintop Mining/Valley Fill Draft Environmental Impact Statement
Dear Mr. Borren:
On behalf of Alpha Natural Resources, LL.C (Alpha), I am submitting these comments resulting from
the review of the above referenced Draft Programmatic Environmental Impact Statement (MTM/VF
EIS) document.
Alpha is a privately held company formed in August 2002 and headquartered in Abingdon, Virginia. In
just a little more than a year. Alpha's affiliates have acquired coal mines and processing plants in
Virginia from subsidiaries of Pittstoit Coal Company; coal mines and processing plants in Kentucky,
Virginia and West Virginia from El Paso (Coastal); coal mines and processing plants in Colorado,
Kentucky, Pennsylvania, and West Virginia from AMO and its subsidiaries; and recently acquired
coal mines and a processing plant in Pennsylvania from Mears Enterprises.
Alpha and its subsidiaries employ about 2,300 people, produce approximately twenty-two million tons
of steani and metallurgical coal and will sell approximately six million tons of third party coal
annually. Together, Alpha's subsidiaries make up the largest producer of coal in Virginia and the fifth
largest in the East.
Alpha's subsidiaries are active members of the Virginia Coal Association, the Kentucky Coal
Association, the West Virginia Coal Association, and several other similar coal industry- related
organizations. We support and concur with the joint coal industry technical comments prepared by a
consortium of these professional organizations, which is being provided to EPA.
MTM/VF Draft PEIS Public Comment Compendium
A-544
Section A - Organizations
-------
Thomas Kelly, Catholic Conference of Kentucky
Alpha, on behalf of its subsidiaries, would like to take this opportunity to go on the record in support
of Action Alternative No. 3 and wishes to sutait the following comments:
» We strongly feel that the vast majority of surface mining operations should qualify for the
Nationwide 21 (NW 21) Permit process, while generally only the very largest operations, with
multiple large-volume valley fills and a potential for significant adverse impacts, would require
Individual Permits (IP).
* The appropriate SMCRA enhancements should he made to allow for the SMRCA regulatory
agency to take the lead role in a joint application type permitting process,
« To help clear up the quagmire that the 404 permit review process has become, all future 404
permit application reviews, whether IP or NW 21, should occur concurrently with the SMCRA
permit review.
• Current mitigation requirements should be amended, through a multi-agency effort, to allow
credits for remining, reclaiming areas mined prior to 1977 and left in an unreclaimed status
(AMI.), and other innovative reclamation projects that result in wildlife habitat enhancement
whether aquatic or terrestrial.
• Due to the current dire status of the surety industry, and the difficulty in obtaining surety bonds.
the SMCRA required bonds should be sufficient to cover mitigation activities,
• The Eastern Kentucky Stream Assessment Protocol has never undergone an adequate peer
review, nor has it followed the administrative procedure process. The Protocol should be
merely a recommended method of stream quality determination, and not a requirement, until
such time as it can be professionally reviewed, and the public has had a chance to make
comments upon its merit.
Regardless of the final Alternative chosen, adverse impacts to the public, our aquatic and terrestrial
resources, as well as to our mining industry should be minimized. Thank you in advance for giving
your favorable attention to our concerns.
Respectfully submitted.
1-13
John P. Jones
Environmental Compliance Manager
A Statement by the Catholic Cnnfircncc of Kentucky m Menatata Top Removal
December 10,2002.
Dear Friends in Christ, •'•','. . ,
We write you OB tie occasion of your ecumenical gttfieting for a "Prayer on the Mountain" to Lofcher
Counfir, Kentucky. Gar other obligations prevent us from traveling to the maintains to bo with you
today, but we send our prayers of support Sad words of eJjcouragentent. ', '.
We know from people ministering in A^pslachia aad media reports about the environmental and '-
human devastation caused by the abiaive strip mine practice known as "mountain top removal," This '
practice! can damage the foundations of Homes and destroys the welts of people living in nearby
communities, tt dumps millions of tons of earth and rock into valleys raining springs and head waters
of creeks essential to the animal and plant life fcr mite downstream. It can destroy graveyards and
home places and alters eotmnnnities reverenced by generations of families who trace thelt ties to that
land. We understand IhatMcRoherts itself Iss suffered five devastating floods to 18 months, and many
other areas of Appahschia have laced similar destruction.
As we reflect on Sacred Scripture we believe that the eire of creation represents a spiritual set. We
remember fltttGdd finished, the work of creation and "toned It very good" (Gen. 1:31.) Then Clod put
humanity in the Garden of Eden, a symbol of the whole world, "to cultivate and care for it" (Gen,
2:15.) Gwtion reflects (Se beauty of God and hnminity becomes « co-g«rdener with God,
In addition, since the world belongs io til, deelsio&s about the world's m$ must be determined by a ,
concern for the common good of the whole human family. l*ope John Paul II joining bis voice with a
growing chorus of eftieal people throughout the world proclaims fte rl^tt to a safe environment mast
eventually be iachiled fa *a updaJed.U.N. Charter of Human Rigtits. That yowTrayer on a
Mountain* lakes place on December 10, International Human Rights Day, symbolically connects the
respect for tbe earfli with the sroteetion of oar fanmsn community.
We pray fliat society will prsdttce its necessary goods and services without destroying God's gift of
creation, Unfortunately, the practice of economics fiiequently exploits both the tad and the wortas in
« resh for quick 'profits. Society must reject the &(» dichotomy of jobs versus the enVtanajent and
creatively find ways allowing workij to earn (heir livelihoods while respecting cresltai. May God
shed blessings on you as yon pray for the fesforalfal of creation and the uplift of your eonununitiBs, .
Yours in Christ Jesus, ..
fThomas C. Kelty, O.P., Archbishop of IxrtsvUle jjohit J. Mctaith, Bishop of Owensboro
t Roger 1. Foys, Bishop of Covington Reverend Robert J, Niegberdiag, Lexington Administtttor
The Cattalfe Cost&eoss of Kattusky is the flabfic policy sgeney of this state's four Roman C»Hio& Dl
this «t»t»m«it is lisa available on is CX3C. website - www.ccky.org
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-54S
Section A - Organizations
-------
Kentuckians for the Commonwealth
J-KLB1 rKfcWIUUKi
Kentuckians For The Commonwealth
P.O. Sox 1450
January 6, 2003
London, Kentucky 40743
Facsimile
606-878-1161
.REC'D JAN 0 6 21
TO Mr. John Fawn
US. Environmental Protection Agency (3ES30)
1650 Arch Street
Phitedelphta, PA 18103
FK: Kentuckians for the Commonwealth
Phone {806) 878 2181
Fax (606) 878 6714
R£: EIS PragrammatSe Draft Statement
PP; 14 total
Included am some individuate comments regarding the Mourttalntop Minin
Fills in Appalaehi* Draft Praowmrnafie Environmental Impact Statement Some of
these may bs copies.
Ms, Colleen Unroc
211 K.C East tt.
London, KY 40741
Mr. Johs Fatten
tTA BavfaapniMtd Protection Agency (3BSSO)
1650 Arch StrKt
Phfladdphia, PA 10103
Dear Mr. Fonsa,
tREC'D JAN OS
i', which locatad in the coalfidds. I know people
whohavcbf.eadirealyaffectedby this type and other devasrating forms of coal mining, and I
find it horrendous lb?J the Bosh admilislratioE plans to coriiinue to let coal companies destroy
Appalachia wffli mining practices flat )»el maaaalBteps, wipe otjt fcnsss, bury streams, and
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g to fee adjabrfstfitk^s draS Ea^iitsmisassl Is^jact StaleiMst fj^JS) on
removal coal mirang, the environmental effects of inottntaiiitop removal are ividtsprwd,
dsvMfaDng, and pOTaanent. Yet the draft EfSpoposes no restricaoas 02 the size of valley filis
tiatburystreams, no limits on the number of acres of forest shut can be destroyed, no
protsctiorB for imperiled wildlife, and BO safeguards for the communities of people feat dspefid
on tta region's natural icsourctsf or thtiiisdVEsar.dfomie generations, Thia is aiiaply
unacceptable.
t adatfaistralioa's
problems caused by moantaintop removal coal mintog, which weakens cjdstingefl \dronirienu;!
protections. The draft EfS proposes streamliruog the peimitting process, allowing moontaimop
removal aadassodatcdvaUeyfflls to ctmdnae at afl accelerated rate. The draft EIS also
soggesa&iajaivay witi a surface mining rale that mate it illegal for mirjing activities to
disfuib areas within 100 feat of streams oclcss it can be proven that streams will r.ot be
barccd- This "preferred alterative" ignores tte admirtistration's own srudics detailing tie
dffvaslation caused by nMuataintop removal cod mirJng.
Ths Bush administration's "preferred alternative" ignores these god hundreds of other scientific
MctscontaicedintoeEISsnidies. In light of these facts, the Enshadmiaisaadon mast co.tsider
measures to proteanarural resources and communities in Appalachia, such as restrictions on
thesizeofvallcyfillstoreducethcdestructionofstrearns, forests, wildlife and cornmumtJes.
Ultiirat^y, tit future of our enviioaffient, economy, and commvinities is a! stake. We need
policies and regulan'ons that protKt our land and our people, while bolsmingsusKlinablc
economic development and sustainable energy sources.
Sincewly,
Colleen Unroe
1-5
MTMA/F Draft PEIS Public Comment Compendium
A-546
Section A - Organizations
-------
01/86/04 Us 19 MX M« 878 5714
Rabotlt Hensky, D.V.M
1025 Crwkside Lane Nichoiasvilk.KY 40356
859 271-2920
19 August 2003
Mr. Iota Fontn
1650ArohSt
Dear Sic
I am opposed to the concept and practice of distuibing the mounttin top topography 10
'cffiricntty'^d'oMnoniicsIly" gain access to the coal scsmiflwrerado-. lias
certaialy is not for the adjacent enviroronsnt or ite inhabitants.;
Compounding thjsuncoo^iambietahmque is the disruption, if MtdMtructioo, of
contigcraiswsterways with the ovsrburdcn or spoil Tiis practice fliss in the face of
exisrinj laws which attempt to preserve, if not improvo,thi aster q-jality in these ucai
The proposed changiswoiidr^ce the 100 foot buffer 2DD«\vMcb attempts to protect
exisrir^ streams and iroaldexacerB^co^ditiom of many already degraded by minis?
In SIOT, we must not continue 4a history of abuse of these areas simply for additioM]
profit !tbfio!editt%ic^%tfli.i5rx5ssibiliry is being stolen from iis and all future jjerifirations.
I urge the EPA. to reject the EIS recommendations as & contradiction to flw evidence gathered
by its own reports. . .
Sincerely,
Louise Chawla
1-5
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-547
Section A - Organizations
-------
910 Sunset Road
Ann Arbor, Mlcfiigan 481(3
Augustas, 2003
I*. John Forren, US. EPA SiSSQ)
1 050 Arcti Street
Pr*K«pr«a, Pa 19103
Dear Sir,
, ___________
made for actian in response to EIS report regarding mixintaimopranicval mining arrt
lamaaraduataofBereaCoaegaajidmymotriarwaaaKentuckian. ShawoUfl not only
tesfiotted and dismayed (as lam also) at trie wreckage of hsrbaauKulsiata but wauid
want ID prote^ the caviar way in i^tanttw curort administration is 'responding- to an BS
report documenting 819 extreme damage occurring at tf» hands of the ooal eorripaflies in
Kentucky.
Your repent specifies weak and vague alternatives to correct tht confining irreveraiWa
damaga bang done to mountein streams arxl teirain. Why? Evidence in the raportdaarfy
indicated a need for a mora speeiRe and prevents/a nsto for our government.
It aS boiis down to whoJKw and lovas Kentucky most:
Is !t the coal oompanias with their bSnd need for profRs In a state frat can do without this
KMofdesirudva coa! mining?
is it Presktent Bus* who has alt^dy a torra track recciti of assaults against the emrironment
to profit big buaanss?
1-5
cipposing the confinuaidestrucfion of their stale for poStical gain?
You answer.
Sincarely yours,
\
cc
Mi. Eugene Mullins
Box 2370 Puncheon Rd.
Kite, KY 41828 •
Mr. Jobs Korrtn
U.S. EttvJKamental Pratecfioa Agency (3ES3<5
1650 Arch Str«i
Dear Mr. Fatten:
Hi vc la Knott Cooa^ In Bas^rn K£3tcueky 10 Eke coismimity of Poochfio^. CONSOL of Kentucky Ine. as
well as other Coal Companies las been mining in Puncheon for mote than five years now. Tat coal trucks
tunning up Kid down this small county road have destroyed the quality of life in this community.
Bat it's the valley fills from the strip mines that nearly washed out the mote than 20 homes that exist cm
Pur.dieon back in June of this year. I have lived on Puncheon for over fifty yeas and I nad never seeis the
o*»k flood at the head of Pancbasa Branch at the bridge in ftoat of my home-place, not during ft* Soods
of 1957 or of 1963. During the thunderstorm back is Jims of this year CONSOL's valley fill on permit
number 860-0390 dipped several hundred feet causing mud and rocks to fill As creek below. CONSOL's
valley fills pose a direct threat to the more than 20 homes that exist on Puncheon Road.
Valley fills like this exitt all over eastern Kentucky. Time mid gravity will cause them all to slip. Coal
Companies are not following the law when they build ihese valley fills. Each fill is suppose to consist of
eighty percent durable material. In my mind durable material is large rocks, cot dirt and shale. These
valley fills are also suppose to be compacted 10 certain specificaiocs.It is expensive to create a vaUoyfiU
properly. If the State and Federal Governments aren't going to force Coal Companies to create valley fills
properly then the Coal Companies will sue corners to save money and at the same tints endanger everyone
who lives Wow these time bombs. VaBey fiDs are routinely larger than they need to be because they are
improperly constructed. This is & danger to residents and destroys our stream!.
I know first hand the terrible impacts of monntiintop removal and valley fills. 1 also believe we can build
a better future for eastern Kentucky. We can have clean streams and a healthy forest and restore our
quality of life. We can create good jobs lor our people Oat don't wrack the eavtoninsat. And we have to
start down a different toad now.
Take a stand Enforce the law. Ban mountaintop removal and valley fills. Stop the coal industry from
destroying everything that we value most. Start making choices that will benefit our children and yours.
Sincerely,
17-1-2
13-2-2
Hugenr. Mullias
MTM/VF Draft PEIS Public Comment Compendium
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01/08/04 11:19 FAX §08 878 8714
August 18, 2003
Mr. #ahn farren
U.S. Environmental Prottetien Agency (3ES303
1650 Arch 3tre.it
a, PA. 11103
Dear Mr. Forren:
I oppose say changes that would weaken existing laws and regulations that
protect ele&R wat«r.
Uhs Draft Environmental S*aj»*et St&teiwsut on i&eroirtaintop removal and valley fills
ignores the government's mm science and economic studies, the EXS rfteaassands
"strtamiiniftg" the pajrmit process to ss&Jee it esasiey for coal cos@)aa|es to lav«l
our mountains, huey our streams, and wre-ek our homeland,
X ojjpos« all thrM alt»r&4tiveg outlift&d in th« dra£t EIS. whll* this propottl
may assist in providing ehe»|j en<*rfy ea this nation, it is ahort-sightad. Tha
damage that results freia snQuntatiatojj ramaval is parauifiSRt.
As the report shows/ more than 1,200 miles of headwater streams have already
been isnriad or tiestr-oyad. TKouasanda! of acres of forest iftnd, has be&n g«rm«nently
•rise ftmejri&sa pecple that live in this area have their lives and property
destroyed Ibeeauae of this mining metAiod,
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Th« negative
of sioanfeainfeop rsuwval arul vialley fills
unace*$stabla
I ajsjmse any changes that would weaken existing laws and regulations that
protect Clean watar. 1 also support aggresaive itttvironment o£ the peasent
with severed prison t«cnt for thosa that violate the law.
Sincerely,
Earl ft. «ilson
1113 ». Francis &ve
Clarksvilla, SM 41129
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Attgl5,2003
Mr. John Foirea
U.S. EBvitManostiil Piotectioa Ageney OBS30)
1650 Arch Street
Philadelphia, PA 19103
DMT Mr. Forai:
AsaresideatofLexington, in eastern Kenmcky, I have watched the moimtaintop
removal controvcijy with great interest. It s hard to believe the scale of destruction that
is going on with our beautiflil mountains. I have met with coalfif Id residents many times,
especially after lite coa; sluny disaster in Martin County, Kentucky, that vat caused by
! have talked with people whose water wells have been destroyed, whose foundations
havebcmcracksd, who hi"e had to sue coil companies for duit from preparation plants,
whose chi Idren go to ted at night with their clothss on when it iaiM, for fer of flooding.
It seems to me we are destroying the fiiturc economy of the region. Clean water -will be
as important to furjre generations as oil is today. Ice water wars are coming, as has hnen
predicted by Fortune and other business magazines. This is why we see multi-national
conglomerate corporations like RWE, Vivendi, sad Suez swallowing up American water
companies like American Water Woiks of Vorhis, HI. These big companies know that
ths potential profits are huge in the future for those with a monopoly on a reliable source
of clean w^ct.
We have clean water in abundance here in Appalachia, and It can be our future economic
salvation- Or we can stupidly hury our tnountain streams underneath mimng waste, and
contaminate our free -flowing Appalachian str=ams with blackwater spills acd toxic
nmoff from mounlaintop removal sites.
It shajd to believe that the Bush admiaistrition, which prides itsdf on being so indusQy-
friendly, cm be so short-sighted as to destroy, permanently, one at oar greatest economic
and naturaJ resources: clean water. Mere tnan 1,200 miles of our headwater streams have
been buried or destroyed by valley fills.
But ihat s oidy the beg&gi&ig of tbe ecditomic s&i&Hty. Moimtamtop removal also
destroys valuable hardwood forests, and has already had a negative impact on the timber
industry in West Virginia. Almost"; percent of our forests have been -or will soon be -
leveled by motmtaintop removal West Virginia Division of Forestry Director Bill Maiey
quit his job in protest of mountaintop removal. That s jobs being lost!
FlciodingmAppalachiirr. commimitics is mcreasingly common and severe. %Tio pays?
FEMA — i.eThe taxpayer! And homeowners insurance goes up every time there is
another disaster. The coal companies externalize their costs onto the public,
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Section A - Organizations
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ltdoesn'thavetobernisway.Thsre arc laws on the books to protect dean water, public
safety ami the environment. It is perfectly clear Oat mcuntiintop removal and valley fills
are a violation of the fedoal Clean "Water Act ar.d the Surface Mining Control and
Roclamstion Act These practices should be btaned. The coal industry must cot be
allowed to destroy oar homeland.
The draft Environmental Impect Statement on mOBntaintopiranoval and valley fill) is a
dangerous gift from the Bush administration to the coal industry. Instead of
recororjicnding ways to j-to^ fes destruction, the EIS proposes ways to make it easier for
coal compam:s to level our rnounSins, bury oijTstrearns, and wreck our homeland. Tais
is shameful and wrong.
! know first hand the terrible impacts of mouutainiopi=mova! and valley fills. I also
beueve we can biuld a better future for eastern Kjmtucky. We can have clean streams and
ahealthyforestandrestoreourquality of life. We can create good jobs for our people
that dcE't wreck me environment. And we have to start down a different road now.
Take a stand. Enforce the hw. Ban mountaintop rernoval and vallsy fills. Stop the coal
inAistryfi-omdestroybgeverythingth.it we value most. Start making choices that will
beaelit our childrea acd yours.
Sincerely,
David S. Cooper
608 Allen Ct.
Lexington KY 40505
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Mr.JohnFoircn
U.S. Environmental Protecuoo Agency (3ES30)
1650 Arch Saett
De«r Mr. Foiten:
I live in Har Ian County, Kentucky at the headwaters of the Cumberland River. We have had
ntaily a hundred y care of coal mining in our community. We have very littls dean water. We
once had plenty.
The draft environmental impact statement an rnountaintop removal published recently by the
BiishadTninistrationisas!apintJisfaceofevcrycinewhoneedswatertosutvivc. It is a
malicious, poisonous, shoitaighled, misanthropic, hatefol, greedy, aati-democratic document.
Ipnsy that the people who put it before the public will live long enough TO see the errors of their
ways and correct them. I pray that ths people who wrote this document OTVKT have to drcnk the
greasy blackvratti that comas out of the spigots of people in rhs American coalfield;. Iprayiaa;
they never have to pull thsir sleepirjg children oat of a home flooded m a result of rain on poorly
reclaimed strip jobs.
M; message to President Bush and all the formulators and enforcers at tit self-serving, callous,
cynical, dangerous energy policy b this: I support none of the proposed alternatives in your
environmental impact statenient. Enforce SMCRA the way it was written. Enforce the Clean
Water Act the way it was wrinen.
Good people don.ihsve to get side aid die just so this country can have electricity. We can do
better. Pursue alternatives.
Hosted officials are supposed to look oat for the interests of all the people—not just their
fraternity brothers, family friends, and corporate cronies, Quit acting like gangsters and start
acting like statesmen. Or pursue anotherlineof tvcrk-
RobertGipe
PO Box 1394
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Section A - Organizations
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John Barren
August 15,2003
Mr. John Forren
U.S. Environmental Protection Agency (2ES30)
1656 Arch Street
Philadelphia, PA 19103
Dear Mr. Forrcn:
I am writing to express my outrage and disappointment in the Draft
Environmental Impact Statement OB mountaintop removal and valley fills.
This document is an affront to intelligent people. It ignores the government s
own science and economic studies. Instead of finding ways to stop the
destruction, the 135 recommends streamlining the permit process to make it
easier for coal companies to level onr mountains, bury our streams and wreck
our homeland.
I oppose all three alternatives outlined in the draft EIS. None of these options
will protect our water or shape a better for Kentucky. Instead of these weak
alternatives, the federal government should ban the use of mountaintop
removal and valley fills forever. It is time to fully enforce existing laws designed
to protect dean water and the environment.
I oppose any changes that would weaken existing laws and regulations that
protect clean water. Do not eliminate the stream buffer zone rale (30 CFR
816.57), a regulation that prohibits mining within 100 feet of streams. This rule
should be strictly enforced for valley fills and in all other cases. Likewise, do
not make ft easier for coal companies to seek and obtain permits for valley fills.
These proposals are dangerous to the coal industry and should be rejected.
Growing up in eastern Kentucky, I know full wen the damage that results from
strip mining and mountaintop removal. Thousands of residents have seen good
clean water go bad. Floods have devastated homes and families. Habitat is
forever destroyed for much of our wild game once mountaintop removal and
valley fills occur. Again, please reject these proposals.
Sincerely,
1-5
1-10
leSQArch Street
Philadelphia, PA 19103
pear Mr. ftjrren:
I oppose mountaintop removal and valley fills and any change In the buffer zone rule. I
am disappointed and angry that the Mere) government ignored its own studies when it
proposed weakening, rattw ten strengthening, protection for people and the
environment Scientific studies document the v/idespread and irreversble damage tha
coal Industry is doing to our state and region. Mountain top removal Ignores the
public's demand for dean water, healthy environment and safe communities.
Please accept the wisdom of those who live In these areas and the sdenttflc studies that
support these correct insights. How many coal company CEO's live in Hartan County,
Kentucky?
Thank you for considering the good of the people In the coal irons
Sincerely,
GayleBrabec
1707 New Orleans a
Lexington, KY 40505
Cc: President Bush
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Dr. Roger C. Noe, Professor
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Kevin Knobloch, Union of Concerned Scientists
Union of Concerned Scientists
Olizera atKt scientists fw £ro»if0nmefWal Soiutlom
January 6, 2004
Mr. John Fasten
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia. PA 19103
Re: Draft programmatic Environmental Impact Statement on mountalntop coal
mining and associated valley fills In Appatachla
Thank you for the opportunity to offer comments on behalf of the Union of
Concerned Scientists (UCS) on the Draft programmatic Environmental Impact Statement
(draft EIS) on mountaintop coal raining and associated valley fills in Appaiaehta.
Established in 1969, UCS is an independent nonprofit alliance of 65.000 committed
citizens and leading scientists across the country. We augment rigorous scientific analysts
with innovative thinking and committed citizen advocacy to build a cleaner, healthier
environment and a safer world. The UCS Clean Energy Program focuses on developing a
sustainable energy system—one that is affordable, uses non-depletable resources, and
does not degrade natural systems or public health.
While UCS appreciates the considerable interaf eney effort that went in to
developing the draft EiS, we must express our alarm in tJte Agency's decision to exclude
consideration of any alternatives for more strict limits on mountaintop mining and valley
fill, and instead largely ignore sound science by supporting a "preferred alternative" that
weakens existing environmental protections, and ultimately eases the permitting process
for coal mining companies.
There is strong empirical evidence in the over 30 technical studies conducted in
association with the draft HIS that indicate the pervasive and permanent impact to the
environment, and to the public health and culture of communities near mountainlop
mining and valley fill operations. For example, the data show that over one thousand
miles of headwater streams have been destroyed or degraded, including 724 miles of
streams that have been buried forever under huge piles of waste. The report also states
that it is difficult if not impossible to reconstruct free flowing streams on or adjacent to
mined sites. Current reclamation efforts are simply converting what had been biologically
diverse native hardwood forested mountaintops to grassland plateaus. Downstream of
raotmtaintop removal operations, stream chemistry monitoring efforts show significant
www.ucsosa.0fg Two Bf««ie Square - Cambridge, MA 02230-9105 - TEL: 617,547.555:! • **xi 617.364.9605
1707 w Street, sw - Suite 600 • WasWngtM, oe joeo6-:39&s - m; 262.223.6133 - rAX; 263.aa3^*&2
I 2397 Stemotk Avetsue > Syite 203 - Berkeley, c* 94704-1567 • ret: 510.843.1872 - FA*: 510.843.3785
1-10
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Page 2
increases in conductivity, hardness, sulfate, tnd selenium, which is highly toxic to aquatic
life at relatively tow concentrations.
Despite the considerable evidence of the environmental and social harm caused
by mountaintop removal, the draft HIS does not include any meaningful actions for
reducing its impact. There is no consideration for restrictions on the size of valley Tills,
nor arc there any limits proposed on the number of acres of forest and other ecosystems
that can be destroyed. There is also no consideration of new safeguards for the
communities of people that value and depend on the region's ecological heritage.
Accordiag to the economic analysis prepared for the draft EIS in 2001 by Hill &
Associates, even the rnost severe restriction on valley fills studied in their report (a 35-
acre limit on the size of valley fills) would not cause serious economic harm. The report
found that a 35-acre valley fill limit would raise the price of coal by ortly $ 1 per ton and
would have virtually no impact on the cost of electricity. A separate BPA draft study
from April 2002 concluded that the 35-acre restriction would have very little average
annual impact on statewide employment (less than 0.3% of total year 2000 employment)
in Kentucky and West Virginia.
Rather than focusing on alternatives that strengthen restrictions on mountaintop
removal and valley fill, the Agency's "preferred alternative" is to weaken existing
environmental laws, and streamline the permitting process by shifting approval and
administrative responsibilities among government agencies. The environmental and
economic studies prepared for the draft BIS do not lend sufficient evidence to warrant
support for this proposed "preferred alternative" as a means for limiting the impact of
mountaintop coal mining.
The preliminary version of the draft HIS considered several alternatives that
would limit the size of aiountaintop removal valley fills, These alternatives represented
more effective strategies for redticing the widespread impacts of mountainlop mining.
They also more appropriately reflected the cumulative impact study that analyzed the
effects on aquatic and terrestrial ecosystems of several different scenarios for future
mooMaintop removal mining. Yet, all alternatives for restrictions on valley fills were
excluded in the draft EIS finally released. We urge the EPA to include these alternatives
in the final EIS.
These alternatives should be considered for their own environmental merits. In
addition, we note that the administration has ten increasingly advocating the use of
advanced coal technologies, in conjunction with carbon sequestration, as a potential
carbon-free resource for electricity and hydrogen production. In this context, coal will
compete with other carbon-free alternatives, such as the increased use of wind, solar and
other renewable energy resources. To tbe extent the administration hopes to win support
from the environmental community and public for advanced coal technologies as a
potential climate solution, it is critical that the administration require progress in reducing
the upstream environmental impacts of coal mining, to place coal on a more level playing
field with renewable alternatives over the life cycle of these resources. Permitting hidden
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Section A - Organizations
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Steve Krichbaum, Wild Virginia
Junory 6, 2004
Page 3
subsidies lor coal by way of allowing Increased upstream impacts and external
environmental costs can only diminish the likelihood of public support for advanced coal
technologies.
We thank you for the opportunity to comment, and respectfully request the HP A to
consider the recommendations proposed above.
Respectfully submitted,
Hsll
Kevin Knobloch
President
Union of Concerned Scientists
Forwarded by David RktefRMJSEPA/US on 01/08/2004 11:39 AM
Steve Krichbaum
cc:
01/06/200403:37
PM
To: R3 MountaintopQKPA
Subject: DEIS Comments
Wild Virginia
P.O. Box 1891
Charlottesville. VA 22903 phone: 4344)71-1553
Mr. John Forren
U.S. liPA (3HA30)
1650 Arch St.
Philadelphia, PA 19103
mountainlop.r3(<»epa.g0v
Dear Mr. Forfen:
Moantaintop removal mining is a highly destructive practice where entire
moumaintops are blasted away to reach thin seams of coal underneath,
and millions of tons of rock and soil are dumped into adjacent valleys.
The practice destroys forests, leaves a barren landscape, and buries the
headwater streams, which are essential to maintaining healthy, dynamic
river systems.
This DEIS does not achieve the fundamental purpose of its preparation:
_to minitnr/e, to the maximum extent practicable, the adverse
environmental effects... by mountaintop mining operations^, (see 64 f^R
5778). By so doing, this document additionally violates the settlement
agreement of Bragg v. Robertson. Nor does this DEIS comply with the
fundamental purposes of the NEPA (see 42 USC 4321).
The mountains and streams of the analysis* area are vitally important
habitat for numerous species and populations of amphibians, reptiles,
mammals, birds, moilusks, annelids, arthropods and other invertebrates.
Severe direct, indirect, and cumulative harmful impacts to these
populations are ignored or discounted in the DEIS.
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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The examined alternatives do NOT ..enhance environmental protection., or
minimize ihe adverse effects from MTM/VI:._ (BS-4) Instead, the EIS
process here has been obviously result-driven and politicized so a? to
flagrantly facilitate the permitting of more MTM/VF operations (through
so-called Jmprovcd efficiency {and! collaboration.). See ..Preferred
Alternative_. The bureaucratic wheel-greasing on view here ignores clear
harms and does not meaningfully protect the public or our environment
from the avoidable adverse impacts of MTM/VF. Instead of protecting us
and improving the present destructive situation, the preferred so-called
..improved regulatory process., would foreseeabty result in even more
destruction of streams, valleys, flora, fauna, and human quality of life
in the Central Appalachians.
The range of the alternatives examined in detail is improperly limited.
Such constricted consideration does not _raore thoroughly address impacts
to our environment.., nor does it _better inform the pnblic_ and ..provide
more meaningful participation.. (ES-10). To claim otherwise (as the ES
does) is clearly unreasonable.
To comply with the NEPA and provide a legal basis for well-informed and
well-reasoned decision-making, other alternatives need to be examined in
detail. Our environmental laws require, and the citizens of the region
deserve, a full evaluation of ways lo reduce the unacceptable impacts of
mountaintop mining. The agency needs to abandon the "preferred
alternative" and to reevaluate a full range of options that will
minimize the enormous environmental and economic damage caused by
mouniainiop mining and valley tills.
Alternatives need to be considered in detail that:
Prohibit the use of valley fills.
Label all of the region_s streams as _high value_.
Set an upper limit on the percentage, number and/or length of streams
allowed to be impacted.
Restricting the size of fills to 35 acres, 14 acres (the median size of
intermittent streams), or less.
Restricting fills to certain types of streams (e.g., ephemeral).
There is enough ..science., to clearly indicate that burying streams under
ton of waste and rubble is irreversibly and/or significantly harmful to
biota, water quality, hydrology, or beneficial uses. The DEIS ignores
various direct, indirect, and cumulative impacts.
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1-7
According to the EIS Steering Committee, no scientific basis could he
established for arriving at an environmentally ..acceptable., amount of
stream loss and it is _difflcult if not impossible to reconstruct free
flowing streams on or adjacent to mined sites,
It is claimed that Jbjetter stream protection from direct and indirect
effects would result, from the examined alternatives (ES-9). This is a
blatant falsehood. Discarding the 100-foot buffer zone rule is proposed.
The rule would be _clarified_ out of existence by saying it does not
apply to MTR/VFs, Doing this is NOT an ^operation}] designed to avoid
and minimiM adverse effects_ (id.) This is perhaps the quintessential
impropriety that exposes the fundamental insufficiency of the examined
alternatives.
Economic studies show that even the strictest size limits would have
minimal impact on jobs, the economy, and electricity prices.
Instead of putting a halt lo stream degradation and the on-going
violations of the CWA that MTM/VP entails, the preferred alternative
would exacerbate and perpetuate this illegal non-compliance. In other
words, it is proposed to give even more discretion (through ..enhanced
coordination, of regulatory schemes) to Ihe agencies (OSM and COE) that
have miserably failed to protect aquatic and terrestrial habitat and
biota as well as human communities and water in the past
It is even proposed to come up with a manual for the _replacement of
aquatic resources... Aquatic ..resources., need to be protected, NOT
replaced (with who knows what).
It is projected that mining operations would eliminate almost 1% of the
Appalachian forests (2200 square miles) by 2012. Around 1200 miles of
streams have already been damaged by _valley fiUs_: over 700 miles have
already been buried. And these are probably gross underestimations as
smaller headwater streams not on topo maps were ignored. Without
additional restrictions, MTR mining would destroy an additional 600
square miles of land and 1000 miles of streams in the next decade. Such
vast destruction is unconscionable, indefensible, illegal, and
unnecessary.
The total of past, present and estimated future forest loss from MTR/VF
is over 1.4 million acres. Such forest louses in West Virginia alone
have the potential of directly impacting as many as 244 vertebrate
wildlife species.
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Section A - Organizations
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Even if hardwood forests can he reestablished in mined areas, which is
tmproven and unlikely, there will be a drastically different ecosystem
from pre-mining forest conditions for generations, if not thousands of
years. The mitigation described and promoted in the DEIS does little to
meaningfully address this loss.
It is even proposed to continue Jnformal consultation, regarding
compliance with (he ESA. This is preposterous, and illegal, on its face.
For evaluating actions as significant as MTM/VF, full compliance demands
thorough JhrniaL consultation. Instead of positively addressing the
significant issue of T&K (and proposed) species, again the desire is
simply to _stream!ine_ the process, with the foreseeable result being
less consideration of and protection of HSA listed species and
populations.
It is proposed to use some vaguely defined _best-science^ and
^science-based methods_ to determine some even more vaguely defined
_high quality aquatic populations_ and Jiigh-functioning streams... Such
equivocations arc not the clear disclosure required by law, in addition
to being loopholes enough to aid and abet significant, destruction and
degradation. They fatally expose the illegality of the disclosure and
decision-making.
We opposed to mountain top-removal mining and valley fills. These
practices bury important headwater streams, destroy biologically rich
forest ecosystems, damage drinking-water sources used by millions of
people, cause frequent and severe flooding, and wreck the quality of
life in Appalachian communities, leveling mountains and burying streams
is wrong and must stop. A reading of the CW A and SMCR A clearly shows
that the government is not only allowed, it is required to prohibit
MTR/VF.
We welcome scientific studios that document the widespread and
irreversible damage the coal industry is doing to Appalachia. Yet this
KfS rejects^ without meaningful eonsideratk>ti_speeitte restrictions on
the use of valley fills. These restrictions could he based on size of
the fill, cumulative impacts, types of streams affected, or value of the
aquatic and terrestrial resources in the region.
We are opposed to any changes that would weaken the laws and regulations
that protect clean water. In particular, we oppose the proposal to
eliminate the stream buffer-zone rule that prohibits mining activity
8-1-1
1-9
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within 100 feet of streams. This ttile ^hould he strictly enforced for
valley tills and in all other cases.
We do not support Alternative 1,2. or 3 as described in the DEIS
report. None of these options will adequately protect Appalachian
forests, wildlife, water, or communities.
We are opposed to any changes that would weaken the laws and regulations
that protect our rivers and streams from the effects of moumaintop
mining and valley fills. As a result, we are opposed 10 each of the
action alternatives evaluated in the Draft Environmental Impact
Statement.
The DEIS contains indisputable evidence of the devastating and
irreversible environmental harm caused by mountainiop mining. Other
agency studies also show that mountaintop mining contributes to flooding
disasters in mountain communities. Unfortunately, each of the
alternatives in the draft EIS ignores various findings of these studies
and the very purpose of the BIS - to find ways to minimize, to the
maximum extent practical, the environmental consequences of mountaintop
mining. The "preferred alternative" would dearly increase the damage from
mountaintop mining by eliminating the current limit on using nationwide
permits to approve valley fills in West Virginia that arc larger than
250 acres, and giving the Office of Surface Mining a significant new
role in Clean Water Act permitting for mountaintop mining (a role it
does not have under current law). These actions would clearly result in
increased environmental harm. Mountain removal mining, destroys the scenic beauty of the
Central Appalachians, which in turns significantly harms local and regional
economies. Our environmental taws require, and the citizens of the region deserve,
a full evaluation of ways to reduce the unacceptable impacts of
mounttintop mining. I urge you to abandon the "preferred alternative"
and to reevaluate a full range of options that will minimize the
enormous environmental and economic damage caused by mountaintop mining
and valley fills.
These comments are submitted for the organization as well as for the
writer personally. Thank you for your consideration.
Sincerely,
Steven Krtchbattm
Wild Virginia Conservation Director
412 Carter Street
Slaunton, VA 24401 phone: 340-886-1584
January 6. 2004
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Frances Lamberts, League of Women Voters of Tennessee
W'
i trnJaf
..
Tlte League of Women.Voters 6f Tennessee.
^Frances £&m&erts, Waturaffysources Cfcttir, iig ^.id^e £m&> J
• the Leagued conchisions redrawn from the mainstream' science research, mostly published itt '
_ nseareh expertise agotaed in fte:fiS'.efct, ttt IwSoaive Smaiaiy fer 'Appendix D (fat 3}~
• . acju&tic ecosystem asscSsiiieirt-"Stala$' - " ' ' '•'',•, * " ". ; '. , '' . • '
. Mr. l
U.S1
' 1650 AKib Street
'
ir Mr. Formt
Re: PrograsnmaMc DEIS: EPA 9-03-R-00013
Tfe S?Howing ststemarts fltan Uie Le^ie of WtammVoteaofTfttiiiess^
propos^ for m!w regulation ^i Kteataintep Miim^g and VsBesy jfiDs (MTMA^TO, Tbe pKipossd
regulatory framework fbr moustaiatop mimfig involves & type of MTM permitted or applied for is
Teoaessee and the DEIS indicates planned expaasioa of MTM/W ia our state.
Hie League coanneads the agssscl^ fbr imdertaksig as EIS process 1st response to Accumulating
e\nd^c5 of harm, to w^tr^wldSife species and other natiird asserts. Within the la^ two decades
(c£. DEIS J
acres affected teach, kitej the tliotisaads p
'•'. companiK. Ttc ...U.S.EPAOE5ccrfRes«irchaEdDe\-2!opm3ntasss;rabled[aie]-
,
injaettidMid 724 stream mttarbriirf (ES-3 ^, Tte*evaflyirf!«(fflds'*)*i«ims'i8«vi&««"
ten ApfiattgtiijJiffiry studies,1 1S4itttc!f-%ioit«9SsAppaEiS>tO(p. Sl),SotES flat , . ;
. Cunent rmrAg and reclarmn'oa practices ream tasigmticant advers
. frjt and SKOrdotdtr stream ecosysKms. At all foui sites cv'illuated, \yaterslieii and
'
In Part 2 ^AppeaSst D;J.'yUjpera£D.S. H?A and J. Stwfflsr rfPwosylvaiia
npoit .'.. '' ,.- '.-•'' •;.; ':'. "••'.. .' "".; .,.-'"•
'.••.-'.'• ' ''•'... . -' '• !• - . .' - ' • • • , ' .-
'. • Total mimbCT of fish !^;es and l^nfrjc species [arc| dramatically Imvtriri mined
.»te
la^»^^ .
-5-6-2'
6-1-2
MTMA/F Draft PEIS Public Comment Compendium
A-556
Section A - Organizations
-------
Programmatic DEIS, page 3
Programcnatic DEIS, page 4 .
summarized a**3 Inchtded in fee same Appendix; famft &a streams associated wife active or
iniiing cfflitaminated \vrth soiiitioit loads and the •' .
j - • • t ., , .
• beiithic macro mvctlcbratt'commiiniti« at a3 the test sites .., severely bnpaiiwi, [the
impairmiEt] expressed ihiough a decicase in diversit}-, & wtesHoa at [even] absence
ofpofatewensltivB^Mdes. and an iicreast in poHnliori-toleiant spec:«
Headwater atteamsaMcriBegnytnipoi^iloWAsgicalhralth of BcavingMtairils, Rate, even
petemwil swam* begin h very umall wswstafe ofa-metfaa 41 sow or less (IMS, fiS-4) and, in
Appalachia, originate on stotp nwuntain stops. ,\iTMAT opsrations should therefore be
sxpecied to crratesubslaritialnskpotaitial for rmoffaadsedirnmt and other pollution in
water sheds in te terrain as iidorf the prcpoEderaare of research invcstigatiorissl!ovv
Tbs riyor systems flat traverse the area bejrg coraidBed &t expanded MTM/VF ndftiag in
or hare unique scenic or biological assets in oilier segments (as the Obed and Clinch-Powell
fivas). We«Msi*rM1WVJPjBjij^!ttfe«««Ae^rffte»iiTOtoasate^iiiflaBt
addldagtf ig^e^Haa^g to rastafiag sijater quality ^id adtjhjaaal*pi!&' f^g^nt rocess medjatk^i of "ofttesolved ^A issues"
gjaia^ulai^ or sti^jgfliciiii^ ^b^ c^tfffli^OQ eMly oa Md feoa^KMjt ^lo'evaluatioti-decistoa
prc«iss, to asaire that specbs-irnpactisSaes do not arise. We aje opposed to any rcdjjcti,Qa-fif the
5-6-2
1-10.
4 Harm to the forest resources
He k»nj«ood'fejest en mtwrtain sieges, m fte QantelaEd as ,
TenaMiw't mea finp attwt eeonemki and nattrd asM. Tley dtfrn tat regloa, its historyaad
atltee
oMaas M and the ajtotairto agenpes attempt to route as what "soojuis g«xf about
Tennessee. . "
We
and
potentially irjwetsible wajs by MIWVF nUiig. • S
* One,Mi*ttmmfc»wN^cn«iS
• do not ftsstahliA tiitafidvis to thdi pre-l^giBg diwmly and rictaess, even wffljiialjmidred
layer1 ha* pot ton fua& to tjetasniabte to fMotaafaattont
fcrest teohmattai fljroBgk jwed to assste mt& U^it sdl etjifitjastioB, postauniaatopeveift
s™*,««*—J1~J*^~--«~^---r)eMlratloriki«%e«arjde«ctSwr8 ' *
. As tfceDSS makes dear (DI.B-9J,
evea wljen tte gxss^ mtaingl ieclama£ioa p&n caSii for tije pttmtttig cf toes, excessive
comi«tf(» of to tooflng maanm, wMd swerdy wtew «« grawtt is fht nonn
Fourft, m Umrent obttede is need fcr expedMoSs, gfjiss^ps wpWioB eover to prevent
. ». Tteresult.it
^y<*t' *> ««< wiB l» heviaMe dimMstrna* and ft^maaMkn of «r rtnainiag, native
kidwooil ferest, at least fertile lifetimes of several generations of TeraessWBj.
/ iffl Apps&B (S. N. Ktedel« M,, JtMfett* Wwsay) Aows the
)O5o*mflattar«4rffiar4VT5*FVfflhBg. BsTWiteSof
woody species ftress and AMU) imieMaried at tmdistnrtel fcceat asdmtoeil-ftreat sites shows the
TTis ftoner site*, iniMetnw, jeaatste tto trees we ftmlliarly;ass«4itewMiAppaladiiaafi)re«t,SBch
asthehickoriesaDdoaks,hemlcffikandFraserm?^dia1andsugarrrBp!e, and the vines, small trees
7-5-2
MTM/VF Draft PEIS Public Comment Compendium
A-557
Section A - Organizations
-------
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MegMaguire, Scenic America
DEIS, page -7
•6. Recommendations
sdvorse 2nd severe impacts on ttis tetuii rraolirccs and, therefcrc, on o:ir economic health in fiie -
lOT^eru-mi. We beiievetto the curpjnt>n^]irtoryfiTimevvoric should be strengthtned. However, .
cxiiKsoliditiai of permitting prc<^urss as eimsioned m the propos^ alternatives aadcUminati
so;ne cun-ent provisions such as the SPZ rale in Ita vi^e of OTBOlidarion will not achieve
"
- SecUon 40! certificatic^ tie states' regulatory authority shauld continue-to be upheld. .
States' authority to derrj- vn!li\' fills in rnountainScp mining operations should be upheld.
. . Beero of their iBa^Hte-speefflccr^^
approved under the indiwdoal rather than the gmcral-pcrrrut review process. :
&QB sts&darft sbo&M reinai&.i£iE&ci.
Fiu^ evi-Juative participation and coiKultalive authoritv- of itatc and fc . .,••, .
Opportunity for public participatton.tn permit dccbions involving MTM/VF activities should not
be abridged. Public hearings on trie Draft EIS should be conducted in all the four states to wluct .
the resaftaEt. regulations would apply. ' '•',"• ..•..- - •-••' • ' -
The scJEntific irfonnatiou ouMTM'VF nuning shoddbe iuUyCTa-%oled and-ail iajplicaticiiS'Of its .
' v- guidanre. Trns is demanded by botn tle^ro^ '
inakingtriat protects tie pubhc interest in proper mans^cment of oirrnatural-raources assets.
. PC' '
1-9
1-10
1-8
Scenic America
Mr. John Forren
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103
:.Fctrec:
On behalf of ihe Board of Scenic America, I am writing to urge the Bush Administration
to stop ttOUBtoJiirtop twnovid by wat companies. This practice wiU destroy AppahcMa's scemc
bMBty, will wipe oat fcrests and flie critical habitat they contain, bury streams, and threaten
communities.
According to the Administration's draft Environmental Impact Statement (EIS) on
moimtaintop removal cod mining, the environmental effects of mountain top removal are
widespread, devastating, and permanent Yet the draft EB proposes BO restrictions on the size of
valley fill* that bury streams, no limits on the rnanber of acres of forest that can be destroyed, no
protections for imperiled wildlife, and no safeguards for the communities of people that depend
on the region's natural resources for themselves and future generations.
The Administration's "preferred alternative11 for addressing the problems eattsed by
moimtaintop removal coal mining is to weaken existing environmental protections. This
"preferred alternative" ignores the administration's own studies detailing the devastation caused
by mountaintop removal coal milling, including:
• over 1200 miles of streams have been damaged or destroyed by mountain top removal;
• forest losses in West Virginia have the potential of directly impacting as many as 244
vertebrate wildlife species;
Without new limits OB mountaintop removal, an additional 350 square miles of
mountains, streams, and forests will be flattened and destroyed by mountaintop removal mining.
In light of these t^cts, we wge you to consider alternatives that reduce A® eavHtmrneBtal
impacts, including the scenic impacts, of moanteintop removal Hunk you for your consideration
of this important issue.
Sincerely yours,
301 ?3nmylv*n& Avev,
Suit* 800
l, DC 20068
1-9
1-5
ft €>
MTM/VF Draft PEIS Public Comment Compendium
A-559
Section A - Organizations
-------
Mary Mastin, Sierra Club
SCENIC SOLUTIONS:
DESIGNS and METHODS TO SAVE
AMERICA THE SEAVTtftJt
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SIERRA
CLUB
FOUNDID itn
John Ponea
U.S, EPA (3EA30), 1650 Areh Street
Philadelphia, PA 19103
REC'D JAM 12;
Jaaaaiy 3,2003
Draft Programmatic Enviromnental Itnptct Statement on Mountain Top Mining/Valley Fill
(MIM'VF) in the AppalteMan region of ths easten United States.
Dear Mr. Forren,
Pleas* accept these comments on behalf of the Upper Cumberland Gioup of the Tennessee
Ctapw of the Sierw Club,
We write because of oar concerns 'fiat the environmental degradsttioii and destruction of
mountain Ibjests, valleys md w&ters &at has occurred in West Vijgiaia and Kentucky ifom this
type of mining not be repeated in Teaseaee at fteougfaoitf the AppaJachwi coalfields. Our
experience in looking at fe Environmental Justice, NEPA, Endangered Species and Clesn Water
Act issues connected with the mountaintop BJiaJng project at Zeb Mouatofa in Campbell County
Temiessee leavw us to conclude iha fliis type of lutoiag (here sailed "ooss-ridge" mining, bttf
we believe essentially the same as rr.outytaintop removal) cannot be accomplished without
.devastating destruction of affected stteams and creeks «ad the eco-haWtat fot may species.
While we underMtnd and agree with the need to address the vital water protection issues
involved in this type of miuiBg, the uarww focus of the three alternatives to the PEIS on
interaction between the agencies does not «*oant for other possible alternatives - ie. deep
mining or no tnimag. As the U.S. Pish aad Wildlife Service said in its September 2002 memo,
the tinee 'seSon' alternatives, H eutwctty written, cannot ba interpreted as ensuring any
improved environment*! protection... let don* protection that can be quantified or even
estimated ia advance."
The Ho Action alternative assumes AM mining - and mountaintop mining - will .continue, but
looks only at the issues of whether any change shouM be made in how the agencies {OSM, the
Corps and BPA) interact
Tennessee has a unique situation among the four states involved in the DEIS in that the federal
OSM has SMCRA jurisdiction here, TMs means compliance by OSM with NEPA is required
here and flat should involve early consultation with the Corps and with BPA - and with the state
of Tennessee's Department of Conservation and EnvKonment TMs is not being done. The
recent permitting of over 2100 acres at Zeb Mountain is a prime example.
1-5
1-8
n tttytkiipaper
MTM/VF Draft PEIS Public Comment Compendium
A-560
Section A - Organizations
-------
Because of the difference in the agencies having jtaisdifinon to administer SMCRA, we do not
believe that Tennessee should Save been totaled in Ms DMS.1
Whatever the jurisdictions! vagaries of the different states, it is essential that all permits required
to protect water quality be issued, with appropriate public notice, comment and hearings, prior to
tiie issuance of the SMCRA permit and cotrnneneemeBt of the mining. Dae to the unique quality
of the forests and diversify of rare and endangered terrestrial and aquatic species in the region of
this DEIS, individual Section 404 permits are requited under the Clean Water Act
He DEIS recognizes that the forests, streams and creeks of Appalaehia are some of the most
biodiverse to the -world, Tennessee is one of the last remaining habitats for the federally
• threatened Indiana bat Several aeotropic bbds, such ss the Cerulean and Golden warbler,
deemed "in need of management" by the State, aw finding a last refijge in the forests of the
Upper Cumberland region of Tennessee. The Cerulean warbler, in particular, seeds deep forests
to survive.
The DEIS fidls to adequately assess (he cumulative impacts to the forests torn fttture
stripmifiing and the cutting in the region that is predicted by the Southern Forest Resource
Assessment
The Southern Appalachian eeoregions are well hwwn for the richness and rarity of their
terrestrial and aquatic species. There is no doubt that fl» heavy sedimentation of the streams
involved in a mounteiBtop mining situation makes those streams inhabitable for many aquatic
species. The 0B1S correctly recognizes that the Souths* Appalachians haws one of tie richest
salamander faunas in the world. The DEIS fails to Bscopfae that salamanders and mussels, for
example, have a particular difficulty adapting or changing hmbitat to new streams.
All terrestrial and aquatic animals may have difficulty surviving largeseale mining projects when
the reclamation is sot reforestation, but to grasses and son native plants.
The DEIS correctly recognizes that the Southern Appalachians contain some of the last
remaining stands of a forest type that was once spread over the northern hemisphere and fliM
these rich deciduous hardwood forests are increasingly threatened. Tennessee's hardwood
deciduous forests, the mixed mesophytic, are the seedbed for many plant species and habitats.
Yet the DEIS falls to My consider the value of these forests and the terrestrial and aquatic
species dependent on them and the very real predictability of their destruction - and extinetianr
by widespread mouataintop mining and valley fills.
The DEIS makes false assumptions about the value of the coal produced, underestimates the
costs of mitigation measures and of cleaning up the water, and fells to consider the adverse
health consequences of increased coal burning by coal burning power plants due to increased
'The DBIS does not adequately address certain issues specific for Tennessee, when it
addresses specifics for the other states, ie the extent of remaining coal surfteeminable seams in
Tennessee or ramming issues specific to Tennessee.
8-1-2
9-2-2
coal supply. The economic value of the losses to the legion's tourism industry from the
degraded environment me not given adequate eoaiiiierittotL
The DEIS description of the choice of different mining methods and the associated costs looks.
only at maximizing the coal recovery in the least expensive possible way and does not
adequately factor to the value to the environment of environmental protection measures. Stream
mitigation and peitnittlng costs are underestimated, as well as dangers from possible dam or
sediment basin breach and from the long term effects of acid and coal mine drainage.
Due to the massive size and devastating effects of these mouataiatop mining operations, many
streams and watersheds are affected So much water is difficult to protect The DEIS fails to
consider the long term effects on pound water hydrology from widespread mountaintop mining.
Such effects can be predicted to be very sigrifieant Bonta, 3.V, Cjt Amennan, W.A. Dick, G.
F. Hall, TJ. Harlukowicz, A.C. Razeoywd RE. Sneck "Impact Sur&ce Surface Coal Mining
on Three Ohio Watersheds -Physical Conditions and Ground Water Hydrology" Journal of the
American Water Resources Association, Volume 28, Number 3, June, 1992,577-596 at 593.
The DBIS assumes a great vahie for maa-nade ponds or basins as a means of controlling
sediment According to the Stonnwater Center, "... few (sediment basins) tie probably
capable of consistently removing 70% of the tocoming sediment, much less fl>* 95 to 99%
removal that is typicafiy assumed," and measures te- increase the solids tapping efficiency of
sediment basins are rarely incorporated into the design (Stonnwater Center 2003). Stonnwater
Center (2003), "Improving the Trap Efficiency of Sedimert Basfas." Technical Note #84,
Watershed Protection Techniques. 2(3): 434-439 qtt^>^%ww.stormwatefceBter.Ba1a
The DEIS recognizes the value of headwater streams to the river ecosystem. Dappelt, et al
1993. "Even where inaccessible to fish, tee headwater streams provide M$i leveb of water
quality and quantity, sediment control, autrlants and wood debris for downstream reaches of the
watershed. latemutteat mid ephemeral headwater steams therefore ate often largely responsible
for maintaining the quality of downstream riverine processes and habitat for considerable
11-7-2
Yet, the following quotes indicate ttat me DBS tecoguzes that me dangers of valley fills and
the potential e-f&etttng values of sediment basins need former study.
"Pilling or mining steam treas even in vesy small watersheds has the potential to impact a(juatic
communities some of which may be high quality or potentially support unique aquatic species."
DEIS - ffl-D-4. It tas not been deteimiaed if draiaage structures connected with mining cm
provide some benefit"
2At the Zeb Moontato site in Tennessee, after only a few months of mining in a 10 year
life of urine operation, total suspended solids readings in a major stream (home of the federally
theateued fish flie bladside dice) have steady been consistently more flan ten times the permit
limits. WesubmitthatAec<»lindustiy'suseofmeSedCad4and OSM's permitting
procedures are based on faulty modelling and inadequate predictions for sediment loads in
sediment basins.
5-6-2
MTM/VF Draft PEIS Public Comment Compendium
A-561
Section A - Organizations
-------
Landon Medley, Save Our Cumberland Mountains, Inc.
"Farther evaluation of stream chemistry and ftjrther investigation iato the linkage between
stream chemls&y and stream biotic community asd structure are needed." DEIS-IH-D-7.
"While fhese studies illustrate that aiiaiag and valley fills may alter the sediment composition of
streams, it is not known if this change may itnptet ftactiQM of streams downstream or how long
those impacts may last. Assessment of stream sedimestt&aracterisiics should be included in any
further evaluations or monitoring program for streams downstream from mining and valley
fills." DEIS- BI-D-8
".. potential impacts from valley fills to stream chemistry and possible alterations to stream
geomorpholgy were discussed as areas of further need for investigation" DEIS -JQI-D-11
We submit that because these further studies are needed, this Draft Environmental Impact
statement is incomplete.
Finally, the DEIS fails to consider the adverse health consequences to the population in the
region (and in the nation) of increased coal burning by coal burning power plants due to
increased coal supply from increased coal mining in this region. The Bi$Mh Circuit Court of
Appeals recently found that NEPA required the Suataee Transportation Board to consider the
indirect adverse impacts of increased coal supply on air qualify. Mid-States Coalition for
Progress v Surface Transportation Bawd of America, No. 02-1359 (f^Ctr, October 2,2003).
Mcuntairrtop raining and valley fills have the potential, due to downstream reach and widespread
air quality impairment, for a devastating impact en areas much krger than those permitted. We
believe that it is a serious mistake - and self desfructive act - fbr this human species to risk
extinction of so jnsny other species all in the sake of pursuing a noxious source of energy which
has beea shown to have harmful health consequences for us alt
We suggest tot this draft Environmental Impact Statement must be re-done for additional
studies and issues to be assessed.
S-5-2
5-6-2
15-2-1
Thank you for the opportunity to make these comments.
"I
Sincerely
MaryM-
Conservation Chair, Sierra Club
Upper Cumberland Group
Save Our Cumberland Mountains, Inc.
224 South Main Street, Suite 1
P.O. Box479
Lake City, Tennessee 37769
January Z, 2004
Mr. John Forren
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
e-malledto EPA: ',%•«,••« u.:^.,^,
FIE: Commentson ffectom/ flaafeter. M$v 30. 2003 (Volume eg. Number 104) [Notices!
Engineers. ENVIRONMENTAL PROTECTION AGENCY. DEPARTMENT OF THE
INTEfitOfi. Office of Surface Mining, ana fish arid WMffs Smrice.
Environmental. ftwactSlalmmt, AGENCIES;. U.S.. Arm Corns at ' Engineers,.
of the A/my, OOP; fnyitorimsntal Protection Agfncv: Office of Surface Mining and U.S.
HshandWileilHe.ServiGe. .U£,D6fft,.Qt.the,lnt«ri0t: and West Viminia Department of
Environmental Protection, ACTION; Announcement of Draft Programmatic Environmental
Impact Statement fDFEISi availability ami notice of public hearings. Comment deadline is
January 6, 2004
Dear Mr. Perron,
The Stripmine Issues Committee of SAVE OUR CUMBERLANDS MOUNTAINS, INC.
{SOCM) is submitting the following written comments on the above agencies
announcement of the Mountaintop Mining and Valley Fills in Appalaohia. The Draft
Programmatic EtS considers new or revised program, guidance, policies, or regulations to
minimize, to the maximum extent practicable, the adverse environmental effects of
mountaintop mining and valley fill operations within the Appalachian study area In West
Virginia, Kentucky, Virginia and Tennessee. Written comments on the Draft Programmatic
Environmental Impact Statement (PHIS) must b» received by January 8. 2004.
Our comments will address concerns within the Draft PEIS with any mountaintop mining
and valley fills operations in Tennessee and Its domino effects on Tennessee's citizens, its
watersheds and individual county's economic growth plans, and the State of Tennessee
and EPA Water Agreement. SOCM membership is composed of citizens who believe that
they have an inherent power and right to affect the course of our lives and surroundings.
SOCM is committed to using this power to improve the quality of life in our communities.
MTM/VF Draft PEIS Public Comment Compendium
A-562
Section A - Organizations
-------
Craft MonnlaintoP Mining and Valtev fills PEIS Paae
Draft Mountalntoo Mining and Vatev Fits PBS Pane
SOCM believe that citizens have a right to know about and have a voice in developments
that affect us and communities. SOCM membership is concern with the Draft PEIS lack of
addressing potential cumulative problems created from long term impacts of "Mountaintop
Mining and Valley Fills" and 'Mountaintop Removal Mining" and "Crossing Ridge Mining"
operations which results in problems with restoration, maintenance and protection of water
resources found in the 22 county area of the Tennessee coal fields.
EPA's national water program has worked with the State of Tennessee to create
comprehensive state watershed approach strategies that actively seeks a higher standard
of protection for the human environment, In an agreement with EPA, the state of
Tennessee must identify all streams and lakes that do not meet water quality standards or
do not have the required control strategy in place, must develop strategies to identify
pollution sources, and purpose water quality improvements, beginning with the highest
priority streams. The Draft PEIS does not address how federal agencies and the State of
Tennessee plan to maintain the comprehensive state watershed approach strategies and
grant proposed rnountaintop mining and valley fills and mountaintop removal operations
and cross ridge mining operations projects. "MountainiOD mining operations in the
Appalachian cMUieiqs involved fundamental changes tofts.region's landscape-and
terrestrial wildlife habitats." [EPA, OSM, COE and FWS Preliminary Mountaintop Mining
PEIS, January 2000] Mountaintop mining and valley fills would change the Tennessee's
watersheds into wasteland of grassy knolls. With the increasing size of mountaintop
mining operations, a single permit could change thousands of acres of Tennessee's
hardwood forests, seriously pollute streams, and damage the sensitive ecological diverse
watersheds. Tennessee's ecoregions serve as a geographical framework for establishing
regional water quality expectations. Tennessee's watershed approach serves as an
organizational framework for systematic assessment of Tennessee's water quality
problems. This unified approach affords a more In depth study of each watershed in the
Tennessee coalfields and encourages coordination of public and governmental
organizations. The proposed Draft PEIS falls completely to address how the proposed
federal action will impact Tennessee's Watershed Management Approach program.
The proposed federal action on mountaintop mining and valley fills, mountaintop removal
mining and cross ridge mining operations weakens the State of Tennessee's, U.S. Army
Corps of Engineers', U.S. Fish and Wildlife Service's and EPA's standards for the highest
priority of environmental management programs and protection policies to address
problems associated with hydrologically-defined geographic areas and ground and
surface water flow in the sensitive ecosystem watersheds of Tennessee's coal fields. The
Draft PEIS for mountaintop mining and valley fills under current review weakens
Tennessee and federal guidelines and principles of assessing proposed federal actions by
partnerships, geographic focus and sound management techniques based on strong
science and the latest data. Federal agencies continue to "re-act" to mine related
problems instead of anticipating problems.
Over the past two decades, the Environmental Protection Agency (EPA), U.S. Army Corps
of Engineers (COE), U.S. Fish and Wildlife Service (FWS) and the Office of Surface
Mining Reclamation and Enforcement {OSM) have achieved important reductions in
discharged pollutants to the Nation's air, lakes, rivers, wetlands, estuaries, coastal waters,
5-6-2
and surface and ground waters. These successes have been achieved by controlling
point sources of pollution and enforcing high standards. The Clean Water Act was
a major role player in achieving these improvements in our Nation's drinking water supply.
The proposed changes to mountaintop mining and valley fills permitting would seriously
damage all federal agencies' credibility and accountably to the American public to restore
and maintain the chemical, physical, and biological integrity of our Nation's waters. The
Draft PEIS usage of the so-called "Study Areas" data for Tennessee which consist of data
from known violators of SMCRA regulations and the Tennessee Division of Water
Pollution Control - Mining Section's NPDES regulations is being used to misinterpret how
the Tennessee Federal Program is addressing program-wide impacts and support of
program-level decisions related to mountaintop mining and valley fills. The Programmatic
EIS should discard all data from the Tennessee Federal Program in reviewing
mountaintop mining and valley fills.
EPA, FWS, OSM and COE emphasis must be on raising the bar to a high standard to
strengthen the public trust and sustain long-term environment improvements to our
Nation's drinking water supply. The Draft PEIS does not achieve these high standards in
its current form. Nationwide, the Draft PEIS only allows legal loopholes for coal industry
operators and federal agencies to weaken the Clean Water Act of 1977 (CWA) and the
Surface Mining Reclamation and Control Act of 1977 (SMCRA). In Tennessee it weakens
the Tennessee Water Quality Control Act, and the Tennessee Code Annotated 69-3-101
to 69-3-137, and the Tennessee Safe Drinking Water Act of 1983, TCA $8-221-701 to 68-
221-720, and the Tennessee Federal Program, 30 CFR Subchapter T, Part 942 -
Tennessee.
SOCM is concerned that the proposed Draft PEIS including Tennessee with states that
have actual mountaintop removal mining sites with approved SMCRA permits. The study
area data provides partial useful information while much of the data is too outdated to
apply to the criteria stated in the February 5,1999 Notice of Intent. [64 FR 5778]
Particularly alarming are the differences between the Preliminary PEIS of January 2000
and the Draft PEIS of May S003. The data from Tennessee's "Study Area" is misleading
to the overall impact assessment in the Draft PEIS.
SOCM finds the Draft PEIS document to be inadequate and too deficient to adequately
evaluate the Tennessee Federal Program and its program-wide impacts and support
program-level decisions that are reasonable and defensible. The Draft PEIS evaluation
does not provide complete environmental review and cost analysis of the array of issues
concerning the natural and built environmental concerns. Key environmental advantages
and disadvantages such as habitat loss, changes in land use, siting difficulty, sediment
requirements and potential long and short-term consequences, monitoring needs and
aesthetic impacts are not adequately address. The Draft PEIS does not address how the
proposed federal action will affect the State of Tennessee own environmental and
economic development policies.
While the proposed Draft PEIS addresses Issues from the eyes of federal agencies and
the political powers that be in Washington, DC, It fails to address the serious concerns that
mandated the PEIS. Chief U.S. District Judge Charles Haden opened the eyes of America
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to the serious damage being done to tie Appalachian region of America, [cite Judge
Charles H. Haden's decision October 1999, Brnoo v, Robertson. {Bragg, U.S. District
Court, Civil Action No. 2:98-0636 S,D. WV} Judge Haden's bold position to hold federal
agencies accountable for they actions should be the guiding light in drafting any proposed
PEIS to address significant impacts to our Nation's drinking water supply. The current
Draft PEIS does not meet its original intent under NEPA. The Draft PEIS only priority is to
support the use of mountaintop mining and valley fills, mountaintop removal mining and
cross ridge mining and other types of surface coal mining in the Appalachian coalfields.
Sincerely,
LANDON MEDLEY, Chair
SOCM, Stripmine Issues Committee
SOSM Staff Contact:
Jonathan Dudley, Organizer
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CG: (T«xt only, no attachments)
Kathsfins Trait, U.S. Asny Corps of Engineers, Washington, DC
Michael Robinson, U.S. Office ol Surface Mining, Pittsburgh, PA
Cindy TibboK, U.S. fish and WMife Service, 8taia Cdiage, PA
Russell Hunter, West Virgmia Depadcnsnl of Environmental Protection, Njiro, W.VA,
Governor Phil Bredssen, Nashvfiie, IN
U.S. Senator Blif Frfot, Washington, DC
U.S. Senator Lamar Alsxanctef, Washington, DC
U.S. f^reaerrfafiye Lincoln Daws, Washington, DC
Commissioner Betsy Chiida, TDEC, N&shvtBs, TN
EXECUTIVE SUMMARY AND
SAVE OUR CUMBERLAND MOUNTAINS, INC.
POSITION ON MOUNTA1NTOP REMOVAL MINING
AND CROSS-RIDGE MINING
The Draft Programmatic Environmental Impact Statement (PEIS) was prepared by the
U.S. Army Corps of Engineers (COE), the U.S. Environmental Protection Agency (EPA),
the U.S. Department of Interior's Office of Surface Mining (OSM) and U.S. Fish and
Wildlife Service (FWS), and the West Virginia Department of Environmental Protection
(WVDEP). The purpose of this EIS was to evaluate options for improving agency
programs under the Clean Water Act (CWA), Surface Mining Control and Reclamation Act
(SMCHA), the Fish and Wildlife Coordination Act (FWCA) and the Endangered Species
Act (ESA) that would contribute to reducing the adverse environmental impacts of
mountaintop mining operations and excess spoil valley fills (MTM/VF) in Appalachia.
Preparation of this Draft PEIS was intended to address substantial information gathering
and relevant historical data, detail several possible alternative policy frameworks, and
contains the result of scientific and technical studies conducted as part of an effort to
address significant cumulative environmental impacts due to mountaintop mining and to
address Impacts from Mountaintop Removal Mining operations pursuant to trie agreement
in the settlement agreement known as Brsfia v, flofaartson. Ctv. No, 2:9S-0636_fS,D.
W.V.S, This is a "programmatic" EIS consistent with the National Environmental Policy
Act (NEPA) in that It evaluate board Federal actions such as the adoption of new or
revised agency program guidance, policies, or regulations. "Mountalntop mining" refers to
coal mining bv surface methods (e.g.. contour mining, area mining, and Mountaintop
removal mining! in the steed terrain of the central Appalachian coalfields. [PEIS,
Executive Summary, page ES-1,2003)
This Mountaintop Removal Mining and Valley Fills data in the Draft PEIS should give more
than a cursory investigation into the current and potential impacts of Mountaintop Removal
in Tennessee. In the Draft PEIS Tennessee surface coal mining operations are Included in
some of the data. However the Draft PEIS never examines the history of compliance of
these surface coal mining operations in Tennessee, which are included In the Draft PEIS.
SOCM ocooses MauataintOD Removal and Cross fifete Surface Coal Mining Operations,
These practices are violations of the spirit of federal laws: CWA, SMCRA, FWCA and
ESA. Mountaintop Removal and Cross Ridge mining forever alters the landscape and
destroys mountain communities. Mountaintop removal is incompatible with long-term
economic development opportunities such as tourism.
In Tennessee there have been few if any permits for Mountaintop Removal operations.
Instead OSM's Knoxvllle Field Office has been issuing permits for other types of
Mountaintop Mining. Over the past ten years OSM's Knoxvilte Field Office has issued five
permits for "Crass-Ridge Mining". SOCM views Cross BMoe Mining" as another tvoeol
Mountaintop Removal and is oooosad to this oracte. The use of a different name for
what amounts to basically the same practice is a cynical attempt by the coal industry and
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OaftMountalntepMininaandValtevFisPBSPaoe
regulatory agencies to avoid the scrutiny that has been focused on Mountaintop Removal
by Judge Haden's decision.
Cross Ridge Mines do not receive a variance from AOC; and purport to restore mountains
to their original contour. In some oases this may lesson the need tor "Valley Fills" or "Head
of Hollows Fills". However so far in Tennessee afl Cross Ridge Mines have either been
permitted with or revised to have changes to include fills. Even when Cross Ridge Mines
do not include valley fills they may be just destructive (through erosion, disturbance of
large acreage, and potential slope failure) to public waters as valley fills. SOCM is very
concerned about the safety of operation - there is much potential for hazards both to coal
industry employees working on site and citizens who live near these mines.
The impacts of Cross Ridge Mining in Tennessee and potential impacts of the practice
across the region must be addressed In the Draft Programmatic EIS. The Draft
Programmatic EIS for the federal program in Tennessee dedicates only a few paragraphs
to this practice under the title Cross Ridge Mountaintop Removal. The Mountaintop
Mining Draft Programmatic EIS should take a comprehensive look at Cross Ridge Mining.
The Draft PEIS should address concerns about disposal of excess spoil, stope stability,
erosion, safety, and technical feasibility related to Cross Ridge Mining.
The Draft PEIS only looks at blasting complaints during the period of June 1998 to July
1999. During this period there were only 6 blasting complaints in Tennessee. We know
that at the Cumberland Coal Company site in Cumberland County, Tennessee alone there
were more then 10 complaints. We know that current SMCRA regulations allow blasting
which damages homes and wetls. This study should not use the assumption that
compliance with blasting regulations will prevent damage.
The Draft PEIS fails to access the significant direct and indirect impacts of mountaintop
mining on the economies of Tennessee's 22 coalfield counties. The Draft PEIS should
examine the full cost of surface coal mining operations on the economy, instead of only
looking at surface coal mining jobs. The Draft PEIS does not address cumulative impacts
of changing the topography and land cover or storage of mine waste in head of hollow flHs
would have on Tennessee,
Members of Save Our Cumberland Mountains who fought for the federal Surface Mining
Control and Reclamation Act of 1977 and created the Applicant Violator System (AVS)
program took seriously the provision of SMCRA which says that Mountaintop Removal
with a variance from Approximate Original Contour will only be allowed when it is shown
there is a better post mining use for the land if it Is left flat. These members question
whether this standard had even been applied. The wids use of granting a variance from
approximate original contour that we have seen in other states Is unacceptable and is not
in the spirit of the 1977 Surface Mining Control Reclamation Act.
The use of "Valley Fife" and other mining practices that store waste or otherwise alter the
waters of the United States are in violations of the Clean Water Act and should not be
permitted. Federal agencies should enforce the 100 feet buffer zone and the Clean Water
Act. Mountaintop Removal operation by design violates these laws.
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11-9-2
19-3-2
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SOCM strongly disagree with the premise that batter coordination among agencies will
address concerns atiout Mountaintop Removal and Mourtalrfiop Mining. Instead federal
agencies should study the impacts of these mining practices and- act to protect
communities and the environment by not allowing Valley Fills and Head of Hollow Fills, not
allowing an Approximate Original Contour Variances, enforcing the 100 feet stream buffer
zone, and taking a second look at the feasibility of returning whole mountain peaks to
original contour. SOCM an organization of over 2000 members in Tennessee wishes
to go on record opposing "Mountaintop Removal" mining and "Cross Ridge"
mining operations In theeoameltUt of Tennessee and our Nation, SOCM does not
support Alternatives #l,£jui
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Draft Mountaintao Mlnlna and Vaitev Bite PEIS Page
Mourttatntop Removal operation with an AOC variance. Most people In Tennessee were
not aware of the Draft peis. The Drtft PEIS falls to provide the best available scientific
and technical information that will facilitate a better informed, more coordinated and
efficient decision-making process by federal agencies.
The Draft Programmatic EIS should be discarded and return to its original task to prepare
a joint voluntary Environmental Impact Statement that will fairly examine agency policies,
guidance, and decision-making processes in order to determine whether they can and do
minimize, to the maximum extent practicable, adverse environmental effects from
Mountaintop Mining, Mountaintop Removal Mining and Cross Ridge Mining operations
and the disposal of excess spoil in valley fills. The current Draft PEIS only "rubberstamps"
the present policies of federal and state agencies and revised the currant procedures to
do away with surface coal mining law's buffer zone that prohibits mining activities to
disturb within 100 feet of large streams, eliminating the current limit on using nationwide
permits to approve valley fills in West Virginia that are larger than 250 acres, and giving
the Office of Surface Mining and Reclamation a greater in Clean Water Act permitting.
Judge Haden's decision recognizes the damage being done to Appalaehia communities.
The current proposed Draft PEIS fails to address the irreversible harm to the environment
and to communities in the coalfields of our Nation. The Draft PEIS at ES*8 states that
approximately 1200 miles of headwater streams "were directly impacted" by Mountaintop
Removal Mining and Valley Fills between 1992 and 2002. There is no scientific basis that
would confirm an environmentally "acceptable" amount of stream loss. The Mountaintop
Mining and Valley Fills EIS Steering Committee agreed that it is "difficult if not impossible
to reconstruct free flowing streams on or adjacent to mined sites". (August 15, 2002,
committee's working draft)
Save Our Cumberland Mountains ask that federal tnd state agencies and their officials I
realizes that the current regulations, policies, procedures, and guidance has not
adequately protected the environment and the citizens of the coalfields of our Nation. The
proposed Draft PEIS is a step backward in time to 1976 before the Clean Water Act, the
Clean Air Act and SMCRA. Our citizens, their communities and the environment should
not become a political toy by the coal industry. SOCM urges that federal agencies step
back to the Preliminary Draft PEIS and start all over again to address citizen's original
concerns and Judge Haden's decision.
END
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SAVE OUR CUMBERLAND MOUNTAINS, INC.
STRIPMINE ISSUES COMMITTEE
WRITTEN COMMENTS ON
FEDERAL REGISTER: MAY 30,2003, PAGES 32487-32488
DRAFT PROGRAMMATIC ENVIRONMENT IMPACT STATEMENT
ON MOUNTAINTOP MINING / VALLEY FILLS
Save Our Cumberland Mountains, Inc. (SOCM) is an organization that was originally
founded by citizens and for citizens affected by stripmining activity in eastern Tennessee
and the Cumberland Plateau. Many of our members livt in the 22 coalfield counties of
Tennessee (Appalaehia). SOCM has a long-standing history of struggling for citizen's
rights to clean and safe drinking water and to liv» in a safe environment. SOCM is a
member of the Citizens Coal Council. The following comments are submitted to
specifically address the Draft PEIS 2003 and its contents as It relates to proposals and
statements made about mountaintop mintng and valley fills in the coalfields of Tennessee,
The definition of "Mountaintop Mining/Valley Fills (MTM/VF) Mining and Mountaintop-
Rernoval Operation used in our comments is pursuant to the Draft PEtS definition found
on in Glossary on pages Vlli-10 and Vlil-11. While the Tennessee Federal Program's
definition found in OSM-E1S-18 varies somewhat in its wording, the Draft PEIS should
clarify all official definitions for Federal run programs and state run programs. The general
public finds it confusing to determine the differences between the "mountaintop
mining/valley fills mining" and "mountaintop removal operations" found in the Draft PEIS.
SOCM feels that this will cause many problems in written comments being submitted by
citizens during the comment period.
The Tennessee coalfields are made up of the following (22) counties; Anderson, Bledsoe,
Campbell, Claibome, Coffee (no coal reserves are known to sxist in Coffee County),
Cumberland, Franklin, Grundy, Hamilton, Fentwss, Marion, Morgan, Overton, the eastern
parts of Piekett, Putnam, Fthea, Roane, Sequatchie, Scott, Sullivan, Van Buren, Warren,
and White, [see page 3-1, Final Environmental Impact Statement, OSM-E1S-18],
Under NEPA, the primary purpose of an environmental statement is to serve as an action-
force device to insure that the policies and goals defined in the Act are infused into the
ongoing programs and actions of the Federal Government. [30 CFR Section 1502.1] The
draft environmental impact statements shall be prepared in accordance with the scoping
process. [30 CFR 1502.9(a)J SOCM feels that the current Draft PEIS is so inadequate as
to preclude meaningful analysis that a revised draft PEIS should be done. The current
Draft PEIS fails to assess the significant direct, indirect and cumulative impacts of large-
scale mountaintop mining and valley fills on each individual watershed communities in
Tennessee. The analyses of Tennessee's coalfield counties and the State of
Tennessee's economic development and community growth plans are weak in evaluating
impacts to long-term growth plans. "Environmental impact statements shall serve as the
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means of assessing the environments! impact of proposed actions, rather than Justifying
decisions already ma*." [30 CFR Section 1502.2{g)] Federal agencies must, at a
minimum, comply with the CEQ NEPA regulations when conducting their programs. The
Draft PEIS has not taken a "hard took" at the cumulative environmental impacts of
mountaintop mining; the viability if reclaimed streams compared to natural waters; the
impacts that filled valleys have on aquatic life; wildlife and nearby residents; biological and
habitat analyses that should be done before mining begins; ways to avoid and minimize
stream filling; and the effectiveness of mitigation and reclamation.
The Draft PEIS should analyzes the comprehensive impacts to the human environment of
decisions by federal agencies resulting from all types of coal mining conducted under the
Tennessee Federal Program. The Draft PEIS should analyze the cumulative impacts that
would result from any proposals to change current policies. Since October 1,1984, OSM
implemented a Federal program for the regulation of surface coal mining operations In the
State of Tennessee, [page 1-1, OSM-EIS-18] The Draft PEIS proposed to changes
portions of the current program policies to address mountaintop mining and valleys fills.
This may effect the State of Tennessee statutes or regulations. The Draft PEIS needs to
document what effects the Draft PEIS proposals will have on State of Tennessee's
statutes and regulations. The current Draft PEIS has volume after volume of
documentation on Kentucky, Virginia and West Virginia while very little documentation Is
given on Tennessee within the Draft PEIS. The federal agencies' press releases refer to
better federal interagency commitment to require significantly better environmental review
and protection measures.
The Draft PEIS needs to analyze all types of coal mining operations under the Tennessee
Federal Program. Underground and surface coal mining methods, reclamation
procedures associated with each method, and coal preparation plants and tipple
operations that are described in the OSM-EIS-18. Underground coal mining, Surface
mining, Area mining, Dozer-loader-truck area mines, Contour mine, Augering, and
Mountaintop Removal operations data should be part of the analyzed data in the Draft
PEIS. The Draft PEIS should state what impacts the proposed policy changes would likely
have on these methods of mining operations under the Tennessee Federal Program.
Mpyntaintop removal is the removal of entire mountaintop down to the bottom of the
lowest coal seam being recovered, fpaoe 3-9. OSM-EIS-18) Mountaintop Removal
Operations, includes, those mines that remove all or a large portion of a coat seam or
seams running through the upper fraction of a mountain or ridge. There three types of
mountaintop removal operations: (1) mountaintop removal with a variance from
approximate original contour (AOC), (2) mines which remove all of the coal seam or
seams in the upper fraction of a mountain but which return the land to AOG, and (3) steep-
slope mines with an AOC variance. Under SMCRA, as well as both Federal and State
regulations, all mines are required to return the mined land to AOC, unless the regulatory
authorities, which, in Tennessee, are OSM, and the US Army Corps of Engineers, grant a
variance. What is inadequately considered in the Draft PEIS is the role of the State of
Tennessee in the proposed policies, guidance and coordinated agency decision-making
process.
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The purpose of the Draft PEIS, according to the Notice of Intent published In the Federal
Register on February 5,1999, Is
'to consider developing aoenov policies. tmiOance. and coontlnated agency
decision-making process to minimize, to the maximum exi@_aLBiaeiieahiSL±tis
itfyerse ertyimntmntal effects to waters of the United States and to fish and wildlife
resources affect
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Draft Mgumaintop Mtnlna and Valley Rfc PEIS Page
As slated by Kentuckians for the Commonwealth's Daymen Morgan, "Once your old
Kentucky home Is gone, it is gone." No federal or state agencies can place a price tag on
such a loss. This emotional statement reaches to the heart of the fundament principles of
citizens' rights under the Constitution and the guiding principles of NEPA. Citizens across
our Nation are only asking that federal agencies protect their communities. These
individual rights and guiding principles are what US soldiers are dying for even today in
2004.
The information in the Draft PEIS gives the reader the impression that program's
improvements put in place by federal and state agencies since 1998 have solved all the
problems associated with mountaintop mining and valley fills. Here lies the real problem
with making decisions and evaluations without proven scientific evidence. Does the Draft
EIS meet all statutory requirements, as required by Section 102(2)(C) of NEPA [30 CFR
Section 1502.3)? The Draft PEIS data is a collection of information gathered during a
three-year period from states which operated their own individual SMCRA programs in
Virginia, West Virginia and Kentucky on mountaintop mining and valley fills operations.
The Tennessee Federal Program submitted data specifically on cross-ridge mining,
contour mining, auger mining and area mining operations. Some of these sites are known
violators of SMCRA and Tennessee Water Quality Control regulations.
SOCM believes that the Draft PEIS should include all statutory requirements that should
be analyzed pursuant to: on proposals (sec. 1508.23), for legislation (See. 1508.17), other
major Federal actions (Sec. 1508.18), significantly (Sec. 1508.27), affecting (Sees, 1508.3
and 1508.8) and the quality of the human environment (Sec. 1508.14), regarding any new
proposed policies by federal agencies.
The Draft PEIS's Tennessee data does not supply adequate data or impacts assessments
specifically on "mountaintop removal mining" permits in Tennessee since OSM-Knoxville
had not been issued any permits for mountaintop removal mining during the study period.
The mixing of data from different types of surface coal mining operations does not address
the "Notice of Intent" of February 5,1999. Federal agencies cannot apply assessment of
cumulative Impacts from other types of surface coal mining operations to specifically
evaluate the impacts from "mogntaintop removal mining" operations. In the Draft PEIS,
the term "mountaintop mining" is not defined in the Surface Mining Control and
Reclamation Act of 1977. SOCM believes that the require regulation 30 CFR 1502.4(c)(3)
has not been achieved in the proposed Draft PEIS. SOCM finds that no proven "new
technologies" are available to date on research, development or demonstration programs
to address the Tennessee Federal Program pursuant to the original intent of the Draft
PEIS. The Study Area for Tennessee in the Draft PEIS does provide some data on
unproven "new technologies" sites. Many of these sites in the "Study Area" of Tennessee
are locations of past and ongoing surface coal mining operation's violations.
Does OSM-Knoxville currently use appropriate standards in evaluating whether a
particular postmining land configuration constitutes a return to AOC? They are various
characteristics of land after mining" in terms of elevation changes, creation of valley fills,
creation of level sections, and other general descriptive information. The issue is how any
9-2-1
of those characteristics, either by themselves or in combination, may be used in
determining if mountaintop mining in Kentucky, Virginia, and West Virginia has been
achieved to meet regulations. In Tennessee, the situations where OSM-Knoxville has
determined that a waiver from AOC requirements is necessary, has it required appropriate
postmining land use in granting the waiver? Was this information factored into the Draft
PEIS assessment?
While mountaintop removal mining and valley fills are emotional issues, the Draft PEIS
must provide sufficient scientific evidence to conclude that different methods of
mountaintop mining operations are an acceptable risk in Tennessee. Mountaintop mining
operations raise a number of other complex issues and consequences that are partially or
totally outside the confines of SMCRA. One of the issues that both OSM and other federal
agenciss are continuing to examine is the way mountaintop mining operations affect local
stream through construction of valley flits. The matter of valley fills involves the
overlapping jurisdiction of several federal agencies including OSM, the U.S. Fish and
Wildlife Service, the U.S. Environmental Protection Agency, and the U.S. Army Corps of
Engineers. The Draft PEIS must consider how federal agencies will coordinate with
individual state's agencies and regulations to address various issues that are associated
with mountaintop mining and valley fills practices. These various issues consist of the
NEPA's "hard-look" catalogues for specific impacts outside of the direct and indirect
impacts to the environment, The Affected Environment (Sec. 1502.15) and the
Environmental Consequence* (Sec. 1502.16) of the Draft PEIS should included
information and analysis of environmental impacts of the proposal and the alternatives
of direct, indirect and cumulative impacts.
Past litigation in the Draft PEIS "Study Areas" for Tennessee {see map, Attachment #1]
should have raised serious questions about compliance with the Clean Water Act in
connection with mountaintop mining and valley fills operations in the future. The Draft
PEIS Study Areas noted mountaintop mining operations (pursuant to Draft PEIS definition)
which resulted in the following lawsuits during the compiling of the Draft PEIS:
1. (see Attachment #2A): Eastern Minerals Int'l v, v. The United States, Supreme Court
No. 01-1100(2002),
2. (see Attachment #28): Eastern Minerals Int'l v. The United States Fed Cl No. 99-5054,
-5059 (November 19, 2001) which summarizes ( Eastern Minerals Int'l v. The United
States 168 F. 3d 1322 (Fed, Cir. 1988) and (Eastern Minerals Int'l v. The United
States, 39 Fed. Cl 621,631 1997[Eastern II] and (Eastern Minerals Int'l, Inc. v. The
United States, 36 Fed. Cl. 541, 552,1996 (Eastern I]) and Eastern Minerals Infi v. The
United States Fed Cl filed Dec. 29,1994),
3. (see Attachment 2C); Cane Tennessee, Inc. and Co/ton, Inc. v. The United States,
Fed. Cl No. 96-237L Filed September 30,1999).
4. (see Attachment 2D): Rith Energy, Inc. v. The United States, Supreme Court No, 01 -
1145(2002).
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5. (see Attachment 2E): Rith Energy, Inc. v. The United States, Fed. Ci No. 99-5153,
Filed May 2, 2001.
6. (see Attachment 2F): Rith £n$rgy, Inc. v. The United States, Fed. CI No. 92-4801,
Filed June 25, 1999 and Motion for Reconsideration, Filed July 28, 1999 which
summarizes Rith Energy, inc. v. The United States (No. 89-1-PR, March 26, 1989)
Rith Energy, Inc. 1111BLA 239, 244 (1989), Rith Energy, Inc. v. The United States,
Filed November 22,1989, filth Energy, Inc. v. The United States, Filed January 25,
1989, Rith Energy, Inc. v. The United States, Filed August 31,1988.
7. (see Attachment 2Q: Mountains Save Our Cumberland, Inc. v. Office Surface Mining
Reclamation and Enforcement, and Skyline Coal Skyline, NX-97-3-PR (1998).
The Draft PEIS fails to assess conflicts with other states agencies' and federal agencies'
land use and environmental laws, regulations, and policies from mountaintop mining and
valley fills operations. Are ffie proposed alternatives In ihe Draft PBSJo.ogmpllance with
the State of Tennessee's laws and regulations? In order to provide an accurate picture of
mountaintop mining and valley fills operations in Tennessee, the Draft PEIS readers would
need to know the answer to this question. The data about the actual size of the valley fills
created in connection with the mountaintop mining operations and valley fills should be
factor into the evaluation. The Draft PEIS has omitted assessing limiting sizes of mining
operation as an option to minimize impacts.
The draft PEIS fails to answer if mountaintop mining is an acceptable risk in Tennessee.
All the "Study Areas" in Tennessee were either cross-ridge mining, contour mining, area
mining or auger mining operations. These sites chosen for data have some of the worst
surface coal mining violations in the history of the Tennessee Federal Program. [OSM-
Knoxville Field Office NOV files] Skyline Coat Company stands as one of the worst
surface coal mining site for violations. The data provided by OSM-Knoxville from the
Skyline Coal Company should be question. The Draft PEIS fails to note the long history of
problems of surface coal mining the toxic and acid mine drainage of the Sewanee ooai
searn. The Draft PEIS fails to note the lawsuits between OSM and SOCM in permitting
the Big Brush Creek Mining Complex. The Draft PEIS falls to note other problem areas in
the Sewanee coal seam such as; Eastern Minerals (Bledsoe County) v. Rith Energy
(Bledsoe County) and Skyline Coal Company (Sequatchie Van Buren Counties). The
bankrupt Horizon Natural Resources {former AEI Resources Holding, Inc.) and their
associates companies in Tennessee have serious data accuracy questions. The
Cumberland Coal Company's problems with recorded mining violations. [OSM-Knoxville
Field Office Novs files] Yet, the Draft PEIS, "assumes that Impacts in fte study ame
would probably be at least as significant as Impacts in other areas, and that the measures
to address these impacts for the study area would teatfeouate for other anas aswetl."
[page, PART 1-3, PEI81 This leaves SOCM to question the valley fills data associated with
these surface coal mining operations resulted in the loss and degradation of Tennessee
streams, and that ARAP, NPDES and SMCRA permits were being improperly applied.
And yet, the writers of the Draft PEIS give the readers the assumption that mountaintop
3-5
mining and valley fills impacts can be "minimize" by state run programs in Kentucky, West
Virginia, and Virginia. Yet, the Tennessee Federal Program can not "minimize" regular
surface coal mining operation's impacts in Tennessee associated with known violator's
surface coal mining operations.
The Draft PEIS 'last-food" approach of selective gathering and assessing of data for a
short 3-year period is not scientifically sound. The Preliminary EIS of January 2000 raised
a number of concerns with the long-term cumulative impacts from mountaintop mining that
have been shadowed by the Draft PEIS of May, 2003. SOCM questions the reference
data in the Draft PEIS, relating to Tennessee, it is not accurate up-to-date mountaintop
mining date. Since the Tennessee Federal Program is administrated by OSM directly, it
can not accurately represent a state run program such as Virginia, Kentucky and West
Virginia. More complete data collection and analysis, and other actions, such as peer
review, would aid to consider developing agency policies, guidance, and coordinated
agency decision-making process to minimize the adverse environmental effect.
NEPA review sets forth a process designed to ensure that the environmental information
is available to public officials and citizens before decisions are made. Since the release of
the Draft PEIS, SOCM has not seen a printed public notice in any of the 22 county area of
the Tennessee coalfields to let citizens know if the proposed federal action.
There are still uncertainties about how to apply the AOC requirements in the Draft PEIS,
and how broadly or narrowly the postmining land use limitations should be construed by
federal agencies. These uncertainties change with each new administration In
Washington, DC.
SOCM has concerns with the administration of various aspects of the mountaintop mining
and valley fills program. Some of the issues have existed since the early days of the
Tennessee Federal Program [49 FR 15496,49 FR 38874], while other concerns related to
the recent increase in the number and size of mountaintop mining permits that will effect
the future decision-making under the Tennessee Federal program. Such decisions, must
be made with the cooperation of local and state agencies, and have full public
involvement.
The Draft PEIS should assess and analysis the federally operated Tennessee Federal
Program's mountaintop mining and valley fills conflicts. The Tennessee Federal Program
has a long history of problem areas: (1) public notice, (2) regular schedule meetings with
the public, (3) outreach meetings in the coalfields of Tennessee, (4) public involvement
with the SMCRA permitting process, (5) scoping public notices, (6) peer review process,
(7) networking with all state agencies, (8) enforcement of SMCRA laws, (9) holding public
hearings for incomplete SMCRA permits, (10) poor assessments of direct and indirect
cumulative impacts at permit sites, (11) poor records of site inspections, (12) issuing
permits at National Historic sites: 'Trail of Tears", (13) delaying lands unsuitable of mining
petitions, (14) blasting inspections and enforcement, (15) enforcing the Clean Water Act,
(16) issuing fines for NOVS, (17) poor assessment of AMD impacts on aquatic life near
SMCRA permit sites, (18) issuing poor water monitoring plans at SMCRA permit sites,
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CONCERNS WITHTHE DRAFT PEIS "STUDY AREA" DATA
AND THE TENNESSEE FEDERAL PROGRAM
AND THE AVS PROGRAM
The cumulative impact study areas in Tennessee consisted of surface coal mining sites.
[see again. Attachment #1] These sites received SMCflA permits between January 1992
to 2002, These sites were approved to use surface mining methods or a combination of
surface and underground methods to extract coal. This data from the Tennessee Federal
Program were used by OSM Pittsburgh Office to study cumulative impacts for the Draft
PEIS along with data from individual state run programs in Kentucky, West Virginia and
Virginia.
What is missing from the database information is
* The history of types of surface mining operations were used and the history of violation
data from each site.
• Additional data characterizing violations would show a clearer picture and
understanding of problems related to SMCRA permitting in Tennessee.
• Information from the AVS Federal database on mining operators at each Tennessee
Study Areas.
• New geographical discoveries in Tennessee's coalfields are missing from the OSM's
database. Additional discoveries of plants, animals and aquatic life is missing from the
OSM's database.
• The OSM-Tennessee database does not show new state parks and natural areas
designated by the State of Tennessee,
• The total numbers of NOVs from each of the "Study Area" site(s) are missing from the
OSM's database. This important information of NOVs would show a clearer
understanding of potential cumulative problems that could occur with mountaintop
mining and valley fills. An example of one of the worst cases of degradation in
Tennessee is the Big Brush Creek Complex of Skyline Coal Company owned by
Addington Enterprises (now Horizon Natural Resources) in Van Buren and Sequatchie
Counties, Tennessee.
. OSM-EIS-18, 3.2.2 RESERVES OF COAL IN TENNESSEE, pages 3-1 to 3-4 gives a
clearer picture of the reserves of coal in Tennessee. Does the scope of the Draft PEIS
go beyond the minimum recovery factor of measured coal seams? The potential
cumulative impacts would vary from county to county in Tennessee due to the depth of
each individual coal seam,
• OSM-EIS-18, 3.3 COAL MINING OPERATIONS, pages 3-6 to 3-10, addresses such
operations as: 3.3.1 Underground coal mining, 3.3.2 Surface mining, 3.3.2,1 Area
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mining, 3.3.2.1,1 Dragline area mines, 3.3.2.1.2 Dozer-loader-truck area mines, 3.3.2,2
Contour mine, 3,3.2,3 Mountaintop removal. 3.3.2.4 Augering, and 3.3.3.1 Tipples, and
3.3.3.2 Preparation plants. Does the scope of the Draft PEIS cover all of the above
operations?
• OSM«EIS-18, Figure 3-1, Regional map of the Tennessee bituminous coal field, page
3-12, The map shows individual counties. Does the Draft PSS include data from ALL
22 counties?
• OSM-EIS-18, 3,5,1.1 GEOLOGY OF THE TENNESSEE BITUMINOUS COAL FIELD,
page 3-13, Five regions of coal province are named: Cumberland Block Region,
Wartburg Basin Region, the Northern Cumberland Plateau Region, Southern
Cumberland Plateau Region and Walden Ridge Region. Does the Draft PEIS
assessment data include all five regions? They are more than 25 named coal seams
in the Cumberland Block Region, page 3-17. The Wartburg Basin Region has 16
commercial coal beds, page 3-18. The Northern Cumberland Plateau Region has 5
commercial seams and 15 named coal beds, page 3-19; The Southern Cumberland
Plateau has 7 coal seams and 13 named coal beds, page 3-20. The Walden Ridge
Region has 9 commercial seams and 13 named coal seams. Does the Draft PEIS
assessment data include all five regions and their Individual coal seams'
• OSM-EIS-18, 3.5.2.1 SURFACE WATER QUALITY, page 3-21, Abandoned and active
mines exist in all five-coal regions. Does the Draft PEIS database assessment Include
the results from these abandoned and actives mines? To fully assess the intent of the
Draft PEIS, and address proposed policy changes. Federal agencies would need to
know past mountaintop mining operations impacts in these regions.
• OSM-EIS-18, page 3-22, paragraph 2, "Problems associated with surface runoff are
directly related to climate and precipitation as well as to topography and geology."
Does the Draft PEIS address potential Increases of these types of associated
problems with mountaintop mining and valley fills?
• OSM-EIS-18, Figure 3-5, Wildlife Management areas within the adjacent to the
Tennessee coalfields, as outlined on pages 3-60 of OSM-EIS-18. The information is
outdated. Does the Draft PEIS show or listed updated sites that have been created
over the past 18 years? Does the Draft PEIS evaluation includes these additional
sites?
• OSM-EIS-18, 3.5.8 ECONOMIC CONDITIONS, pages 3-73 to 3-78, is outdated. Does
the Draft PEIS include updated information?
• OSM-EIS-18, 3.5.9 POPULATION TRENDS, pages 3-78 to 80, is outdated. Does the
Draft PEIS include the latest known data?
• OSM-EIS-18, 3.5.11 LAND USE Use, page 3-84, is outdated. Does the Draft PEIS
include the latest known state and community growth plan data?
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• OSM-EIS-18, 3.5,12 TRANSPORTATION, pages 3-84 to 3-86, is outdated. Does the
Draft PEIS include the latest known data on current and future transportation plans?
The Draft PEIS is in conflict with the purpose of OSM-EIS-18 which in part is to analyzes
the cumulative impacts and consequences of decisions by OSM on SMCRA permit
applications under the Tennessee Federal Program. These assessments would address
how OSM and the SMCRA permit applicant plan to meet compliance of adequacy of
information to allow OSM to comply with the National Environmental Policy Act of 1969
(NEPA) for any future proposed SMCRA permits. [30 CFR 942.773(b)(6) and 49 FR
38892, Oct. 1, 1984 and 65 FR 79582, 79672, Dec. 19, 2000].
The Draft PEIS does not contain data or information on database information from the
AVS program. What is the AVS history of individual study areas in the Draft PEIS. If no
AVS information is available or operators have no past AVS history then the Draft PEIS
should state such information for reviewers.
The Draft PEIS does not provide information on NOV history of the Tennessee Study
Areas. Reviewers are to assume the Tennessee Study Areas never received any NOVS
during their operations. ALL, factual data and history should be included in the Draft PEIS
about "Study Areas". The proposed federal action requires a "hard look" at all available
information. Any well-written Programmatic DEIS would have this information for
reviewers. Both the "GOOD" and the "BAD" of mountaintop mining and valley fills should
be within the Draft PEIS pages. Federal Agencies should be free from bias and impartial
to the either side.
The Draft PEIS fails to provide the full impacts to the Tennessee Federal Program of the
proposed federal agencies action. In fact, no in depth assessment of impacts to the
Tennessee Federal Program is within the Draft PEIS. Specific sections should be added
to the Draft PEIS that analyses the full scope of administrative impacts, costs and
changes to the Tennessee Federal Program. Each section of 30 CFR Parts 942,700 -
942.846 (updated April 2, 2001} should be addressed in the Draft PEIS.
FORMAT OF DRAFT PEIS
Tennessee reviewers do not have the necessary time to review and analyze the full scope
of administrative changes to the Tennessee Federal Program due to the format of the
Draft PEIS. It took federal agencies four years to create the Draft PEIS. Individual
Tennessee reviewers and Tennessee State agencies can not fully evaluate the Draft PEIS
in a few months. Fragments of data and assessment information of the Tennessee Study
Areas and the Tennessee Federal Program are in the many pages of the Draft PEIS. The
extensive range and scops of the Tennessee Federal Program requires a broadcloth
review by Tennesseans, as to the full impacts of the proposed federal action. The Draft
PES is more of a bronco approach to assessing and evaluating the Tennessee Federal
Program.
9-5-2
ADMINISTRATIVE COSTS
Not only should environmental concerns be address in the Draft PEIS, but also
administrative impacts and costs should be included within the Draft PEIS. The number of
personnel employees to oversee the proposed actions, as the preferred alternative should
be included in the Draft PEIS documents.
TRAVEL INDUSTRY AND TOURISM IMPACTS
The Draft PEIS fails to provide detailed analyses on the direct and indirect impacts to the
Tennessee tourism economy from mountaintop mining and valley fills. In a speech on
Friday, July 6, 2003 in Chattanooga, Tennessee Governor Phil Bredesen pledges his
support for tourism. "A $10.4 billion business, nearly 38 million visitors annually and
177,000 Jobs. Those numbers are huge. Tourism is, without a doubt, a cornerstone of
our state's economy," [see Attachment #4, TENNESSEAN, Saturday July 7,2003,
"GOVERNOR BACKS CREDIT CARD CHCCK~bv Bill Poovey, AP] and [ses Attachment
#5, "BB£12£$EN__Q(JILLNES PLANS TO EXPEND TOURISM ECONOMY", by Bob Kenst,
Exeeutive Director of Tennessee Association of Resorts, Marinas and Marine Dealers]
Today, the travel and tourism industry that has developed to serve the traveler contributes
enormously to the U.S. economy. In 2000, direct traveler spending in the United States by
domestic and international travelers reached $583,5 billion dollars, 5.7 percent of the
nation's gross domestic product. This activity generated $100.2 billion in tax revenue for
federal, state and local governments, [see Attachment #6, THE ECONOMIC .IMPACT.OF
TRAVEL ON TENNESSEE COUNTIES 2000. by the Tennessee Department of Tourist
Development] The Draft PEIS fails to assess and analyze the affected environment (CFR
1502.15) and the environmental consequences (CPH 1502.18) of mountaintop mining and
valley fills on Tennessee's Travel industry and Tourism and the loss of tax revenues for
Tennessee and the coalfield counties' local governments that have gone to great lengths
to develop new markets for domestic and international travelers. Mountaintop mining and
valley fills sites are not vacation destinations for tourists that visit Tennessee.
Travelers in Tennessee produce "secondary" impacts over and above that of their original
expenditures. These secondary outputs (sales) and earnings (wags and salary income)
arise from "direct" and "indirect" spending. The Draft PEIS' economic sections and
assessments do not address ANY of the above travel industry and Tourism impacts from
mountaintop mining and valley fills in the coalfield counties of Tennessee.
The Draft PEIS fails to assess any significant cumulative impacts to Tennessee's business
and economic outlook. In February 2003, AN ECONOMIC REPOflT TO THE
GOVERNOR OF THE STATE OF TENNESSEE by UT's Center for Business and
Economic Research [see Attachment #7] provide a long-term forecast for Tennessee and
projected trends. Mountaintop mining and valley fills are NOT noted in the document, or
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their potential risks to Tennessee's economy. The Draft PEIS fails to give an adequate
economic impact statement and to discuss Tennessee Economic trends and risk impacts
from mountaintop mining and valley fills. The February 2003 report noted mining data on
pages Appendix A, QF5, QF8, QF11, QF12, QF13, QF14, AF5, AF8. AF9, AF13, AFt6,
and pages Appendix B, QH5, QH8, QH11, QH12, QH13, QH14, AH5, AH8, AH9, AH13,
AH 16, The Spring 2002. TENNESSEE. BUSINESS AND ECONOMIC OUTLOOK bv UT's
Center for Business and Economic Research [see Attachment #8] provides projected
growth assessment for Tennessee's economy. The mining industry data (pages, 21, 22,
23,24,37,40, 43, 44, 45, and 46) shows mining has a small economic Impact on
Tennessee's economy, as compare to all other businesses in Tennessee. Yet, the
economic draw to travel industry and tourism sites provides long-term revenues and jobs
for citizens in the coalfield counties of Tennessee. The Fall 2002, TENNESSEE
BUSINESS AND EQONOMIG OUTLOOK by UT's.Center for Business and Economic
Research [see Attachment #9) provide additional data on pages 18 and 44 which shows
more projected assessments of mining in Tennesses. In 2001, AN ANALYSIS OF AN
ECONOMIC REPORT TO THE GOVERNOR OF THE STATE OF TENNESSEE. A Report
to the State Funding Board, Office of Research and Education Accountability, Comptroller
of the Treasury, {see Attachment #10] shows impacts on the Tennessee State budget
from tax revenues and predicted levels of economic growth. The report shows no
evidence that mountaintop mining and valley fills will bring an economic increase into
Tennessee. The TENNESSEE ECONOMIC OVERVIEW [see Attachment #11] of October
2001 showing the index as of January 2002 fails to indicate ANY rise in revenues from
mountaintop mining and valley fills. In TENNESEE POLICY RESEARCH BRIEF, Vol. 1,
No21, November 2001, GENERAL ECONOMIC CHARACTERISTICS IN TENNESSEE.
Examining; Changes In Labor Market Conditions and Income Levels, 1990-2QQQ by UT's
Center for Business and Economic Research clearly shows that Tennessee's labor force
is developing to meet current demands for skilled jobs, (see Attachment #12) The mining
industry labor force has decreased over the past ten years, (see Attachment #13)
Furthermore, misleading data are associated with the Draft PEIS. The Tennessee mining
industry data presented in the Draft PEIS includes information on crushed stone mining,
zinc mining, Portland cement mining and construction sand mining and gravel mining.
Inclusion of data for non-coal mining industries is irretevant and does not fulfill the primary
objectives of this Draft PEIS. The Draft PEIS should be revised to just show data of
specific surface coal mining operations and the total number employment data. See
Attachment Section for supplement information on brochures, Attachment f31)
IMPACTS ON TENNESSEE'S ART INDUSTRY ECONOMY
The Tennessee Arts economy provides #143.8 million into the Tennessee economy.
4,000 jobs are dependent on the nonprofit arts industry in Tennessee, and $134 million in
income was generated by nonprofit arts activities in Tennessee, [see Attachment #14)
The Draft PEIS fails to provide assessment and analysis on potential impacts to East
Tennessee Arts Industry and activities.
11-7-2
TENNESSEE DEPARTMENT OF ECONOWC AND COMMUNITY
DEVELOPMENT IMPACTS
SOCM has expressed concerns with the Tennessee Department of Economic Community
Development, Director of Special Projects, Wilton Burnett, Jr. on the significant
interdepartmental issues including state and local coordination on environmental and
economic development impacts as well as a possible need to consider the impacts of
potential future large-scale coat surface mining operations, [see Attachment #15) The
Draft PEIS falls to analyze economic and community growth In the 22 Tennessee coalfield
counties, pursuant to Draft PEIS Part II, page A-8, Part 111, page Q-1 to Q-14, Part Hi,
pages R-3 to R-6, Part III, page T-2 and Part IV, pages 1-1 to I-23, The Draft PEIS should
give reviewers of the above sections of the Draft PEIS a clearer assessment and
evaluation of potential significant Impacts and proposed alternatives. The Draft PEIS only
supplies data about the coal industn/s temporary economic impacts in communities. It
fails to give economic impacts data for the period after the coal industries leaves a
community and moves away. These after-mining economic impacts have historically left
local governments, civic leaders, and local businesses facing dramatic shortfalls in
resources needed to maintain individual communities and counties. These types of
"driftwood-economy" communities are historically cast aside by coal industries. The Draft
PEIS should assessed and evaluated the full impacts of potential future large scale coal
surface mining operations as suggested by Mr. Burnett above pursuant to the NEPA
process.
The Draft PEIS is inadequate because:
• It fails to provide assessment of existing economic base in each of the 22 county of the
Tennessee coalfield and assess the impact of mountaintop mining and valley fills upon
the existing economic base.
• The Draft PEIS economic sections fail to provide individual assessments of all 22
counties in the Tennessee coalfields. In fact, many, if not all, 22 counties local political
and civic and business leaders are unaware of the current proposed Draft PEIS.
• It falls to provide area development resources availability and quality and the impacts
of mountaintop mining and valley fills upon these resources.
• It fails to provide assessment of impacts of mountaintop mining and valley fills to state
and local government's tax base.
• It fails to provide assessment of impacts of mountaintop mining and valley fills to
economic development plans and strategies to target and guide growth.
• It fails to provide assessment of impacts on business attitude toward growth and
development by local leaders and citizens.
• The Draft PEIS fails to seek direct input from local county governments on economic
growth plans and strategies and the impacts that mountaintop mining and valley fills
projects would have on these plans and strategies. And, to provide in the Draft PEIS
proposed Alternatives Section ways to offset or "minimize" these impacts.
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U.S. FISH AND WILDLIFE SERVICE
STRATEGliS PLAN FOB CONSERVATION
OF FISH AND WILDLIFE SERVICE TRUST RESOURCES
IN THE LOWER TENNESSEE-CUMBERLAND ECOSYSTEM
DRAFT PEIS IMPACTS
The Draft PEIS fails to address ANY potential significant impacts of rnountaintop mining
and valley fills with the U.S. Fish and Wildlife Service Strategies Plan for Conservation of
Fish and Wildlife Service Trust ftesoumfs in the Iowiar-Tenne_ss08-Gumh®rtafid
fsee Attachment #16] A number of Tennessee's coalfield counties lie within
this ecosystem. Public Land use of such areas as the Big South Fork National River and
Recreation Area (108,000) acres are significant concerns to Tennesseans. The Draft PEIS
should be revised to address ANY conflicts between the proposed alternatives and U.S.
Fish and Wildlife Service's Goals, Objectives and Strategies within the FWS document.
CONFLICTS BETWEEN U.S. ARMY CORPS OF ENGINEERS
U.S. FISH AND WILDLIFE SERVICE
AND OFFICE OF SURFACE MINING OFFICE
NWP PROGRAM
In a memorandum dated 9/21/2001, U.S. Fish and Wildlife Service expressed major
concerns with proposed changes to the Corps of Engineers nationwide permit program
(NWP). [see Attachment #17] The draft Programmatic Environment Impact Statement for
the Nationwide Permit Program released by the Corps on July 31,2001, identified
numerous deficiencies concerning the administration of the program, including inadequate
record keeping and data entry, lack of mitigation compliance efforts, poor enforcement
and failure of any meaningful attempts to quantify and assess the ecological effects of the
nationwide permit program on the environment. [U.S. Fish and Wildlife Service
Memorandum, comment page 1] The Draft PEIS does not submit how OSM, COE, EPA
and the U.S. Fish and Wildlife Service has reached a programmatic agreement, if any,
addressing these major concerns.
Specific cites are maior concerns with OSM's NWP and surface coal mining
activities not analyzed in the Draft PBS;
FWS' comments page 1 cites:
"The Service has determined that surface coal mines authorized under NWP 21 often
result in tremendous destruction olmmtic and temstfial habitats, and do not meet the
nationwide permit standard of minimal impacts. Data collected by the Corps for calendar
year 2000 shows that NWP 21 was used to authorize 306 projects that collectively
destroyed a/most 14.000 acres of aquatic habitat, and nearly 88 miles of stream channels.
The average impact per project under NWP 21 was 45,4 acres of wetlands, and 150S
linear feet of stream channel. To elate, the Corns has not completed studies to quantify or
assess the effects of this permit on the Nation's natural resources, and therefore has no
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Don Mountalntop Minim and .Vatey Bite PEIS Page 25
scientific basis to assert ttiat the permit will cause only minimal individual and cumulative
impacts on the environment. Data gathered for the Corns/EPA draft BSfor movntalntoo
mining shows that the constmctiorj of valley fills has not been authon'xedon 583 square
miles of the Appalachian region: this floursdoes not take Into account fee acreage extent
of the coal mines that utilize the valley tills,"
FWS' comments pages 6 to 9:
• The Service has determined that surface coal mines often adversely affect large areas
of upland and wetland habitat, and In general, do not meet the standard of having "no
more than minimaf impacts on the environment,
• We recommend that use of this permit be suspended, and further recommend that the
Corps commit to completing peer-reviewed scientific studies analyzing the effect of this
permit on the environment.
• The Service believes that these losses do not represent a "minimal impact" on the
environment.
• Furthermore, none of the Corps districts that use this permit have conducted a
cumulative effect analysis of the use of this permit on the environment.
• The large average wetland and stream losses, coupled with the lack of knowledge
regarding the effects of these permitted losses on the environment, demonstrates that
th» Corps has insufficient basis to declare that this permit has only minimal individual
and cumulative effects.
• The individual and cumulative Impacts on both aquatic and terrestrial ecosystems
caused by mining projects authorized in the Appalachians via this nationwide permit
are unprecedented.
• The Service estimates that over 900 miles of streams have a/ready Oeen filled.
* Information complied by researchers In aquatic ecology has documented that the first
and second order streams being destroyed via NWP 21 are critical to the proper
functioning of downstream aquatic ecosystems, including fisheries.
• NWP 21 authorization may affect SO federally listed threatened or endangered species,
including 7 fish and 25 mussel species.
• In addition, terrestrial species such as the Indiana bat and forest interior migratory
birds are also adversely affected through the loss forest habitat caused by the coal
mines authorized under NWP 21.
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• Neither the notice of intent nor the July 31, 2001, draft PBS provide a detailed
description of the kinds of habitat losses associated with the issuance ol Individual
section 404 permits,
• The aquatic habitat losses associated with the NWP 21 have far exceeded the Corps'
predictions.
• The acreage impacts from NWP 21 accounted for 71 percent of all NWP Impacts in
calendar year 2000.
• Currently, NWP 21 does not have any upper limit on the amount of aquatic resources
that may be impacted by the authorized project, and is therefore out of line with the
acreage limits adopted for many other nationwide permits.
• We believe that the text of the nationwide permit should be expanded to incorporate
more complete guidance to the District Engineer that describes how the determination
of minimal effects should be conducted, and if feasible, the level of environmental
impacts that would indicate that the upper threshold of "no more than minimal" impacts
has been reached.
• "the need to carefully evaluate and closely monitor the effects thai the use of NWP 21
permit has on the aquatic environment, particularly stream channels and riparian
corridors,
• "we believe that coal mining projects authorized by NWP 21 routinely violate General
Condition 21 of the NWP program."
* "The Corps of Engineers'404 permit review will address the direct and indirect effects
to the aquatic environment from the regulated fill,"
* The Corps should properly be examined the effects of the authorized project on the
entire mining site, rather than merely examining the direct and indirect effects ol the
footprint of the fill in /urisdictional waters of the United States.
The Draft PEIS for mountaintop mining and valley fills should specifically document that all
of the above major concerns of the US Fish and Wildlife Service with mountaintop mining
and valley fills activities have been resolved by federal agencies prior to the release of the
Final PEIS. More detail assessment pursuant to Tennessee coalfields by the Cookeville,
Tennessee office of US Fish and Wildlife Service should be implemented into the Draft
PEIS.
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CONCERNS WITH EPA AND CORPS
PROPOSED REVISIONS
TO THE CLEAN WATER ACT REGULATORY DEFINITIONS
65 FEDERAL REGISTER 21292
In July 16, 2000, SOCM submitted comments of concerns with the Corps and EPA
proposed revisions, [see Attachment #18), As of December 2003, SOCM has not
received any reply addressing our concerns. The Draft PEIS fails to note how EPA and
the Corps have resolved citizens concerns, specifically with moyntaintop mining and
valley fills. The range of alternatives in the Draft PEIS fails to explore different intensities
and quantities of mountaintop mining and valley fills and its relationship with 65 FR 21292.
PROGRAMMATIC AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION
THE NATIONAL PARK SERVICE
TENNESSEE STATE HISTORIC PRESERVATION OFFICE
TENNESEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION
THE EASTERN BAND OF CHEROKEE INDIANS (EBCI)
THE CHEROKEE NATION OF OKLAHOMA
THE CHICKASAW NATION (CN)
THE CHOCTAW NATION OF OKLAHOMA
THE SEMINOLE NATION OF OKLAHOMA (DSNO)
THE CUMBERLAND TRAIL CONFERENCE
REGARDING IMPLEMENTATION OF THE
CUMBERLAND TRAIL TENNESSEE STATE PARK
[see Attachment #19]
The Draft PEIS fails to assess and evaluate ANY potential conflicts with mountaintop
mining and valley fills and the Programmatic Agreement between the Federal Highway
Administration and the above organizations and Tennessee Department of Environment
and Conservation (TDEC) and Tennessee State Historic Preservation Office. The
Cumberland Trail state Park is located in Anderson, Btedsoe, Campbell, Claiborne,
Cumberland, Hamilton, Marion, Morgan, Rhea, Sequatchie and Scott Counties,
Tennessee. The development of the Cumberland Trail State Park is a major recreational
land use project in Tennessee, The Draft PEIS fails to provide analyses of alternatives to
minimize potential impacts to the above Programmatic Agreement.
TRAIL Of TEARS NATIONAL HISTORIC TRAIL
DHADT COMPREHENSIVE INTERPRETIVE PLAN IMPACTS
The Draft PEIS does not assess significant Impacts of mountaintop mining and valley fills
to the Trail of Tears National Historic Trail in Tennessee, [see Attachment #20]
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TENNESSEE PARKS AND GRENNWAYS FOUNDATION
STRATEGIES CONFLICTS WITH DRAFT PEIS
The proposed Draft EIS tails to provide assessment and evaluations of alternatives to off
set conflicts with TPQF's strategies: (1) actively pursue and acquire lands for public use,
(2) offer small grants to others to create connections, (3) work with private landowners and
accept conservation easements, and (4) conduct educational sessions to stimulate
conservation initiatives by others, [see Attachment #21]
RARE SPEC1IS IN THE 22 COALFIELD COUNTIES Of TENNESSEE
The Draft PEIS does not provide assessment or analyses data on alternatives and efforts
to minimize potential impacts to rare species found In the coalfield counties in Tennessee.
[see Attachment #22) The lack of complete assessment and analysis of the significant
risk factors posed by mountaintop mining and valley fills and mountaintop removal and
cross ridge mining operations impacts to rare species and their habitats in Tennessee's
coalfield watersheds leaves the Draft PEIS Section III and IV and the Draft PEIS Appendix
F (see Attachment 22 A) fails adequately assess Tennessee's Rare species that are listed
by the Tennessee Division of Natural Heritage,
Based on our review of positions published by the Tennessee Natural Heritage (TNH),
Tennessee Wildlife Resource Agency (TWRA), and U.S. Fish and Wildlife Service
Tennessee/Kentucky Field Office (FWS), the Draft PEIS descriptions of ecological
resources, Including Federally threatened and endangered species are not
comprehensive and do not reflect the current knowledge of ecological resources present
in the 22 coalfield counties of Tennessee. The proposed Programmatic Environmental
Impact Statement does not reflect past U.S. Fish and Wildlife Service consultations for a
number of OSM, COE and DOE projects in the 22 coalfield region in Tennessee.
Examples include the NEPA Programmatic Environmental Assessment (EA) for the U.S.
Department of Energy, Oak Ridge Operations Implementation of a Comprehensive
Management Program for the Storage, Transportation, and Disposition of Potentially Re-
use Uranium Materials (DOE-EA-1393), The Office of Surface Mining Reclamation and
Enforcement's individual EISs for Frozen Head State Park and Natural Area, Fall Creek
Falts State Park and Natural Area, North CWekamauga, Rock Creek and Fern Lake, and
U.S. Army Corps of Engineers' Spencer Artillery Range and the National Historic Trail of
Tears Historical Trail projects. The Draft PEIS fails to assess, analyze and submit
alternatives to minimize direct and indirect cumulative impacts to rare species and their
habitats. It is important that the Draft PEIS answer the concerns surrounding significant
impacts to intermitted and perennial streams.
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TENNESSEE'S BIOASSESSIWENT PROGRAM
The Draft PEIS fails to assess potential impacts to the State of Tennessee's
Bio-assessment Program, [see Attachment #23] The Tennessee Division of Water
Pollution Control has an extensive bioassessment program that has not been addressed
in the Draft PEIS.
APPLICANT VIOLATOR SYSTEM (AVS)
The Draft PEIS fails to address any potential impacts to the AVS program from the
proposed federal action. How will the proposed changes impact the AVS program?
(see Attachment #24}
TENNESSEE AML PROGRAM
The Draft PEIS fails to identify and assess any significant impacts to SOCM and Governor
Bredesen joint efforts to address the Abandoned Mine Lands problem in Tennessee.
(see Attachment #25)
TENNESSEE RESTOCKING ELK PROGRAM
The Draft PEIS fails to address in detail how the proposed federal action wHl impact
Tennessee efforts to restock eastern Tennessee wilh Elk. (see Attachment #26)
TENNESSEE FEDERAL PRPGRAM {OSM)
REFORESTATION AND WILDLIFE HABITAT ENHANCEMENT INITIATIVE
The Draft PEIS fails to address any significant Impacts to the OSM's Reforestation and
Wildlife Habitat Enhancement Initiative under the Tennessee Federal Program.
(see Attachment #27)
DRAFT PEIS APPENDIX C CONCERNS
The Draft PEIS Regional Setting Supporting information (see Attachment #28) for
Tennessee does not use up-to-date information on the regional changes since 1985. The
Tennessee Division of Groundwater programs and regulations are not address. It is
important to address concerns raised regarding any Programmatic EIS approval by
federal agencies that do not look at impact assessment of mountaintop mining and valley
fills and Mountaintop Removal mining and Cross Ridge Mining in the Tennessee
coalfields. "Mountaintop ftemamt Mlntna; An Environmental Impact Assessment
(EIA) Scoolno Exercise and Impact Assessment of Mining Activities on Aquatic
Resources. By Jeff Lee Hansbarcter, (see Attachment #29)
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IMPACTS TO MET TENNESSEE'S
STANDARDS FOB DRINKING WATER AND SURFACE WATER
The Stats of Tennessee's Controller of the Treasury, Division of State Audit issued a
Performance Audit on "Water Quality" on May 2001, The Draft Programmatic EIS fails to
provide any review agreement with the State of Tennessee and the other federal agencies
to assess the impacts of the proposed federal action on Tennessee's availability
to meet its high water quality standards, (see Attachment #30) Tennessee Division of
Water Pollution Control has invested a large amount of its budget's dollars and
employee's time to develop a waste water pollution NPDES permit scheme to meet
federal standards.
The Draft PEIS fails to assess how federal agencies and the State of Tennessee will be
meet the high standards within the Tennessee Safe Drinking Water Act of 1983. The Draft
PEIS does not provide any documentation from the Tennessee Division of Qroundwater
Protection, the Division of Grouftdwater Protection, the Division of Water Supply, the U.S.
Army Corps of Engineers - Nashville District and EPA Region 4 office on potential
mountaintop mining, mountaintop removal mining and cross ridge mining to Tennessee's
water quality programs.
SOCM's
SPECIFIC CONCERNS WITHIN THE DRAFT PEIS
DRAFT PEIS. PART I. PURPOSE AND NEED, MMTOS1-1 to 1-21
COMMENTS:
The purpose of this EIS is:
"to consider developing agency policies, guidance, and coordinated agency
decision-making process to minimize, to the maximum extent practicable, the adverse
environmental effects to waters of the United States and to fish and wildlife resources
affected by mountaintop mining operations, and to environmental resources that could be
affected the sfee and location of excess spoil sites in valley fills." [64 FR 8778)
This a programmatic EIS, according to federal regulations (40 CFR 1502.4(b)),
preparation of a programmatic EIS serves as a valuable and necessary analysis of the
affected environment and the potential cumulative impacts of the reasonably foreseeable
actions under that program or within that geographic area (46 CFR 18026, 51 FR 15618}.
A programmatic EiS facilitates tiering to an impact assessment of narrower scope to
eliminate repetitive discussions of the same issues (30 CFR 1500.4(1}).
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The Draft PEIS should state:
* How did federal agencies' policies, guidance, and decision making process work in
Tennessee prior to the December 1998 settlement agreement?
• The outcome of the developing agency policies?
• How each federal agency will coordinate to achieve developing policies?
* How successful will be the developing agency policies?
• Describe the successes and challenges developing such agency policies?
• Describe key lessons learned?
• How federal agencies short-term outcomes affect the long-term goals identified in the
Draft PEIS?
* How federal agencies will define and measure success of proposed developing
policies?
« How federal agencies will monitor the long-term results of proposed developing
policies?
« How federal agencies will use and share the results of proposed developing policies,
internally and externally?
• How will federal agencies improve its process in the future?
Pursuant to the Tennessee Water Quality Control Act of 1977and the Federal Clean
Water Act, and appropriate Federal and state regulations, SOCM views the Draft PEIS
proposed Alternatives (all three) to consider new or revised program guidance, policies, or
regulations to minimize, to the maximum extent practicable, and the adverse
environmental effects of mountaintop mining/valley fills operations will harm and put at risk
the human environment in Tennessee's watersheds. Pursuant to the Federal Register
Notice of February 5,1999, no public scoping hearings have been conducted in
Tennessee, no public meetings have been conducted in Tennessee, and no meetings with
citizens groups have been conducted in Tennessee to address any proposals relating to
the Draft PEIS for mountaintop mining and valley fife. However the Draft EIS case "Study
Area" shows that a "closed circle" of OSM-Knoxvllle Staff and TDEC's Environmental
Policy Office have exchanged communications about the Draft PEIS. This lack of the
NEPA scoping process (Sec 1501.7) voids the credltabiiity and accuress of the
Tennessee's data used for the Draft PEIS.
The proposed Draft PEIS fails to consider its impacts on the watersheds located in the
Tennessee coalfields. The proposed Draft PEIS will have significant impacts on the
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Dm(t Mauntaintop Mining and Valley Fills PEIS Paae
Pall Mourtalntoo Minlna and Vallos Filte PEIS Pane
classified uses of the receiving waters and contain limitations on the amount of pollutant
discharges and/or other conditions and will harm the human environment in the
Appalachian study area. The Draft PEtS (ails to address its impacts on TDEC's
watershed management approach programs. The watershed approach is TDEC's key
program at restoring water quality to the stete'8 impaired waters.
White Tennessee's water resources are clean enough for most designated uses, there are
some significantly impaired rivers and streams in the coalfields of Tennessee, The Draft
PEIS fails to consider its long-term cumulative impacts of mountaintop mining upon these
rivers and streams. TDEC's watershed approach programs considers the entire river
basins of the coalfields of Tennessee. While the Draft PEIS addresses only the acreage
surrounding a mountaintop mining sites, it fails to gather and document data on impacts
on the complete watershed.
Much of the Draft PEIS sections are written in terms that the average citizens can not
understand. The scientific terminology of mountaintop mining makes it hard for citizens to
fully understand the terms and concepts with the Draft PEIS. SOCM finds that many of
the graphs and other figures are not clear and understandable to the reader.
The Tennessee Federal Program is the only such federal program in Appalachia.
Tennessee was the only state represented In the Draft PEIS that was reguJated by OSM.
NPDES and ARAP permits are regulated by the Tennessee Division of Water Pollution
Control - Mining Section in Knoxville, Tennessee. The Draft PEIS is unclear as to
Tennessee State agencies' roles if any alternatives to existing regulatory provisions and
procedures are approval.
PART I. PURPOSE AND NEED. Section E. STUDY AREA, naoe t-S
COMMENTS;
Complete Tennessee Study Area data are missing from the Draft PEtS. The lack of
complete information on the Study Area leaves the readsr(s) to question If the sections of
the Draft PEIS: Part II. Alternatives, and Part III. Affected Environment and Consequences
of MTM/VF, and Part IV. Environmental Consequences of the Alternatives Analyzed are
accurate and credible in assessing the potential significant cumulative impacts in
Tennessee from mountaintop mining and valley fills.
PART). PURPOSE AND NEED. Section G. SCOPING ANP PUBUCINVOLVMENT.
pages 1-11 to 1-1.2.
COMMENTS;
SOCM finds that the general public in Tennessee is unaware of the proposed federal
action and the Draft PEIS comment period due to multiple failures by the Department of
the Interior to inform the public of this impending federal action. Neither OSM-Knoxville
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3-2
nor other federal agencies had any scoping hearings if! Tennessee. Neither OSM-
Knoxville nor other federal agencies have held afiy public meetings to discuss the
proposed federal action. Neither has there been sufficient communication through
established tocal and state media. SOCM finds that some Tennessee State agencies do
not even know about the proposed federal action. SOCM finds that some counties are
unaware of the proposed federal action. SOCM finds that the Draft PEIS does not listed
all state and county government officials that should have been contacted for scoping
input prior to the released of the Draft PEIS, In fact, 11 of the 22 counties have not been
sent copies of the Draft PEIS. Overton County Library has not received a copy of the
Draft PEIS. White, Warren, Van Buren, Hamilton, Franklin, Coffee, Rhaa, Ftoane, Pickett,
and Putnam counties have not received a copy of the Draft PEIS. SOCM finds that
county's Department of Environment and Conservation, usually the office of county
executives, have not been notified about the Draft PEIS, This lack of communication with
the directly affected public does not meet basic NEPA requirements.
ORAFT PBS. PART 1, PURPOSE AND NEED. Section I (QK1 Ma) Public Meetings and
(1 Kbi • Meeting with Citizen Groups, page 1-12:
COMMENTS:
The Draft PEIS does not include concerns from Tennessee stakeholders. In fact, SOCM
cannot find any records of meetings in Tennessee, or out reach meetings, conferences,
informal hearings, or letters from federal agencies: EPA, OSM-Knoxvllle Field Office,
FWS, or COE seeking input on the proposed mountaintop mining and valley fills Draft
PEIS.
EPA, OSM, FWS and COE have not complied with NEPA requirements to seek scoping
Information or input from Tennessee's stakeholders. The general public has not seen any
information from the media, tocal and state political leaders, the offices of US Senators
and Representatives, or the Governor's office on the proposed federal action.
Stakeholders are individuals and organizations that have an interest In identifying water
quality problems and in monitoring the effectiveness of these proposed solutions over time
as it relates to mountaintop mining and valley fills. 10 of the 22 coalfield counties in
Tennessee have not received a copy of proposed Draft REIS. The make up the
Programmatic EIS review committee should consist of:
Geologist
Physicist
Historians
Archaeologist
Environmental lawyers
Environmental chemist
Wildlife botanist
Hydrotogist
Socialist
Environmental economist
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Marine scientist
Health expect
Geologist
Environmental engineer
Missing from the Draft PEIS are such Tennessee stakeholders as1 [not identified in the
Draft PEIS]
Individuals citizens who live in the coalfields of Tennessee.
Municipal and county governments.
Local councils of governments.
Local soil and water conservation commissions or districts.
County boards of commissioners.
Chambers if Commerce organizations.
Local and national citizens action groups.
Local industries.
Water suppliers.
State ground water agency.
Native American groups.
Local Electric Cooperatives.
Friends groups.
Tennessee Wildlife Resource Foundation.
Tennessee Wildlife Resource Agency.
County Historical Societies.
Tennessee fisheries.
Recreational Clubs.
Wildflowers Clubs.
Bird Watchers organizations.
Statewide Biking Clubs.
Statewide Fishing Groups.
Statewide Hunting Clubs.
Ducks Unlimited organization.
Tennessee Rivers organizations.
Tennessee Department of Tourism,
Tennessee Department of Air Pollution.
Tennessee Department of Agriculture.
Tennessee Arts Commission.
Tennessee Department of Economic and Community Development.
Tennessee State Board of Education.
Tennessee Department of Forestry.
Tennessee Emergency Communication Board.
Tennessee Emergency Management Agency. (TEMA)
Tennessee Board of Equalization.
Tennessee Film, Music and Entertainment Commission.
2-1
Tennessee Ftre Service and Codes Enforcement Academy.
Tennessee Geographic Information System (GIS).
Tennessee Department of Health.
Tennessee Historical Commission.
Tennessee Office of Homeland Security.
Tennessee Human Services.
Tennessee Department of Labor and Workforce Development,
Tennessee Department of Solid Waste.
Tennessee Department of State Parks and Natural Areas.
Tennessee Wildlife Management Area officials.
Tennessee United States Senators and Representatives.
Individual coalfield counties' Department of Environment and Conservation, usually
located in the County Executive's office.
Individual statewide organizations: SOCM, TEC, TCWP, TCWN, TWRA, FFA, etc.
The Draft PEIS should address the development of a programmatic process designed to
actively and meaningfully obtain public Input on the content and nature of the data and
analyses necessary to define alternatives at the program level and to identify potential
impacts to the physical and human environment. The Draft PEIS does not present
procedures to address programmatic process with current state and federal mountaintop
mining and valley fills permitting programs that do not include environmentally sensitive
planning. The current review process in coalfield states should attempt to anticipate and
prevent mine-related problems rather than to react to them.
DRAFT P6IS. PART I. SCOPING AND PUBLIC INVOLVEMENT. SECTION (GK2)
ISSUES RASIEP DURING THE SCOPING PROCESS - teaoes 1-12 to 1211
COMMENTS
Since no public scoping process was carried out in Tennessee, the following Draft PEIS
sections should be revised to reflect evaluation and assessment of the Tennessee Federal
Program and its Subchapter T - Programs for the conduct of Surface Mining Operations
within Each State Part 942 -Tennessee, Sections 942,20 to 942.955.
The revised PEIS sections should reflect how the Tennessee Federal Program has
assessed, evaluated and addressed the following: [before SOCM can give comments on
mountaintop mining and vaHey fills]
(a) Direct Stream Loss, mm 1-12
n>) Stream Impainaani. 1-13
(c) Fill Minimization, page 1-13
(d) Assessing arm Mitigating Stream Habitat and Aquatic Functions, uaae 11-14
(e) Cumulative Impacts, page 1-15
(0 Deforestation, page 1-15
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(qj Blasting, page 1-16:
(h) Air Quality, page 1-17
(i) Flooding, page 1-17
(i) Land Use, paoal-18
(kl Threatened and Endangered Species, pane 1-18
(I) Scenery and Culturally Significant Landscapes. Paw 1-19
(m) Exotic and Invasive Species, page 1-10
(n) Valley Fill Stability, page I-20
(o) Economics, page 1-20
(P) Environmental Justice, page 1-21
(q) Government Efficiency, page 1-21
COMMENTS:
Executive Order 12898 was designed to focus the attention of federal agencies on the
human health and environmental conditions in minority communities and low-income
communities. It requires EPA, OSM, COE and FWS to adopt strategies to address
environmental justice concerns within the context of agency operations, within the
proposed Draft PEIS on yountaintop Mining and Valley Fills. This document fails to
provide the detailed guidance necessary to incorporate environmental justice goals and
list actions that federal agencies would take to incorporate environmental justice into their
missions. Small low-income communities are dismissively characterized in the Draft PEIS
as "minor" impacts areas. Collectively, the affected rural communities of Kentucky, West
Virginia, Virginia and Tennessee represent not only a large regional area, but also values
basic to the heart and soul of the United States, The goal of "Environmental Justice" is for
"fair treatment" of each unique small community of Appalachia. It is not to shift risks
among populations, but to identify potential disproportionately high and adverse effects
and identify alternatives that may mitigate these impacts. The Draft PEIS analyses makes
inappropriate assumptions regarding cumulative effects to these communities. The Draft
PEIS falls to exhaust all applicable analyses inside federal agencies and to incorporate
the best data currently available from outside resources.
The Draft PEIS falls to identify:
All indirect impacts (40 CFR 1502.16(b)(, 1S08.8(b) 1508.9]
growth effects
population density
changes in infrastructure
growth rate
air
water
ecosystems
sacred sites
10-7-2
DRAFT PBS. PART II. ALTERNATIVES, pages IIA-1 to IID-8
COMMENTS:
SOCM does support any of the proposed alternatives. Has the "no-action" alternative
been fully considered by federal agencies? Many environmental impacts have been
dismissed or understated by federal agencies. These federal agencies only address their
responsibilities within their agencies while leaving the NEPA's "hard-look" to other
agencies to address. There are important data gaps within the Draft PEIS. The "worse-
case" analysis was not fully addressed within the Draft PEIS. The Draft PEIS is
inadequate and does not justify the alleged "Purpose and Need" requirement of NEPA to
conduct mountaintop mining and valley fills in West Virginia, Kentucky, Virginia and
Tennessee. The feasible alternatives to the proposed federal action are not fully
considered within the Draft PEIS. The Draft PEIS proposed mitigation plans are not
adequate to address potential direct and indirect impacts. Again, the Draft PEIS is unclear
to Tennessee State agencies' roles if any alternatives are approved.
SOCM expresses its concerns with the proposed three alternatives if each one weakens
Tennessee's more restrictive standards, limitations, and requirements of its Water Quality
Control's regulations and its NPDES and ARAP permitting programs. Pursuant to passed
law cases and court decisions that give states the right to set effluent limitations that are
more stringent than federal requirements. The 4* Circuit Court stated that the "NPDES
permit program serves at least two purposes: It ensure that discharges are subjected to
the scrutiny of the application process...; and it enables specification of discharge
limitations, including more stringent state guidelines, for all effluent point sources." [53 FR
20764 and 54 FR 23868]
Tennessee administers its own NPDES program. According to EPA regulation 40 CFR
122,44{d) a state can set NPDES water quality standards which are more stringent than
federal standards. Here lies the conflict with the proposed three alternatives within the
proposed federal action regarding mountaintop mining and valley fills in Tennessee. In
some permitting applications, not only would Tennessee have to revise its current NPDES
permitting program, it would have to lower its current stringent standards and
requirements.
The State of Tennessee would have to revises its current laws; Tennessee Water Quality
Control Act, its Tennessee Code Annotated 69-3-101 to 89-3-137, and its Tennessee Safe
Drinking Water Act of 1983, TCA 68-221-701 to 68-221-720 to comply with the tower
standards within the proposed three alternatives outlined in the Draft PEIS.
The Office of Surface Mining Reclamation and Enforcement would need to revise it own
Tennessee Federal Program, 30 CFR Subchapter T, Part 942 - Tennessee to meet the
weaker proposed discharge and valley fHls standards. The three alternatives raise
concerns with the abilities of the State of Tennessee to "implement, administer and
enforce all applicable requirements consistent with 30 CFR Subchapter T, Part 942. ° [see
30 CFR Sec. 732,15(b)(1)] The Draft PEIS does not provide a cost assessment review to
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implement any of three alternatives. The proposed Draft PEIS places the burden on
Tennessee to adopt "irrelevant and Inapplicable standards."
The Draft PEIS falls to identify the following sections in assessing how the Tennessee
Federal Programs compare to other programs. The Tennessee Federal Program should
already be carrying out much of the suggestions in following the alternatives sections:
PART II. Alternatives. Section A. 11) Programmatic Review, page II. A-1
PART II. Alternatives. SeMon A ffi) Technical Studtes. pane II. A-2
PART II. Alternatives. Section A QMaMbMcMMe) and (». pages II. A-S to II. A-8 does
not fully cover the disposition of the issues.
PART II. Alternatives. Section (JMli Overview ot the Alternatives.
PART II, Alternatives. Section (BM2) Specific Actions Proposed bv the Alternatives.
PART II, Alternatives. Section (B)(3) Regulatory and Environmental Benefits of the
Alternatives,
PART II. Alternatives. Section (Oil) Government efficiency; Sub-issue; Coordinated
Decision Making.
PART II. Alternatives. Section (Cl{2) Government Efficiency. Sub-Issue:
Consistent/Compatible Definition for Stream Characteristics and Analyses.
PART II. Alternatives. Section (CM3i Direct Stream Loss.
PART II. Alternatives. Section Stream impairment.
PABT il,_ Alternatives. Section f CMS) Bll Minimization.
PART II. Alternatives. Section (C)(6) Assessing and Mitigating Stream Habitat and
Aquatic Functions.
PART II. Alternatives. Section (C!(7) Cumulative Impacts,
PART II. AlternMvas. Section (CM8) Diforestatlon.
PART II. Alternatives, Section (CM9) Air Quality.
PABT II, Alternatives. Section (CM10) Flogging.
PART II. Alternatives. Section (C1(111 Threatened and Endangered Species,
PART II, Alternatives. Section (Did) Restricting Individual Valley Fills.
PART II. Alternatives. Section (DK2) Fill Restrictions Based on Identification of High-
Value Aquatic Resources.
PABT il. Alternatives. Section fDM3) Fin Production.
PART II. Altarnatives. Section (DM4) Summary of RU Restriction Alternatives.
ALTENATIVES 2: fthe Preferred Alternatlvel
COMMENT:
SOCM questions the Draft PEIS lack of assessment on the role of states and citizens
during the deersionmaking process outlined in the Preferred Alternative. NEPA requires
that all indirect impacts be addressed in the Draft PEIS. Without question the role of
states and citizens in participating during the decision making process as it relates to
preferred alternative should be stated in the Draft PEIS. All alternatives in the Draft PEIS
are inadequate. Each fails to assess the full direct, indirect and cumulative damages to
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our nation's watersheds. The preferred alternative doss not consider the log-term impacts
for Mountalntop Removal mining and Cross Ridge mining In Tennessee.
DRAFT PEIS. PABT III. AFFECTED BWMONMENT AND CONSEQUENCES OF
MTMAff. MOBS III A-1 to III W-6
COMMENTS;
Pages III, A-1 to III, W-6, describes the affected environmental and consequences of
mountatntop mining and valley fifls in the states of Kentucky, West Virginia, and Virginia.
It does not provide the necessary science and rational framework which to identify and
evaluate the impacts occurring from mountaintop "Removal* mining in Tennessee, in fact,
SOCM knows of no SMCRA permits being approved for mountaintop "removal" mining (by
definition) in Tennessee during the Draft PEIS study area project by OSM-Knoxville. The
long-term impacts and its consequences in the coalfields of Tennessee are not
documented in the "Study Area" which is described in Part III of the Draft PEIS.
Much of the data in the Draft PEIS for Tennessee is lacking to provide the needed
scientific information for long-term impacts. Landscape disturbance affects the
abundance and diversity of fish and game resources, drinking water quality and quantity,
and the character of human communities. Federal and State agency management of
landscape changes are often "after the fact". Federal agencies should gather more on
gathering data over a longer period than the data in the Draft PEIS. Tennessee's data for
the Draft PEIS from the "Study Area" of known violators of current regulation
requirements.
The Draft PEIS, PART ill fails to:
• Provide long-term impact data on the human environment impacts
* Provide long-term impacts data on assessments of mountaintop mining activities in
Tennessee.
« Provide specific impacts arising from mountaintop mining in Tennessee,
• Provide investigation data from past EISs used to assess mountaintop mining
activities.
• Provide direct and indirect aquatic resource impacts, along with documentation and
validity data.
• Provide literature review of technical reports, newspaper articles, books, current
journal articles, as well as the creation of impacts matrices information on mountaintop
mining and valley fills.
• Provide adequate assessment and monitoring data from mountaintop mining
operations.
• Provide aquatic impacts data from past mountaintop mining activities.
• Provide data to show the usefulness of mountaintop mining techniques for future
mining activities in Tennessee.
• Provide data on the results from physical alternations of streams and aquatic
resources, or even its impacts on aquatic life in streams.
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• Provide assessments comparing the impacts from other types of surface coal mining
operations to impacts from rnourtaintop mining activities, on-site and off-site,
* Provide data on the effectiveness and validity of current mountaintop mining
techniques to assess current, if any, practices in Tennessee.
• Provide data on the impacts of rnountaintop mining on the aquatic and woodland
ecosystems in Tennessee.
• Provide scoping information from Tennessee State agencies other than TDEC.
• Provide more in-depth scientific analysis database on potential impacts in Tennessee
coalfields,
• Provide additional scoping data from outside specialists and resources that have the
expertise on mountaintop mining impacts.
• Provide accurate and up-to-date information to assess future potential impacts.
• Provide information on the problems associated with the Tennessee Study Area data
for each site listed in the Appendix: PtggRIPTIQNS OF GIS MINE POLYGONS IN
THE CUMULATIVE IMPACT STUDY: TENNESSEE, naaes 1-3.
* Provide information on the cost to implement changes to 30 CFR 942.20 to 942.955 for
each alternative being proposed in the Draft PEIS.
• Provide performance standards impacts to groundwater.
« Provide assessment for changes to 30 CFR 942.824, Special Performance Standards
- Mountaintop mining of the Tennessee Federal Prog/am.
• Provide effectiveness of mitigation and reclamation measures for mountaintop mining
and valley fills program
• Provide post land use data to assess impacts.
• Provide forestry reclamation approaches to be used after mountaintop mining
operations
• Provide data on Karst Systems in Tennessee.
• Provide assessment data on the three alternatives' effects on 30 CFR
942.700(a)(b)(c)(d).
The Draft EIS following sections does not cover all 22 counties in the Tennessee
coalfields. The Draft PEIS is inadequate without complete data of all 22 counties covering
Part III A to Part III W, The Draft PEIS should be revises to reflect this information.
federal agencies are required to integrate social science and economic information in the
preparation of informed, sustainable land use planning decisions. Federal agencies are
require under Section 102 of NEPA to Insure the integrated use of the natural and social
sciences... in planing and decision making."
DRAFT PEIS. PART III, A Description of Study Area
PBAFT PEIS. PART III. B Physical Setting
DP.AFT PEIS. PART HI. C Appalachian Aquatic Systems
OftAPT P61S. PAftTII). P Impact Producing Faetofi to Headwater Systems from
Mountaintop Mining
OflAFT PEIS. PART ill. E Coal BMne Orainaaa from Surface Mining
DRAFT PEIS, PART HI, F Appalachian Forest CommunMts
DRAFT P6IS. PART Mi. 6 ReiatioftShifm of Mountaintop Mining to Surface Runoff
Quantity and Flooding
PR AFT PEIS. PART ill, H Relationship of Mountainlop Mining to Groundwater
4-2
PR AFT PEIS, PART III. I Overview of Appalachian Region Coal Mining Methods
S. PART 1H. J tfTM/VF Characteristics
jDJMFT. EEIS.. PMt m, £ ixoss SooJI Dianosai
DRAFT PEIS, PART III . L Mine feasibility Evaluation and Planning
ORAFT PBS. PART 111. M Coal Olstrttmioo and JtedMtft
DRAFT PBS, PART M. N Past mA Current Mining In the Study Area.
GRAFT PEIS. PART III. 0 The Scope of remaining Surface-Minable Coal in the Study
Area.
DRAFT PBS. PART III. P Pemogfaphie Conditions
DRAFT PEIS, PART m. Q Economic Conditions
DRAFT PBS. PAW 111. R Land Use and Potential Development
DRAFT PEIS. PART m. $ Historic and Archaeological Resources
DRAFT PBS. PART Ml. TEcoftomic Importance of existing Landscape and
Environmental jj^MjHtv
DRAFT PEIS. PABT 111. U Social and Cultural Connections to Coal Mining and the
Natural Environment
ORAFT PB$. PART III. V Relationship ot Surface Mining antj Air Quality
DRAFT PBS, PART ill. W Blasting and the Local Community
COMMiNT:
The above sections does note some data on the Tennessee Federal Program on pages:
Part III B-3, Part 111 K-26, Part III K-36, Part III K-42, Part III K-51, Part III N-5, Part III T-2,
but to specifically address mountaintop mining and valley fills, all above sections should
have Information about the Tennessee Federal Program.
OBAFT PBS. PART IV. ENVIRONiaENTAl. CONSEQUENCES OF. THE
ALTEBNATIVE8 ANALYZED, oaoes IV A-1 to IV K-t
COMMENTS;
The Draft PEIS is not accurate in describing and quantifying the extent and the nature of
direct, secondary, and cumulative impacts associated with mountaintop mining and valley
fills in Tennessee. The Draft PEIS fails to provide a coherent, organized agenda or
schedule of commitments, proposal instruments and/or activities that elaborate and
implement mountaintop mining and valley fills policy. It is in conflict with EPA's vision for
watershed approaches. The watershed approach is a coordinating framework for
environmental management that focuses public and private sectors efforts to address the
highest priority problems within hydroioglcally-defined geographic areas, taking into
consideration both ground and surface's water flow. The Draft PEIS is in conflict with
Tennessee Division of Water Pollution's watershed approach policy and Tennessee/EPA
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Draft Mountaintop Mining and Vallav Fills PEIS PaflB
Water Agreement. Much Ilka EPA's watershed approach policy, Tennessee's has
developed and implemented watershed approaches that do not address large-scale
mountaintop mining and valley fills operations. The proposed federal action would require
Tennessee to redesign its watershed approach policies and implement new costly
strategies.
While the Draft PEIS does address some specific problems associated with on-site
mountaintop mining and valley fills impacts, it fails to:
• Assess high priority problems associated with off-site impacts to the adjacent and
surrounding watersheds, ecologically diverse hills and hollows, streams, and
waterways.
• Assess impacts on future timber growth in the area.
• Assess the damage to the biological integrity of the study area,
• Assess functions lost by filling of headwater streams or the indirect to segments of
streams from filling upstream portions.
• Assess biological needs of the aquatic ecosystem downstream.
• Assess operations that may severely impact biodiversity and environmental
sustainability.
« Cumulative impacts from changes in topography and land cover results in the
elimination of large tracts of habitats tor native forest-interior species, the invasion of
exotic plant, animal, and insect species, and micro-climatic changed.
• The scientific and analytic basis for comparisons lack complete and accurate
information.
• Hollow fills associated with Mountaintop Removal mining that eliminates intermittent or
ephemeral streams.
The following sections fall to provide assessment and evaluation of the
Tennessee Pectoral Program relating to mountaintop mining and valley
fills per Alternatives notedin theDraft PllS:
DRAFT PEIS, PART IV A Introduction
DRAFT PEIS, PART )¥ B Aquatic Resources
DRAFT PEIS. PART iv c Soils and Vegetation
DRAFT PEIS. PART IV P Rah and Wildlife
DRAFT PEIS. PART l¥ E Air Quality
4-2
Draft Mountalntep Mining and Valley Fills PEIS Pay 43
DRAFT PEIS, PART IV f Energy. Natural, or Oepletafale Resources Requirements
DRAFT PEIS. PART IV G Cultural. Historic, and Visual Resources
DRAFT PBS. PART iv H Social Conditions
DRAFT PEIS. PART IV I Economic Conditions
DRAFT PEIS. PART IV J Recreation
DRAFT PEIS. PART IV K Environmental Justice
COMMENT:
Each of the above sections should be revised to include information how the Tennessee
Federal Program has implemented its program in relating to mouhtaintop mining and
valley fills.
APPENDIX COMMENTS
APPENDIX A Ideas tor Government Action
APPENDIX B Programmatic Reviews
APPENDIX C - REGIONAL SETTING SUPPORTING INFORMATION, oaoes. C-3. C-17.
COMMENT:
The quoted reference data is old data that should be updated to reflect new research
information and discoveries over the last ten years.
APPENDIX D Regional Selling Supporting Information
APPEMMX E Terrestrial Technical Studies
APPENDIX f - FEDERALLY LISTED T & E CANDIDATE AND SPECIES OF
CONCERN. 22 panes.
COMMENT;
The draft PEIS falls to address concerns with cumulative Impacts in all 22 counties. The
proposed federal action would allow the potential opening of sensitive watersheds to
serious cumulative impacts to state and federal species. The NEPA "bigger picture"
assessment is missing from the Draft PEIS as it relates to Tennessee's Division of Natural
Heritage's state and federal listings In all (22) coalfield counties. The Draft PEIS fails to
provide to Tennessee reviewers a clear picture of possible stats and federal species put in
harms way within the 22 county coalfields of Tennessee.
APPENDIX G Socloeconomic Technical Studies
APPENDIX H Engineering Technical Studies
APPENDIX! Cumulative Impact Study
APPENDIX J AOtofroHCV
APPENDIX K Flooding Analysis Guidelines
APPENDIX L Cumulative Guidance
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AOC assessmtnt concerns:
COMMENTS;
The following was used to assess "state run programs" concerns relating to AOC.
However, Tennessee's concerns are not specifically addressed since Tennessee was
already under a federal program. Many of the below suggestions should have already
been in used by the Tennessee Federal Program. After short term analyzing of the
information gathered during the Draft PEIS process, the following conclusions and
recommendations were developed by OSM to address state run SMCRA programs.
• OSM's own oversight evaluation indicates an industry trend of proposing to return mine
sites to AOC with no AOC variance.
• Also, the evaluation revealed fftar policies or procedures used for determining when a
mining operation's reclamation plan satisfies requirements established for AOC are
either applied inconsistently or are overly broad, resulting in varied interpretations of
what constitutes AOC.
* A major source of confusion over what qualifies as mountaintop mining operations,
which require a variance from AOC, arises from OSMs method of classifying, in its
permitting database, various mining methods as mountaintop operations, regardless of
whether an AOC variance has been obtained or not. Although the tracking of
mountaintop operations and associated waivers is not required by State or Federal
law, OSM has made changes to its database and is in the process of reviewing all
current surface mining permits to clearly identify which sites should be classified as
mountaintop operations.
* OSM identified three significant areas in which the language of the approved State
program differs from that of SMCRA and the Federal regulations. These language
differences, which may have contributed to some of the other problems addressed in
this report, relate to the following areas:
(1) documentation of the need and the market for the designated postmining land
use,
(2) use of "woodlands" as an approved postmining land use, and
(3) allowing "public use" instead of "public facility (including recreational facilities) use*
as a postmining land use.
* OSM has not determined the extent to which the above differences have contributed
to inadequate documentation justifying an AOC variance and non-approved
postmining land uses.
Future discussions with WVDEP will identity the source of the problems and, if they
are related to the approved program language, OSM will provide the State a
notification mqu&sting that the language be changed to correct the deficiencies. If,
however, the problems are merely the results of inadequate implementation of the
current State program requirement, OSM will work with WVDEP to put in place
procedural revisions to prevent further occurrences.
The oversight evaluation found that mountaintop permits have teen issued with
postmining and uses "forestry" and "fish and wildlife habitat" not authorized in the
approved State program, although a program amendment to authorize "fish and wildlife
habitat and recreation lands" is pending before OSU.
OSM has requested that WVDEP immediately discontinue approving permits for
unauthorized land uses, and that, in addition to those permits OSM examined in
preparing this report, (f review other permits currently in effect for similar problems.
For all current mountalntop-removal permits already issued that have not properly
applied the postmining land use provisions of the approved State program, OSM is
requesting that WVfXP work with operators to ensure, where practicable, final
reclamation achieves a postmining land use authorized by the program. OSM
recognizes that the pending program amendment is intended to resolve some of these
concerns and, with the release of this report, OSM plans to reopen the comment
period on the State's proposed amendment concerning "fish and wildlife habitat and
recreation lands." A notice will be published in the Federal Register, and comments
will be solicited from the public.
OSM found that all of the mountaintop-removal permits with AOC variances lacked at
least some of the documentation required for approving the designated postmining
land use. OSM has requested VDEP to initiate an immediate review of its permit
application and permitting process to assure that the program requirements are being
fully implemented. OSM is not proposing any corrective action for previously issued
permits.
In the review, OSM found tour situations whare steep-slope AOC variances had been
granted, but where mountaintop-removal AOC variances would have been more
appropriate because the entire coal seam or seams had been removed. OSM
requests that WVDEP implement proper classification procedures for operations
seeking AOC variances and review the appropriateness of AOC variances issued to
steep-stope operations, taking corrective actions on existing permits, where
practicable.
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* The approved West Virginia program does not limit approval of m AOC variance for a
steep- stops mine to the specific postminlng land uses that ate specified In SMCFIA.
OSM has requested that WVDEP submit an amendment to correct this deficiency, and
WVDEP has filed a proposed rule with the West Virginia Legislative Ftutemaking
Review Committee to address the required amendment. OSM requests that WVDEP
consider whether it is appropriate to issue any steep-slope AOC variances until an
amendment is approved,
COMMENTS:
Does Virginia, Kentucky, and West Virginia currently use appropriate standards in
evaluating whether a particular postmining land configuration constitutes a return to AOC'
In Bragg v, Robertson, Memorandum opinion and Order of October 20, 1999, Judge
Haden clearly points out that Director of West Virginia Department of Environmental
Protection was enjoined from approving further permits because of inappropriate
standards. Stats rum programs have misinterpreted standards for characteristics of land
after mining in terms of elevation changes, creation of valley fills, creation of level
secttons, and other general descriptive information. The Issue Is how many of those
characteristics, either by themselves or in a general combination, may be used in
misinterpreting if AOC has been achieved. VA, KY and WV state run programs have
determined that a waiver from AOC requirements is necessary, has used misinterpreted
standards to require appropriate postmining Itnd uses In granting the waiver?
FEDERAL REQUIREMENTS
General AOC Requirements
1. Statute Section 701(2) of SMCRA defines "approximate original contour" to mean, that
surface configuration achieved by backfilling and grading of the mined area so that the
reclaimed area, including any terracing or access roads, closely resembles the general
surface configuration of tha land prior to mining and blends into and complements the
drainage pattern of tha surrounding terrain, with all highwalls and spoil piles eliminated;
water impoundments may be permitted where the regulatory authority determines that
they are in compliance with Section S1S (b)(8) of this Act.
30U.S.C. 1SS1(2).
Section 51 5 of SMCRA sets forth environmental protection performance standards
applicable to surface coal mining operations. 30U.S.C. 1285. Among these is the
requirement to return the land to AOC pursuant to Subsection S1S(b)(3), mine operators
must "backflU compact . . . and grade in order to restore the approximate original contour
of the land with all highwalls. spoil piles, and depressions eiiminated. " 30 U.S. C.
126S(b)(3).
Z OSU's Treatment of AOC in Rules
In its national regulations and in approving individual State programs, OSM adopted the
statutory definition of AOC essentially unchanged. In the development of national
regulations, the only discussion whore elevation change was mentioned in relation to AOC
is in the preamble to the rules regarding thick or thin overburden. The permanent program
rules promulgated In 1979 defined thin overburden as overburden where the final
thickness is less than 0.8 times the initial thickness and thick overburden as overburden
where the final thickness is greater than 1.2 tlmss the initial thickness. The preamble
stated:
The definition of approximate original contour states that the reclaimed area should
closely resemble the general surface configuration of the land prior to mining. OSM
interprets this to mean that the approximate original contour, or configuration, of the
premining land is Intended, and minor changes in elevation are anticipated.
44 Fed. Reg. 15S31 {March 13. 1979).
Thus, an elevation change of plus or minus SO percent was accepted as AOC in those
rules. In 1983, those numerical limits wsm deleted from the thick and thin overburden
rules. See 48 Fed. Reg. 23356,23385 (May 24, 1S83). In 19$$, the D.C. Circuit upheld
the remand of tfiose rule changes because the Secretary had failed to explain his reasons
for removing the numerical limits. National Wildlife Federation v. Model, 830 F.2d 694, 734
(D.C. Cir. 1988). In 1991, OSM again published rules addressing thick and thin
overburden. Again OSM declined to set a numerical limit and asserted that the is$ue was
best left to the regulatory authority. The preamble contains cross sections showing
elevation changes of greater ten plus or minus 20 percent that would still be considered
AOC. This rule was never challenged and remains in place today. See 56 Fed. Reg.
65629-95833 (December 17, 1991).
In 1387, OSM issued Directive INE-26 to provide guidance to OSM field personnel in
evaluating AOC issues during oversight. The Directive makes three points with respect to
AOC. First, because both the permittee and the regulatory authority (as w$H as other
interested parties) need a clear understanding prior to mining of what the final postmining
topography will be, the anticipated postmining topography must be determined in the
permitting process to enable a determination If AOC will be achieved. Second,
inspections should ensure that the approved postmining topography is being reasonably
achieved, Including general surface configuration, drainage, and elimination of higbwalts
and spoil piles. Third, in oversight, considerable deference should be given to prior
decisions by fte Stole, particularly where the final grade work has been done, in
recognition of the emphasis that the 1987 Directive places on the role of the permitting
process in applying AOC requirements to specific operations, the current review looked to
see what WVDEP was accepting as meeting AOC requirements in the permitting process.
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federal Requirements Relating to Mountaintop Removal Mining Operations
Section 515 of SMCRA contains specific performance standards for mountaintop-removal
mining. Subsection 515(c) permits an exception to the AOC restoration requirement for
mountaintop removal operations which, after reclamation, would be capable of supporting
specific postminlng land uses. In such operations, instead of restoring the site to
approximate original contour, the operator is permitted to remove all of the overburden
and create a level plateau or a gently rolling contour with no highwalls remaining. 30
U.S.C. 1265{c). Subsection 515(c}(3) tists the allowable postmining land uses:
"industrial, commercial, agricultural, residential or public facility (including recreational
facilities) use[s]." 30 U.S.C. 12S5(c)(3). In demonstrating the feasibility and practicability
of the proposed postmining land use, the applicant must include specific plans and show
that the use will be:
(1) compatible with adjacent land uses;
(2) obtainable according to data regarding expected need and market;
(3) assured of investment in necessary public facilities;
(4) supported by commitments from public agencies where appropriate;
(5) practicable with respect to private financial capability for completion of the proposed
use;
(8) planned pursuant to a schedule attached to the reclamation plan so as to integrate the
mining operation and reclamation with the postmining land use; and
(7) designed by a registered engineer In conformance with professional standards
established to assure the stability, drainage, and configuration necessary for the intended
use of the site.
30 U.S.C. 1265(c)(3)(B).
The Federal regulations pertaining to mountaintop-removal operations are found at 30
C.F.R. 785.14 and Part 824. The regulations generally track the language of SMCRA, but
do clarify the applicable requirements in the following respects:
• A requirement for compliance with the alternative postmining land use
provisions of 30 C.F.R. 818.133(a) through (c)[30 C.F.R. 824.11(a)(4)J;
- A specification that final graded slopes on the plateau portion of the operation
not exceed 1v;Sh (20%) [30 C.F.R. 824.11(a)(7)];
- A requirement that plateau outalopes attain a minimum static safety factor of
1.S or that they not exceed 1v:2h (50%) [30 C.F.R. 824.11(a)(7)};
- A requirement that the resulting level or gently rolling contour be graded to
drain inward from the outslope [30 C. F. R. 824.11(a)(8)J; and
- A clarification that the prohibition on damage to natural watercourses applies
only to watercourses below the lowest coal seam to be mined [30 C. F. R. 824.11 (a)(9)J.
Must a/so constitute an equal or better use Pursuant to SMCRA, the State may grant a
permit with a rnountaintop-removaJ AOC variance only after finding that:
* the proposed postmining land use constitutes an "equal or better use;"
• the proposed use will be compatible with adjacent land uses and existing land use
plans;
* county commissions and other State and Federal agencies have been provided an
opportunity to comment on the proposed land use; and
* the application contains specific plans and assurances th&t the proposed use will
be (1) compatible with adjacent land uses; (2) practicable with respect to financing
and completing the proposed use; (3) supported by commitments from public
agencies where appropriate; (4) planned pursuant to a schedule that will integrate
the mining operation and reclamation with the postmining land use; and (5)
designed by an approved person to assure the stability, drainage, and
configuration necessary for the intended use of the site.
KVieW. METHODOLOGY
Beginning in 1997, the public and media began to focus increasing attention on
"mountaintop operations* in West Virginia. Commonly understood, this term refers to any
operation that removes all or part of the top of a mountain or ridge and places the
overburden or excess spoil resulting from the removal into valley fills. As used in this
report, the broad tarn "-mountaintop operations" should be distinguished from the
narrower term 'mountaintop-removal (AOC variance) operations*.
Three types of "mining practices are included in the term 'mountaintop operations".
These types are:
1. "Mountaintop-removal (AOC variance) operations" - Mines which remove all
of the coal seam or seams in the upper fraction of a mountain or ridge and request a
"mountaintop-removal variance from AOC. Only this kind ot operation constitutes a
"mountaintop-removal mine in the regulatory sense.
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2. Mines which remove all of the coal seam or seams in the upper fraction of a
mountain or ridge and return the land to AOC.
3, Mines In steep-slope areas (slopes exceeding 20 degrees) which have
received steep-slope AOC variances according to State records. Notwithstanding
regulatory definitions, OSM recognizes that the public's concern Is not confined to any one
of these "mining scenarios, but encompasses all three.
The Draft PEIS has not addressed these standard requirement issues, but has proposed
developing even a more confusing reviewing SMCRA permit process as an alternative.
TENNESSEE STATE PARKS AND NATURAL AREAS
AND WILDLIFE MANAGEMENT AREAS CONCERNS
The Draft PEIS fails to provide detail scientific information on any significant impacts to
Tennessee's State Park Systems, Natural Areas, and Wildlife Management Areas found in
the coalfield counties of Tennessee.
9-2-2
A Programmatic Environmental Impact Statement that would represent Tennessee needs
to provide comprehensive scoping from coalfield citizens and state and local agencies, as
well as the business community in each county, include an updated and consistent
baseline data, be free of inconsistencies, have proper levels of analysis and explanation,
and present impact assessments to Tennessee's natural environment and Tennessee's
economy in the communities of the Tennessee coalfields. The Draft PEIS should conduct
a "hard look" scenario at every significant impact. SOCM believes that these federal
agencies should go back to the preliminary Draft EIS and start all over again,
Save Our Cumberland Mountains, Inc.
Stripmine Issues Committee
4-2
CONCLUSIONS
SOCM finds the Draft PEIS to be inadequate and too deficient to assess and evaluate the
proposed federal action on the Tennessee Federal Program and its program-wide impacts
and support program-level decisions that are reasonable and defensible to the current
issues surrounding potential mountaintop mining and valley fills, mountaintop removal
mining and cross ridge mining in the coalfields of Tennessee. The Draft PEIS baseline
data has been inconsistent and used inappropriately to analyzes the potential impacts of
mountaintop mining and valley fills, mountaintop removal mining and cross ridge mining
operations in the coalfields of Tennessee. The specific data needed to analyze the
Tennessee Federal Program has been insufficient to support the proposed Alternatives
listed within the Draft PEIS. The fundamental requirements of CEQ and/or NEPA process
require the lead agency to begin with comprehensive scoping. The scoping process in
Tennessee was inadequately carried out by federal agendas whose only scoping seems
to be inhouse. Input from scoping process should then be used to define the proposed
alternatives that would avoid or substantially lessen the significant effects of proposed
mountaintop mining and valley fills. These requirements have not been met in the
circulated document in Tennessee. The stated objectives in the "Notice of Intent" of
February 5, 1999 would not be realized through the preferred Alternative. The Draft PEIS
is bias in that it fails to take the required "hard look" at the proposed federal action. The
proposed Alternatives are misleading and inaccurate in representing the Tennessee
Federal Program.
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ATTACHMENTS
1. Map and listing of the Draft PEIS "Study Areas" in Tennessee.
2A. Eastern Minerals int'l v. The United States, Supreme Court No. 01-1100 (2002)
2B. Eastern Minerals Int'l v. The United States Fed Cl No. 98-5054, 5059 (2001)
2C. Cane Tennessee, Inc. and Colton, Inc. v, The United States Fed. Cl 96-2371 (1999)
2D, Rith Energy, Inc. v. The United States, Supreme Court No. 01-1145 (2002)
2E. Rith Energy, Inc. v. The United States, Fed. Cl No. 99-5153 (2001)
2F. Rith Energy, Inc. v. The United States, Fed. Cl No. 99-4801, (June and July, 1999)
20. SOCM v. OSM and Skyline Coal Company, NX-97-3-PR (1998)
3. Article by Mr. Bob Keast, Executive Director of Tennessee Association of
Resorts, Marinas and Marine Dealers.
*• Article' ^GOVERNOR. BACKS CREDIT CARD CHECK', by Bill Poovey, AP Wire
Service, THE TENNESSEAN NEWSPAPER, Saturday, July 7, 2003.
5. Article, BREDESEN OUTLINES PLANS TO EXPAND TOURISM ECOMONT by
Bob Keast.
6. Report. THE ECONOMIC IMPACT OF TRAVEL ON TENNESSEE COUNTIES, by
The Tennessee Department of Tourist Development (2000)
7- Report, AN ECONOMIC REPORT TO THE GOVERNOR OF THE STATE OF
TENNESSEE, by the UT's Center for Business and Economic Research (February,
2003)
8- Report, TENNESSEE .BUSINESS AND ECONOMIC OUTLOOK, by UT's Center for
Business and Economic Research (Spring, 2002)
9. Report, TENNESSEE BUS.iNESS.AND ECONOMIC OUTLOOK, by UT's Center for
Business and Economic Research (Fall, 2002)
10. Report, AN ANALYSIS OF AN ECONOMIC REPORT TO THE GOVERNOR OF THE
STATE OF TENNESSEE. Tennessee Comptroller of the Treasury, (2001)
11. Report, TENNESSEE ECONOMIC OVERVIEW (2001)
12. Report, GENERAL ECONOMIC CHARACTERISTICS IN TENNESSEE, Examining
Changes in Labor Market Conditions and Income Levels, 1990-2000, by UT's Center
for Business and Economic Research (2001)
13. Mining Industry Labor Force data.
14. Information on Tennessee Arts' economic impacts in the Tennessee coalfields
15. Letter to State of Tennessee on SOCM's concerns to Economic and Community
Development in the Tennessee coalfields
16. US Fish and Wildlife Service, "STRATEGIES. PLAN FOR CONSERVATION OF FISH
AND WILDLIFE TRUST RESOURCES IN THE LOWER-CUMBERLAND
ECOSYSTEM"
17. Memorandum, US Fish and Wildlife Service, September 21,2001)
18. Letter, SOCM to US Army Corps of Engineers and EPA on concerns with proposed
revisions to the Clean Water Act. Dated July16, 2000.
19. Copy, Programmatic Agreement between the Federal Highway Administration and
other organizations and Tennessee Department of Environment and Conservation
and Tennessee State Historic Preservation Office.
20. Information on the Trait of Tears National Historic Trail's Draft Comprehensive
Interpretive Plan.
21. Information on Tennessee Parks and Greenways Foundation Strategies conflicts
with proposed federal action.
22. Listings of Rare Species in the 22 coalfield counties of Tennessee.
22A. Listings of species found in the Draft PEIS.
23. Information on State of Tennessee's Bioassessment Program.
24. Information on AVS program.
25. Information on Tennessee AML program.
26. Information on Tennessee Elk Restocking Program.
27. Information on OSM's Reforestation and Wildlife Habitat Enhancement Initiative
28. The Draft PEIS Regional Setting Supporting information.
29. Report, "Mountalntop Removal Mining: An Environmental Impact Assessment (ElA)
Scoping Exercise and Impact Assessment of Mining Activities on Aquatic
Resources", by Mr, Jeff Lee Hansbarger
30. Copy, State of Tennessee's Controller of the Treasury Performance Audit on "Water
Quality" in Tennessee. (2001)
31. Supplement Informational Brochures from Tennessee's coalfield counties.
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Vince Meleski, Wild Alabama/Wild South
—- Forwarded by David Rider/RS/USEFA/US on 03/0B/2004 11:39 AM -----
Virrce Meleski
cc:
Subject: Mountaintop Removal Mining Comments
12/23/200302:24
I'M
Mr, John Barren
U.S. 1-;PA OMA30)
1650 Arch Street Philadelphia, PA 19103
It is hard to believe that the Bush administration plans to continue to
allow coal companies to destroy Appalaehia with mining practices that
level mountain tops, wipe oul forests, bury streams, and destroy
communities. The existing evidence of recent events and the facts
presented in the Draft Environmental Impact Statement should he enough
to convince you thai mountain top removal coalmining must be
significantly limited or stopped.
As described in the administration's Draft Environmental Impact
Statement (DBI8) on mount&irtlop removal coal mining, the environmental
impacts of mountaintop removal are widespread, devastating, and
permanent. Yet the
DHIS proposes no restrictions on the sr/s of valley fills that bury
streams, no limits on the number of acres of forest that can be removed,
no protections for wildlife, and BO safeguards for the communities and
peopk thai weaken existing environmental protections. The DEIS
proposes streamlining the permitting process and allowing mountaintop
removal and associated valley fills to continue at an accelerated rate.
The DHIS also proposes doing away with a surface mining rule that
makes it illegal for mining activities to disturb areas within 100 fcet
of streams unless it can be proven that streams will not he harmed. This
is ridiculousIThis "preferred alternative" ignores the administration's
own studies
detailing the devastation caused by mountaintop removal coal mining.
including:
- without new limits on mountaintop removal, additional mountains,
streams, and forests will he destroyed
by rnountaiittop removal mining
- the fact that impacts to streams would be greatly lessened by reducing
1-9
1-5
the sixe of the valley fills where raining wastes ace dumped on top of
Breams
'the impact on wildlife species
- the total of past, present and estimated future forest losses
- even if hardwood forests can he reestablished in mined areas* which is
unproven and unlikely, there is no way these areas can be restored
similar to the handiwork created by God
The "preferred alternative" ignores these and hundreds of other
scientific facts contained id the DEIS studies. It appears the only goal
is to increase mountaintop removal coal mining with little regard for
the environment,In light of these facts, the Bush administration must
consider alternatives that reduce the environmental impacts of
mountaintop removal and then implement measures to protect natural
resources and communities in
Appalachia, such as limitations on the si/c of valley fills to reduce
the destruction of streams, forests, wildlife and communities.
Better yet mountaintop removal should not he permitted at all,
Vince Meleski
i^ogram Director
Wild Alabama/Wild South
PC Box 11?
Moullon, AL 35650
Phone: (256)974-6166
Fax: (256) 974-5406
E-mail; vmce@wildalabama.org
Member of:
Southern Appalachian Forest Coalition
National Forest Protection Alliance
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MTM/VF Draft PEIS Public Comment Compendium
A-589
Section A - Organizations
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Amanda Moore, Appalachian Citizens Law Center, Inc.
APPALACHIAN Craams LAW CENTER, INC.
PKi.STON5.lWKr,, KENTUCKY <1SB-'72S
69MM-1M! l^CO-SlS-1442
(REC'D JAMfl6»
January 2,2003
Mr, John Fatten
U.S.EPAJ3ES30)
1650 An* Steel
Philadelphia, PA 19103
Re MoontatotopMraingA'alley Fills mAppalaehia Draft Programmatic
Environmental Imp act Statement
DearMr.Fonen;
Uhank you for the exteniied oprxirtumty to comment on the IVaft Environmental Impact
Stateaaat (Draft HS) on Mwrttffltop&aiA>giBid Valley Fib ta ApptaJbia. Tins letter is to
addition to oal comments presented by the Appabdiiaa Citizens tsw Center (Law Ceater) at the
public taring Md to Hood, Kentesky 01 My 22,2003.
The Law Carter is a noa-praflt law office serving tie AppalKMmi coalfields by
providmg fiw legal services to tow-tftpoBie &mlies md coffimtmities oil coaJ-reMed issi^s such
a> black hing benefits, mine xifety inarters, and tnvironmenlzl concerns. By having such a bio.id
focus on the in^acts of to coal indasfty, we see the consequences of moanSaintop mining both
on the surrcunding communities and on the miners Iheinselves.
As we stated at the public hearing, tlie law Center is exttemely disappointed in this
much-anticipated Draft EIS. Attached to the Draft EIS arc numerous studies detairing the
enviroumeiital destrucriou caused by mouataiatop rmniag and valley fills, yet the Draft EIS fails
to suggest even one alternative to curb the destniction. This chasm between the scientific stndies
and fte proposed tctions hi^di^its fl» aWtrary and e^aicioas Mtnie of the entire Dwft EIS.
The following exasiples highlight the disparity between the documeBted environmental impact of
mountaintop mining and tk'agencies'propostxi actions in respoase:
• Data: During the study fKriod, 724 roiles of stream were covered by valley fills.
Daft EIS, H.C-30. Ojasttnefii^vdleyfiHjontopof*a«n»wfll'*eli!niiBte
stream biota atid the ability of these organisms to synthesize organic material to
provide life... for down stream reaches." Draft HS, H.C-30,
Proposed Action: Ejflw than proposing additional protections for streams torn
valley fills, the Draft BIS proposes excusing "valley fills &QSI the stream Isiffer
zoaerale. Draft HS,H.C-35.
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Data: In just the last ten years, !,200mi!esof streams have been affected by
surface mining activities. Draft HS, H.C-30. In addition, 438,472 acres of
watersheds haw been affected by valley fin construction. Draft EG, IHJC-38.
Proposed Aclinn: Rather flan curbing the amount of streams and watersheds
aflected by mtmng,lhcagt"ticii3 will instead "continue to evaluate" the effects of
mountaintop mining and "continue to work" to refine protocols, decisions, and
Rsqutremeats. Draft BIS, H.C-44.
Data: From the late 1980s to fie late 1990s, the averagL-fill increased in sbc by
72 percent and the average length of stteam affected per fill incwased by 224
percent Draft HS, 1-5. From 1985 to 2001,83,797 acres of land were covered by
valley fills in fte study area. Draft K1S, DLK-32,33.
Proposed Action: Rather thaa imposing limits on fill size, OSM will "continue
the oo-going rule-making process to clarify obligations of the operator" and will
"consider whether additional {tore rolanaktog is warranted." Draft BIS, B.C-49.
Data: Matj&tatatop raining is likely to increase floodisg from intense sratimer
thunderstorms, particularly during storm systems that last several days. Draft EIS,
Appendix H, 0SGS Executive Summary; Cosnparison of Storm Response of
Streams in Small, Unjoined and VaMey-Fllled Watersheds, 1999-2001, Batted
Fork, West Virginia (pp. 5-6). Even ate reclamation, discharge from valley fills
was 42 perceat higher ttett premiriing renditions. Tt&s increase raised the 100-
year flood stage by more thai two feet Draft BIS, Appendix H, OSM Valley Fill
Study, Hobet Mine Westridge Valley Fill, U.S. Amy Cotps of Bigineers,
1'iHsburgh District (p.22).
Proposed Action: In spite of these studies, the Draft EIS contends that no
conclusions can be made about the impacts of miai.ng on ninoff. Therefore, (he
EIS proposes that the agencies de\-e!op guidelmes to cvalu-ite flooding risk, \vhicli
"could make the permit evaluation more efficient." Draft EIS, H.C-90.
Data:'He forests in the study area are verjr diverse, but a fimdamental change
from a forested habitat to grasslands could occur, thereby jeopanlizing the
"Trfolo^cd intepfty of flie «ndy area" asd leading to "biological coHapse." fe
eastern Kentucky alone, 255,582 acres of forest have been lost to moimtaintop
mBBUginjustfliepaseteiyearn. DraftHS,Appendix 1,EPAiandseapeScale
IVoposed Action: OSM will compile a manual with guidelines for post-minmg
land use. OSM wll require reclamation with trees only if legislative autliority is
established. Even tlicn, there might bean exception to t)ie requirement if the
applicant could demonstrate that uses other than forestry would provide greater
environmental benefits. Draft EIS, II.C-83.
The environmental problems chronicled in the Appendices are serious and potentially
devastating, yet me r>aft EIS siiggests"a(rtioris''that do nothing to curb the enviroumental
detraction. TheresMentsofAjjpalachiaseedfealgK^onstojsotect&eiriandaiid^
torn tte deamcfiai that is so dearly detailed fa the Appendices to the Draft BIS.
The Draft EIS additionally fails to consider an adequate range of alternatives. Rather than
proposing alternatives to limit the environmental impacts of mountaintop mining, the Draft EIS
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MTM/VF Draft PEiS Public Comment Compendium
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Section A - Organizations
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Bryan Moore, West Virginia Council of Trout Unlimited
goes to the extreme opposite and presents alternatives to nuke the permitting process easier. A
jKeUminaiy Draft EIS torn fattuary 2001 presented ttoe separate alternatives that limited valley
fills in some way. The current Draft EIS, however, does jast fee opposite by proposing three
alternatives that in no way limit fills. The stated reason for not including at least one alternative
that limits fills - that thews is not enough scientific evidence that such limits isould reduce
stream impacts — defies common sense as well as the findings of the studies attached to the Draft
EIS. The narrow range of alternatives examined m this Draft EIS is aibtoaiy and capricious, and
As we have stated in earlier comments on separate proposals, the Law Cotter does not
believe that issuing permits to dump mining waste in streams is legal under the Clean Water Act
as jassed by Congress. However, given the narrow options p.isscnted by the Draft EIS, one
aspect of Alternative 1 is preferable to the other altenatross — that valley filb will be presumed
to require individual 404 permits (IPs) from the Anay Corps of Engineers Hither than falling
within nationwide permit 21 (NWP21). However, Alternative 1 remains flawed because it
tacludes the offensive proposal to eliminate the stream buffer zone rale wffl* regard to excess
spoil disposal. We have submitted comment!! previously opposing such a potential rule.
White the Law Center certainly is sot opposed to increased government efficiency, such
efficiency must Dot come at the expense of the human or natural environment The agencies
responsible for (his J>aftEIS liave made just such a mistake, however, by choosing a course; of
action that will make the mining permitting process easier for coal cornpanies \vWlefiiiling to
provide any increased protections for the environment or Use communities living near these
mines. The agencies'chosen "efficiency alternative" docs not even meet the stated purpose of
Uiis EIS, which is ^o mutmiizLs to me rtiaximum extent practicable, the adverse eavtonmental
effects to waters of the United States and to fish tad wildlife resources affected by inountaintop
minmg operations, and to envtaanwattal resources that could be affected by the size and location
of excels spoil disposal sites in valley fills." Draft EIS,!-2. Once again, this Draft EIS is
internally inconsistent and arbitrary and capricious.
In addition, we support the comments submitted to you by Kentuckiaas for the
Commonwealth, Ohio Valley Environmental Coalition, Kentucky Wtterw^s Affiance, Sierra
Club, Earfhjnstice, and Trial Lawyers for Pubic Justice. Tbs Law Center arges you to consider
these commcrts and return to the Draft FIS to make chaises that will provide a real benefit to
the whole of Appalaehia by preserving its natural environment and protecting its residents. Give
the public a meaningful range of alteniatives and proposed actions that are based on the studies
detailing lire myriad problems caused by mottntaintop mining. Give us a Draft EIS that is not an
arbitrary and capricious abuse of Agency power.
Please feel iree to contact me If you would like to discuss ow concerns Iwther.
Sincerely,
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1-1
1-10
4-2
Amanda Moore
Staff Attorney
West Virginia Council of Trout Unlimited
January 6, 2004
Mr. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
rnountaintop.rS
-------
Joan Mulhern, Earthjustice et al.
zones filter water runoff from the surrounding lands, provide nutrient matter for
benthte populations and shade the stream helping to cool the water during warm
temperatures. The elimination of riparian buffer areas causes a direct impairment
to water quality, and negatively influences designated and existing uses.
WVCTU Is opposed to mountaintop removal coal mining in general due to the
overwhelming loss of aesthetic values. Our members have a great affinity for
being outdoors enjoying our forests and streams. There is probably nothing more
unpleasant than being outdoors with the backdrop of a barren, rubble strewn
wasteland created by mountaintop removal. That backdrop is becoming far too
common in many areas.
WVCTU looks forward to working with the EPA in protecting our irreplaceable
resources from the type of devastation brought about by mountaintop removal
coal mining. Our water resources are a very important part of our heritage and
they must be preserved and protected for the generations to follow. WVCTU will
pursue any appropriate means necessary to protect these streams and
resources from total destruction.
Thank you for the opportunity to provide these comments on behalf of the
members of the West Virginia Council of Trout Unlimited,
Sincerely,
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10-6-2
Bryan K. Moore, Chair
WVCTU
787 Twin Oaks Dr.
Bridgeport, WV 28330-1645
Natural Resources Defense Council * Amerkan Rivers *
Friends of tin- Earth * National Amlubon Society * Vuion;tl Wildlife Federation +
Sierra Clwb * Shagbark * VaHey Wateh 4 West Virginia Citizen Action *
West Virginia Environmental Couad! * West Virginia Rivers Coalition
January 6, 2004
Mr. lohn f orren
US EPA(3EA30)
1650 Arch Street
Philadelphia, PA 19103
Delivered via U.S. Mail and Email (0HMHi.isfc^HilffiSOSJI:iiI.)
Dear Mr, Forren;
These comments are submitted by Barthjustice, the Natural Resources Defense Council,
American Rivers, Friends of the Earth, National Audubon Society, National Wildlife Federation,
Sierra Club, Shagbark, Valley Watch, West Virginia Citizen Action, West Virginia
Environmental Council, and West Virginia Rivers Coalition in response to the request for
comment on the Draft Programmatic Environmental Impact Statement ("DEIS") on mountaintop
removal coal mining and associated valley fills in Appalaehia, published at 68 Fed Reg, 32487
(May 30, 2003) by the U.S. Environmental Protection Agency (EPA), U.S. Army Corps of
Engineers (COE), U.S. Fish and Wildlife Service (FWS), U.S. Office of Surface Mining (O8M)
and West Virginia Department of Environmental Protection (W.V. DBF) (hereinafter ''the
agencies") We hereby incorporate by reference all documents citied in these comments.
In mountaintop removal coat mining, vast areas of forest are stripped from the land and the tops
of mountains are blasted apart and removed to extract thin seams of coat within the mountains
The waste rock, or "excess spoil," from this process is usually disposed of in nearby valleys,
creating enormous "valley fills" that have already buried and destroyed hundreds of miles of
Appalachian streams, Generations-old communities are forced from their homes by the blasting,
flooding, and environmental destruction. Fish and wildlife habitat is damaged or destroyed,
including habitat of threatened and endangered species. An environmentally, socially,
economically,, and historically important region of this country is being leveled by mountamtop
removal coal mining. It is rto overstatement to call this an environmental apocalypse - it is
certainly one of the worst examples of plundering the environment occurring anywhere in this
country today.
The original purpose of the mountaintop removal programmatic E1S was to develop policies and
procedures to "minimize, to the maximum eitent practicable, the adverse environmental
effects to waters of the United States and So fish and wildlife resources from mountaintop
[removal] mining operations, and to environmental resources that could be affected by the size
and location of fill material in valley fill sites."' The May 36,2003 DEIS has completely
abandoned this purpose. It contains no msaningfut substantive alternatives or
1-9
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1 Set 64 Fed. Reg. JS30 (Ft&nmy 29.1999) (emphasisadded).
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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recommendations that woyM atiniaiKge tg any degree the eavir&nmggtal barm caused bv
inoiitiiiuniaii removal coal mining* let alone policies or procedures to reduce these harms to
"the maximum extent practicable!"2
Instead, the only alternatives offered by the DEIS ail involve changes to the federal permitting
process that are calculated to "streamline" agency decision making to make it easier for coal
companies to continue mountaintop removal strip mining, and weaken existing environmental
safeguards that are designed to reduce the environmental destructiveness of mountaintop
removal and valley fills. All of the DEIS' alternatives (even the so-called "No Action"
alternative) propose gutting the surface mining Jaw's Buffer Zone rule that currently prohibits
mining activities from disturbing areas within 3 00 feet of larger streams.
Unlike the DEIS released by the Bush administration, earlier drafts of the programmatic EIS did
consider alternatives that would substantially reduce the harm caused by mountaintop removal,
most significantly by limiting the size of vaHey fills. The January 2001 Preliminary Draft
evaluated four options, including two that would have restricted the size and placement of valley
fills in certain types of streams." But these and similar alternatives for limiting the sixe and
location of mountaintop removal and valley fill operations have been completely eliminated from
the May 30 DfilS, despite the fact that the studies accompanying the DEfS fully support options
to limit mountaintop removal and valley fills.4
In sum, the DEIS ignores the scientific and economic studies it was supposed to be based upon,
contravenes the very purpose of the EIS, violates the National Environmental Policy Act
(NEPA), and demonstrates a startling disregard of the agencies' legal duties to protect the natural
resources and people of Appalachia and the rest of the country. This approach is not supported
by law, policy, science, common sense, or humanity. The studies accompanying the DEIS
confirm that mountaintop removal is wiping out an entire region of the United States - hundreds
of square miles of communities, wildlife resources, streams, mountains, and forests - human
communities and natural resources that can never be replaced.
Xhfe,iy$pc^
pervasive environmental deyastatioa caused b> mount aim op removal goat mining
eHUd b> the apmoximateh 5000 pages of scientific studies itccompinu fag the REIS,
Theife studies not onl> confirm the obvious conclusion that blowing up mountains, wiping out
forests and burvmg streams under millions of tons of rubble has irreversible and extensive
environmental consequences, but also that a failure to impose meaningful limits on such
practices will moie than double the widespread damage that has already been done to resources
of regional and national importance The failure of the DEIS to even consider let alone select,
' i lit DLIS slates thai its purpose is to c\ aliufe options for iiiiprov mg agency programs liwt w iil coiUnbutc to
reducing flic ,Khenc em iroiimeitt.it imp.iu$ ol itiountamSop (reino\iitf mining QfKrahom and cvce1?; "spot! %«ilie>;
fills (M"IM VF) m AppAi^iUtia DEIS Eb-1 fmo\ert\ optittmtKdescrifttiangncntheaaiwi cortlemof the DEIS.
but (i purpose that falls far short of minimising such imjMds to the m&Miwe extent practicable
^MmmtmiiopMimng'V tlios hi! i Is I'n.hmirittn Diatt imiuan 2IXH it! S-6
! \ hi studies in the DTIS supported the contention that limiting flie &t/e and placement of \ rfle\ fills «.is
emiromncntalh preferable So en«iom cmsse or contribute to significant degradation of
waters of the U.S." DEIS O.D-9 Such claims are irrefutably contradicted by the data coutained in tlffi EIS studies,
s The studtes accompanying the May 30 DEIS - tlic icclMsicat, scientific sod economic studies contained in the
sppcndicfS-werept^aredfor^i^MtliebiisifioftheJaisRiarj', 2001 Preliminary BIS, These findings of ihese
sitidies fatly support action alternatives to Jiinil maumaintgp lemovai attd valley fills As discussed further below.
while these studies Perm tlie appendices of the May 30 DEIS, ihey do not provide a basis of stspporl for the DEIS'
action alternatives,
"" \\ is important fo note ttiat iimay studies indicate ttuit these mported stream impacts a Be !ike!v to be a gross
tmderestunaftem of tfte stream miles filled in the study ama The inventories used in ilse EIS rely heavily on
topographical maps thai often do »ol map smaller headwater streams, despite their ecological iniporfsmce. See
Testimony of j. Bruce Wallace, Professor, University of Georgia, before the US Senate Committee on Environment
and Publrc Woifcs. June 6. 2002.
3
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established for arriving at an environmentally "acceptable" amount of stream loss and it U
"difficult if not impossible to reconstruct free flowing streams on or adjacent to mined sites.
minimize the downstream or "indirect5* environmental impacts of valley fills are
ly unavailing- For example, available evidence strongly points toward valley fills causing
cantly elevated levels of selenium, a highly toxic bbaccumulant. DEIS studies found
Attempts to mi
similarly
significan , .
elevated levels, with 66 violations of stream water quality criteria, below valley fills and none
found at test sites without valley fills upstream,9 In addition, the studies found that numerous
other indirect impacts to streams, including the reduced ability of headwater streams to maintain
their nutrient cycling function, increased sedimentation* reduced floodwater attenuation
potential, and temperature changes, are of great concern. The Cumulative Impact Study found
that "[f]or both direct and indirect impacts to ecological processes resulting from alterations in
hydrologic patterns, [tnountaintop removal and valley fills] would appear to be the major impact
producing activity in the study area "(fl
Moreover, the DEIS shoves to one side the environmental implications of massive deforestation
in Appalachia. The studies accompanying the DEIS found that when adding past, present and
future terrestrial disturbances, the estimated area that will be stripped and flattened encompasses
1,408, 372 acres of forest resources - which roughly equates to 1 1,5% of the entire study area,11 -
an area larger than the entire state of Delaware. The destruction of these nearly 1.5 million acres
of some of the most diverse temperate forest in the country has widespread environmental,.
economic and social consequences for the region and the nation, It is extremely unlikely that
even a small portion of this forest will be restored, and the timeline for even that minute level of
restoration is hundreds, if not thousands of years.12
In evaluating whether there are significant impacts to the environment from mountaintop
removal and valley fills, the primary authors of the DEIS ignore the catastrophic impact to
wildlife that has already occurred or is projected to occur in the near term as documented in the
appendices. For example, as is noted in the EPA's Cumulative Impact Study;
The southern Appalachians have been identified by the Nature Conservancy as one of the
hot spot areas in the United States for rarity and richness. This region is known to have
the highest regional concentration of aquatic biodiversity in the nation. For this reason, it
is hypothesized that impacts which result in decreases in genetic diversity, as measured
* See"MTM/VF ESS Steering Committee, "Probtetns (dcnHficd/Confimted/infcrmd by Technical Studies/' August
15. 2002 working draft.
^ EPA's stream chemistry study found that "The selanitifiidata clearly show 'hot spois" with higher concentrations
of selenium in each of the five wateraireds [tisat were s&Hjiedl atsi located downsfteam of 'Filled' sites ON!., Y.
Tiiere are &6 violations of the stteam water quality criteria identified and each is al a filled Site. No otter category of
site iiad violations of selenium!" EtfiaiJ from Gary Biyattt (EPA WV) to William Hofffnam (EPA Region 3). Match
21. 2002 (capitali/aHon and exclamation point in original).
"JDE!S App, I at 75.
11 DE1SIV.C-I.
t: Email from Cindy TibboU, FWS, re: MTM/VF EIS cumulative impact assessment. June 26,2001 ("wen if
hardwood focesSs can be rc-eslab!i$hed, k should be intuitively obvious thEU iltey "11 be a dffl
4
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by loss of species, loss of populations or logs of genetic variants, would have a
disproportionately large impact on the total aquatre genetic diversity of the nation."
The Cumulative Impact Study further explains:
Riparian habitats are generally ecologically diverse and they often provide habitat for
unique, or ecologically important species... The projected potential adverse impacts in the
West Virginia study area is 7,591 acres, or 3,2%. Approximately 55% of the projected
riparian habitat impacts occur in first and second order streams which are important
habitats to many species of. . - wildlife. l4
[F]orest loss in the West Virginia portion of the study area has the potential of directly
impacting as many as 244 vertebrate wildlife species. 1?
Assuming that 80% of the salamanders are lost in the projected forest impact areas,
approximately 1,232,972,280 have the potential of being adversely impacted.'6
The DEIS states that;
jTJhis EIS describes biotic interactions common in headwater streams and various
vertebrate species including birds, salamanders (including newts), and mammals which
require interactions with the aquatic environment in order to maintain their iife
cycle. . , Filling would eliminate ail aquatic and aquatic-dependant interactions that would
formerly have occurred in the filled area. . ,[T]he permanent nature of filling would
suggest that .MTM/VF impacts to biottc interactions in headwater stream systems .may
constitute a[n] irreversible impact to this system m the study area.17
The widespread deforestation of Appalachia will also have detrimental impacts on forest birds,
particularly fragmentation-sensitive species including the cerulean warbler, Louisiana
waterthrush, worm-eating warbler, black-and-white warbler and the yellow-throated vireo. The
DEIS found that the potential adverse impact of loss of habitat for forest interior bird species
"has c\ t ri-ni c tM'okii;iciil siinii fit- SHUT in that habitats required by these species for successful
breeding are limited in the eastern United States. "!S
As succinctly summarized in the Cumulative impact Study:
Mountaintop mining and valley fill activities significantly affect the landscape mosaic
Landcover changes occur as forests are removed, the topography and hydrology is
altered, and vegetation is eventually re-established. The result is an area drastically
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" DEIS App. I. p.?8
"DEIS App. 1. p.vi.
"J4.IIS6.
"14 « 92-93.
'"DEIS I VIM-5.
" DEIS App. 1. at 90 (emphasis added).
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different fr»m to ore-mining C»IIJ||JJJBB. Soil qualities are different, the vegetative
community has a different structure and composition, and habitats are altered.'9
Finally, but no less importantly, the DEIS also downplays and dismisses the damage caused to
the human communities living within the shadow of mountaintop removal operations.2^ For
example, the blasting involved in mountaintop removal coal mining causes significant harm to
local residents, including structural damage to their homes, excessive noise and dust, damage to
wells, and psychological harm From the very real fear of flying rock and other debris. A report
by West Virginia's legislative auditor found that "[cjitizens... could be living in hazardous
conditions due to damage sustained in a blasting incident."" The DEIS admits that blasting "will
continue to have periodic adverse effects on the quality of life of residents living in close
proximity to the mine sites "a Yet, instead of evaluating reasonable steps that could be taken to
reduce or eliminate these adverse effects, the DEIS cavalierly suggests that coalfield residents
can file lawsuits to abate the nuisance.23 This failure to address one of the important problems
identified by local residents is not only illegal but also insulting to the communities who are
forced to live near these mining sites.
In sum, the DEIS' conclusion that there is insufficient evidence to link mountaintop removal
mining and valley fills with substantial and permanent environmental harm to streams, forests,
wildlife and people is unsupported by the record and violates NEPA.
B. The OTIS Must Consider Alternatives to Minirm/.i- the Environment*! Impacts of
Moiintaintop Removal Coal Mining and Decument the Imp acts of Alternatives, Including
the "Preferred Alternative"
The May 2003 DFJS fails to conclude that mountaintop removal mining should be curtailed or
mat its impacts, should reduced, despite overwhelming evidence to the contrary provided by the
OH1S' own studies In fact, through Hie DEIS, the Bush administration is actually culling
for eating existing environmental restriction; on this damaging mining incihod in direct
(•oiUnidiciion to the findings of the scinuific and technical studies.
The DEIS contains "four alternatives" - a "No Action" alternative that purports to maintain
current regulatory programs, policies, and coordination processes24 and three "Action*'
alternatives, each of which only considers making administrative changes in the permitting
process. None of the "alternatives" considered in the DEIS would impose new limits or clear,
objective, substantive restrictions on mountaintop removal operations.
'"DEIS App. 1. al 23 (emphasisadded).
K S» DEIS ID, W-1 el mi]., "Biasing and the Local Community "
"' We$ Virginia LegtsSsilivc Auditor, Preliminary Performance Review, "The Office of Explosives and Blasting Is
Not Meeting All Required Mandates," p 15-16 (December 20(12).
"DEBIIIW-6.
:'M.
-1 As noted betow in Section C ofihese comment's, even the so~eaHed "*No Action" alternative inexplicably
contemplates amending the exrsiiflg streasn Buffer Zone nifc.
6
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The Bush administration's "Preferred Alternative" in the DEIS suggests changes to "streamline**
the permitting process and shuffle authority between the agencies - often in violation of federal
law - while setting no meaningful limits on the size, location, or impacts of mountaintop
removal operations, including valley fills The DEIS1 "Preferred Alternative" would attempt to
combine the Surface Mining Reclamation and Control Act (SMCRA) and Clean Water Act
(CWA) permitting processes in the name of bureaucratic efficiency However, many of the
intended benefits of both taws would be largely undermined by this proposed approach, which
would give the OSM a greater rale in Clean Water Act permitting decisions - a responsibility
Congress entrusted to EPA, not the Office of Surface Mining In addition, ai! of the DEIS
alternatives assume the federal government will rewrite and weaken the SMCRA Buffer Zone
rule, a long-standing Jaw adopted to protect streams from coal mining activities
The Bush administration's policy recommendations in the DEIS are completely at odds with the
scientific studies. A January 2001 Preliminary Draft EIS15 more accurately (though still
imperfectly) reflected the Cumulative Impact Study's analysis of the effects on aquatic and
terrestrial resources and species of several different scenarios for future mountaintop removal
mining. The studies accompanying the Preliminary Draft HIS looked ai alternatives including- I)
no limits on the size of valley fills, 2) a 250 acre limit, 3) a i50 acre limit, 4) a 75 acre limit and
5) a 35 acre limit on the si/e of fills2(> Not surprisingly, the cumulative impact report found that
the most restrictive alternative studied - the 35-acre limit - would result in the fewest
environmental impacts on streams, forested areas, and species The study noted that there would
still be significant environmental damage even under this scenario, especially to headwater
streams Each of these preliminary alternatives assumed continuation of existing environmental
protections, such as the stream Buffer Zone rule that limits mining damage within 100 feet of
streams.
The Preliminary Draft EIS contained three action alternatives that restricted valley fills to
ephemeral or intermittent streams and retained the 100-foot stream Buffer Zone (SBZ) rule, and
a "No Action" alternative. The uncontrolled "No Action" scenario was shown to have the worst
environmental impacts. Nonetheless, that is what the Bush administration essentially proposes in
its May 2003 DEIS as rhe "Preferred Alternative" - a proposal that does not even consider, let
alone recommend, any "bright Sine," objective acreage limits on valley fills The May 2003
Bush administration "Preferred Alternative" also fails to propose an end to the use of Clean
Water Act §404 general permits to authorize valley fills or any other meaningful limit on valley
fills, regardless of whether an individual or genera! permit is used, despite the fact that limits on
the size of valley fills is what the cumulative impacts study evaluated.
The May 30 DEIS itself confesses that there is little substantive difference between the
alternatives considered. For example, the document states that "|a|II alternatives.,. are based
on process differences and net directly on measures that restrict the area of mining."* The
DEIS states that "[tjtte environmental benefits of the three action alternatives are very similar,"
and further acknowledges that ll[t|he regulatory responsibilities ... are common to al! the
~- Mountaintop Mhuqg/Vjtfcy Fill EIS, Preliminary Draft, January 2001.
n
-------
alternatives . , -. However, the lead agency for each responsibility under the action could vary
under each alternative,"29 The DEIS further admits that "[t]he proposed action alternatives are
largely administrative and as a result, accurately projecting their environmental consequences is
difficult"110
These stark but perhaps unavoidable admissions demonstrate that the DEIS does not really
consider any real limitations on mowntmntop removal or action alternatives that would minimize^
to the maximum extent practicable, the environmental effects of this destructive mining
practice.*4
The dramatic shift from the Preliminary Draft to the May 2003 DEIS appears to he primarily due
to the influence of the Office of Surface Mining {OSM) on the development of the EIS under the
Bush administration Under the previous administration, meaningful limits on the effects of
mountaintop removal coal mining were at least being studied and considered But in October
2001, J Steven Griles, a former coal industry executive and lobbyist appointed to the post of
Deputy Secretary of the U S Department of the Interior, issued a letter to the OEQ, Office of
Management and Budget (OMB), EPA, and COE, stating in pertinent parr
We believe the [mountaintop removal/valley Fill] EIS is the logical vehide to address
environmental protection and promote government efficiency, while meeting the nation's
energy needs . We do not believe that the EtS, as currently drafted, focuses
sufficiently on these goats We must ensure that the EIS lay (sic) the groundwork for
coordinating our respective regulatory jurisdiction in the most efficient manner. At a
minimum, this would require that the EIS focus on centralizing and streamlining
coal mine permitting, and minimizing or mitigating environmental impacts1J
This was a none-too-subtle directive to the other federal agencies to shift the F.IS's focus away
from minimi/ing environmental effects in favor of permit streamlining and, at best, trying to
"mitigate" the destruction of mountaintop removal, rather than avoiding it A follow-up email
from OSM"s Mike Robinson explained to the other agencies that
0E1S H W
* DEIS fV 4-1
' Vc WioDfrJS IV /V) ( I lie No Action Alternative and action alicnwJivcswtH ml eliminate the tea of si ream
segments and reduction «i organic matter transported dosvaswtana"), DLIS IV A-D7 fTliert are no sigmficani
dincfentcs aruoi^ithc No Auiitm AUenwine and AKernatnes !. 2. and "* in terms of ihcirabtlitv to protect
jtlwcaletKXJ and etidin(*erredj specie5; ) DEIS IV G-^ f "AH a!leniats\es ma% continue to displace local communities
in e$*iCiUttiJh equal amounts wnce the tiltefreiuv^s jrc based on process difference's and not direct!) on iiicjisures
ititit restrict (tie .ircapi mmnij> all rtMenutKes will produce indistinguishable indirect unpacfs in this regard")
DEIS TV1-! (SocMl Conditions) ([Sfiiveallofthe as ihcv affect social impacts"}
1 letter from J Ste\ en Onfes Ki t tQ OMB HP A ,ind COf re MoumaiMop MmifigA'alie* Fills issues Octobei
^ 2i HU It a viorth notmj, Usal Mr Gnles is a ioniiercoal iiidustn cxeculnc and lofebjist \\liocontinues totecctte
jmuiid pav tncnts of $284 (WK! per vc«tr fiom (lie sale of his former !obb% mg firm. National Em irmimcittai Strategies
V\ IKn appointed to In-, present po*,t Mr Cmlf s sold ins lobbying firm and Signed a recimi agreement ptcd|>ing tl«it
«fiile at liitenor I&: w ouid tioi be ist\ oh cd in Jnv particular matter tn\ oiv nig specific parties in \vhich au> of inv
fnnner clients (^ or repn?senfs a part\ (jriles former clicrth include n\nn\ coal companies HMU conduct
niountamlop rcmo\ ;il mtrang as vtelf a^tlic National Nfining Association, the indusrn ir.ide group and a*oc.il
«iJ\ otrftt for n eakening federal enviromtvnyl Mw s to benefit die cfaas!s added)
MEtwitllVomDd\
-------
would be- "Process v. Environmental ^rafeetjon; Where's the matt? What is beiftg proposed that
will improve environmental protection? What proposals will place limits on MTM/VFT37
Not only did the DEIS approach fail to meet the requirements of the original scope intended for
the programmatic EIS, it completely ignored the millions of dollars and thousands of pages of
technical and scientific studies that the agencies' staff had been working on for years. As aptly
explained by the FWS's Mr. Densrnore:
The ETS technical studies carried out by the agencies -• at considerable taxpayer expense
- have documented adverse impacts to aquatic arid terrestrial ecosystems, yet the
proposed alternatives presented offer no substantive means of addressing these impacts.
The alternatives and actions, m currently written, belie four years of work and the
aecuBiiilateii evidence of environmental harm, and would substitute permit process
tinkering for meaningful &nd nmism ;ibie change.38
The DEIS' failure to address meaningful alternatives disregards the findings of the studies on
moufttaintop removal and flies in the face of common sense - and it clearly violates the law
governing the EIS process, the National Environmental Policy Act ("NEPA^X39 NEPA requires
that Environmental Impact Statements describe (1) the "environmental impact of the proposed
action," (2) any "adverse environmental effects which cannot be avoided should the proposal be
implemented," (3) any "alternatives to the proposed action," and (4) any "irreversible or
irretrievable commitment of resources which would be involved in the proposed action should it
be implemented."* NEPA implementing regulations make clear thst an E1S must "present the
environmental impacts of the proposal and the alternatives in comparative form, thus sharply
defining the issues and providing a clear basis for choice among options by the decision maker
and the public," and to "rigorously explore and objectively evaluate ajjhn^onalble
NEPA's requirement that federal agencies evaluate all reasonable environmentally
distinguishable substantive alternative to agency actions and to fully evaluate the consequences
of these alternatives is flatly violated by the mowntaintop removal DEIS- The three "action
alternatives" in the DEIS are purely process alternatives, they provide no meaningful btsis for
analyzing, much less reducing, the environmemal impacts of continued federal approval of
rnountairjtop removal operations. By failing to consider reasonable alternatives that would
restrict the size, scope, and number of valley fills, the DEIS fails to consider a reasonable range
of alternatives, as NEPA requires.
3 EiMil from John FQTOII 12: Briefing Outline, with Attachment: Briefing, MouaUuntop MuiiBg/Valley Fills
(MTM/VF) Draft Programmatic Environmental Impis:! Statement Ma> 21, 2003.
^ Email foam Dave Dcnsmore re: PWS Comments &n Chapter IV. September 30, 2fl02 (emphasis added),
** 42 U.S.C § 4321 rt wg. MOTE: This section only addresses a few of the maw ways the DEIS violates NEPA
staiutory and regulatory requirenjents; il is HOI meanl to be ft coniptetasfisive evaluation of all NEPA violations
evidenced by this DEI'S.
*'42U.S,C.*g4332(2)(C>.
'1? 40 C.P.R. jf 1502.14 (emphasis added)
10
4-2
te addition, NEPA requires that an EtS accurately portray the impacts of the proposed action,
and alternatives to the proposed action,4* NEPA requires that »n EIS prepared by a federal
agency include "a dejiaiteA stateffleaf ' on "the environmental impact of the proposed action,
, . .any adverse environmental effects which tannot he avoided should the nronosal be
d. [and] alternatives to the proposed action.
The alternatives analysis, including discussion of the proposed action is "the heart of the
environmental impact statement," The analysis, based in targe part upon the environmental
consequences section of the EIS, should "[d]evote substantial treatment to each alternative
considered in detail including the propo*d action so that reviewers may evaluate their
comparative merits,"45
The environmental consequences section of the EIS "forms the scientific and analytic basis5' for
the required comparison of alternatives; this section must contain discussions of, inter atia^
"direct effects sod their significance, indirect effects and their significance," and "environmental
effects of alternatives including the proposed action,"415 Effects that must be analyzed include
"ecological (such as the effects ort natural resources and on the components, structures, and
functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health,
whether direct, indirect or cumulative."47 Direct effects "are caused by the action and occur at
the same time and place."* Indirect effects "are caused by the action and »re later in time or
farther removed in distance, but are stilt reasonably foreseeable."* Cumulative impact is "the
impact on the environment which results from the incremental impact of the action when added
to other past, present, and reasonably foreseeable future actions regardless of what agency
(Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result
from individually minor birt collectively significant actions taking place over a period of time.""
The mountaintop removal DEIS tails in this regard According to claims made in the document,
the "Preferred Alternative" - Alternative 2 - would, like the other "action" alternatives
considered, result in "significant environmental benefits" } but this assertion is not backed up
with any description of or factual information about whst those benefits would actually be. At
best, the DEIS further asserts that the coordinated permit process that comprises Alternative 2
might result in the identification of ways that could be used on a case-by-case basis to avoid or
minimize adverse effects, but nowhere in the document do the agencies actually identify any
actual resources that would be protected - at individual sites or on a cumulative basis - as a
result of the selection of their preferred alternative.52
0 42 USC 4332 (NEPA KH(C 4 E)), 40 CFR 1502.14, 1502.16; 40 CFR 15(18.8.
" 42 USC 4332 (NEPA 10J(O) (emphasis xtted).
•H40CFR1S)2.14.
"14
*40 CFR 1502.16.
''" 40 CFR 1508.8.
'040CFRt5M.8(a),
*«1 CFR 1508.1Kb).
"40CFRI.W8.7.
51 PHIS II. B-17,
K See DELS II. Section C "Dojitod Analysra of tne Action ID Address hsvK' The lilte of this section is
misleading in the seme that it contains no detailed analysis of the actions MKjtiding the preferred alternalive,
11
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Section A - Organizations
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Perhaps even more importantly, the DEIS fails to describe (either in detail or in general terms)
the environmental resources that would be harmed under the agencies* preferred alternative. For
example, the DEIS does not discuss the direct, indirect, or cumulative effects of Alternative 2 on
stream losses, the consequential size of valley fills, future forest losses, effects on fish and
wildlife resources, including endangered species, flooding or other environmental damage
associated with mountaintop removal coal mining.s3
This omission in the DEIS itself is especially striking, given that the scientific studies contained
in the appendices so vividly describe the environmental destruction that has been and currently is
being caused by mountaintop removal. As the Cumulative Impact Study mate clear, without
new restrictions on mountaintop removal, these impacts are likely to double over the next
decade. Yet, the DEIS itself contains none of the detailed analysis NEPA requires saying what
impact - if any - the proposed action alternative would have on the future of these resources,5'1
Thus, a decision-maker reading the DEIS would not be able to figure out from this document that
the federal action at issue is oae that is destroying an environmentally sensitive area the size of
one of the SO United States (and not even the smallest one) - violating the very purpose of the
NEPA analysis.
C. Elimination of Existing Protections, Siitli as the Buffer Z«ne Rule, Are Not Reasonable
Alternatives
One of the most important components of current SMCRA law is the so-called buffer zone rule.
This regulation, adopted in 1983 by the Reagan administration, prevents the OSM and state
agencies from issuing permits for coal mining activities that would disturb land within 100 feet
of streams, unless the permitting agency affirmatively confirms that the activities will not violate
M hi addition under basic principles of be atbtirarv orcapncioas enobffet/thi'tuttr}-* tn \tnke titmtt n\arfattran «sjewv
at ft m that A tltsviiltidfttetkltfd fttc mo! AttfytoH " AMB^ofData ^OC^BMjg,>,. Bo.^L0£Qi^grj^rs ?4S F 2d 677
681-S4(DC Of 1984) («mpha&!$i« original Internal quotations and eilip&is omitted) Under tins standsid UK
.iuencies must ofier credible c\ jdeiice not mere speculation iotmilress facliwi conclusions 5^ £-£. £SB3SSUylB
Rec\t.lingCojliUoa\ LPA 2«F MM* 866 (DC Cir ?001)(icimndcdutiac <$cnu had failed (o
'demomtmtcfj* rein am point wiih "substantial c\ tdcisce ~ not mere assertions"),M^Mifkcjss:1&M_\JUSEE4. 2
FM4^H 446(0C Cir I*W) (aguKA \ jnirpoiteJ "ii&lilkatictn on fhe nxord" mjccicd «hcit it 'tomtslsof
ijomt*i CMffloL.MTiS.>.-Assft...\.....EPAJ2SF Id 1259 12>(DC Cir I994)c«'»ne) jjnjgjj
. TbKC S8 F Id 11OS i ift^^tit (D ( Cir t(DC Cir 2(i(H}(Hgeiia "fasied in provide anj record
litstificauon" for in ke\ .mertioti, but instead Hstmp!v assumed it Has so")
w Under Ihcaibiirsm jud c.jpnciotis si5indard anagcmn must e\ttt»tfte ilw ffilc%a»tdala cMid articulate 8(iy&2) Attdgenc\ attioncanbtdibitran ^uid
utpricious if i\K dgciicx cuJireh faiied to consider tin imporyni aspcc! of i!ic probictn oficmi att e\piaiidtion
for tls decsstou thai runs counter lo she ei idence before Hte agency or is so implausible Uwt it coald IIDI be .istribed
10 j diffcreno: IBMCH oriiie product of agencv expertise " Motor \ctacle Ass n\ SUie lartnMut 46^ U S 2l>
(1983).
12
4-2
1-10
water quality standards artd will not adversely affbet wM'er quantity, quality, or other stream
resources 55 This regulation is needed to implement the provisions of SMCRA that require the
protection of water courses from mining damage.
Remarkably, all of the "alternatives" considered in the DEIS propose (or assume) that the Buffer
Zone rule will be rewritten by the Bush administration to allow- coal mining waste to be dumped
into streams, burying them - essentially eliminating the stream "buffer" from the Buffer Zone
nile. This is perhaps the most outrageous part of the DEIS, While the document overall fails to
live up to the purpose of finding ways to mmirma the already devastating effects of
mouniaintop removal foy ignoring alternatives needed to limit the impacts of this form of mining,
the propMiil.ta .
-------
upstream of a sedimentation pond located within the stream channel, provided thai the
pond meets the location requirements of § 816 46(cXlX») of this part
0) Be conducted in a manner that minimizes disturbances and adverse impacts TO fish,
wildlife, and related environmental values of the stream
v the CWA. since it i
v wkh botfi
lfes y e
IB enlv those activities au$pHzgt! bv both
statates '
Thus, OSM's interpretation of the existing Buffer Zone rule in the DEIS is incorrect, and is
directly inconsistent with the interpretation given by the United States before the 4* Circuit in
Btayg. In addition, EPA's Office of Water warned OSM in December, 2002 that the DEIS' legal
position on the Buffer Zone rule is incorrect, commenting that:
1-10
** DEB II.C-34 to C-35 (crapben added). Stt also. DEIS n.B-7. regarding the "No Actieo Alternative" ("OSM
initiated a SMCRA regulatory program enharcement to ftfltaid attd clarify tfee stream buffer torn (SBZ) rales at M}
CM 816.57 and 817.57"); DEB ll.B-19, regarding tie "No Action Alternative" ('SMCRA buffer zone (SBZ)
subject lo imapreutioi)"): DEIS H.C-J, regarding the "No Action AHenotire" ("Consul SBZ rule-making
(OSMD; DEIS ii.D-2, regarding " Alternatives Considered but Not Carried Forwatd Hi this E1S," C'Use of the
^existing) OSM SBZ role was considered to implement the alternatives establishing vaiiey fiJI restrictions for certain
strejMn segments jbiti not carried forwardf")
14
*" This argument is especially cjnital and disingenaons given that to May, 2002, MB Bush adrninistottio* tewntc
25^year-o!d Clean Water Act regulations pralubiting tbe disposal of waste material - including mo»r«jiratop rcinm-a!
wsste - from being dnHiped ift stftjattis m ati attempt to allow sueh waste disposal in waters to occur.
111 DEBILD-2. &K30U.S.C. § 1292
-------
There are fairly sweeping legal conclusions here that the stream IxiUfcr zone rule ccmW
not be used to determine allowable stream segments for filling because doing so would
supersede the C W A, something f C]ongress precluded in SMCRA. The lawyers need to
look at this more closely. I'm uncomfortable with the breadth of this argument...64
The DEIS' interpretation of the Buffer Zone rule, as supplied by OSM, is erroneous as a milter
of policy and of law. and is an arbitrary reversal of the prior position taken by the U.S
government before the federal courts
All of the alternatives considered in the DEIS, including the "No Action" alternative and the
three "action alternatives^" contemplate (hanging the Buffer Zone rule so that the rule is
weakened or eviscerated No alternative contemplates keeping the Buffer Zone rule in place as it
currently exists This failure to consider any alternative which includes the option of not
changing current law violates NEPA, under which the BIS must "fijnclude the alternative of no
action''1'5 Bv JlegallY inchidii>j_a r«le chaflee tn tto "No Aetton" «t»rMtlvf. .rttt.PEIS
te^vad^ a fniKtqmenl&t reqiriif itretit af Nj^PA to fcoasidef the.hetietife of
i the law, unchanged* Rather, the
aMe 8lteriiit(lveir« i
the aiteraMiV€ ,
'" .««• "ill
tuve more dim a "minima] athwe cm iromm-ntal effects «lien peifturad separately and wiH Save only minimal
cmilatiw adveee effect on Die tnimmfut.' M U.S C 31W4(«) (emphasis added). Thus, *c analysis of lltt
tarn caused by (lie activity pispositig » discharge pollaant into wa«r is not limited 16 the tarm caused only to the
aquatic environment, but necessarily- consider UK harm fifcit would rt-sutt to the environment generally, indudbig the
temjstrfal emutniraetw
"'We hertjy incorporate bj- reference additional rcasQBSWhy Ibece-nH'nueduseofNWP2l violates the Clean Water
Act M stated m NRPC's October 2001 comments on the NWP proposal published til Ihe Federal Reghter a< ftft Fed
Reg M070 (August 9.2001)
17
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Section A - Organizations
-------
E. The DEIS*
Cann
s&lysjis Is rumliimt'nt illy Flawed Because Burin! sf Streams
The 0EIS further violates NEPA by failing to adequately analyse the effectiveness of proposed
mitigation measures. Specifically, the DEIS wrongly relies on the effectiveness of in-kind
mitigation to justify failure to recommend other stream protection measures" despite the fact
that the DEIS and its accompanying studies admit that on-site headwater stream reconstruction
has never been successfully accomplished and that the technology to reconstruct free-flowing
streams does not even exist. Thus, there is no rational basis for the DEIS' reliance upon stream
mitigation as a method of reducing impacts of mountaintop removal mining to m
environmentally acceptable level.
The DEIS states that "[ntjitigation for lost stream functions is important to ensure that significant
degradation to waters of the U.S. does not occur"74 and that "Pin-kind mitigation must restore or
create headwater stream habitat on the reclaimed mine area to replicate the functions lost form
direct stream Joss."?i
The Fish and Wildlife Service's reviewer of the DEIS has commented that ", . .the ability of
compensatory mitigation to reduce impacts to minimal levels is the linchpin of each of the
alternatives" but that such mitigation for buried streams "is an untested, unproven concept, and
many believe it can't be accompli shed. "l7fi
The DEIS states: "'[wjhile proven methods exist for larger stream channel restoration and
creation, the state of the art in creating smaller headwater streams onsite has not reached the
level of reproducible success required for these efforts to be reasonably relied upon
prograrnniaticatiy as an option for full compensatory mitigation."^7 And elsewhere: "[djuring the
development of this EIS, technical representatives from GSM and from West Virginia have
suggested that groin ditches constructed along the edges of fills may represent an opportunity for
in-kind replacement of streams with an intermittent or ephemeral regime. To date, no drainage
structures observed appear to have successfully developed into a functional headwater stream,"78'
While it is true that NEP A does not require aft agency to mitigate adverse environmental
impacts, where, as here, "an agency's decision to proceed with a project is based on
imconsidered, irrational, or inadequately explained assumptions about the efficacy of mitigation
measures, the decision must be set aside as 'arbitrary and capricious,"'7'*
11 DEIS 1I.C-2-3 (stating thai burial of streams by valley fills "can be fistccessftriiy offset by a com
mitigwiioi! proposal").
''DEISH.C-49.
"? DEIS IV.B-9.
''L Email from CMv Tibboii, FWS. ne: Chapters ! & II eammenls, November 1 5. 2001
" DEIS H.C-50.
"
..
v Stein V. Barton, "?•*() F. Supp. 745. 753-54 (D- Alaska 1 990) (eemctusion that mitigation "will prevent any
sigiufieimt reduction itt fish ha&iiaT was a&iintty in HgNt of evidence in ttic record deiiiomlraiing mitigasioii
failures).
18
4-2
dliii. th DEi$ c:uinoi
little bask lit fealty. and no crcdililc prMmcctof success. Accar
F. The Economic Impact «f Reducing the Sf» of Vafley Fills Would »e Minimal
The failure to consider new restrictions on mountaintop removal - especially objective limits on
the si-ze of valley fills - cannot be justified on economic grounds, Studies prepared for the DEIS
concluded that limits on valley fills would not only have significant environmental benefits, but
also that the economic consequences would be moderate, or relatively insignificant. Even after
the ffrsl economic study was rewritten for the DEIS in order to be more sympathetic to the coal
industry's concerns, the second version of the study concluded that the economic costs would be
small
As part of the programmatic EIS effort, EPA contracted with Hill & Associates (H&A), an
economic modeling Firm, to mode! the economic impacts of the various alternatives - still under
consideration at that time- for restricting the six® of valley fills. In a December 2001 "final**
report to EPA, H&A concluded that evert the most severe restriction on valley fills studied tn the
report -• one that barred fills covering watersheds more than 3$ acres- would raise the price of
coal by only $ ( per ton and raise the cost of electricity by & few cents per megawatt-hour,88 Is a
March 2002 slide show presentation to senior EPA officials in its Washington, D.C.
headquarters, EPA Region 3 officials characterized these effects as "a minimal impact on the
price of coal" and "virtually NO impact on electricity prices,"81 The presentation revealed that:
« Sufficient coal reserves appear to exist under the 250, ! 50, 75, and 35-acre restriction
scenarios necessary to meet demand during the 10 year study period . .
» Restricting valley fills to 250, 150S 75, or 35-acre watersheds will increase the price of
coal by only $ I/ton under each respective restriction scenario
» Restricting valley fills to 250, 150, 75, or 35-acre watersheds will increase the price of
electricity by only a few cents/MWHr under each respective restriction scenario.
Another EPA draft study, dated April 23, 2002, concludes that even under the most restrictive
option studied - limiting the size of valley fills to 3 5-acre watersheds - annual average impacts
to total statewide employment in Kentucky and West Virginia are no more than 0 3% of total
year 2000 employment In addition, this study found that there are no ''notable differences in
[wholesale electricity] prices or generation levels among the alternative [restrictions] due to
the competitive nature of the energy markets "81
^ Hill & Associates, "Ecosotnic impact of Mountain Top Mining atid Vallcv Fills. Eavifixunenial htipaef
Statement.* for U S EPA. Deccinbcr 2001 The H&A study assumed tlsat vaHcv fill nstnctioia urntld 8pply
uiunoduftch to all exiting mtnc^whrie a Rwnciikely scenario is fiuif new res)ncttomttoulclQiil> appiv ioftitare
pennits Ttais the study oxersfaies the likci> econonac impacts of iiinittftg future Clean Water Act § 404 permits to
dump moHiifaifitop removal ttitste into utitcis
" ttomtaintop Mining EIS Presentation, HPA Office of Water, Office of Federal Actn tucs, and Office of General
Counsel. Miircli 5, 2003 (emphasis in original)
<:a.
" Gamea Fleming. Draft Banana: Qmmmeiiees Study for MTM'VF.EIS. April 21. inn
19
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Section A - Organizations
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Apparently because the coal indu$try was unhappy with the conclusions of Use first "final"
report, Hill &. Associates was directed to reopen their study by conducting a "sensitivity
analysis" that consisted mostly of interviewing coal company officials to incorporate their
opinions of the economic effects of limiting the size of valley fills. m Even with this industry
input, the economic consequences of limiting the size and location of valley fills was found to be
minimal.
Thus, the May 30 DEIS finds that "in most situations the restriction would change the price of
coal to less than One dollar per ton," and "ftjhe price of electricity would continue to ris«
approximately 1 to 2 percent across the scenarios, IhgJjBBftStsjjyjg to restrictiofls will have little
eljfeclon^piice. ** ' Even after adjusting the models based on the cos! industry's inputs, the
change in the price of coat rose to only two dollars a ton.
Morgan Worldwide Consultants, inc. (MWC1) conducted an analysts of the economic reports.
As OSM's Mike Robinson observed in a January 2003 e-mail, the MWCI analysis concluded
". ..it is evident that the ejja&iflityjiDflajtejBiife .msemiti ye tq the MTM /W.;.f.estrictJOttS.
showing differences of only l%-2%, or 3% at the maximum Perhaps recognising this might
be a public relations issue for the agencies -~ since no other reason to avoid limiting the si^e of
valley fills had been produced - a background memo for the agencies' "Communications Team"
dated January 16, 2003, warns that "[a|s part of the studies conducted is conjunction with the
DEIS were studies to assess the economic impacts that would result from implementing actions
considering limits on the size of valley fills. Information from the economic studies ... suggest
that limits on the Abe of fills will have .only minima] economic : .consequences M.COJ!. and
Therefore, one of the coal industry's - and this administration's - primary rationales for failing
to rein in the worst abuses caused by mountaintop removal coal mining is refuted by its own
economic studies.
Con elusion
The environmental and economic studies prepared for the mountaintop removal programmatic
EIS do not lend any support to the administration's proposed "Preferred Alternative" that would
Although ilic "Phase U* H£A carch actual oti-tftc-gmtifid"
iinpticft experienced ami protected due fo * fill rcsf ncuosts Coal producers ^presenting appK>vinutct> 60° a at
Ihc affected suffice mine lonitapc in soiitJjem West Virginia and eastern KcittiicK^ were \ tsded DFIS, App G
HPhau.ll Sttid\"at6
s* DOS App 0 [> 6 istiinman of Pirate M economics stutlv In Hill and A«<*x:taic$) (emphasis added)
*" Em,iii fmmMikeRobtHson n; H&A economic anah sis citing Letter from Morgan World* tAe CoiuuUaiiis Iiic
Jantyh 10 2001
n Mouaianiiop Mining > V'aHcx TtH DFiS Btn p
2 (emphasis added)
20
11-9-2
result in the weakening of extstmg environmental laws that liffiit the si^ and location of valley
fills. In fact, the studies support the opposite conclusion: moimtaintap removal must be much
more strictly limited to head off additional and significant devastation of the Appalachian
region's tmtutaj resources - and the communities that depend on those resources now and for
future generations,
The DEIS represents a wholesale retreat from the promise made by the federal government in
1998, when the agencies involved pledged to develop a programmatic E1S to minimize to the
maximum exteat practicable the environmental harm caused by rnoimtaintop removal and valiey
fills - not prolong or exacerbate the problem. The DEIS also violates or calls for changes in
long-standing environmental protections that would violate numerous federal environmental
laws, including the National Environmental Policy Act, the Clean Water Act, and the Surface
Mining Control and Reclamation Act.
As stated above, the DEIS must be rewritten to consider substantive alternatives that would
minimize the environmental harm caused by mountaintop removal and select a preferred
alternative that would truly protect the resources and people of the region.
4-2
Sincerely,
loan Mulhern
Senior Legislative Counse-!
Earth] ustice
Fred Sampson
President
West Virginia Environmental Council
Melissa Samet
Senior Director, Water Resources
American Rivers
John Btair
President
Valley Watch, Ine
Ed Hopkins
Environmental Quality Director
Sierra Club
Norm Steenstra
Executive Director
West Virginia CUixen Action
Daniel Rosenberg
Staff Attorney
Natural Resources Defense Council
Liz Garland
Issues Coordinator
West Virginia Rivers Coalition
Julie Sibbing
Wetlands Specialist
National Wildlife Federation
Bob Pereiasepe
Chief Operating Officer and Acting Senior
Vice President for Public Policy
National Audubon Society
Sara Zdcb
Legislative Director
Friends of the Earth
Andy Mahler
Coordinator
Shagfaark
MTM/VF Draft PEIS Public Comment Compendium
A-602
Section A - Organizations
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Diana Mullis, Potomac Valley Audubon Society
"WEC'D OFC 3 1 2M3
Potomac \?alleg Audubon Society
www.potorateaudabon.,Qrg
P.O. Box 578
Shepherdstown, WV 25443
We value the aquatic resources, biologically rich forest and stream ecosystems, the
streams themselves, md OOT drinking water. Moreover, DO wilcUifc babitat destruction
studies have be« RxftcoiMBg ta iito matter, m& to tapaet of MTR on dl wldMfe is
unknown. leveling mountains and burying streams needs to aop and these issues need
to be more ftffly evaluated.
December 26,2003
Mr. John Forrea
U.S.Et>A{3A30)
16SO Arch Street
Philadelphia, PA 19103
Bear Me. Fonw.
R^arding: MounlAtop Removal tni Valley Fifls
1 am writing fins lettiron bdjalfof die Potomac Valley Au&Aon Society. We are a
Chapter of fl* National Andutei Socsie^ with a MfimbaAip of ^^raxbnately 600
members in tile eastern panhandle cxranties of West Vire,mm.
The Potomac VtHey AwWson Society (PVAS) is opposed to njountMUWp fonowl and
rtruly
proMKt tie «e of vallef fiDs and mmint«intop
Scientific stndiea document tile widespread and irreversible damage that mounteintop
removal and valley 411 ffi having on Appalachia, bit yet the Environmental Impact
Statement (EIS) rejects the science based restrictions related to the size of the fill,
cumulative impacts, types of streams affected, and value of the aquatic resources in the
region.
We specifically oppose any changes that would weaken the laws and regulations that
protect dean water. In particular, we oppose tlie proposed elimination of tiie stream
buffw-zone tule that pmMbtts njtoiag activfy wltMn 100 feet of streams. This rule
should be strictly enforced. We do tat st^port AJtemaflve 1, 2 or 3 as described in the
EIS report. These optima do not protect Appalachian forests, water, or eomtnofflties.
Diana LMaffis
President
1-10
1-5
MTMA/F Draft PEIS Public Comment Compendium
A-603
Section A - Organizations
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Janice Nease, Coal River Mountain Watch
December 20,2003
Coal River Mountain Watch
Post Office Box 651
Whitesville, West Virginia 25209
Mr.johnForren
United States Environmental Protection Agency
1650 Arch Street
Philadelphia, Pennsylvania 19103
To Whom It May Concern:
Coal River Mountain Watch Is t local grassroots organization dedicated to
protecting the heritage and environment of the West Virginia coalfields white
also promoting vibrant and sustainable communities. Our members and staff
all have d««p personal connections to the mountains of West Virginia. Virtually
all of our staff *nd numbers have personal connections to the coal industry.
Our organization feels It is tragic that the hard working miners and families of
this region have been forced to believe they must destroy the physical and
social fabric of our communities In order to mate a living. We firmly believe
that this situation Is not accidental, nor Is It the Inevitable oytcome of economic
circumstances. The chronic economic problems of central Appalachta ire the
result of extractive Industry's economic dominance over the region, and
mountalmop removal coal mining is Its poster child. The people of central
Appalachla are hunters, fishermen, farmers and woodsmen in addition to coal
miners. It is truly a shame that people have to choose between feeding their
families and destroying art ancestral hunting ground. If other employment
opportunities existed In our region, we believe our people would take them
rather than flatten their mountains and forests.
Against this regional and organizational background, Coal River Mountain
Watch offers the following comments on the Draft Environmental Impact
Statement on Mountaintop Removal / Valley Fill coal mining:
Though the EIS is in enormous document that Includes many detailed scientific
studies, we believe the fatal flaw In the statement is readily apparent In the
executive summary. This flaw is to the very structure of the statement and
reveals the influence of the industry in the preparation of the document.
Unfortunately, this flaw undermines the hard work of the scientists employed
, by the study.
following standard procedure for an EIS, the "no action* alternative would make
no changes to the existing practice of mountalntop removal coal mining. Coal
River Mountain Watch adamantly argues that for tte EIS to be » credible
document, the abolition of mounttintop removal must be vigorously evaluated
as a legitimate alternative. The lack of an abolition option is a glaring omission
that points to the coal Industry's influence in the preparation of the EIS.
Two of the "action* alternatives would build on existing pieces of the permitting
framework. The **ction" alternative that would eliminate the so-called
Nationwidt-21 permit and subject all permits to a more thorough individual
review IS NOT sn acceptable concession to the environmental community. Coal
River Mountain Watch believes that this "action* alternative should be imposed
as a MINIMUM tnttrim reform whfie other proposals ar« considered.
An "action" altef naive that would permit all mines under Natlonwiele-21 Is
blatant pamtertag to the coal Industry. Coal Wver Mountain Watch believes that
tht Nattenwlde-21 permit Is, In fact, Illegal under existing mining laws. Our
organization Is currently participating In litigation to establish this fact.
Regardless of Its legality, this permit has been recklessly applied to surface
mines throughout Appalachia, allowing them to operate without proper
oversight or safeguards to the public.
The reason for including this alternative, we believe, Is that it creates an Illusion
of what the coal Industry Ilkts to call "balance." It is worth repeating that we
DO NOT regard the elimination of Nationwide-21 as a concession. The Illusion
of balance played out in the EIS public hearing held in Charleston. The coal
Industry played its part by arguing in favor of the Nationwide-21 permit.
1-8
1-5
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Concerned citizens largely refused to play their part, Instead of arguing in
favor of the option to eliminate Nationwide-21, most argued that the BS is a
flawed document. These comments ranged from the poetic (the EI5 is a "shame
and a sham") to the blunt ("this is bullshit").
The EIS has a built in escape hatch for Its creators. The third "action"
alternative is a vague statement calling for more cooperation between
permitting agencies to expedite the review process. This option is trulv
obscene. This option contradicts th« volumes of scientific evidence included in
the EIS, all of which testifies to the adverse effects of mountatntop removal and
valiey fills on the environment The vague generalities of the option and its
emphasis of expediting permit review are blatant gifts to the coal Industry. The
entire issue of mountaJntop removal coal mining has arisen because the
industry has exploited similar vagaries in the Surface Mine Control and
Reclamation Act,
If adopted, this "action" alternative would have no substantial difference from
the "no action* alternative. Sy choosing this (no) action alternative, the EIS
authorities can complete their balance charade. They can choose to "act" by
adopting a proposal that will allow them to take virtually no action. There
would be no substantial changes to current mountalntop removal practices. In
fact, the proposed "action* would directly contradict the purpose of the EIS and
the extensive scientific data included In It.
We are dismayed by the EIS. It doss not fulfill its court-ordered mandate.
While the science In the statement testifies to the adverse Impacts of
mountalrrtop removal, the summary and proposed alternatives does not
honestly consider that evidence or the impacts of mountalntop removal on the
citizens of central Apptlaehia.
1-5
step In no way adequately addresses the needs of coalfield residents in central
Appalaehte.
Coal River Mountain Watch recommends that the Draft EIS be rejected. Rather
thin make cosmetic changes to existing permitting policies and procedures, we
recommend that the EIS provide leadership in developing new standards for
coal mining. For the £15 to be regarded as a legitimate document, It must
Include a thoroughly evaluated plan for abolishing mountaintop removal.
On behalf of our members, staff and board of directors,
nice Neasi, Executive Director
4-2
Bill Price, President
Coal River Mountain Watch believes that mountaintop removal coal mining is
human, economic and ecological disaster that should be completely abolished.
The Nationwide-21 permit should be eliminated as an Initial step towards
reforming surface mining In accordance with already existing law. But this
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-605
Section A - Organizations
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Robbie Pentecost, Catholic Committee of Appalachia
CATHOLIC COMMITTEE OF APPALACHIA
T,a Box 62,
*. Hirt-ctw
, OSF
Lme&iiitisyfi-le. Kentucky
asippHl@flxitbHJs.ijei
. .
is Paterx, OP
fe, JfeW Vu'ftM
$!t!tt&tr. ffiex
(60® 2974792
My 22,2003
Hen ring on Mountain Top Removal:
At tfs 1998 Annual Meetii;ng,.the members of the Catholic Committee of
passed & resolution catting for Ihe ead of mountain top removal and valley fill strip
milling. Attached is a eofsy of that reflation. '
The Catholic Committee of Appalachia stands committed to this resolution today! The
results of the devastating tootling in West Virginia aiid Eastern Kentucky, slthotigfi
identified as '"Acts of God,** ate directly related to the eirrtant mountain top removal and
valley fill sl rip-mining prf&tiees, Miiny poof con: mi mints haVe been tk-sli oyed wiili' Httte
or no resottrecs to rebuild, Many of these eommsnities* whej-e flooding to this degree hat
not been seen in the fast tOO years, have experienced several Hoods within the fast fow
moRfJis. Lives have been lok, communities ctemaJishe4 Nope r die end of
mountap top femovid afid visjiey ftti strip misingi Ws will eotitinne to moblliae, IB
eollaferaikm with ofiaa- mffltai^dl ^owjss, to esd tWs vlelsRo: tt> our l
" ft is wife gratitude ttsat ! mfomlt this lett^1 a«d .if inched Stol^fcfiB. We a
q^&0ftti«% to stone With you ottr ®x|»i0i3K»s, iis people of feltti, of devastate and
. On bdurif of tbe Cattiollc ComfirrRtseof Af^lachia, S
Resolution on Mountain fop Removal/Valley PHI Strip Mining
3%e folfowfatg rssabrtiem wospsssetl ttnwilw&ttsfy tyy CotftoKe tftM&oittttK) ofAf&alschfa m&fitwty prssfmt at tite 7
Annual Meeting: "Voius at SuitoliaUUtr. "
Whereas, Psaims 24:1 fimti
us that "Th@ E^rth is th@ Lord's,
thdreof; and tti3 wortd, and th®y thst dwel!
Whureas, "God's covenant Is with all living mailing* (Gonoaia 9:9) and
vyhaf&afi, "Chrtat csms to md6sm a!f Crgatfon te for (wiping trssk of how to msolatlontsooina
Implemented. Please M the OCA ofSoB Wow who yoir «r» oontaotlnj. Relay this Mftrtnatlon to: OCA, PO Box 82,
Wittensvlte, KY 41274 phone (808) 897-8W2. e-ni8ll:aapr»IQfooWlls.net.
Executive Director'
1-9
MTMA/F Draft PE1S Public Comment Compendium
A-606
Section A • Organizations
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Bob Perciasepe, National Audubon Society
Audubon
1150 Connecticut; Ave, NW #500
Washington, D.C. 20036
Tel: 202-861-2242
Fax: 202-861-4290
www.audubon.OEg
January 6,2004
John Forren
US.EPAC3B30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr, Porren:
National Audubon Society submits the following comments on the Draft Programmatic Environmental
impact Statement (DEIS)'oa Mountain Tap Miaki^Valley FUi (MTM/VF) in the Appalachian region of the
eastern United States, 'Audubon is concerned about the severe impacts of MTM7VF on a variety of terrestrial
and aquatic organisms. However, for the purposes of this comment letter our raaia concern is o» impacts to
Emigratory birds. We find that the DEIS fails to meet the recpiiremenEs of the National Eavironiisentsl Policy
Act (NEP A) and, therefore, is in&deeja&te. The DEIS is inadeejittte in that it fails to adequately assess the
impacts, including cumulative impacts of MTM/VF on migratory birds, fails to consider a reasonable range of
alternatives, and foils to adequately assess measures to mitigate unavoidable impacts to birds.
Of particular to concern co Audubon is the im|>act of MTWVF on Cerulean W&rbiers, Audubon b one of
several groups that have petitioned the U. S. Pish & Wildlife Service (FWS) co BSE the species as threatened
under the Endangered Species Aa (ES A). As the FWS has acknowledged, the Cerulean has experienced a
precipitous population decline over the past 36 years. This decline is due to loss of habitat both in the United
States and South America, In our January 21,2003 continents submitted to the FWS regarding ESA listing
for the Cerulean, we emphasized chat one of the major sources of current and future habitat loss is surface coal
mining operations in West Virginia and Tennessee, the core of the species' population abundance arid
breeding area. These mining operations destroy the forest habitat inhabited by Ceruleans. Mining in recent
years has led to an increase in the decline of this species in the Appalachian region, and continued mining
operations, as proposed in the draft EIS» will only increase the seed for listing the species under the ESA. The
draft EIS fails to adequately address this important issue.
The goal of NEP A is to ensure informed decisicm-making regarding proposed actions that may adversely
affect the environment. To achieve this goal, NEPA requires agencies EO take a "hard look*1 at the
environments! consequences of the proposed action before it is taken. This means that an EIS mast fully
disclose environmental impacts; consider a reasonable range of alternatives, including alternatives that
minimize environmental impacts; ftilly assess cumulative imp&cts of the proposed action; snrf assess measures
to mitigate unavoidable environmental effects. The draft EIS fitik to meet these requirements.
4-2
8-1-2
4-2
First, the Draft EIS falls to fully disclose she effaces of MTM/VP on migratory birds, includinf Cerulean
Warblers, Cerulean Warblers have suffered a. precipitates §0% decline in papubcbn over the past 36 years.
Because of this dramatic drop in population, Audubon and several other conservation organizations have
petitioned the Pish and Wildlife Sendee (FWS) to list the species as threatened under the ESA. In response,
the FWS determined that sufficient information was provided 10 undertake a status review as required under
the ESA. That review is still ongoing. The core of the Ceruiean's breeding range is largely within the EIS
study area. Since Cerul&afis require large tracts of intact forest for successful breeding, mOuntaiotap miaijig
'within the study area will have & dramatic negative impact on Ceruleass, Research completed In 2002 byDrs.
W&akiafid and Wood at West Virginia University provides the best information to date on the effects to'
Cffimkaa Warblers &•<«& the fisrest loss aisd fragmentation that occurs with moimtam top mining,
Inexplicably, this research was not included in the draft EIS, even though it was available at the time the EIS
was prepared and the FWS strasgly urged that k be included. Because the draft EIS fails to ioetude the
Weakknd and Wood research. - the best seemiFse information available - the EIS fiaiU to fully disclose the
effects of MTM/VF on Cerulean Warblers. Similarly, th« dralt OS also fails to fully disclose the cumulative
effects of past and projecosd future mimng on Certileans. In particular, the EIS fails to acknowledge that the
Cerulean is listed on the O,S, Fish and Wildlife Service's (FWS) 2002 Birds of Conservation Concern* That
list includes all species for wMdh special management actions and habitat conservation actions should be
undertaken by federal agencies in order so avoid omtomed population decline and potential future listing
under the ESA.
Second, t&c EfS fails to consider a "reasonabk usage of alternatives" as repaired by NEPA. The alternatives
considered in the draft EIS are merely different variations oa regulatory streamlining. The draft JEJS
provides no alternative that includes protecting some important habitat areas frnrn mining or changing the
methods of mining or mitigation m a way to minimize, widi certainty, the environmental consequfi&ces of
MTM/VF. This is IKK only a violation of NEPA, but it spi^ears to also be contrary to die settlement
agreement that was the impetus for this EtS, The f&tlutft m include alternaows that protect some migratory
bird habitat from destruction is also a violation of Executive Garder 13186 which requires federal agencies to
cooperate with the FWS in order to promote the conservation of migratory birds. This draft EIS shoald be
withdrawn and a new EIS prepared that includes additional alternatives including a envirojaraentaUy
preferable alternative that analyzes changes to current mining practices that ensure habitat loss and other
adverse effects are minimized.
Finally, the draft EIS fails to adequately assess mitigation messares for die loss of hardwood forest habitat.
The draft EIS suggests that mined areas co«ld be reforested. However, the EIS also concedes that new
methods of forest reelaasMfeis are untested and that given the condldons needed for reforestation, it is not
likely that reckmatkot would be successful. The draft EIS also suggests that some areas might be replaced
with grassland habitat far "rare" eastern grassland species. It is iimppropriate to suggest converting oite
habitat type to another is adequate mtigation. Thus, these saggesti&as will not, to fact* mitigate the
envkonmenta] devastation earned by MTM/VF. Migratory birds, and Cerulean Warblers in particalar, will
suffer population declines because of habitat loss due to mining activities. Conversion to grassland will be of
no benefit m CeruJeans and, even if reforestttaoa were successful (which is doubtfiil) it wUJ be hundreds if not
thousands of years before suitable habitat for CertJesm is reestablished. Mitigation is reaily not possible, a
point the draft EIS foils to acknowledge. The only option that comes close to mitigation is to identify core
areas Fat Ceruleans aad other migratory birds and ban mining i& those areas.
In sum, the draft EIS fails to adequateJy meet the requirements of HEPA in its assessment of impacts to
migratory birds within the study area, pardcukrly Cerulean Warblers, for which considerable information
esdts. In addition, the £1$ fails to consider a reasonable range of alternatives and fails to adequately assess
8-1-2
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MTM/VF Draft PEIS Public Comment Compendium
A-607
Section A - Organizations
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Judith Petersen, Kentucky Waterways Alliance
JAHO
mitigation measures. Therefore we ask the agencies to withdraw &*s draft EIS &od prepare a new draft tha
remedies the flaws in this EIS.
Thank you For considering these comments.
4-2
Bob Perdttepe
Chief Operating Officer and Acting
Senior Vice President for Public Policy
National Audubon Society
aterways fiQw
270-524-1774
December 31,2003
Mr. John Forrea
US. EPA(3BAJO)
1650 Arch Street
Philadelphia, PA 19103
IE: Mouaateop Mntag/VaBey FiBs in Appatehia, Draft Prc^mnHBC EnvironnjHital Impact Statement
Dear Mr. Forren,
I submit these comments on behalf of the Kentucky Waterways Affiance regarding the
Mountontop MSntaf/Valley Fills to Appilaehia Draft Programmatic Environmental Impact
Statement These comments apply to all the agencies who participated is the EIS and ihould be
considered in any deehkw that the US Army Corps of Engineers, US EPA, US Fish & Wildlife
Service, US Department of Interior, Department of Surftce Mining Bid West Virginia DB>
make bawd on the EIS.
The Kentucky Waterways Alliance, Inc. (KWA) is a statewide nonprofit organization dedicated
to protecting and re^oriag Kentucky's waterways and their watersheds by building elective
alliances ffer their stewardship. We have many members who live in eastern Kentucky and care
about the streams in the Appalaehia region. Our inembers fish and eat fish from these streams,
swim, canoe and otherwise enjoy the beauty of these waters and reply upon them for drinking
water and other beneficial uses
General torn meats and oliservitioas
Over 30 studies were funded as a part of this court-settlement investigation into the impacts of
mountaintop mining and associated excess spoil disposal valley fills The studies in the EIS
demonstrated that mountaintop mining and valley fills have already caused extensive ecological
harm to Appalachta, destroying almost seven percent of forests in the region and burying or
damaginf! nearly i,200 miles of headwater strrarr,! Ironically, the studies also indicated that
placing tighter restrictions on the use of valley fills would have a negligible impact on the 1-5
economy. Yet with the proposing of the three alternatives you have chosen to completely ignore
the scientific and economic studies in your own reports and current Clean Water and Surface
Mining Laws to present a so called "status quo option" (that eliminates the smBBt stream buffer
zone rule), and two other options that would make these destructive and unnecessary practices
easier.
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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All three rf foirimtndationj contained in the BIS effort ere completely irresponsible »nd
illegal under the Clean Water Act. They will not protect oar steam or our Oxen ecosystems.
Equally alarming, they will not protect our communities and famUte*. They will act solve any of
the problems caused by mountaintop removal mining and valley fills. Instead, the governmental
agencies charged with enforcing the laws hive used the BIS process in develop a series ef rule
changes that will nsake it easief for coal companies to get permits for mountaintop removal
mining and valley fills.
The BIS disregtrds all scientific evidence and current Clean Water Act (CWA) add Surface
Mining {SMCRA) Isws in an attempt to justify and even encourage the practices of mountaiatop
mining and vaSky fills. The report rejects even considering specific restrictions OB the use of
valley fills based on size, cumulative impacts, types of streams, or the high value of the aquatic
resources in the region.
K.WA does not support any oftlKS iteee alternatives in the report, but believes that the status quo
(Alternative #1) is the least harmful to the natural resource! and people in Appalachia However,
even Alternative $1 contains significant changes to the Stream Buffer Zone rule that we believe
BmslMjeJinisnaSBd X24).
The buffer zone nil* applies only to "intermittent" and "perennial" streams, and not to
"ephemeral" streams. As those terms are defined fay SMCRA regulation, ephemeral streams are
streams, or portions of streams, that flow 'only in direct response to precipitation in the
immediate watershed." An "intermittent" stream is » stream, or stream portion, that 'obtains its
flowfromthesurticerunoffandgroundwaterdisckarge." "Perennial" streams are streams, or
stream portions, flat flow continuously during the calendar year. 30 C.F.R.. 705.5.
Protection of intermittent and perennial streams is required by SMCRA and. by the CWA.
Restricting negative stream impacts to ephemeral streams is economically achievable, helps
minimize damage to headwaters and downstream navigable waters and is in the public interest.
OSM should refrain from nilenjaking and enforce the SBZ rate as is legal under both the CWA
and SMRCA. This would twpsire the enforcement of the SBZ rule 724 miles at streams across tte Central Appalachian region were buried by valley Bits
between 1985 tod 2001;
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Section A - Organizations
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> twice that number &f stream miles are currently approved for destruction in existing
permits;
> an additional 1,200 miles of streams have already been impacted fay valley fills;
> selenium was found finjy. in those coalfield streams below valley fills (selenium is a
metalloid that, according to the EPA, "can be highly toxic to aquatic life even at
relatively low concentrations");
> amphibians and other aquatic life forms including fish in impacted areas and downstream
of valley fills are being harmed or Wed, changing the entire native species balance in
Appalachia;
> interior forest songbirds, native to the area decline significantly in mined and even
reclaimed mining areas;
> Streams in impacted watersheds have higher base flows and are subjected to higher
runoffrates during larger rainfall events. Both of these &cts contribute to the increased
frequency and severity of flooding in Appalachia and the loss of life and property in our
communities in recent years due to Mash flooding.
> without additional restrictions, a total of 2,200 squire miles of Appalachian forests (6.8
percent) would be eliminated by 2012 by large-scale mining operations;
^ without additional environmental restrictions, tnountaititop removal mining will destroy
an additional 600 square miles of land and 1000 miles of streams in the next decade
Clear and Common Regulatory Definitions
Under the guise of clear and common regulatory definitions the report again proposes a rale
change first proposed a year and a half ago which changed the definition of "fill" in order to
allow the Corps of Engineers to give permits for valley fills under the Clean Water Act.
(Proposed Role: Federal Register Doe. 99-940 Revisions to the Clean Water Act Regulatory
Definitions of Till Material" and "Discharge of Fill Material)
We oppose any effort to grant the Army Corps of Engineers the authority to issue permits fcr this
destmetive practice. We oppose any attempt to allow wsterbodies to be filled by a wide array of
wastes, including hard rock mining waste, industrial waste.
While unifying the EPA's and Army Corps' definitions of "fill material" makes sense, and the
elimination of the primary purpose test will resolve some ambiguity in the current regulatory
scheme, any common regulatory definition must adhere to the Clean Water Act and not permit
waters to be turned iBtp waste dumps - the very thing the Act was created to prevent, 30 years
ScteBrce Based Methods ftr Definition and Delineation ofStnain ChanHttristioi
and Impacts
The EIS calls for "science based methods for definition and delineation of stream characteristics
and imptets." This appears to support another recent ralemaking t© ehsn§e tlte definition of the
"Waters of the US" in order to "define" cntmia types of streams out of existence fcr the purposes
of regulation.
EPA received over 137,000 eoaafterts on the recent roiemtking attempt to redefine the "Waters
of the US" the vast majority of th» eoaitneats from citizens, envtronmBntal *nd conservation
groups as well as state agencies were against the redefinition that in Kentucky alone would
3-5
reduce Ihe number of stream miles regulated and protected under the CWA tarn ova 89,000 to
approximately 10,080,
Scientists and regulators know what a stream fa. We do not need and wilt dot support a
redefinition that will remove Clean Water Act protections of thirty years &om 40% or more of
this nations' and Kentucky's waterways.
The recent announcement that the EPA and Corps will not move forward with the re-definition
of As "waters of the US" is supported by KWA and most of the other 137,000 comments
submitted during the public comment period.
In the report of tire invitational symposium held to gather expert testimony on the value of
headwater streams included in the study, leading fish experts who hive many years of studying
the headwater streams in Appalachia declared that there fins no stream too small to be of
importance to native fish and other aquatic species. And the report concludes with the statement
that "THE SENTIMENT OF PROBABLY MOST OF THE FEOPLE IN TMS ROOM B THAT
THIS VALLEY FILLING IS A BAD IDEA, AND THAT THE WEIGHT OF THE
SCIENTIFIC EVIDENCE -- THE IMPACT YOU COULD DOCUMENT, ALTHOUGH IT
MIGHT BE A LOT OF PROBLEM TO DO IT - WOULD MAKE A STRONG CASE
AGAINST DOING IT AT ALL."
The report states that: "The geographic focus of thi» study involve! approximately 12 million
acres, encompassing most of eastern Kentucky, southern West Virginia, western Virginia, and
scattered areas of eastern Tennessee. The study area contains about 59,000 miles of streams.
Some of the streams flow all year, same flow part of the year, and some flow only briefly after a
rainstorm or snow melt. Most of the streams discussed in this EIS are considered headwater
streams. Headwater streams are generally important ecologically because they contain not only
diverse invertebrate assemblages, but some unique aquatic species. Headwater streams also
provide organic energy that is critical to fish and other aquatic species throughout an entire river.
Ecologically, the study area is valuable because of its rich plant K& and because it is a suitable
habitat for diwse poputetiora of migratory songbirds, mammals, and amphibians." There is no
doubt in the professional opinion of any of these experts that even the smallest streams are
indeed streams sad are indeed important to the ecology and bio-diversity of the region.
Irreversible and Irretrievable Commitment of Resources
(Chapter IV: Environmental Consequences)
This chapter makes it clear that the loss of over 700 miles of streams to this region between 1985
and 2001 and the currently permitted loss of twice that number of stream miles is permanent.
The irreversible and irretrievable loss of these entire aquatic ecosystem* must be considered.
Similarly the loss of valuable topsoil the removal of trees and destruction of entire forest
ecosystems must be considered in a mountaintop removal operation.
Water Quality Impacts of Mountain Mining/Vallty Fills (MTM/VF)
The EPA Water Chemistry Report found elewted concentrations of sulfate, total and dissolved
solids, conductivity, selenium and several other analytes in stream water at sampling stations
below mined/filled sites [Appendix D; USBPA, 2002b]. Other studies found elevated
concentrations of suKates, total and dissolved solids, conductivity, at well as other analytes in
surftce water downstream ftont MTM/VF sites.
en rtcycltj paper
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Bill Price, Sierra Club—Appalachian Region
Studies conducted as t part of this HS stow th»t atpatfc eommuside* cc: R3 Mountaintop@ EPA
Subject: Comments on EIS from Sierra Club-
Appalachian Regon
01/06/2004 03:03
PM
January 5th, 2004
Mr. John Forren
Environmental Protection Agency
1650 Arch St.
Philadelphia, PA 19103
Plfflse consida' the following comments on behalf of the Sierra Club
reprding the Draft Environment Impact Study (DEIS) released by the
E nvlronmental Protection Agency (E PA) on May 29th, 2003.
We are opposed to any changes that would weaken the laws and regulations
that protect the herit^e, environment, and communities of Central
Appalachla from the effects of mountalntop mining aid valley fills.
We believe that the data presented In the DEIS confirm that the
environmental harm cased by mountalntop removal and valley fill
operations
Is significant and likely to be Irreversible. For example, the data
show:
* Approximately 1200 miles of headwater streams "were directly Impacted*
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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by
mountalntop removal and valley fills betweai 1992 and 2002. From 1985
to
2001, valley fits covered an estimated 724 stream miles.
* N o scientific basis could be established for arriving at an
environmentally "acceptable" amount of stream loss and It is "difficult
If
not Impossible to reconstruct free flowing streams on or adjacent to
mined
sites,"
* Stream chemistry monitoring efforts showsipilflcant Increases In
conductivity, hardness, sutfate, and selenium concentrations downstream
of
mountaintop removal operations. Selenium Is hijsjily toxic to aquatic
life at
relatively low concentrations.
* There Is "no evidence that native hardwood forests ,.. will
eventually
recolonlze large mountalntop mine sites using current reclamation
methods."
* Large-scale surface coal mining " will result in the conversion of
large
portions of one of the most heavily forested areas of the country, also
considered one of the most biologcally diverse, to grassland habitat."
The Sierra Club is opposed to each of the alternatives evaluated in the
DEIS.
* Alternative # 1 - STATUS QUO
Under this alternative, the Army Corps of Engineers is responsible for
reviewing and granting or denying permits for new valley fills in
streams.
Under this option, the report recommends that the Office of Surface
Mining
do away with the stream buffer zone rule that prohibits mining activity
1-5
within 100 feet of streams. We are adamantly opposed to the elimination
of
the stream buffer rule.
* Alternative#2 - THE ADMINISTRATION'S PREFERRED OPTION
This alternative would create one permit application that coal companies
would submit to the Army Corps of E n^neers and the Office of Surface
Mining
(OSM). The two agencies would have a joint role In determining the size
and
location of valley fills. This alternative would dearly increase the
amount
of damage caused by this Irresponsible mining practice. It would
"clarify"
the stream buffer zone rule by saying that It does not apply to valley
fills. We are opposed to an interpretation of the stream buffer rule
that
would remove valley fills from the rule.
* Alternative # 3 - GIVES THE LEAD ROLE TO THE OSM
This alternative vjould gve the lead role In permitting valley fills to
the
Office of Surface Mining. The Army Corps of Engineers would step In only
if
they determined, after the surface mining apncies had granted a permit,
that a more detailed assessment of the proposed valley fill was needed.
It
also would do away with the buffer zone rule, Again, we are adamantly
opposed to the elimination of the stream buffer rule.
It Is significant that the DEIS does not even consider an alternative
involving new limits on valley fills. A preliminary draft, issued in
January 2001, analyzed alternatives that would significantly limit the
size
of mountalntop removal valley fills. The Preliminary Draft evaluated
four
options, including "no action" (essentially relying on existing law
pre-1998
to regulate mountalntop removal), a 0 to 75 acre limit (which would
allow
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Section A - Organizations
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fills primarily In ephemeral streams) aid a 75 to 250 acre limit (which
•would alow fills In intermittent streams). The fourth alternative
examined
a scenario with no acre cap but with other regulatory changes to reduce
the
effects of valley fills on the environment and communities. Without
additional restrictions, a total of 2,200 square mites of Appalachian
forests (6.8 parent) will be eliminated by 2012 by large-scale mining
operations. Without additional environmental restrictions, mountaintop
removal mining will destroy an additional 600 square mHes of land and
1000
miles of streams in the next decade. The citizens of the region deserve
a
full evaluation of ways to reduce the unacceptable Impacts of
mountaintop
removal mining.
Coalfield citizens and environmental supporters originally requested the
EIS
report in order to Identify ways to better protect our land, water and
people Indeed, the studies contained within this 5,000-page document
show
that the dainagp caused by mountaintop removal mining Is more widespread
and
severe than previously known. However the DEIS ipiores the evidence and
iastead focuses on Issues of "government efficiency" and the need to
"provide a basis for more predictable business and mine planning
decisions."
It ignores the real problems facing the region. It igiores the science
and
evidence about what mountaintop removal mining is doing to the
Appalachian
Regon. It ignores the public's desire for dean water, healthy
environment
and safe communities. It is a blueprint for the continued devastation of
our
homes and environment. The Sierra Club would only be able to support an
alternative that minimizes the severe Impacts of mountain top removal
mining. For these reasons, we oppose all three recommendations of the
Draft'
Environmental Impact Study. We urge the E PA to reevaluate a full range
of
options that will minimize the enormous environmental and economic
damage
causal by mountaintop removal mining and valley fills and issue a
Supplemental EIS.
BUI Price
Sierra Club
Appalachian Regon
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
-------
Andi Putman, A Lasting World
rage i at i
A tasting World (ALWl
P.O. BCK 1824
QyiU yak*, Illinois 60039-1824
January 2,2004
fcfir. John Foman
U.S. B»A S3ES30)
1860 Arch Sttest
Philadelphia, PA 19103
Dear Mr. fonvr.
We are tha CofbuiKtere of a grassroots arwironmantal ofganteafcm with ov«r 160 members wortdwide. Since oar
Inception iv» yeas ago, muoh of our hands-on environmental wo* has been dona in the torests and in the
mountains of the state of Kentucky: We have also sponsored several Earth Day events/colebraSons in that state.
We are giatetol to the K**K*fafis fbf *» Commonwealth (W=TC) «3rtti*ca«i*tei» support, fcrihelrlnoate^e
and expertise, and for meir shared vision io help keap Kentucky and the Earth healBiy and beauti ft.1! for ali of us.
We have spent a oonsiderabte amount of time studying and reviewing (he Environmental Impact Statement (SS)
on mounteintop removal and vafiey fiils. We have discussed the issue of mourttaintop removal with noted
snviranmentstets, wift mountain «sid«rtswt»» homeland is tetog (festrovwi orthrealawl, and wHi members
of the KFTC steeling committee. We have slso listened to srallov/ argurasnts from C031 company repreisentafives
who wouW like to have us believe that whs* we have seen witn our mm eyes is not reaBy the truth.
It is time for us to make kno^vn our posiScn en mot-ntsintop remouai and vartoy fills.
Mr. Foron, we. the members o( AI.W. ere strongly .opposed to mountainiop removal rninrna and vaBey fib.
We are opposed to any changes that would weaken the laws and regulations that protect clean water. In
particular, we oppose the proposal to change the sKeam buffer zone rule that prohibits mining activity within 1 00
feet of streams.
We do not support Alternatives 1 , 2 and 3 within the EIS report. As wo undeatEnd them, ASamative 1 wcniM
meannochangainmecU'TantpemiiMngsy^em, Alternative 2 vvouid have one permit application go to the Army
Coipt of En^neers and the ORJee of Surface Minirjg, which would have a |alnt rote in deft&mi&iingSje size and
bcafai of vaflssr flits, and Ateraatiw 3 vnM gwaflie ted note in petmfWng valley fffl* to the OHceofSuf&ce
Mining, Harm of »MB» opHoMnrili prefect o»r,«(ater or our een»miiass.
The BS report documents extensiws environmena damage caused by nwunteWep removal «ndvsasy«s
bot.vcon 1935 and 2001, and yat the current Bush, Administration ignores ttiese findings and continues to ignore
tia pubfte's demand for dean aat®f, tor a hr^Ktiy enwronment and for safe communities.
Wesubn* our comments to you fbrconsktesaffen etui revfew. WehopeourleiterwiHtielDmalceaditTsisnce
in ending mounteintoprenroval mining and valley Siisbefo.^ttie Appalachians and the peaptes'lia live tliorerffl
longer eSdst
—- Forwarded by David Rider/ R3/ USE PA/ US on 01/08/ 2004 01:40 PM -—
1-9
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Resp«cMtt>y submBed, , ,
Cofoundere
AUs«lngWWd(ALW)
cc: KerrtucKltnS fbr the Commonwealth (KFTC)
ALastlngWorid@ ao!
.com To:
cc:
01/02/2004 10:23
PM
R3 Mountaintopi1 EPA
Subject: Attention: John Forren
A Lasting World (ALW)
P.O. Box 1824
Crystal Lake. Illinois 600394824
January 2. 2004
Mr. John Forren
U.S.EPA(3ES30)
1650 Arch Street
Philadelphia PA 19103
Dear Mr. Forren:
We are the Cofountters of a grassroots environmental orgjnlzatlon with
over 160 members worldwide. Since our Inception two years ago, much of
our hands-on environmental work has been done in the forests and in the
mountains of the state of K entucky. We have also sponsored several
Earth Day events/celebrations In that state. We Ere gratrful to the
KentucklatB for the Commonwealth (KFTC) for thdr consistent support,
for their knowledge and expertise, and for their shared vision to help
keep K entucky and the E arth healthy and beautiful for all of us.
We have spent a considerable amount of time studying and reviewing the
Environmental Impact Statement (EIS) on mountatntop removal and valley
fills. We have discussed the Issue of mountalntop removal with noted
environmentalists, %lth mountain residents wlicse homeland Is being
destroyed or threatened, and with members of the KFTC steering
committee. We have also listened to shallow arguments from coal company
d^f, January 02,2004 America Online: ALastingWotM
MTM/VF Draft PEIS Public Comment Compendium
A-614
Section A - Organizations
-------
Cindy Rank, West Virginia Highlands Conservancy
representatives who would like to have is believe that what we have seen
vrfth our own eyes Is not really the truth.
It Is time for us to make known our position on mountaintop removal and
valley fills.
Mr. Forrert, we, the members of ALW, are strongly opposed to mountaintop
removal mining and valley fills.
We are opposed to any changes that would waken the laws and regulations
that protect clean water. In particular, we oppose the proposal to
change the stream buffer zone rule that prohibits mining activity within
100 feet of streams.
We do not support Alternatives 1,2 and 3 within the EIS report. As we
understand them, Alternative 1 would mean no change in the current
permitting system, Alternative 2 would have one permit application go to
the Army Corps of E nglneers and the Office of Surfxe Mining which
would twe a joint role In determining the size and location of valley
fills, and Alternative 3 would gve the lead role in permitting valley
fills to the Office of Surface Mining N one of these options will
protect our water or our communities.
The EIS report documents extensive environmental damage caused by
mountaintop removal and valley fills between 1985 and 2001, and yet the
current Bush Administration ignores these finding; and continues to
ignore the public's demand for dean water, for a healthy environment
and for safe communities.
We submit our comments to you for consideration and review. We hope our
later will help make a difference in ending mountaintop removal mining
and valley fills before the Appalachians and the people who live there
no longer exist.
Respectfully submitted,
And! Putman, LindaBartlett, Wai Marcec
Cofounders
A Lasting World (ALW)
oc: Kentuckiansfor the Commonwealth (KFTC)
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west
vfrglnte
highlands
conservancy
1M1UNOWOS6SS • P.OS»»i •
'REC'D
Attfu«4,2003
FROM: Cincry Rank
HC 71, Box 22?
RockC»ws,WV 26234
Phone & fax: (304) 924-S882
TO: John Foiwa
US E?A, Region HI
FAX: (215) 814-2783
John Porren;
Please consider this $ formal request for an extensiorrof the comment period relating to
the DRAFT PROGRAMMATIC ENVBOWffiNTAi MfACT STATEMENT on
MoaiMxiirtap RemoviJ MhdngrVilley Ms in AppalaeWa.
I vertally matte this request on behtlf of my local commjHJity group FOLK (Friend! of
the Little K«a.wta)« ** pttblie hairing in Charleston, WV on Jafr 24,2003,
Today I weald like to request a 90 4ay wttasion oa behalf of the Mmfag Committee of
the West Vij-glnk Highlands Consemaaey (» committee tint 1 chair). Digesting ft* sntire
HIS doeumau has proven so be an evert more daunting task than 1 had originally hoped it
would be
Thank you tbt whatever consideration you em «8br4 Ms tetpeit. Please notify me by
jnal, tetaphoM or f»x at say home tVi£UU/j _*»"""'2
£ to>**~>4f*~><&L>* A^^Jly1
^r *
Cindy
tf&tterig s
c m»ftii0ci««nt of
MTM/VF Draft PEIS Public Comment Compendium
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Donald Ratliff, Enterprise Mining Company, LLC
MINING COMPANY, I.LC
EIS PUBLIC HEARING STATEMENT
July 22,2803
Hazard, Kentucky
I would like to thank this Committee for the opportunity to submit
written comments concerning the Draft Programmatic Environmental
Impact Statement ENTERPRISE MINING COMPANY, LLC
represents over 1.5 million tons of coal mined in Eastern Kentucky,.
With regard to the proposed EIS, any changes to existing rules need
to be considerate of potential ramifications that htade the
mining industry's ability to continue to provide
the economical energy demanded by the American public.
Enterprise has demonstrated Itself as capable to mine coal
responsibly while providing lands suitable for a diverse range
of activities. Level lands suitable for facilities such as hospitals,
schools, shopping centers as well as farm and timber production
have been developed through mining in Kentucky.
ENTERPRISE MINING COMPANY, LLC Is concerned that any
new rules or regulations that may develop from this EIS will
drastically Inhibit future development of level lands in Eastern
Kentucky through mining.
For decades professional planners have declared the number one
problem that hinders economical development in (he Central
Appalachians to be the lack of level developable land. The mining
industry has helped in the past and can help in the future to create level
usable land ready for human development wimin our region. It is our
fear that any regulation that goes too far in curbing these currently
accepted practices of the past 20 + years will be detrimental to the
10-3-5
region in both the short and long run. In Kentucky we have built miles
of water lines into areas that everyone said, why build there? No one
will ever build anything there! They were wrong. Homes and
businesses have sprung up all along those miles of then lonely water
lines, just as development will occur on these man made level areas
created as a result of mining. Don't deprive us of future development
by eliminating the Incentive to develop these lands.
Coal Mining is already one of the most heavily regulated industries in
America. The regulation of mining does not need to be made more
cumbersome by multiple federal agency bureaucratic regulations. The
more overlapping and fee more attempts by federal agencies to entrench
themselves in job security by seizing dominance over the Office of
Surface Mining and the various state mine regulatory agencies
responsibilities is a travesty upon the American citizens who demand
energy at an economically reasonable price and the working people
who meet this demand. It father dismisses all the empirical
environmental progress made by our efforts to protect the environment
and create usable land in (he last 20 years. In short, a knee jerk
regulatory reaction to the BIS could be one huge step backwards.
Thank you for allowing our comments to be submitted.
ENTERPRISE MINING COMPANY, LLC and its miners are
proud to be part of this process and to be providing economical
energy to millions of Americans.
Respectively,
Donald L. Ratliff
Vice President of External Affairs
Enterprise Mining Company, LLC
117 Madison A venue Suite 2
Whttesburg, Kentucky 41858
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Robert Reid, Alabama Audubon Council, et al.
Via e-mail to: J
2616 Mountain Brook Pkwy.
Birmingham. Alabama 35223
January 5, 'KM
hnvironmentai Protection Agency. Region 3
IfiSi) Arch Street
Philadelphia. Pennsylvania
Gentlemen:
We write to supplement the comments on the Draft FIS for Mountaintop
Mining/Valley Fill submitted by some 2!) conservation agencies under date of December 30. 2003
("tile main comment letter"). We strongly urjc - and submit that it would be in the national interest —
that the present "preferred alternative*' be withdrawn and reissued for public comment and (i) that an
alternative containing environmental constraints lite thosa advocated in the main comment letter be
adopted and (ii) that ftHJmj all hut the smallest ditches and ones with no free-flowing streams be
strictly prohibited. We urge that asy other alternative would he arbitrary and capricious and in
violation of law, a position that the Administration should strongly avoid. We urge particularly:
(1) Great nioffvcrsiEy of Moimtaintop »d Ridjelinc foceos -- The treat
biodiversity of the forests of the Southern Appalachians and Cumberland Plateau has ten strewed in
the main comment letter. These include sensitive bird species documented by the scientists working
for Piiruiets-in-Hight, the consortium of government agencies like the Hsh & Wildlife Service and
U.K. Furest Service and nongovernmental organisations. as well as salamanders. Frogs ittid other
amphibians (which are important enough even "to make" a recent issue ol' U.S. postage stamps). The
birds include neotropical migrant), such as the Wood Thrush, Kentucky Warbler, Ovenbird. Acadian
flycatcher and others, many of which have lost 5$% of their population over the latst 3ft years.
Further, this area is the world cetttcr for salamanders, very sensitive species of which theie are. more
species here than anyplace else in the world!
One of the neotropical migrants is the Cerulean Warble, one of the most beautiful little
birds on the planet. The adverse impacts on it of this mouniainlop mining is documented by the
studies reported in the main comment tetter. But, please just note that this mining wiJl adversely
impact 3XO.WH) acres of its mountaio/rtdge habitat. Scientific iHtintttftS are that, over ten years, there
will be a loss of over 1 35.0IX) Mrtis, which could wdl be more than (his speck's can absorb..
Consequently, it is essential that environmental constraints be included in the alternative that is
adopted.
(2! Great Biodiversity of Riverine forests - These are one of the most productive.
yet declining, habitats oa earth. This is true lor birds, mammals, tlsb and amphibians as well as trees
and other pbntlife. In tact, these are part of what was known, when the country was settled, as the
Great liastcrn Deciduous 1'oresi. It should be unthinkable to destroy the riwrinc part of them by just
dumping mining overburden on them! We astasd at a meeting it" the mining companies could not truck
out the overburden spoil somewhere else and were advised that they opined. "That would be too
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expensive." If H a tet> expgt^w tfi avoid destroying riverine forests, then il should *»lwiou&ly be too
expensive to carry out the project!
(3) lack af CQSt-Hffcctivcats - Destroying riverine forests is not cost-effective
for many masons. Among them, assimilation of wastes, recharge of grotwdwater, protection of
biodiversity and protection of all types of natural resources (see above}. It would cost government
emities (and private orgimi/ations) mud! more to restore these resources - and over a substantial time
-- than amid be gained from destroying them. Consequently, if the mining overburden spoil cannot be
uiken elsewhere, the mining project should not be carried out.
Reference has been made aftove and in the main comment letter to the adverse Impacts
on sensitive species. The Cerulean Warbler, for example, is under consideration for listing under the
Endangered Species ACL it takes government (as well as private emities) much expense and much
time to attempt to recover a species once its numbers have declined so that it is threatened or
endangered. Consequently, it is not cost-effective to conduct any activities that would place them in
that condition.
Consideration should also be given to destruction of scenic vistas and lost natural
recreational activities from mnuntaintop mining and destroyed water resources. Those represent lost
recreational a'sources and tourist revenues that are costs that should also be taken into consideration.
(4) Violation of Administrative Procedures .Act C'APA'V Mxlerat agencies arc
constrained by the APA (51'SC 701 et m-1 notI" a*>P' »nv actions itat»(i) arbitrary, (ii)
capricious, (iii) an abuse of discretion, or (iv) otherwise not in accordance with law, in this ease, the
National Hnvironmental Policy Act ("NKI'A"), The agency cannot under law. morely disregard
environmental factors. That would be a violation of NliPA ind Al'A. Applied to this case, an action
not giving adequate consideration to the factors referred to in (1) through (3) above and in the main
comment letter, particularly since they have been documented by scientific studies or are tacts of
fefteral knowledge, would be unlawful,
Al'A applies to all forms of government action, environmental as well as otherwise.
Motor Vehicle Mtes. Asto. v. Slate l^tm Mutual Auto IBS. Co.. 463 U.S. 29 at 43.77 M-:d.2d 442 at
458 (U.S. Supreme Court. 1983) (holding reeision of regulation requiring passive- restraints in
automobiles was arbitrary and capricious); Audalwn Society, of Central Arkansas v. Pailev. 977 F.2d
428 (8th Cir, 1982) (arbitrary ai»
-------
Viiginia Reynolds, Tennessee Ornithological Society, et al.
referring to the CEQ Regs, 40 C1:R 1502, that it is arbitrary for an agency to limit its consideration of
alternatives, the court lie-id that artificially narrowing his alternative options was "antithetical to
reasoned decisianraaking and cannot he upheld, citing State Farm." Then, in the Arkansas case, it was
held that, while the agency must take a "hard look" at the facts, it must lake action on what that "hard
took" showed and not "ignore what it saw." It is instructive that in Canyon Preservation, the Court,
through now Mr. Justice Kennedy writing for the Ninth Circuit, held in a highway case that a two-lane
road must be evaluated. That would translate to a different type of mountaintop milting as applied
here, i.e. one with environmental constraints.
It appears that here the lead agency is heing directed to limit its consideration of
alternatives and would not he taking an action based on the known and established facts, i.e. would he
ignoring what the required "hard look" shows. That is a violation of APA as well as NEPA and it
would appear should also he a violation on the part of the officials directing that violation. We do not
believe that is an action the Administration would intend be taken, especially at times like these. And,
further, in times like those with the present budgetary deficits, it would appear the government should
avoid all actions that are not cost-effective. For that reason, these comments are being sent to the
OMB.
For the above reasons, these comments arc submitted in behalf of the Alabama
Audtrbon Council, Alabama Environmental Council and Alabama Ornithological Society, which have
an aggregate of over 10,()00 members in Alabama and surrounding states. Each of those organizations
is strongly concerned over protection of all of our natural resources, and, for the same reasons, these
comments are concurred in by the undersigned as an interested citizen and taxpayer. Your consider-
ation will be greatly appreciated.
Sincerely yours,
1st Robert R. Reid, Jr.
Robert R. Reid, Jr., for himself and
the above three organizations
ec: Director, Office of Management and Budget
Commenting organizations
4-2
U-S.H>A<3EA30)
1650 Areh Street
Philadelphia, PA 19103
monntrintop.i3@epa.fov
—January 5,2004
Subject: Draft Prograoimatic Enviromr.tntal Impact S(atoi:ent on Mountain Top
Mining/Valley MB (MTMWF) in the Appalachian region at «h* eastern United
State.
DMT Mr. Porno,
We write on behalf of the undersigned groups, representing thousands of citizens across
Tennessee and Kentucky who a» concerned about tte harmful impacts that tnountaintop
mining/valley fill lias oa aquatic and terrestrial wildlife habitat- We feel that the
alternatives presented in the Draft Programmatic Environmental Impact Statement are
inadequate to address these impacts trad that pertinent information was not considered in
to require a new draft HS and tte a moratorium oa new mountaintop mining permits be
imposed until a find BIS is adopted with an environmentally acceptable alternative.
The HIS Fails to address MTM/VF impacts SB High Priority Forest Bird Species.
Figures from tte draft HS project that an additional 380,000 acres of forest will be lost
tram file study area in the next 10 yeat. This number is toed on fie numbers of acre* of
forest that were lost between 1992 and £902 from permitted rnomitaintop mining
activities. We fed that this will cause an unacceptable Ion of habitat required by the
entire suit® of mature toieut binfa of Mga conservation comcera. The Cerulean Warbler,
Louisiana Waterthrash, Worm-eating W»Mer, Kentucky Warbter, Wood Thrush,
Yettow-tinoated Vireo, Acadian Flycatcher are all at or nearly at their maximum
breeding density within tte study area (USGS 2003). They are all lifted as priority
qjecjes by Partner* in Bight and all tn also classified a* Birds of Conservation Concern
by H» V. S. Rsh and WBdJife Service (USFWS 2002) within Om Appalachian BW
Conservation Region, which overtops the area considered im the draft HS. We consider
this level of habitat loss, to one of the Most heavily forested awas to the coamtiy to be
unacceptable, and especially so for the Camleai Warbler, the fon»t species of highest
concern in thi» area. Hgrases presented in tt» teft Northeast Partnets-in-Hlght letter
(NEPfF 2003, attached witt. penmssioji) indicate fliflt habitat for roughly 9% of the
world's ceruieaas was lost to permitted mining activities between 1992 and 2)02 and
another 9% is projected to be lost between 20C8 and 2012. We find this level of habitat
loss for Cernteam Warblers and other terrestrial bud species to be anacceptgble and we
are disappointed that the draft HS does not address this extremely important and
significant environmental impact.
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The Cerulean Warbler is tte bW species we are most eoncerned wi«fc because it has
suffered drastic popalatioa felines over the last several decades and more taan any bW
speeaes in the sttidy area, their isesttag habitat wjfl be the iiapae&ed by mous^intop
tcMug/ vaBey fiB »caviaes. Not only do Cerulean WarMers prefer to nest on rMgetops,
on Mfisic slopes and in cow foreits at fl»e head of valley steam* {Roambwg at at 2000)
but the core of its breeding range coincides very elosely with the HS stady area (USOS
2003, Rosenberg et al. 2000). This species has been petitioned for listing under ths
Ecdangered Spedes Act and j» also oa fl» USFWS* National list of Bird* of
Conservafion Coaean (USFWS 2002).
Recent reseweh jadleited. 4at the average detstitf of C«al«n Warblers territories in
intact forest near mined areas in West VirgMa was 0.46 pairs/hectare (ha) (WeafcJand
and Wood 2002). tf flns density estimate is aceoraJe for the •ato study area, then habitat
for over 100,000 Cerulean Warblej* was lost in te last 10 years aad 4at number fa
pi-ejected to be lost is the next 10. IB addition, this estimate does not include population
lots from the reduced breeding deasiliM in forest fragmented by mining and to finest
adjicent to rained atos that Brs. Weaktand and Wood found. This further increases toe
impact on the breed! ng population. We feel that this represents an unacceptable loss to a
species whose population is roa^biy half or test ftaa it was in the 1960s. We also feel
flat the omission of D». WeaMand and Wood's Cerulean Warbler research from this
draft HS, when we know that it was made available to those involved in its development,
to be sofficient to trigger a revision of tfie docwBettt
The DEIS fmls to address Executive Order 1318(i
Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds,
January 10,2001, is specifically applicable in Tennessee because the agency issuing
mining permits is the Office of Surface Mining. This Executive Order instructs federal
agencies to integrate bird conservation principles and practices into agency activities and
to avoid or minimize adverse impacts en nu'gratory bird resources when conducting
agency actions. Federal agencies (we to "identify where unintentional take reasonably
attributable to ajjeaey actions is having, or is likely to haw, a measurable negative effect
on migratory bird populations, focusing first on specie* of conceM, priority habitats, and
key risk factors. With respect to those actions so' identified, the agency shall develop and
use principles, standards, &&d practices &at will lessen the amount of unintentional take,
developing any such conservation efforts in cooperation with the Service. The agency
also shall inventory and monitor bird habitat and populations within the agency's
capabilities and authorities to the extent feasible to facilitate decisions about the need for,
and effectiveness of, conservation efforts."
The bird species most directly impacted by mountmntop mining: Cerulean Warbler,
Louisiana Watetthnua, Worm-eating Warbler, Kentucky Warbler, Wood Thrush,
Yellow-throated Vireo, Acadian Flycatcher, a» all listed as Birds of ConservatiQa
Concern by Ae U. S. Fish and WBdife Service (USFWS 2002) within the Appalachian
Bird Conservation Region. These are specifically the species that this Executive Order
8-2-5
8-2-1
was Issued to protect Tie list of Birds of Coaservatea Concern was mandated by
Congress radcr ttffi araendmeabi to to Fish and Wildlife CaaseTOttoft Act and denotes
species that w ithout additional cocserv-alion actions an likely to become candidates for
lisfiag under tte adaogewd Species Aet We consider dw draft HS to be incomplete
without addressing Executive Oder 13186 and the impacts of aionaafatop mining
stria! <
rite.
ctivemitjgatio
While the draft HS reports on studies that have shown that a post mining change of
habitat can provide habitat tat dedlninf grassland species, we find it inappropriate to
consider replacing forest habitat with grassland habitat "Rare" eastern grassland species
are rare because their habitat is historically rare in tiis region. Recover^'and habitot
restoration efforts for these species should be targeted towards ecosystems and
landscapes where they occurred historically, not on eastern mountaintops that currently
support high quality forest habitats.
The only mitigation offered is the draft HS for the destruction of large ana: of
hardwood forest habitat fey sriaJag operations is a suggestion that the miae sites could be
reforested after oblations cease. While recent research indicates that some .forest species
may be reestablished on reclaimed mine sites (Holl ft al. 2001), we agree with statements
in the draft HS that tiese investigations have ouly reccndy begun and "that it would be
premature to attempt to evaluate the success of these efforts at this time". Furthermore,
the draft HS concedes that "at post-mined sites will likely lack the requirements of slope,
aspect and soil moisture needed for cove-hsudwood Const communities, it is unlikely that
these |mrtiealar eoaiiBSaities can be re-established through reclamation*'. Surface mining
completely removes ti*B topsoU, seed sa«ree sad root stool; of the forest communities on
the site and tie re-contoured pott mining fill material will be substantially different
hydrologically than the original ridge or mountain top. Convincing evidence that a
hardwoodforest.esseutially the same as the one removed d\mng mining, can be
reestablished in a reasonable amount of time, needs to be presented before (Ms method
em be offend as miti gati on for the lost of h ur.dreds of thousands of acres of bi ologically
diverse hardwood forest habitat
DEIS projections may underestimated forest IMS
The draft HS does not take into consideration the ajitidpated increase in future demand
for Appalachian coal in the study area due to die planned construction of flue gits
desulfurizac'on units (scrubbers) at some of the existing coal-fired generating plants
owned by the Tennessee Valley Authority (TVA 2002) and otter electric nttlittes in tie
region. This Increase in tainiag activity has already began in Tennessee. The draft ESS
projects that Tennessee wifi issue permits causing die loss of 9,154 acres of forest
between JCXB and 2012 teed on permits issued between 1992 and 2002. However,
between December 2002 and October 2QG3, over 5,000 aen» of surface mining permitt
have already been approved (SiddeB 2003). This potential underestimate of future miming
impacts is substantial and needs to be investigated and incorporated in (be analysis of
cumulative impacts in a revised draft SS.
8-2-1
7-3-3
7-5-2
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Section A - Organizations
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DEIS fails to provide adequate alternatfrcs to avoid environmental impacts
We feel that the three alternative proscntiKi in fte draft EIS arc inadequate to reduce the
impacts of mountai ntop mining. The U.S. HA and Wil dlife Service apparently supports
Uiis view. In an interageney mama (tSFWS 9QIMH), fts FWS w«ms that pabfioioa of
the draft HS as written, "will further damage the credibility of lie agencies involved." It
states that die proposed actions offer "only meager environmental benefits" and criticizes
the draft KIS for not considering "at least one alternative to restrict, or otherwise
constrain, most valley fib to ephemeral stream reacbes...As we have stated repeatedly, it
is the service's position that tte three'action'dtemaaves, as correritly written, cannot be
itttcrpretcd as eniiiring any improved envirormental protection...let alone protection that
caa be ing on aquatic and terrestria! communities.
This moratorium should continue until a find HS It adopted with an environmentally
acceptable alternative.
We appreciate the opportunity to comment on this Draft Environmental Impact
Statement TMs letter is bt&ig subrMttB4 via emsii, A p^>@r version will follow.
Respectfully submitted,
Virginia Reynolds
President
T«naessee Offlitholofieil Society
4341 Waymar Drive
MempM«,TN 38117
(SOI) 7674547
1-5
4-2
*, M0
Wsrioto Chapter of National Aaduoon Society
2575 Cwrigan Road
a«toville,TN370«
(581) 362-30®
Hap Chambers
PresMent
Kenwdty Omiihologtcal Society
33 WBdwood Drive
Mamy.KY 42071
(207)293-5828
Conservation
Cumbettasd Chapter - Sierra Chb
580GarderDil«
LoBisvflle,KY 40206
(502)897-0040
Gary Bower
CornervwBoB. Chair
TN Chapter - Sierra dub
AnSoeIi,TN 37013
615-366-4738
References:
Executive Older 13186. Jtanury 10, 2001. Responsibilities of Federal Ajendes to Protect
MgBttoiy Bird*. (AB«*ed)
Hott, K. D., C. E Zipper and J. A. Burger. 2001. tsowety of a^Jve ftmt E
after minlmg. Virpria Coopenttiw iawsten Pnbl. 460-140, [Oaliae vetsioa available at
http://g»wJ«tvtedii/iittt^aiise8/4«>.I«46(M40.1»t««l. A'«W of Ail paper w«» Mot
to Mr. Fotrea, Jaauaiy »»*, wife the comments pnspswl by tte AmerioM BW
C««a»ervaiicy Poioy ComidlJ
Northeast Woridag Owup rfftrta«« to tft&t. Steering Cononittse. April 20(B. Draft
Cemmeirt* for tte HS no Moanlaiatop R«noval Mtaini/Valley RB> toft HS.
(Attached)
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A-620
Section A - Organizations
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Eoseubeti, K, V., S. E Barker, . A copy of
this report was seat to Mf. Fonen, January W04, wiSiflje comments prepared by a»
Americas Bird Conservancy Policy CotmeiL]
SMdeli D. XXB. Recent Tennessee Permits. Supervisor, Technical Group, Office of
Surface Mining, Kawwille, TN email eemnBHiieatiaa I 1/04/03 [A copy of tMs memo
was sent to M& Fonen, January 2004, wia tte tMBnflcnts prepared by lie American Bird
Conservancy PoEcy Coaacil.]
Tennessee Valley Authority. 2002. Brades Mountain surface tttiBs; Campbell and Scott
Counties, Tennessee. Teamssee Valley Authority, Knoxvilte. [A copy of UBS paper was
seat to Mr. Forren, January 2004, with te comments prepared by the American Bird
Conservancy Policy Council.]
U.S. Fhh WiUlifo Service. 2002, Birfs rf otB^wiflai concern 2002. DivMoa of
Migrator)' Bird Management, Arlington. Virginia. 99pp. [Online version available at
. A copy ef this paper wa» «mt to
Mr. Forren, January' 2ffM, with Its comments prepared by die American Bird
Coaservaaey Polcy Council.]
VS. HA Wildlife Service. 9/20/82. Qmtaxts on Draft MTMAT HS of Ch^fter IV
(Alternatives). [A copy of itts jn«no was «ent to Mr. Forren, January 2004, wtth the
oominents prepared by to American Bird Conservancy Policy Council.]
USQS. 2003. Tfe» Ncalh Ameriran BreediBg Bird Samy Results and Aoaljnia, 1966 -
2002. . Relative afeundanja mapi. [See
Figure 1 in comments sent to Mr. Forren, January 2004, fay the American Bird
Ctmsenaacy Policy Council]
We»U»d, C A. and P. B. Wood. 2002. Cerulean Warbter (Dentoioa caulea)
EMCMhw Order 131W
Presidential D«3cuinenB
j« o s;
relation to momtfaiiitop njining/vaBey fifls. Fmal Project Report sttteritted to USGS
Biological Resources Division, Species-At-Risk Program. [Available online at
http://ww» Jareatrv.caf.i03».edB/pggodft>tA copy of this paper wa seat to Mr. Foma.
JaBjary 2004, with the eammaOt ptepmA by the American Bird Coaservaney Policy
Council.]
Blccuti-vcOrdjr 13186 -Responsibilities of Fecfera] Agencies To Protect Migrator}' Birds
latway 10, 2001
By be authority vetted in me as President by the Constitution aid the taws of (he United States
of America, and in furtheraiice of rtc purposes of the niigi7.!orv- bird conventions, the Migratory
Bbd T«ay Act (MS V AC 'M9-71 1), B» Wd and Golden Itgte Roleciioa Acb (16 U.S.C.
668-668d), te Hsh and Wildlife Coordiration Act (16 U.S.C 661-«6c), the Endangered Species
Act of 1973 (1« U£,C. 133 WS44), ft* Na*»nl Bjviroauwttal Wiey Act of 1969 (42 V£.C.
432 1-4M7), and other perfiittnt statutes. It is hereby ordered as follows:
1. 1%34ley. Minatory Wrds are of greMecelo^fialaadeco®OErie valaetotMs
to ouscrcxxmrries. They ccoi tribute to biological diversity and bring trcmendons enjoyment to
millions of Americans who study, watch, teed, or hunt these (Ms throughout the United States
andofiiercoiffitties. The United Sfiasss has lecogaized file erMealis^Qrtaiieeaf this shai%d
resource by ratifying intematioaal, bilateral conventions for tlic conservation of migratory birds.
Such conventions irx;l ude the Convention foe te Protection of Migratory Birds with Great Britain
on behaif of Canada 1916, the Convention for the Protection of Migratory Binds and Game
Mammals-Mexico 1936, the Convention for the Protection of Birds and Their Environment-Japm
1972, and te Cont«J(ioB for the CawemBon of Migratory Biidj and Ihrir &iviror«ent-Union
of Soviet Socialist Republics 1978.
These migratory bird conventions impose svibstantivc obligations on the Umted States for tl-.e
ccmscrvati™ of rmgratory birds and their ha bi rats, and through the Mgratory Bird Treaty Act (Act),
the United Slates has implemented these migratory bird conventions with jespcct to the United
SUtca. This Executive Orrier du-ecte Execiitive departmcDts and agencies to take certain actions
to further implement tlic Act. Sec. Z Definitions. For purposes of this Order.
(a) Take" meanauskc as cfefined in 50 C.F.R. 10.12, and includes both vintcntio«il* and
"unintentional" take.
(b) "Intentional take" meara tske that is tire purpose of the activity in question.
(c) "Ooiateitional tutee* meam take that Hssute fiom, tot is not the purpose of, the acBvity in
question.
(e) "Mgntory bird resources" means rai^sfflwy MuSa and flietaMtaU upon wttehtey depend.
(0 "Migratory bird convention" netw, collectively, the bilateral conventions (with Great
BittaWCiBada, Meideo, ftpan, and 8»da) for the conservafctt of Btgnaory bird ttsoarces.
(g) "Federal agency" means an Bxecutive department or agency, but does not include
imfependmt cstablislirnents as defined by 5 U.S.C. 104
(h) *AaiOM" ttasam a pe^arfl, aefivity, project, official {olicy (swh as a rfe or regutetton), or
{ otmal |*m dtoctly carried oat by a Rderal a^ney. ^* federal agency will further
-------
the term "acttem" metr^ with respect 10 its own auttsoiite and what programs shoaM be tacltidisd
id the ag&ney-specific Memoranda of GaderstaiKliHg leqttodby fjjjjt C&Ser* Aetkwe delegated $&
or ;«sumed by nonfcderal entities, or carried out by nonfcifera! eiiti lies with Federal assistance,
are not subject to this Order, Such actions, however, continue to be subject (o the Migratory Bird
Treaty Act
(I) "Species of concern" refers to those species listed In (he petto*: report "Migratory Nongame
Birdi of Management Coneera to the United Slates,* priority ml pmtory UK! spedes as
documented by established ptons (such as Bird Conservation Regions in te North American BW
Conservation Intttatlve or Rrtwrs in Flight pbysiepapjfe areas), «rf *a* «peci« listed in 50
CKR. 17,11.
Sec. 3. Federal Agency ItopowibiiMes. (a) Each Rrferal agoncy taMng aea'oBS ttat have, at are
litolytolaw, amewuaMene^avetaeaoniiilsataiy HrtpqMla&»ii««»xed todwcflap
md usplement, within 2 yeata, a IV^momt^ltim cf Ui^jerstaii^ng (MOU) vrith &e Hsh and Wildlife
Sen-ice (Service) tri;it shall promote the conscrv-ari on of migratory bird popu!atiOT,s.
tocols may be incorporated into enisling actions; however, the MOD
shall reec^HJEe fiiat (he agetcy may not be at)!e so iaipl^^st some d«M^t8 of fiie JtC*0 ostfl
sucji fii&d as to ag^idoy has stJcewsfiiily iaduded Ibe^ is tsac^i agency's foma! Claiming
processes (such « revision of agency land management plans, lioid we compari bili ty gui delines,
iniegrated re^oiirce ni!U!agcu>er.t plans, and fishery nanagcmcBt plans), includitig public
pirticiparion and NEPA analysis, at appropriate. 'Iliis Order and the MOUs to be developed by
the agendcs are intended to teiinplemcnted when ucv; actions CT renewal of contracts, permits,
detegfttbds, ex ofeer thiid party a^^mei^s ate i^gated m well as during fte tai datkia of iiew, cs-
revisiom t
(d) Bach MOO ahaii teiude m ekvaticm i^oce^ toi^sdve atiy dispute between tfae si
agencies regafduig a paitiei^ar ptaodce or activity.
(e) Pursuant to its MOU, each agency shall, to the extent [XOTlitted by law and subject to the
avaiiaHii^ cC appropiations and within Administration budgetary iinil^, and in harmony wi&
agency misdoas:
(1) support thsa-,nser\'atiO!i intent of the migratory bint convcnuons by intsgrcting bird
conservati^ priirci|ies, measw)^, and practices into agency activities am! by avoiding or
minimizing, to the extent practicable, adverse impacts on migratory bird resources when
cooductisg agency actions;
(2) restore and enhance Hie habitat of migratory birds, as practicable;
(3) prevent or abate the rxillution or detrimental alteration of the Euviroiirnent for tlister.cfit of
migratory birds, as practicable;
(4) design migratory bird habitat and [wpularton conservation principles, measures, and practices,
into agemy plans and piaimiitg processes (natural resource, isod raaMpment, a&d
environmental quality planning, inchding, but not limited to, forest and rragejnd planning,
coastal management planning, watershed planning, etc.) as practicable, and coordinate with
other agencies and ncnfederal partners in planning efforts;
(5) within establi shed authorities aad in conjunction with trie sdoptioD, amendment, or revision of
agency management plans and guidance, ensure that agency plai:s and actions promote
programs and recommendations of comprehensive migratory bird planning efforts such as
Partsea-ia-Hi^it, O.S. Nattorf ShotebW Baa, Ncrth Anwrtcaa Watrafowl !*uafe«r»(it Haa,
Nonh .American Colonial Watcrbird Plan, and otier planning efforts, as wcil as guidance from
o*er ioarces, toetadiag the ftood «nd Agrioitmri Orgsntaifflfs teteraatioral Hart of Actiott for
Rediicing Incidental Catch of Scabirds in Longline Hsheries;
(61 ensure frat enviroarnental analyses of ftderal actions required by the NEPA or other
esfcMished enviroaiwital review processes evaluate te effects rf aetfaas and agency plans on
migratory birds, with emphasis on species of concern;
(7) provide tK)tic« to the Scrvio: in advance of conducung ait action tlta is intetidcd to take
migratcry bitds, or anmially report to the Service on Uie number of individuals of each species of
migratory birds inteatiortaily eal^i during tf» conduct of any agency action, indtidiHgbutriOt
rfmrkiiig, scientific colieoting, taidd^rmy, a
$) urirdniize the IrieistioiraJ take of species of concern byt0)4etiaeati^ standards asd
procedures for such take; and 01) developing procedures for the review and evaluation of take
actions. With respect to intentional take, tilt MOU shall be consistent with the appropriitte
sections of 3D CKR. pat* 10, 21, and 22;
(9) idettttfy wfaere wfis&entfKsmi tice reasonably atHbtittUe to ageocy actkms is having, or is
likely to have, a measurable K=«an\-e effect on migratory bird populations, foctising first on
species of concern, priority baMtats, aini Icey riskfaetcrs. Wittt respect to those actions so
idontifted, tte agency shall develop arid use principies, standards, and practices that will lessen
te amount of unintentional take, developing any such conservation efforts in cooperation with
me Service. 'lTie.se principles, standards, and practices shall be regularly evaluated and revised
to ensure that they aie effective in lessening the detrimental effect of agiMicy actions on
migratory bird populations. The agency also stall inventory and monitor bird habitat and
populations wilhi n tlK agency's capaljilities and authori ties to the extent feasible to faciUtate
decisions about the seed for, and effectiveness of, conservation efforts;
(10) within te scope of its siatutorily-dedgmted authorities, control the import, export, and
establishment in the wild of live exoUc animals and plants toil may be harinf t.1 to niigratory bird
(11) promote research and information exchange related to meconsen'aiion of migratory-bird
rcscHirces. including raordinatcdinventort-ingaiid monitoring a;idtl« collection and nrse rf agency aclioro or supr»rted through Federal financial assistance, reasonable efforts
shall l« made to sliarc such infonnationwitti the Service, the Biologicju Resources Division of the
U.S. Cieological Survey, tod otter appropriate repositories of such data (e.g. the Cornell
Laboratory of Ornithology);
(12) pmjvide training snd information to appropriate empioyecs on methods and means of
avoiding OT mininlizing the take of migratory birds arid consetving and restoring migratory-bird
habitat;
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(13) promote minatory bird WBMrwfiort ia iatenjsfiona! aofivBe« and witti ofcr cotattte mil
iaternatteDil putaoi, in coasata&a with tie Department of Sate, m appropriate or relevant to
(14) recogaze and promote econoffiie and reeresfonal values of birds, • appropriate; and
05 develop partnerships with noa-fedtral enfitie» to furfcer Kid ooMewaaoa.
(fj , Volwitlislaiuiing the rtquirc.n!er.ltofinaU7,e an MOU within 2 yea! s.tach agency is
enojuraged to immedialsly begin iraplfiizndfig the conservaOonmeasores set forlli above in
subparjgrapte (1) through (15) of this section, as appreciate and piacticabie.
(g) Each ngraey ihaB advise the publfc of At availability of its MOU (bough a twice pat&tei to
fa Federal Register.
Sec-4. Council for tlic Conservation cf Migratory Birds, (a) The Secreary of Interior steil
establish an tatsrageaey CoaatSI f« 4e Coawratoa of Mlp»»My Hnh (OaaeJl) towerseeie
implcmtntationof this Oder. The Council's duties shall include the following: (1) sharing Ihc
latest reioirrce iufonmtioii to assist in the conservation and management of migratory birds; (2)
developing m ansuM nepc»t cC ac£omplis&f&ei*& snd i%comme^ck6dns f«laled to giis Oi^; 0}
fostering pvUfr^rahirB to further the ^1; of this Order, and (4) sclectuig an annual recipier,! of a
rvesidetfflal Mi gratoyBirilMsralStew-ardsriip Award for cotitribtirions to tJie protection of
mlgfitory blRis.
(b) The Council shall include representation, at the bureau divcctoi/adiaioistoitor level, from the.
Depdtm««t> of the Interior, Stiie, COBBBM«, Agierfwe, Tansponaticn, Bwgy, Drf««, and
the Eavifoomeatal Pitc^ecicn
Sec, 5. Applican\m and JudidiJ Review, (a) Tliis Order and tie MOU to be developed by the
ageacieg (!b not reclaim it>-tri the. study area suggest a
siM^ve asd ^ens^eot impact witMit file 0S stmly area o® the entire smte of priority ffistttre
foreit birds (e.g,, CerrteM Wirisler, Lfflisiwa WatsrflmiA, Worm-eslteg Warbler, Ka»(*y
W^te, Wood Thrush, Yetlow-lteoted Vteo, AcadiM Hycafcte) diie to the esfimtted fowl
loss of approrjmateiy 7611,000 aaes from issued and ftirure permits during the 20-year peri >3d of
1992 to 2012. Total cumulative forest loss from all mining activities, including permitted
«tivWespriOTtol9°i,ise!tiMited*llJ*offtewailfofe«<»vetiafi»ElS«iidy«ea. We
consider this level of habitat loss to constitute a significant negati ve impact for the entire mature
forest suite of birds, and especially for the Cerulean Warbler, the forest species of highest
concern in this area. The cumulative impacts from issued and proposed future mounlaintop
mine/ valley fill permits during this period appear likely to eliminate breeding habitat for 10%-
20% (oar estimate is 17%) of tie global pophaon of CenJleM W«rtJer>. TM« level of habitat
loss is unacceptable for a species that hss experienced steep population decli nes over the last 30
yaaiffld is feting o&wm^w threats. Rafteraote, researck wiJhla fl» HS study area shows
that densities of Cerulean Warblers are reduced ia isolated forest pslches left by mining and near
rnine edges, indicating an eveii greater impact beyond the direct habita! loss from mining
activities. AccoitfagtoOTMfdosMenMQajflai^iiSidtBdbi*
prioritywithintheeSstedy area, and the creation of artificial habitats that may be suitable for
shrub nesting spedcs does not justify removing and fragmenting extensive mature forest areas
and reftatag &«« wi* poor quality, eafly-mewaiaiBil tobitats. W» wc«aage every effort to
im'mrmze the removal and fragtneulation of existing matiire forest habitat in the EIS sttidy area.
Siacerdy,
Steering Committee
Northeast WorHag Qroap of Putters in Flight
To submit questions and comments about CEQ NEPAaet,
please use the NKPAnet Feedbcck System.
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Nortnaiit Partners to Flight comments for moMtaiBtop mtotaf BIS 2
Northeast Partners in Flight comments for mounbiiutop mining SS 3
Inytacts qf Mining Ajft^te an Mams Fewst Bifdi. The mouatatatop reajwal
fiBtag pescto»s addressed by fte HIS oeear Bteooghoat what can be considered the-core of the
breeding range for many of fte MF Mgh priority bbds of 'eastern ostere deciduous famta,
including Cerulean Warbler, LoaWaaa Watatbrash, Wotm-eattof Wmblar, Wood Thrash,
Yellow-throated Vireo, and Acadian Flycatcher. A«o«ding to Breeding Bird Survey (BBS)
date, «H of the ipeciw jast mentioned ootatf ator near (Mr peak tbuadtncei wi&in 8» EIS
study area, whkh largely overtop wftt the NoMhwn Cumberland Plateau physfogwphie wet as
delineated by HF, Noa^toas oiter sjwsi« of Ms habitat sait« also occur in high relative
abundances within this am, including Kentucky Wabler, Eastern Wood-ftwee, OveabM, tad
Scarlet Taaager. The muring sad valley fil tetivifeg addressed by the HS directly iffect several
of the primary habitats used by these species — nature deciduous fora* on Appalachian ridge
tops (used by Cerulean WarMer, Ydtew-flaeated Wirbler, Eastern Woad-Pewee, Scarlet
Tanager, Ovenbird, Wood Thrush), and mate* nijjsed-meeophyflc fwest along headwater
stre«is ("coves" - used by C«ntean WarMas, LoiiJsltia Watertjrush, Worm-eaflag Warbter,
Kentodcy Warbler, Acadian Hycatetor, Wood Thresh). RtetlsiiB»ty fignn> from the HS oa
cumulative impact; of minia » acdvitics in the (tody area suggest a massive and permanent
impact 02 the ttKtiire forest suite of birds within the study aie dae to the estimated forest loss of
apjooxtmately 760^00 MMI ftem teBod and fttore pwaite duriig tte M-ysir peiod rf 1992 to
3012. Aa addiaoadi 648,000 forested awes agjeatx to have bean lost from petmted mining
activities prior to 1992.
The total cumulative forest loss from mining activities equates to an 11.5% reduction im total
forest cover in th« study area. Removing >10% of the forest cover from a jepeo is likely to have
negative impacts on mature forest birds, even is well-forested landscapes. As overall forest
cover drop! in a region, negative impacts to forest breeding birds from fragmentation and edge
effects Witt become more severe. Work by O'Conaell ct al. 0000) across (he Mid-Aflantic
Highlands region, which includes a large part of the HS study ana, suggests that m landscapes
f all below a threshold of about S2% forest cover* the ecological i&tegiity of the forest community
becomes increasingly compromised. Removing almost 12% of the forest ftam the MS study
area through mining activities alone win bring the % forest cover of this entire area down close
to this threshold aad certainly will cause some ltndscap&-level areas withifi fills larger area to fall
wdi below this threshold. We consider the level of breeding habitat Joss resoltitig froM
!>ermitted and proposed ottaiai activities to represent a stgttificaM negative impact for die suite
of mature deciduous forest birds in the HS study area, particularly for those species for which
this area represents the core of their breeding range.
Specific Impacts lo Camkat Wm-bleri. Becanse the Catitean WatMer is tte mature forest
species of hifhest co&cem according to HF assessments and because it has beea petitioned for
listing under the Endangered Species Act, we provide a more detailed analysis on the impacts
that mining activities are likely to have on this species.
Population status and Irendi. The general stilus and population mods of Cerulean Warbler in
mostpartsof its range are fairly well documented. These have been previously summarized in
the USFWS Status Assessment (Hamel 20003, as wdl a final report to USFWS of the Cerufaaa
WwMer Atlas ftoj«* {Rs»»b«rg et at., 2000). We Wiew that populafloii treads as reported by
the BBS are snfficieafly reliable for Cerulean Warbler at ange-wide and regional scales. These
tteads sksw a roughly 4^%-per-year decfise rtage-wlde slacel^6, wife steep declines in nearly
every region indiKfing in tie core rf the species' range, which overlaps almost eafeely wtt the
EIS study area.
A* part of the development of a HF North American Landbitd Conservation Han, estimates of
of tetfaf conservation objectives, Using this tnrtad of eSrapohttag BBS relative abundances,
the current total population estimate (using data from the decade of the 190s) for Cerulean
Warhtans is aboat SSO.OOO bbds, or tangly 283,000 fin. Based on the BBS data, an estinjited
70% of the totai breeding population occurs in the Ohio Hills and Cumberland Plateau
physiographic anas from southern Ohio and Pennsylvania, through West Virginia to Tennessee,
Vast areas of suitable habitat in this regiot rappott targe.populations of Cerulean Warblers,
especially at privately owned forested*. We should mote that aithough 280,000 pairs seem like
a sizable population, it is among the smallest poptiiatjons of any passerine bird in North
America, which mostly number in the millioBS.
Ttoats.to pfyfajtioas. We consider the naajor threats to Cerulean Warbkis to fall within few
main categories: (1) direct loss of breeding habitat from mining activities; (2) loss of breeding
and migration stop-over habitat due to development; 0} loss of suitable breeding habitat from
sil vicultnral practices; and (4) habitat loss on wintering grounds in Sooth America. We consider
the practise of Bsoimterintop removal fnMii|/vai!fiy£iffing to be the greatest iHBnediate threat
within flie core of the Ceiulean Warbler's breeding range.
Applying similar nte&ods to those used in calculating total population sizes for tbe HF North
American LaadMrd Conservation Plan, BBS survey data indicate that the average breeding
density of Cerulean Warblers across the Northern Cumberland Plateau physiographic area during
the 1990s was 0.065 pairs/acre. Most of the HS study area occurs in this physiographic area.
This estimate does not include a tae-ef-day correction used in calculating the tool population
size, and therefore might be aa underestimate. However, this deasity is similar io breeding
densities estimated from territory mapping plots surveyed in southern West Virginia, although
locally higher densities were obsowd ta some locations. Using this BBS-derived estimate of
breeding densities and applying it to die estimated forest loss of approximately 760,000 acres
from issued and future mining permits between 1992 and 2012, habitat for approximately 49,400
pairs (17% of fib estimated total Cerulean Warbler population) would be eliminated through
minim activities daring this period. This is a very roagji estimate of the swabe* of birds likely
to be impacted and is based on the assumption that the entire area within permit boundaries
would be disturbed. Nonetheless, we are confident hi stating that breeding habitat for as much as
10%-20% of the known Cerulean WarMer popntatJoa is likely to be directly eliminated by
proposed and petmitted n»tataintop mittetfvalley fills daittg the 20-year period of 1992-2012.
These numbers reflect direct loss of breeding habitat and do not reflect reductions in habitat
suitability around mine sites. Research within the HS study area has shown that densities of
Cerulean Warblers are reduced in forest patches remaining from mining activities and in forest
near mine edges. We consider the level of breeding habitat loss due to mining activities in the
EIS study area to represent a significant negative impact for this species of high continental
impacts such as development and loss of wintering ground habitat.
MTM/VF Draft PE1S Public Comment Compendium
A-624
Section A - Organizations
-------
Richard Seeley, Olendale-LaCrescenta Advocates
Northeast Partners IE Might comments for
Relative Conservation Value tf Reclaimed Mtes vs. Undisturbed Fore* Habitat. We do net
consider removal of extensive areas of mature forest and replacement wi&t the poor quality,
etriy-suecessional habitats resulting torn current reclamation practices to be an appropriate
action for bird conservation in the EIS study area. Hist, this habitat alteration is occurring in
core breeding areas for many high priority birds of the mature eastern deciduous forest suite.
Removing almost 12% of the forest cover from flris met is likely to negatively impact all of
these species. la particular, this area is critical for the long-term persistence of the Cerulean
Warbler and tie estimated forest loss from mining activities will represent a significant negitive
impact for this species of high continental coaeram. Second, current reclamation practices result
iit large acreages of grassland habitat, but the grassland suite of birds is & relatively low HF
conservation priority k Hie HS study area. The vast majority of grassland bird species
benefiting from the current mining activities are rather low to conservation priority, and tM» area
is not a core breeding area for grassland birds. Third, cnrrent methods of reclamation following
moanlmjntop removal miring/valley fill activities result la poor quality, early-saccessiotal
habitats of grasses and shrubs that are likely to remain in these early-saccessional conditions for
very long periods of tune dae to the soil disruption and compaction during the mining and
reclamation process. Estimates of the length of time it will lake tree species to colonize and re-
forest these areas are fa the many hundreds of years (e,g., 300-1000 years). The minimal value
that habitats reclaimed under current methods might have for early- successions! bird species
does not justify repteetag mature forests wiA extremely longJasting, poor-quality, eady-
successioaal habitats. Maintaining extensive tracts of mature deciduous forests to support the
high diversity of mature forest birds, many of which are high conservation concern species, is
one of the highest HF conservation priorities within the EIS study area. We encourage every
effort to minimize tlic removal and Augmentation of existing nature forest habitat within die HS
study area.
D BEC 31 MB
(S1I}2A(3BA30)
1650 Arch Street
DearMr.Ponw:
It is to be hoped fiia! you will s« to it to the present E!R relative to
Yoti can begin by sesldag to irapres upon your boss, Mr. teh and others ia his comer,
the need to emptesba Lie ase of renewable ei>.=rgj'S4iurces and cHmica'x the use of coal
ccmpIetely.ThereisMjrawnwhaKotvei, inthisdiyacdagc, foriistobiimcodwiscn
er, etc, are availskkwailiig otiiy oo c.-nphssis, proper fimdiEg and, in the case of hydro-
as vvrU as keeping our mo'jiitaictops green, ecologically baiancecL and
RicbariSeekv
MTM/VF Draft PEIS Public Comment Compendium
A-625
Section A - Organizations
-------
Francis Slider, West Virginia Chapter of the Sierra Club
Seth Shteir, San Fernando Valley Audubon Society
U,S.EPA(3EA»}
WSOAahSt
Dem-Mr. Fai«
Forren/R3/DSE
by John Porraa/RS/^JSEPA/us cii 12/26/03 08:55 AM -----
SSfeteireaoi.cGffl
John
12/24/03 08:53 PM
On Hountaintop Removal-Setfe
To :
oc :
Subject i Public Comment
Shteir, SPVAS
foknwi eoBBMJs fcf Hit m» ftaa 166$ aeaiaea of our dhtpter, Hrase e»a«ta- ite»
conirnartsaspaitoftiieofHcialrscordontiieDraaEnv-irocrnOTtal
3 are destroying the envncffijieat and ciillme of llie soudaii coalfields :n my
h»aest»te of WeaWrpfe. Your DEIS state that MIR tas *tai!jrtaffed724m8esof
stteass a t|e «tiMfc ofWV, KY, aid VA Itae k»tegf!«% 4v» stteaais me uqwtaat BI
the prsvenlion of flooding in this mouiilMwus are^ These streams clEimci water aid allow
acccsi rain and sco'.WEflt to be-abax'bsd by the acjuifa-. MIR also destroys hundreds of
thousands of acres of the Hiostbiologkally diverse forest in the world. 11ies*!bfestspre,-a]t
whose qua% of life is graded by Ntnt This deu to urge you to withdraw the current SIS for
mountaiHtop removal and to issue a new draft that includes alternatives
to this mining practice that will ministiKe impact to critical habitat
for wildlife.
The current SIS is incomplete in several aspects, First, it fails to
assee-s the impacts on migratory birds such as the Cerulean Warbler,
Second, it does not address the fact that 1200 miles o£ streams and
hundreds of square miles of forested mountains have been virtually
flattened by this extremely destructive mining practice. Finally,
it
does not include any safeguards for local communities that depend on
the
region's natural resources.
I am proud to be. an environmentalist who recognises the importance of
the local economies affected toy land tRanagesnent de-eisions. However,
mountain top removal practices are nonsensical and are completely
dictated by securing the cheapest extraction price Eor industry, 1 am
convinced that there are ways industry can thrive while protecting
America's natural heritage. I urge you to take measures to curtail
this
practice while respecting local economies, protecting wildlife and
iss .
Sincarely ,
S^th D, Shteir
Vice President
San Fernando Valley ftudubon Society
14355 Huston St., §225
Sherman Oaks, C& 91423
818-395-6429
8-2-2
1-9
MTM/VF Draft PEiS Public Comment Compendium
A-626
Section A - Organizations
-------
John Snider, West Virginia Coal Association
Comments Regarding The Draft Programmatic Environmental Impact
Statement
July 24,2004
John R. Snider
Vice President, External Affairs, Eastern Operations
Arch Coal, Inc.
On Behalf Of The
West Virginia Coal Association
Good evening, my name is John R. Snider. For the past two years I have
been employed as Vice President of External Affairs, Eastern Operations,
Arch Coal, Prior to that I had worked for four years to the West Virginia
Development Office, with last two serving as Executive Director, I have
over 25 years experience in the field of economic development in West
Virginia as well as experience in the Northern and Cental Appalachian coal
fields. During my time with the Development Office, I assisted with
developing the roles for the West Virginia Coal Field Development Office as
well ts assisting in the development of funding for several post mine land
use developments. I ttn a Certified Economic Developer, Today, I am
speaking on behalf of the West Virginia Coal Association.
I would like to discuss several issues relating to the socio-economic portion
of the Draft Programmatic Environmental Impact Statement.
The Gannett Fleming's document "Final Case Studies Report on
Demographic Changes Related to Mountaintop Mining Operations" offers
some interesting conclusions which relate to many economies which may be
found in transition. West Virginia, as a whole, like many other areas .of the
country has been progressing thru a transitional period in that types of
employment are shifting from heavy manufacturing and mining to a service
based economy. Similar conclusions that Gannett Fleming makes, could be
reached in many areas of the United States over the past twenty years when
Census Tracts or small communities are considered individually. Long gone
are the days that most miners work in the same town or census tract as the
mine they are employed. Stop and think, do I live in the same census tract
that I work or even the same town. In addition, the improvement of
transportation systems in southern West Virginia allows miners to live
wherever they want and travel to the mine. This study only includes the
economic impacts in the adjacent area, whereas today's modern mine has a
much greater affect geographically Aan in the past.
10-1-5
MTM/VF Draft PEIS Public Comment Compendium
A-627
Section A - Organizations
-------
Several other issues also must be looked at in different light when you view
what was happening during the time frame outlined by the study.
1. The population of West Virginia is declining. It is no surprise that the
six communities arc also declining.
2. The tJnited States population has been for several years changing
from an industrial based economy to a service oriented economy.
During the time of this work, we saw many of our high paying
industrial jobs go off shore. We have seen and continue to see a coal
production shift from Central Appalachia to the Powder River Basin
in Wyoming. As we discuss this issue today, we are seeing more of
our market share being provided outside of the United States.
3. As our country changes from industrial to service, we are seeing many
of our fine employees being left behind, West Virginia has
traditionally been a heavy industry state which included at its heart the
production of glass, steel, chemicals, timbering and mining. West
Virginia has been impacted negatively more than other areas which
have a more diversified economy. Many of onr industries and mines
have closed.
4. The average age of a West Virginian has increased over the past
several years much quicker than the rest of the country. West
10-1-5
Virginia average population is currently the oldest in the country. In
addition, state wide we are losing school age population. Very few
areas in West Virginia are gaining population and the 14 county area
is no different.
Overall, Gannett Fleming did a fair job describing what was transpiring
in the six small communities. If they wonld have looked at West
Virginia, as a whole, or even some other areas of the United States which
are in transition, they would have found the same trends. In fact, this
study could have been transferable to many areas in transition during the
same period. But in today's society you can not draw a valid economic
or social conclusion on such a small area as 100 home community or a
census tract. Global conditions have an affect on all economics and must
be taken into account.
One of the ways to change many of the problems discussed hi Gannett
Fleming's study would be to develop usable sites for development and
growth of the area. We must have rules that allow us to develop post
mine land use sites to provide diversification ia soothers West Virginia
to help create stability and growth.
We believe (hat a modified Alternative III offers that capability.
Thank you for taking time to listen to my presentation.
10-1-2
1-13
1-4
MTM/VF Draft PEiS Public Comment Compendium
A-628
Section A - Organizations
-------
John Spate, Virginia Society of Ornithology and August Bird Club
John R. Snider
Arch Coal, Inc.
10 Kenton Drive
Charleston, West Virginia 25311
"0p-3hr MD, John"
feugusta$« To-. R3 Mountaintop€SPA
d.com> cc:
Subject: Plsa&e stop this habitat destruction.
12/22/2003 11:54
AM
December 30, 2 0 0 J
J.ohn Forren
U.S. SPA (3EA30J, 1650 Arch Street
Philadelphia, PA 19103
mountaintop.rj^spa,gt$v
Dear Mr, Porren,
5*e writs on behalf of the undersigned groups, representing raillions of
Americans, concerning the Draft Progrsftuaatie Environmental Impact
Statement
on Mountain Top Mining/Valley Fill (MTM/VF) in the Appalachian region
of
the
eastern United states, He are extremely troubled over the harmful
impacts
that mountain top/valley fill raining has had and could con ti miss to hava
on a
wide array ai aquatic and terrestrial organisms. In addition to the
direct
effects of habitat loss and degradation at mine sitss and areas
immediately
adjacent, the drastic alteration of large l&ndfonae over such an
extensive
region could very well have ne9ative and long-lasting effects on
ecosystem
process.es at considerable distances from the areas wore directly
disturbed.
these concerns are not adequately addressed in the draft BIS. However,
despite our serious concerns ragjardirKj the potential for disrupting
ecological processes an4 biodiversity in general, these comttents are
specifically directed to issu&a regarding migratory birds. The impacts
to
forest-associated bird species Of conservation concern also are not
adequately or properly addressed in this draft £18,
I, The DSIS Ignores the High Priority Assigned through Congress by
wildlife
Agencies to the Conservation af Mature Forest Bird Species,
The figures from the draft EIS on cumulative impacts of mining activity
7-3-2
MTM/VF Draft PEIS Public Comment Compendium
A-629
Section A - Organizations
-------
the study ares sayqest. a massive and pezmamrst impact on the ^tit*.
mute cf
Partners in Flight priority mature forest birds within the BIS study
sr*sA
'e.g., Csrylean warbler, Louisiana waterthrush, Worm eating Warbler,
to A tu sky torhipr, Wood Hi-rush, Yellow-t hioat-s-d Vtieo, Acadian
Fl>car»h-et )
duo to a px- j^cLed loss ct ov^r 380,Of>Q dCi^6? (149,52? hectaies) "*f
hiQh-iuality f,~*«st to Mining m the n^xt- f «*n yeat s 1'hiF is in
rtrtrtii-inn
*_,>i
that sane amount havmq been lost in the previous ten years All of
I bes-e
bird s£QCiss are also classified as Birds of conservation COftcern by
t-he
tt.
S Fish and SSiidliff* SPSvi/'-fi* (fISFWS ?M25 within the Appalachian Bird
Co-use ration Region, which overlaps the area t-oneideivd m tb*» dratt
Btfi
Tins list m mancHt^d by C^n-jress under 1988 acsendmeni-s to the Fish and
Wsldlift C- rtssrvat ion Act and 'jpnotea species thaf without a-ddl t ir-nal
'jon$**-rvaf ion "ictions arp likely tj become candidat"ea for listincj under
the
HrKlanqeiecf Species Act We ""unsid^t this le-vel of hctfti^at lo^s tn
constitute
a sigm ti -^nt n^qat ivt; impact frr f hosp high psicrity instore fniȣ"
birds,
an i especially ffti fhe Cerulean Warbler, the frx^st aperies of high^^t
'".om^tri in 5*1318 area, He ate struck by the failuiw of th^ 3iatt SIS t-o
?ddr«^s this t°xi rera^ly impofarit =tnd aiq.nt f ic^nt environra^nidl imp^r-f
s"e don't have reliable
of the densities of most of
thi fe*5
priority specj.es in the reqicr, we do hjve tft«sm fcr Cerulean ^a
This
is thf foxes'" -bre-pdin^ bird apeJies ^e aie most roacerned with
it
study
sitfea
Endangered Sp
ni
o£
c£ !•• br€«dinq
(Fiyure 1! This spp'(j't^^ has bfeii petitioned for lipttng undet t-h«
gered Speci&s Act and is also on the USPHS' National List of
II The- OBIS Ignores Available &ri*nnt it ic Dat^J Showing Higher Bird
D«nsitif-s asi'5 Hiqih**!' Pctontial Losses ftom Mining tmpact-p
jch by Drs
^n^ arsd Wood UQOPj at Wfept Virginia
University
found fh» svt.ta^'S sifnsity of Cerulean Satblets t"^rt itorie^ in int«.»"t
forest
n**ar mined ai^^B in West Virginia was n 46 pair s/hectd*e (hav ^-ssu'hl
e-ACii
t-^rvircry provides habitat foi a pair of bards, this f^vfat »s f 0 92
7-3-2
8-2-5
indivrJwals/ha WSrh * ht prolP^^t*-^ l"*se sf e-^^r 145, H?^ t;a lr futut^
wining
in the nexi ten /-^ars, this wil3 Tfepulr in a Itsa of 117, S3^ C«r!tle/*n
Warblers in th** next U«^ade, Ci . Cliarlss KicholBon (TV A Stiu?) repotted
sotaewhat higi'S'f ^wr.i^e density j>f ft, €4 r^ns .if Cerulean W^iblerr p-^t
ha at
his study Sifcess within the draft BIS si «dy area in partexn T^nit'i'-gs?»6
If
his
density estimate is more representative of tne density over the study
cerul&ans wctuld have been
in the last
and
the
Sdise numbPt wc-uld b*s impacted in the next Either estintfet-** represents
an
unacceptable liss,
Partners in Flight (PIP* , a science- based initiative dedicated to the
conservation - f 2 f mining the diaft SIS piojects in the next d^i-ade eoefe Ln
fruition. In add it i-on, we lear that in a region wftere Cerulean warblers
presently "jcur m Much high densities, th^ bt-eedirKj habitat o^uld
alre^iiiy
fee saturated •and the indsvjdual'S displ-aced by min«3 woiildn't't b-3 ablt;
fo
find now areas o£ hiirh-misecj
will be reduced as a rasult
t@s of Cerulean warbler
thp ability of the population to r^
It is acsportaiit to not*5 that these
populat i
-------
twxmtain and ridge tops. Cerulean Warblers pre£@r ricfe^tops- within
large
blocks oi mature forest (WsaklancI and Wood 2002} In addition, Drs,
Weak!and
and Wood UOQ2} found significantly reduced densities of breeding
Cerulean
Warblers in forest fragmented by mining and in forsst adjacent to mine
e4g®s. We find it -disturbing and unacceptable that Dr. Weaklsnd and Dy,
Wood's research was not included in the draft. EIS document when we know
that
it was raade available to those who were involved in its development.
Ill, The DEIS Pails to Address Technology Changes that will Alter
Projections of Future Forest LOBS
We believe that the -draft EIS projection that an additional 3.4% of
forest
will be lost between 2002 and 2012 nay significantly underestimate the
impact of mining on Hardwood forests. Mot only do these figures fail to
include an estimate of the cumulative loss of cove forests froffl valley
fill
operations, they also do not take into consideration th« anticipated
increase in future demand for Appalachian coal due to the planned
construction of flue gas dssulfurization units (scrubbers) at existing
ccal-fired generating plants in the study area ETV& 20S2). Par example,
the
draft EIS projects that Tennessee will issue permits causing the loss
of
9,154 acres of forest in 2003 through 2012, whan over 5,000 acres of
Surface
mining permits have already b«en approved between December 2002 and
October
2003 JSiddell 2003),
IV. The DEIS Fails to Identify and Analyse Effective Mitigation
Measures to
Reduce Bird Losses
The only tnit.igar.ion offered in the draft SIS for the destruction of
large
areas of biologically diverse hardwood forest habitat by mining
operations
is a suggestion that the denuded areas could be reforested after
operations
cease. While recent research indicates that soiwe forest, communities may
be
reestablished on reclaimed mine sites (Holl et al. 2001), the draft EIS
concedes that initiatives to improve th<£ establishtn&nt of forests en
reclaimed mine sites have only recently begun and "that it would be
premature to attempt to evaluate the success of th,es& efforts at this
t i SB6 " -
In addition, the draft BIS states that "SB post-mined sites will likely
lack
the rgguirsH&ents of slope, aspect and soil moisture needed for
cove-hardwood
forest communities, it is unlikely that these particular communities
can
8-2-5
7-5-3
7-3-3
re-established through reclamation". It will take tnany decades before
thes-e
experimental forests mature sufficiently to assess whether they will
prcAf i tie
suitable breeding habitat for Cerulean Marblers or any other interior
forest-breeding birds of concern. Even if reforestation was -determined
to be
the preferred mitigation for Cerulean Karbler habitat loss, tfee
development
of reforestation BMPS {ftction 15) v*ould bs voluntary and a state or
federal
legislative change {Action 143 could take years. The suggestion that
reforestation is a panacea to mitigate the negative effects of mining
col
interior for&st habit&t within th& foreseeable future is therefore
wrong
and
misleading. Furthermore, « find it extreisjsly inappropriate that the
draft
EIS suggests that a mining company could be offered an economic
incentive,
through the sale of carbon credits, for planting trees to replace the
forest
that thsy themselves destroyed during mining activities,
We also find it inappropriate to consider replacinq forest habitat with
grassland habitat for "rare" eastern grassland species even though
these
species havs dselimgd dramatically as a group in nscent decades. Their
recovery and habitat restoration efforts should be targeted towar<3a
ecosystems and landscapes where they occurred historically, net on
eastern
roountalntops, wlhere grassland habitat was rare, and currently supports
high
quality forest habitats.
V. The PSIS Fails to Identify and Analyze Reasonable Alternatives to
Avoid
Bird Losses
We find the draft BIS1 failure t& provide an alternative proposal that
would
provide better regulation of mountain top mining to protect the
environment
unacceptable and inappropriate, we believe that taken together, th^se
two
major flaws are fatal and require the re-issuance of the draft SIS.
These
fatal flaws r&san the draft EIS fails to comply with NEPA. The draft
BIS
needs to be cursd by an EIS that appropriately addresses bo-th the
concerns
over priority bird species mentioned herein snd that offers a solid
environmentally sound alternative,
7-3-3
4-2
MTM/VF Draft PEIS Public Comment Compendium
A-631
Section A - Organizations
-------
The U.S. Pish and Wildlife Service's September 2002 (0SWS 9/20/02)
memo
clearly supports our conclusion that the draft EIS is fatally flawed.
The
FWS warned in the memo that publication of the draEt BIS- as written,
"will
further damage the credibility of the agencies involviacl.'* That
inter-agency
memo cites the proposed actions offering ftonly IBBager environmental
benefits" and criticizes the draft E18 because it did not consider any
options that would actually limit the area mined and the streams buried
by
valley fills, "Thers is no diCferefice bstw&eri [the alternatives]," the
Pish
aud wildlife officials said. "The reader is left wontJering whac -genuine
actions, if any, the agencies are actually proposing." The draft EIS
erroneously only offers alternatives that would streamline the
permitting
process for approval of new mount-aintop-rewoval permits. The
alternatives,
including the preferred alternative, offer ao ettvamran&ntal protections
and
the lack of any such environmentally sound options destroys the NEPA
BIS
process.
The PKS memo argued for "at least one alternative to restrict, or
otherwise
constrain, most valley fills to ephemeral streaffi reaches,..As ws have
stated
repeatedly, it is the service's position that the three 'action'
alternatives, as currently written, cannot be interpreted as ensuring
airy
improved environmental prote-ctiors ... let alone protection that can foe
quantified or even estirsated its a-dvaftce,"
VI. Because the BUS IB Fatally Defective, It Should Be Revised aad
Reissued for Public Comment and Permit Issuance Should Cease.
Sfe do not find that the three "action" alternatives offered would
improve
environmental protection in any measurable way. We propose that a
moratorium
be placed on new tnoufttctintop mining permits until a. new draft SIS is
written
to provide for the avoidance of key Cerulean Warbler habitat and
significant
environmental protection for the Louisiana MatertbruSh, KOrm-eatisig
Warbler,
Kentucky Harbler, siood Thrush, Yellow-throated Vireo, Acadian
flycatcher
and
other PIP priority species and PWS Birds of Conservation Concern. This
moratorium should continue until a Cinal EIS is adopted with an
environmentally acceptable alternative.
We balieva that NEPA requires such a moratorium as the environmental
4-2
impact, s
are so great and th*s ffrderal §0varnw»nt has failed to
as
required, even after 5 ysars hava passed since litigation. wa& initially
filed on this iasu€. Settlement of the litigation was to result in an
EIS
and. better measures to protect the environment, 'rue draft EIS clearly
indicates that this is not occurring. Also, the Clean Water Act
dictates
individual permits should be required for such major actions and thu$,
the
current use of nationwide permits is illegal,
5te cottclu4e that mining is a short -t&rtR benefit to local economies and
once
the coal is extracted, the industry will leave the region. However, it
the
sc«nic vistas and natural heritage of the area are preserved, an
economy
fc'uoyfed by recreation and tourism would provide added value for
generations
to corns .
We appreciate the opportunity to comment on this Draft Environmental
x&pact
Statement.
Respectfully Sw
John Spatir , M . D .
Vice President, Virginia Society of Ornithology
Vice President, Augusta Bird Club
Waynegboro , VA
.References :
Hollt R. 0,, c. E. tipper and J. &. Burger. 2001. Recovery of native
plant
communities after mining. Virginia Cooperative Extension Publ . 46G-140*
[Online version available at
)
Eich f. D, &t a.1. 2004 in press. PIP {forth American LancSfeird
Cons e r va t i on
Plan. To toe published by Cornell lab of Ornithology, Ithaca, &¥,
[Online
draft available at.
]
Rosenberg, K. v., s. 1, Barker, and R, w. Ro-hrtsaugh. 23GO. Ati atlas of
Cerulean Warbler populations; Final report to the U.S. Pish and
Wildlife
Service- December 2000, [Online version available at
*
-------
objectives ter priority landblrd specuss, t-g. xx»xx in Prcc&ftding of
the
3rd
International Partners in Flight Confer fence, C. J, Ralph and T. D. Rich
Rditms. *JSOA Forest Service Gen. Tesch, Rep, PFW-GTR-xxx, Albany, CA,
Eiddell D. 2003 Recant Tennessee Permits. Su^rvisor, Technical Group,
Office of S-urfaoe Mining, Knarville, TK.
Tennessee Vgiley Authority. 20G2. Braden Mcuricain surface min-e;
Campbell
and
Scott Counties, Tennessee. Tenne&see Valley Auttority, Knoxville
U.S. Fish Mil<31i£e Service. 2002. Birds of conservation concern 2002.
Division of Migratory Bird Management, Arlington, Virginia. 99pp.
[iDnlsne
version available at
«hEtp://ffiigratorybirds .fws.gov/raports/bcc2002.pdf
Figure 1. Cerulean Warbler {Oendroica cerulea) Sowmer Distr3.bxitj.un Map.
The Horth American Breeding Bir-d Survey Results and Analysis, H-elative
Abundance Map 1966 - 2002. USGS 2003.
Tbese maps indicate the number of birds sejsn cm BBS routes, grouped
into
convertisnt cste^orias of relative abundance. Tiie maps predict th#
average
number of birds of the species that could be seen in about 2.5 hours of
birdwatciiing along roadsides (by very goal birders) . l*hey ate bas«;d on
mean
counts OTI BBS rautsis over the interi'al 1982 - 199S.
O.fi. Pish Wildlife S^rvies. §/20/02. Comments on Draft MTM/VF HIS cf
Chapter
IV ^Alternatives) .
USt3S . 2003. the Worth American Brs&t3ing Bird Survey Results and
A«alys3 s,
www.mftr-|>wrc, us-gs .gov/bbs/bfoe .htisl»- c&rulean
Oakland, C. A. and P. B. Sood. 2002. Cerulean Warbler (Dendroica
cerulea)
iflicTo-habitar, and landscape -level habitat Characteristics in southern
Heat
Virginia in relation to mountain&op siinlng/vallsy fills, Final Project
Report submitted to VBQS Biological Reisources? Division, Species- At -Risk
Program. { Available online at httpi/^ww. forestry. caf .wvu.'
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Stephen Stewart, Seven Hills Birdwatchers
soi tna *i»«ve
*t toluo
51 to 50
4 t*t 10
7
\f
Dear Mr. Forren,
We write on behalf of the undersigned groups, representing millions
of
Americans, concerning the Draft Programmatic Environmental impact
Statement on Mountain Top Mining/Valley Fill (MTM/VF) in the
Appalachian
region of the eastern United States. We are extremely troubled over
the
harmful impacts that mountaintep/valley fill mining has had and could
continue to have on a wide array of aquatic and terrestrial organisms.
In addition to the direct effects of habitat loss and deoradatton at
mine sites and areas immediately adjacent, the drastic alteration of
large landforms over such an extensive region could very well have
negative and long-lasting effects on ecosystem processes at
considerable
distances from the areas more directly disturbed. These concerns are
not
adequately addressed in the draft EIS. However, despite our serious
concerns regarding the potential for disrupting ecological processes
and
biodiversity in general, these comments are specifically directed to
issues regarding migratory birds. The impacts to forest-associated
bird
species of conservation concern also are not adequately or properly
addressed in this draft EIS.
I. The DEIS Ignores the High Priority Assigned through Congress by
Wildlife Agencies to the Conservation of Mature Forest Bird Species.
The figures from the draft EIS on cumulative impacts of mining
activity
in the study area suggest a massive and permanent impact on the
entire
suite of Partners in Flight priority mature forest birds within the EIS
study area (e.g., Cerulean Warbler, Louisiana Waterthrush, Worm-
eating
Warbler, Kentucky Warbler, Wood Thrush, Yellow-throated Vireo,
Acadian
Flycatcher) due to a projected loss of over 380,000 acres (148,822
7-3-2
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hectares) of high-quality forest to mining in the next ten years. This
is in addition to that same amount having been tost in the previous
ten
years. Ail of these bird species are also classified as Birds of
Conservation Concern by the U. S. Fish and Wildlife Service
(USFWS 2002)
within the Appalachian Bird Conservation Region, which overlaps the
area
considered in the draft EIS. This list is mandated by Congress under
1988 amendments to the Fish and Wildlife Conservation Act and
denotes
species that without additional conservation actions are likely to
become candidates for listing under the Endangered Species Act. We
consider this level of habitat loss to constitute a significant negative
impact for these high priority mature forest birds, and especially for
the Cerulean Warbler, the forest species of highest concern in this
area. We are struck by the failure of the draft EIS to address this
extremely important and significant environmental impact.
While we don't have reliable estimates of the densities of most of
these
priority species in the region, we do have them tor Cerulean
Warblers.
This is the forest-breeding bird species we are most concerned with
because it has suffered drastic population declines over the last
several decades and the core of its breeding range coincides very
closely with the EIS study area (Figure 1). This species has been
petitioned for listing under the Endangered Species Act and is also
on
the USFWS' National List of Birds of Conservation Concern (USFWS
2002).
II. The DEIS Ignores Available Scientific Data Showing Higher Bird
Densities and Higher Potential Losses from Mining Impacts.
Recent research by Drs. Weakland and Wood (2002) at West Virginia
University found the average density of Cerulean Warblers territories
in
intact forest near mined areas in West Virginia was 0.46 pairs/hectare
(ha). Assuming each territory provides habitat for a pair of birds, this
8-1-2
equates to 0.62 individuals/ha. With the projected loss of over
149,822
ha to future mining in the next ten years, this will result in a loss
of 137,836 Cerulean Warblers in the next decade. Dr. Charles
Nicholson
(TVA 2002) reported a somewhat higher average density of 0.64
pairs of
Cerulean Warblers per ha at his study sites within the draft EIS study
area in eastern Tennessee. If his density estimate is more
representative of the density over the study area, then even more
ceruleans would have been impacted in the last decade and the
same
number would be impacted in the rtext. Either estimate represents an
unacceptable loss.
Partners in Flight (P1F), a science-based initiative dedicated to the
conservation of landbirds in the western hemisphere, estimates the
global population of Cerulean Warblers, based on relative abundance
estimates derived from 1990s Breeding Bird Survey data, to be
roughly
560,000 individuals with 80% of the population breeding in the
Appalachian region which encompasses the study area (Rich et al.
2004).
Applying similar methods, BBS survey data indicate that the average
breeding density of Cerulean Warblers across the Northern
Cumberland
Plateau physiographic area during the 1990s was 0.065 pairs/acre
(Rich
et al. 2004. Appendix B, Rosenberg and Blancher in press). These
numbers
indicate that roughly 9% of the world's ceruleans were lost as a result
of mining permitted during the 1992 to 2002 period and another 9%
will
be lost between 2003 and 2012 should the level of mining the draft
EIS
projects in the next decade come to fruition. In addition, we fear that
in a region where Cerulean Warblers presently occur in such high
densities, the breeding habitat could already be saturated and the
individuals displaced by mines wouldn't be able to find new areas of
high-quality breeding habitat to colonize. If this is the case, the
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reproductive potential of those pairs also wiR toe compromised and
the
ability of the population to recover will be reduced as a result,
it is important to note that these estimates of Cerulean Warbler
population loss substantially underestimate the actual impact of
mountaintop mining on this species. By definition, mountaintop
mining
removes forest habitat on mountain and ridge tops, Cerutean
Warblers
prefer ridgetops within large blocks of mature forest (Weakland and
Wood
2002} In addition, Drs. Weakland and Wood (2002) found significantly
reduced densities of breeding Cerulean Warblers In forest
fragmented by
mining and in forest adjacent to mine edges. We find it disturbing and
unacceptable that Dr. Weakland and Dr. Wood's research was not
included
in the draft EIS document when we know that it was made available
to
those who were involved in its development.
III. The DEIS Faiis to Address Technology Changes that will Alter
Projections of Future Forest Loss
We believe that the draft EfS projection that an additional 3.4% of
forest will be lost between 2002 and 2012 may significantly
underestimate the impact of mining on hardwood forests. Mot only do
these figures fail to include an estimate of the cumulative loss of cove
forests from valley ffiJ operations, they also do not take into
consideration the anticipated increase in future demand for
Appalachian
coal due to the planned construction of flue gas desulfurtzatton units
(scrubbers) at existing coal-fired generating plants in the study area
(TVA 2002). For example, the draft EIS projects that Tennessee will
issue permits causing the loss of 9,154 acres of forest in 2003
through
2012, when over 5,000 acres of surface mining permits have already
been
approved between December 2002 and October 2003 (Siddell 2003).
8-1-2
7-5-3
!V. The DEIS Fails to Identify and Analyze Effective Mitigation
Measures to Reduce Bird Losses
The only mitigation offered in the draft EJS for the destruction of
large areas of biologieaily diverse hardwood forest habitat by mining
operations is a suggestion that the denuded areas could be
reforested
after operations cease. While recent research indicates that some
forest
communities may be reestablished on reclaimed mine sites (Hoi) et
al.
2001), the draft EIS concedes that initiatives to improve the
establishment of forests on reclaimed mine sites have only recently
begun and "that it would be premature to attempt to evaluate the
success
of these efforts at this time*. In addition, the draft EiS states that
"as post-mined sites will likely lack the requirements of slope, aspect
and soil moisture needed for cove-hardwood forest communities, it is
unlikely that these particular communities can be re-established
through
reclamation", ttwffl take many decades before these experimental
forests mature sufficiently to assess whether they wi provide suitable
breeding habitat for Cerulean Warblers or any other interior
forest-breeding birds of concern. Evert if reforestation was
determined
to be the preferred mitigation for Cerulean Warbler habitat loss, the
development of reforestation BMPs (Action 13) would be voluntary
and a
state or federal legislative- change (Action 14) could take years. The
suggestion that reforestation is a panacea to mitigate the negative
effects of mining on interior forest habitat within the foreseeable
future is therefore wrong and misleading. Furthermore, we find it
extremely inappropriate that tie draft HS suggests that a mining
company could be offered an economic incentive, through the sale of
carbon credits, for planting trees to replace the forest that they
themselves destroyed during mining activities.
We also find It inappropriate to consider replacing forest habitat with
grassland habitat for "rare" eastern grassland species even though
these
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Section A * Organizations
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species have declined dramatically as a group in recent decades,
Their
recovery and habitat restoration efforts should be targeted towards
ecosystems and landscapes where they occurred historically, not on
eastern rnountaintops, where grassland habitat was rare, and
currently
supports high quality forest habitats.
V. The DEIS Fails to Identify and Analyze Reasonable Alternatives to
Avoid Bird Losses
We find the draft EIS' failure to provide an alternative proposal that
would provide better regulation of mountain top mining to protect the
environment unacceptable and inappropriate, We believe that taken
together, these two major flaws are fatal and require the re-issuance
of
the draft EIS. These fatal flaws mean the draft EIS fails to comply
with NEPA. The draft EIS needs to be cured by an EIS that
appropriately
addresses both the concerns over priority bird species mentioned
herein
and that offers a solid environmentally sound alternative.
The U.S. Fish and Wildlife Service's September 2002 (USFWS
9/20/02) memo
clearly supports our conclusion that the draft EIS is fatally flawed.
The FWS warned in the memo that publication of the draft EIS as
written,
"will further damage the credibility of the agencies involved." That
inter-agency memo cites the proposed actions offering "only meager
environmental benefits" and criticizes the draft EIS because it did not
consider any options that would actually limit the area mined and the
streams buried by valley fills. "There is no difference between [the
alternatives]," the Fish and Wildlife officials said. "The reader is
left wondering what genuine actions, if any, the agencies are actually
proposing," The draft EIS erroneously only offers alternatives that
would streamline the permitting process for approval of new
mountaintop-removal permits. The alternatives, including the
preferred
4-2
alternative, offer no environmental protections and the lack of any
such
environmentally sound options destroys the NEPA EIS process.
The FWS memo argued for "at least one alternative to restrict, or
otherwise constrain, most valley fills to ephemeral stream
reaches...As
we have stated repeatedly, it is the service's position that the three
'action' alternatives, as currently written, cannot be interpreted as
ensuring any improved environmental protection ... let alone
protection
that can be quantified or even estimated in advance."
VI. Because the DEIS Is Fatally Defective, It Should Be Revised and
Reissued for Public Comment and Permit Issuance Should Cease.
We do not find that the three "action* alternatives offered would
improve environmental protection in any measurable way. We
propose that
a moratorium be placed on new mountaintop mining permits until a
new
draft EIS is written to provide for the avoidance of key Cerulean
Warbler habitat and significant environmental protection for the
Louisiana Waterthrush, Worm-eating Warbler, Kentucky Warbler,
Wood
Thrush, Yellow-throated Vireo, Acadian Flycatcher and other PIF
priority
species and FWS Birds of Conservation Concern. This moratorium
should
continue until a final EIS is adopted with an environmentally
acceptable
alternative.
We believe that NEPA requires such a moratorium as the
environmental
impacts are so great and the federal government has failed to
complete
an EIS as required, even after 5 years have passed since litigation
was
initially filed on this issue. Settlement of the litigation was to
4-2
MTIWVF Draft PEIS Public Comment Compendium
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Section A - Organizations
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result in an EIS and better measures to protect the environment. The
draft EIS clearly indicates that this is not occurring. Also, the Clean
Water Act dictates individual permits should be required for such
major
actions and thus, the current use of nationwide permits is illegal.
We conclude that mining is a short-term benefit to local economies
and
once the coal is extracted, the industry will leave the region.
However,
if the scenic vistas and natural heritage of the area are preserved, an
economy buoyed by recreation and tourism would provide added
value for
generations to come.
We appreciate the opportunity to comment on this Draft
Environmental
Impact Statement.
Respectfully Submitted,
Stephen P. Stewart
Seven Hills Birdwatchers
Rome, Georgia
References:
Holl, K. D., C. E. Zipper and J. A. Burger. 2001. Recovery of native
plant communities after mining. Virginia Cooperative Extension Publ.
460-140. (Online version available at <
http://www.ext, vt.edu/pubs/mines/460-140/460-140.html>]
Rich T. D. et al. 2004 in press. PIF North American Landbird
Conservation Plan. To be published by Cornell Lab of Ornithology,
Ithaca, NY. [OnHne draft available at
http://www.birds.cornell.edu/pifCapeMay/PIF_Final_Draft.pdf]
Rosenberg, K. V,, S. E, Barker, and R. W. Rohrbaugh. 2000. An atlas
of
4-2
11-7-2
Cerulean Warbler populations: Final report to the U.S. Fish and
Wildlife
Service. December 2000. [Online version available at <
http://bi rds.cornell.edu/cewa p/cwapresults.htm>]
Rosenberg, K. V. and P. J. Blancher. In press. Setting numerical
population objectives for priority landbird species, Pg. xx-xx in
Proceeding of the 3rd International Partners in Flight Conference. C.
J.
Ralph and T. D. Rich Editors. USDA Forest Service Gen. Tech. Rep.
PFW-GTR-xxx, Albany, CA.
Siddell. D. 2003 Recent Tennessee Permits. Supervisor, Technical
Group,
Office of Surface Mining, Knoxville, TN.
Tennessee Valley Authority. 2002. Braden Mountain surface mine;
Campbell
and Scott Counties, Tennessee. Tennessee Valley Authority,
Knoxville.
U.S. Fish Wildlife Service. 2002. Birds of conservation concern 2002.
Division of Migratory Bird Management, Arlington, Virginia. 99pp.
(Online version available at <
http://migratorybirds.fws.gov/reDorts/bcc2002.pdf>]
U.S. Fish Wildlife Service. 9/20/02. Comments on Draft MTMA/F EIS
of
Chapter IV (Alternatives).
USGS. 2003. The North American Breeding Bird Survey Results and
Analysis, 1966 - 2002. .
Cerulean Warbter relative abundance map [Available online at
/www.mbr-pwrc.usgs,gov/bbs/htm86/map617/ra6580.html>
Weakland, C. A. and P. B. Wood. 2002. Cerulean Warbler (Dendroica
cerulea) microhabitat and landscape-level habitat Characteristics in
southern West Virginia in relation to mountaintop mining/valley fills.
MTMA/F Draft PEIS Public Comment Compendium
A-638
Section A - Organizations
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Vivian Stockman, Ohio Valley Environmental Coalition
Final Project Report submitted to USGS Biological Resources
Division,
Species-At-Rtsk Program. [Available online at
http://www.forestry.caf.wvu.edu/pWood/>]
AU6 0 4 a
Ohio Valley Environmental Coglftton
f>.OBo*B7B
Hontingfon, WV 25773-6753
I*. S34-5T2-O246
Fax304-S25~lS?84.
Augu* 4, 2003
Mr. John Forrea,
U.S. EPA(3ES30)
IflO An* Street,
Fix: 1 215 814 2783
Dear Mr. Farren:
Oh behdf of the Ohio Valley Eavjnaamtal Coalition, I write to request a 90-day ratauAxt so
the public comment period on the Draft Environmental Impacts Statement on mountamtop
l coal miiiitig,
Siace the coswnent period began* 0 VEC has beea attempting to eolleet ooiam^jts from
coalfidd resid;:its, %vhj]e also studying tilt massive OBIS doc'jjjienl. Simply stated, we need
more time. We cannot possibly complete oar tas& by Awpa^ 29th, the ewreftt oomin^it period
deadline
Thanks you Ibr your attention to tfiis request.
Sincerely,
—Vivian
3-5
Vivian
OVEC project coordinator
MTM/VF Draft PE1S Public Comment Compendium
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Section A - Organizations
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Obfo Valley Environmental Coalition
P,O Sax 6753
Hutrttegton, WV 2S77S-47S3
Ph.3O4-S22-O24<5
January 5, 2004
John Forrea
U.S.EPA(3EA30)
1650 Are* Street
19103
'D JAN t S;
Dear Mr. Forren:
Attached please find MotBrtaMtop Removal/Valley Hll eoal mining DEIS eowsiarts torn fte Ohio
Valley Environmental Coalition, sfcnitted in addition to comments from OVBC's Counsel, The
comments are in the form of the attached Word document ItSxOeA, "The Social and Cultural Bffiscts of
Mountaffltop Remowsl/ VaHey Fill Coal Mining."
The other attachn-.ent is one of the ackienduins.vvhich are iislfid on the second {53ge of the atiached
Word document
Tomorrow, I will send via fle US Postal Service, flwse same documents OB a CD. Accompanying
those will be i» original documents mentioned in the comments. Also, on (he CD will be the
addendurns that 1 did not include on this &»3BaM as tfasy were very large, byte-wise.
I will actually send two copies of the CO. Yon see, my document is 6 ] pages long and 1 thought it
would he best sent on a CD, especially given the photo aridep.dums. On Dec. 2Sth or so I called your
phone line to check with you that a CD would beck. Yciirvoic« mail was on, so Halted with a
receptionist who directed me to someone else in your otfice working on the EIS. He didn't answer ths
phone, so I left a message asking him toe-mail me with an answer regarding a CO submission of
comments- In an e-mail he assured me that a CD would be fine to send, and he asted that I send a
copy for both you and him. Unfcmirately, I madvertently deleted mat e-mail and I cannot remember
his name Anyway, the extra CD is for him, and I rnist you'll know to whom lam reterring.
1 apologize if my submitting the same coiriments bom via e-mail and US mail makes things harder for
you, as I imagine you are quite inundated with comments. But since both means of transmission rely
on computers (e-mail and copying the files correctly to the CD), I just want to back up one submission
format with another.
Good luck with the stack of comments!
Sincerely,
Vivka Stockman, OVEC orpaiar
Hello my name is Msria Ktzer. This is my children, Jessie and Ctaystal Gunnoe,,
We are from Bobwhite in Boone County. We are agsinst Mountatntop removal. We are
a family that lives in the constant shadow of mountaintop removal, valley fills and slurry
ponds. The mining around us has destroyed our quality of life. The blasting from the
mines is a constant reminder of why our lives have changed so much. My children are
not allowed to play ia the water that runs thru our property because the ponds ran straight
into it. The aquatk life in this stream is all but gone. Catching bait or fishing is a waste
of time now there isn anything there to catch, unless it would be some incurable disease.
Who can say that this \vill not endanger my children health? You, the panel of people
who say that what the mine companies are doing is okay. I sorry but this has not yet
been a trustworthy source.
i have lived on this same property &>' 35 years of my life. In the same town with
the same people, that all saying Ihe same thing ountaintop removal is going to run us out
of our homes and off our land like it has so many before us and I beginning to wonder,
are they right?
Wa were flooded in 2001-3 times. With each rainstorm the creek and river fills up more
whii rocks and debris, in 2002 we were flooded once again. The creek now runs much
deeper and faster thai it ever has. Then on June ! 6* of 2003 wa were flooded horribly.
The storm was what the mine company called a one in a hundred year storm. I heard it
was an act of God, which is like saying that the burlklo flood was an act of God. I
remember whra I was a child it rained until 1 was running in water to my knees in this
same yard that is now gone. Why didn these catastrophic floods didn happen then?
Why are they happening now? MTRiswhy. I not sure what all the scientific tests teil
you. but Common sense tells me that if yoa pour water onto a rock it going to roll eff, if
you pour into soil it will absorb.
The flood or* June \6^ has rumed our life. The rains came and the hallow corning
thru our property rose so fast that we didn have a chance to react. We were trapped in
every direction. The river running by me wss still clear and the hallow washing into this
river was ragtag. I was being flooded by a stream that 3 years.ago 1 could step over.
With in 3 hours after it started rairung we had lost almost everything. The water eomirig
by me was sent in on mudslides that filled the creek and move the water closer to our
house. The mudslide tore thru my barn thru my orchard of fruit trees. Where there was
one of our dogs tied. The water and rand carae so fast that we couldn get our dog out.
The next morning his collar was lying in the water new path. As the water and road
continued down it filled a 5 foot culvert that had just recently been put back in from the
storms of 2001. From 1981 until 2001 it was 3 toot culvert. It was part of our access.
The water washed aroand the 5ft culvert and took out my septic system, my bridge and
all of my drive way and most of ray yard. My yard now drops into a 15 foot crater. It
not safe for my children to play in their own yard. The entire path that this creek took
thru our property has been destroyed. There is still more mudslides waiting on me- The
quality of our well water has compromised to say the least. Up until the 16* we had good
water but nova it terrible..
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MTM/VF Draft PEIS Public Comment Compendium
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Thank god that the water and mud stopped 20 feet short of our house. Our house as of
right now is okay. OUR HOME IS BISTRO YED! The life flat we have always known
is now non-existent. Hikes thru our owti land is now unsafe. We are of Cherokee
nationality and we have always been taught to live off the land. This heritage will no
longer tie passed down because it is being destroyed with each blast. Everyone that has a
hand in allowing this mining practice to continue is allowing WV and its heritage to fade
away. For what, the almighty dollar. We have to live here when you are gone.
As a femiiy we use to love to sit on my front porch and watch a storm come and
go. Now it terrifies us to see a storm come. When the rains start everyone gets scared of
whas going to happen next? if it raining no one ia our house sleeps. My daughter at 9
years old is omstantly worried with the mining going on around us. She seen a sticker
that said Coal keeps fee lights on she replied by saying yeah but the trees keep our air
clean. She knows what affect MTR and vaitey fill and ponds are having on us. Yet the
college educated scientist is still looking for the reasons we are all getting flooded so
horribly, so often. Hopefully this will open up your eyes and make you sea that the
community impact of MTR is simply devastation. The rights of people in Baghdad it
seems are more important than the rights of the U.S. Citizens. I know our rights to life
liberty and the pursuit of happiness are pretty much gone. Thanks to MTR and its
practices. If you can sleep with yourselves, I guess we have no choice but to stay up with
the storms.
10-4-2
17-2-2
July 21,2003
To the EPA and Anny Corp of Engineers—my comments on the Environmental
My name is Patsy Carter and I live on the Tug Fork River. AS I watch the beautiful
gpeeri river, it makes me feel so peaceful and relaxed, then all at once the river tutus
black from a Massey Coal Sludge spill. I am not against coal mining, but we need
to deep mine coal and mine responsibly. There is no need to destroy these
mountains and streams and our children's future to mine coal.
I fear for ray life and my femily's life when it rains. I Slunk of ways to run for the
hills for my fifb, from the floods caused by strip mining. I plan to keep my femiiy
pictures closes to me so that I can save them.
The str^ miring is taking everything from m and o»r children. They will have no
fcture and will never be tble to Ive as true Motmtataeets as we have and that is part
of our children's heritage.
Under this blackened horrible life we are faced to live with because of
irresponsible nHrang—ttis has made our state "Almost Hell*'—instead of— "Almost
Heaven". The people in Logan and Mtogo counjy needs to wake up.
Stop Moutttafctop Removal and stop valley fill mining—stop filling in the
headwaters of our streams.
Patsy Carter
17-2-2
10-4-2
MTM/VF Draft PEIS Public Comment Compendium
A-641
Section A - Organizations
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MTMA/F Draft PEIS Public Comment Compendium
A-643
Section A - Organizations
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Mountain Top Removal is Massive Ruination not only
to the beautiful Appalachian Mountains of eat Virginia,
but also to every creature whose exlstance depends on Shea e
trjo'.mt&ins for thair survival, from t^e streams covers'?
by Volley Pills to the -yellayg b®low, *to®rs Citizens dwell.
It l&avffis barren landa, valleys filled vitb debris
and pollutsiS streams and airways from Book Dust and
Goal Dust. It destroys Land, Citizens possessions «nd their
health, it leases Slurry lanpoundments of Toxic disposal
seeping into aur water tabl®.
'•fcat one* started e.s «m aggst to the State of Wsst
Virginia has bsoora« a liability and the State of West
Virginia twc payers ere payina for their damages.
1-9
MTM/VF Draft PEiS Public Comment Compendium
A-644
Section A - Organizations
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Hassat*d,s of Motttsfcaiti Top Hemo^
Barren mountains
ffiadatigfflred Species
Snd#.ng®r©d 1Ve©&
Flooding
Toxic Valley Fills
Air Pollution
CQnt&t&inaijed ¥ater
Bess true t ion to Citizens Property
Blasting DEttiagos
Health H&eftrA«
Highways
TTnsafe Run-off Poticis
Slurry Wjster Spills
Dfrtted-uo Rivers
1-9
My sears froa womitaintop reaoval strip »ining have been more
psychological than physical.
All my life/ I have been free to roam the mountains and valleys
near ny home. How, I would be considered a lawbreaker and a
trespasser if I wars to go bacK to those places. The first thing
a coal company does when it takes a lease in to build a gate, hire
security guards (whom they dress as ccmafcy deputies to further
intimidate the public), and install caneras to liait access. T
consider this to be an infringement of my civil rights*
Sometimes & blast frost m nearby siountaintop surface Mine will
rattle the windows aad doors in ay house, even to the point of
hearing the sheetrocK tear from the nails in the ceiling, and if
the blasting gets closer the ^fhole house may slip off the props
holding it up and slid* onto the railroad tracKa down below.
And maybe a large boulder froja the cliffs up above the house
will be dislodged by the blasting and destroy tha house.
I have Public Service District water, but I also have a deep
well which I hope viil not be harsiad by the blasting.
The dust front tha big trucks and from the traffic going fco th®
»in@8 is awful and tha company knows its a»ful, but I alBost
hava to beg the coapany to pat down water to settle the dust.
are slowly breaking
only outlet to the
The large supply trucks going to the ainea
down the trass bridge which is the community'
main highway.
My yard is full of squirrels, rabbits, and bears that have
been chased out of the mountains by the blasting of th® strip miners
and by the logging which is a precursor fco aountaintop removal
stripping. The little mniaals coning out of the mountains are
nothing more than sfcin and bones because their food source has b®«n
removed. I love to feed these little animals, bat I would like
to sea the coal companies and logging coapanies pay part of the
feed bill.
1 -would say that aonntaintop reeoval strip mining has had a
severe impact on «y life and the life of ay etsfmnanity.
Sincerely yours,
Kiehard A. Bradford
Edtrtght, W.Va.
10-2-2
16-1-2
15-2-2
MTM/VF Draft PEiS Public Comment Compendium
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Section A - Organizations
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July 23,2003
To EIS hearing agencies:
I want to voice ray opinion AGAINST Mouniafatop Removal Valley Fill tniniag,
This mining is NOT producing jobs, just the opposite, it is destroying jobs.
The town of Whitesviile is dying with etch new surface mine. The surrounding
communities are disappearing from the effects of Mountaintop Removal, the
blasting and the flooding. The animals are running from the hills from lack of
habitat and are conung d<5wn into our homes and yards.
The blasting is destroying people's homes and then we have floods caused by this
type of mining. Our children will "NOT have a place to live aad our mountain
culture and heritage is being destroyed with each mountain.
We «e the poorest people and we live in the coal rich counties. Why?
The coal companies DO NOT put anything back of economic development There
is NOT one development site on the 90,000 acres destroyed in the Coal River
Valley. The coal field schools are being closed and as a matter of fact—2 schools
was closed this year and both witMn 1 mile of many Mtssey Energy mates. Coal is
NOT giving anything back.
President Bush should come to these hollows and talk to the people that live with
the effects of this raining. The recommendations in this study is pure
HOGWASH!!!!!!!!!
Lisa Henderson
P.O. 3
Rock Creek, WV 25174
1-9
10-2-2
July 21, 2003
My name is Jack Brown, Jr. and I live at 104 Finley Cirels in
Walhonda tfilliage which is in the Clear Creek Hollow. I am
a Ufa tis» resident of the gr»at State of Wast Virginia. I
was born in 1935 at Edwight, WA and my dad waa a retired coal
miner. I watched him die of black lung 6 years ago.
Whan I was a small boy living in the coal camp at Edwight, Whlte-
sville and the surrounding areas there was thousands of coal
miners working in th© min^s, not like today only a very few
work in the mines.
I have seen the streams run black with aoal dust. But not th®
whole tops of mountains levmled. Th® sludge dams they have
built and the water they have pouleted coal,-trucks ruining the
highways for only a few real jobs? B«lieve m I am not-against
jobs.
When they poulted in the old day's at l*ast 10's of 1000's of
coal Miners had good paying jobs. Then tfts l^t down happened
the Biinas shut down and the coal maket dried uj>, people left
the atat® to find work.
But her© w@ go again big coal companies h&v© found a cheaper
way to get the coal. Not like ay dad got it, but by removing
1,000's of mountain top acres filling in the little hollow str-
eaias. I us«t to catch spring liaards £or £i®h bait. W© don't
find the wild things in the mountains like that any more.
Big coal hava bought and paid for poultions they o«m and don't
give me much of a say so in the matter. They promise me better
but big coal uses thair money to change the laws to suit them.
1 watched the flood waters wash My brothers hous© killing his
animale and leaving him ho»i«l©»s. I saw what happ«r»d to Boger
Hollar and Sycamore Hollow when the sludge ponds broke, I wat-
ched my friends and nieghbors cry wondering what to do next.
Sow what did big coal do? Hot our fault an act of-God it wasn't
our faalt the 6am busted and you cry babi«s lost everything
you had.
in finishing this little letter I'a going to stay hare in ay
little hone and I'm going to fight with tha big coal for a dacsnt
place to live without a polluted enviornment like w® have now
and not one law maker to go to bat for me.
I guess I'll be fighting for a long tine or at least until some-
ons does something to stop this land raping, pouliting the water
like big coal is doing. Oh yss before I close the Governor
of our State will only be a one-tera governor so if you can
stop the raping of ray beautiful mountains and can stand up to
big coal. Please give me you naas I want to stand bettipd you
and support you for gotfarnor. _ Thank
1-9
MTM/VF Draft PE1S Public Comment Compendium
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Section A - Organizations
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Citizens Comments
Concerning
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MTM/VF Draft PEIS Public Comment Compendium
A-653
Section A - Organizations
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Comments of the
Ohio Valley Environmental Coalition (OVEC)
PO Box 6753
Huntington, WV 25773-6753
on the
Draft Programmotfc Environmental Impact Statement on
Mounltintop Removal Mining/Valley Fill Activities in Appaltrftia
The Sin-ial ami Cultural F.ffcols of Mmmliiinlnii Removal/ Valley Fill foal Mining
Submitted in supplemtnt to comments prqmndfvr 0 VEC by Jamis Heater tui Joseph
Larett, counsel for tlte West Virginia WfAtarfs Conservancy and OVEC
Blasting...
Coal dust...
Coal trucks...
Comments from individuals...
Disenchantment with the political process...
Externalized costs...
Hooding...
Falling property values,..
Lost culture / way of life...
Sludge impoundments / blaekwtter gpilli...
Stress/Fear/Health...
Conclusion.^
...03
...05
...32
...34
...37
...47
...48
...51
...53
...53
...55
...61
...61
Compiled by Vivian Stockman, Ohio Valley Environmental Coalition, from information
collected from coalfield reskients, field observations, news reports and weosites. Coal River
Mountain Watch and Dclbarton Environmental Commtinity Awareness Foitndatioa assisted in
collecting this information.
Original copies of comments from individuals
Photos of blasting damage
I jst of blasting complaints
Prelimifltiry Performance Review --OEB
Phosos of MTR—"Minimgl" Impact?
MTM/VF Draft PEIS Public Comment Compendium
A-654
Section A - Organizations
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Introduction
The Ohio Valley Hnvimitmemal Coalition (OVKC) Is a grassroots environmental group based in
Huntingttm, W. Va. OVEC's members oppose mountain removal / valley till coal mining. We
have about i 500 members, mostly from West Virginia, many from regions when; MTR is
practiced.
These Draft Environmental Impact Statement (0EIS) comments are submitted as a
supplement to the continents prepared for OVEC by .lames Hecker and Joseph Lovett,
counsel fur the West Virginia Highlands Conservancy and OVEC. Please refer to those
comment for specific arguments detailing how the DEIS violates the 1998 Bragg Settlement
Agreement by failing to include Action Alternatives to minimize environmental impacts. That
document enumerates many other outrageous failures to adhere to law within the DEIS.
The DEIS on mountaintop removal / valley fill coal mining (MTR) fails miserably to study,
measure, quantify, report and make recommendations on the social and cultural effects of
mountaintop removal coal mining. Some of those effects are detailed herein, hut this is by no
means an exhaustive accounting of the full spectrum of MTR's social and cultural impacts. The
agencies in charge of creating a valid scientific BIS OS MTR mast make every effort to
exhaustively study and quantify the social and ctiltural 'impacts of mouMaimop removal. At the
very minimum, the social and current cultural effects of MTR removal listed herein must be
taken into account in the EJS. The BIS recommendations must accurately reflect these effects
and must include recommendations for actions that will relieve and eliminate the negative social
and cultural impacts of mountaintop removal / valley fill coal mining.
If you take a drive in regions where coal companies practice MTR, some of the social and
cultural effects of this form of mining are readily apparent. Follow a public road in Kanawha
County, W. Va., heading toward the community of Republic. You'll find a gate across the public
road. Community gone, access denied, MTR underway. Head toward Mud in Lincoln County.
Only one home remaining, and that's in Arch Coal's cross hairs. The homes that were up
Connelly Branch are gone, the home sites and the branch itself buried under millions of tons of
former mountains. In Lxigan County, all that is left of Detrae are the broken foundations of
homes. Where there is MTR, you'll find this scenario repeated. THE HIS must make an effort to
list the communities lost forever to MTR and document or quantify what the losses mean for
Appalachian culture.
Harly in 2004, the Falling Mountain music label will release the musical CD, "Moving
Mountains: Appalachian Voices Rise Up." Artie, W, Va.. resident Joe Bamett has a track on this
CD, in which he speaks about MTR. His words give a good summary of the various MTR-
related social and cultural impacts suffered by people and communities that have the misfortune
of being near MTR operations:
My name is Joe Bamett. I live in Artie WV. I live up in the head of a little hollow that
has been affected by MTR in a very adverse way. The coal company came in initially and
said that they were going to do a little strip mining and said that it wouldn't do any harm
to our community. So they got their permits and they came in and they started to cut
timber and ran off all the wildlife, and then they started their valley fill, polluted our
streams, killed off our fish. Basically they came in and they raped our community.
10-2-2
Then, am t result of that we got a Hood that waited a lot of people's properties out And
they came in to repair the damage from the flood and they cut our water supply oft Arid
everything that we have got them to do we have had to force them with & lawyer to do. It
makes us feel lite we are second class citizens.
They also effectively turned neighbor against neighbor, family against family. It's
really...riot only did they rape the mountains and the hollows but they are splitting up the
communities too.
I've worked in the mines since 1974, but it was all underground mining. And this valley
fill mining that comes m. ..they first come In and they just cut down every tree in sight.
that's called clear cutting. They just completely clean the mountainside off. And then
they start dynamiting and shaking your homes up. Then once they start blasting, the rock
they just start pushing it over into whatever valley is nearby. They till in stream beds and
they run off game,
Us country people like to elg up rmnps In the spring and we like to ginseng En the
fait They wipe out ho I'M of these. We dMr hunt atid fish. That's no longer available
to us. They have suceessfuWy destroyed our way of life and our communities, is what
they've really dene.
We have people in the community who are in their mid-eighties, and in all their lives they
have never seen floods in the hollow like this. !a 199? the first flood came and it cost two
people their Hves in our community, a woman arid a little boy. And in 200 j we had three
floods. Each flood does its fair share of damage. The companies not only get away with
this, the state will approve permits for them, and the Mggest insult to our community and
our way of life is then the company goes public and calls it ait act of God. And thai
infuriates me, because Clod did not set those mountains and valleys there to be destroyed.
A lot of times when the coal companies go before judges they can get judges to look at H
from an industry point of view and call it big business, and call it progress. And a lot of
judges rale for it and the common man does not always have much say in it.
As far as the tome gee$-"*mv Nome is 12 years did—what the blast damage did not
mess up.. .the flooding affected my tend, and I probably couldn't sell my home itow.
I probably wouldn't get anything for It now, We live!« fear. The whole hollow is in
a state of anxiety now every time it stornts. We've learned thai they've been perrailled
to start another strip mine on the other side of the hollow, so now we are going to have it
behind us and in front of us.
Thy way we gauge it is that if the pond (sediment pond below a valley fill) starts to
overrun into some spillways we know that it is only a matter of time that the little streams
will be full in the hollow. So different ones of us go up and just check it regularly, even
in the middle of the night some of us chock it.
We've lost two: 34-yesr-old woman, and a 15-year-old boy, stepping into their yard,
The little ditch in front of their yard that normally carried off a IttUe bit of road water had
washed out to the extent thai they did not realize that the ditch had wasted out. We did
10-2-2
MTIWVF Draft PEIS Public Comment Compendium
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Section A - Organizations
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not find them until the next day-right In from of her home, (lid Note: Wood waters
gushing off a valley nil killed these two people.)
I always like to say that every law that has been written on safely was signed with
someone's blood, "cause its always been through accidents that there's &ny improvements
in our laws. Apparently the lawmakers in the «tatc arc swayed by lobbyists and special
interest groups. They come in and make big political contributions to candidates. Its
corruption at its highest level, that's whal you'd have to call It. The common man, the
working man, is not able to get out and go to the statehousc to all these meetings and try
to lobby, because we are out tryttig to provide tor our families. And these special interest
groups come in and throw a little money around and they pretty well gel whatever they
want and it angers us—the working class. We elect people into office who make us all
kinds of promises.
i would like to see enforcement of the existing laws, and as we learn of new problems for
the law. to develop new taws and ealoree them. It' they continue to wash away and flood
everywhere there's not going to be any people living in any of these hollows. West
Virginia is going to become one giant strip mine.
Any time you come in and you destroy a stream and the fish in that stream and the
animals in the mountains you're affecting God's creation. And I don't like to see
anything come in and do (hat. And not only in it affecting the animals, it's affecting
God's people.
If a common guy like myself goes out there and throws anything iit the creek. DEP will
fine me severely for it Bui a big corporation can come in and bury miles of streams and
they arc committed to doing, that. And it bothers me thai the same law that holds me
won't hold the coal companies.
A* MTR at&autis the basics that sustain life— waier, land ami ewn the air (AW hlanimg, coal
dnat)t an it assaults the ha$ic.\ thai sastftin the Appalachian culture. The EIS rfctMtttwtultititms
must accurateiy reflect th?w effects aftd Must ittcittdt rtfcftwrnentlations for actions thai will
relieve and eliminate the negative social and cultural impacts of mauntaintop removal / vajfoy
fill coal twining.
In section U. A.6 of the DI«IS, the federal government asserts:
"J'he regulatory review and study oonctesiom confirmed that existing regulatory controls provide
adequate protections from eoal-trriiilag reteed blasting impacts OB public safety and structures
i»clBding wells.
Hndings further indicate UK existing regulatory programs are intended to ensure public safety
and prevent dama§c raitw than eliminate nuisances ftom eoaf mine blasting activities.
Some bitting within legal limits may still constitute a nuisaitce to people lit tlie genera! area. As
with all nuisances, the affutled persons may have tegal recourse regarding bitting nuisances
through civil action.
10-2-2
, blaming is not considered a 'significant issue' asid m> actions are considered In this
Perhaps blasting is "not considered a significant issue" to someone living outside the areas where
mountaintop removal is occurring. But, to residents who live- in the near MTR operations.
Wasting is a highly sif nifieant issue. Most would fsrohably consider the above quoted statements
from the D)74S to be absurd and insulting. Residents look to regulatory agencies to take actions
that will protect their lives, their quality of life, their health, their homes and their water supply.
Coal companies should obey the law and the government should do its job in enforcing coal
mining laws; residents should not be forced to take on the expense and burden of hiring attorneys
lo protect themselves and their property from the Wasting associated with MTR.
Nok thai in the above paragraphs the DlilS carefully talks about "blasting within legal limits."
Of course, many citizens believe that much blasting occurs outside legal limits. Even for MTR-
blasts that arc within legal limits, many citben complaints to the West Virginia Department of
I'lnvironmental Protection (WVDHP) and the corresponding Kentucky agency would suggest that
these blasts affect lives and property at levels thai far exceed the "nuisance" level. Please refer to
the attached document listing recent MTR~nflaied hhtsting rom/>ls/nw made ttt the WVDEP,
Remember, the blasts that coal companies sel off for their MTR operations can be anywhere
from ten lo 1 00 times the force of the blast that cracked open the Oklahoma City Federal
Building, killing 16H people. People living as far away as 12 miles from MTR sites have called
in complaints about MTR-relatcd blasting to WV DBP. Many coalfield residents keep very
detailed logs of the blasts that shake their homes. Citizens have reported to environmental groups
that they feel like their complaints about blasting to officials are not taken seriously. Some
believe the DK1> maintains a "chronic ccstnplainers" list and tends to discount their calls. We
suggest thai the RIS include several samples of these citi/en logs. We also suggest that the
DEP's entire database on Wasting complaints from citizens be included in the BIS.
In etrly 21)0.1 author tennis Burke e-mailed: "Approximately ZSfX) tons of high explosives are
used against the mountains of West Virginia and Kentucky each work day. Every four days,
therefore, more explosives are used against Appatehia's hills than were used by the US military
in the entire Afghanistan bombing campaign, livery day in Appalachia. the blasting is (he
equivalent of U>X) Oklahoma City bombings." No wonder coalfield residents arc saying they
feel like they are being terrori/ed. !
Citizens who experience these blasts obviously know that existing regulatory controls DO NOT
provide adequate protections from coal-mining-related blasting for public safety and structures.
including water wells. Nor do the existing regulator)' programs prevent damages from MTR-
blasting:
• For example, near Van in Bne County, W. Va. one family's house insurance will not
be renewed because MTR-relsted blasting destroyed the foundation of the family's home
to the point the home has been condemned. Set tttr picture of this cmmbltd foundation
in the "PAnfos of Surface Mating Btastittg Effects" attachment. Note that WVOHI"
inspectors refused to admit lhat MTR-blasttng caused the damage. The family knows the
truth. The HIS should list all people who can no longer obtain insurance from their
homes due to Masting damages or potential Wasting damages,
16-3-2
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* Numerous residents have publicly stated thai they have either lost their well-water or Nad
their well waier become impotable after MTR-related blasting bcggn shaking their homes,
"Insignificant*"* Hardly! The K!S should document these losses and include an analysis of
the k place on file hiltside iihove his
home f«w about iwx) years and thought of it as only a minor nuisance that caused dishes aitd
pictures to rattle,
Tve lived \h&& my whole iifc and never saw any fly rock," Pinsoa said,
Bui when \\& mltifsedtotn shopping, Pinson ibsnd his home in ruins. Stunned* ^ sifted Jhrougih
ihe rabble for a few articles of dotftiog afid left for the motel.
l^rriek Scott, an ofHeer with the Johns Creek Volunteer l-'ire Departmeiu, which first responded
to the accident, said Pinsofl was iucky he wasn't home when ihe boulder came crashing down.
"He definitely aiuld have been kf lied," Scott said.
State inspectors, wfjo were trying to both secure tiK area and conduct an investigation, said they
were not sure wtie« the residents would be able to return home.
16-3-2
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"It's still a dangerous situation," said JetYTaylor, a supervises- with the Kentucky I>paitn«sit frtr
Surface Mintag Ketlamaiioa a«d Enforcement "Nohod> can go back «ns il the area's been
C'arl Campbell * commissioner of Uie state Department for Surface Mining. said the incident luib
convinced Sum 10 give several ingpccNirs the fulltime responsibility rae!ices at strip-tnitse SINS
Aller a fcpatc oi fl\ totk incidents in the lint bait of last year Campbell ordered the- department *»
ncarlv 15) inspectors to lake ackittionat timing on dangerous bUvtmg methods, but no inspectors
had Hasting issues as their sole respond hi tit\
"I feel like no matter what I do lliere wif! be some, hut we have to do ail we can to redu« them,"
Campbell said. .
The Associated Press reported on the same event:
Jerry Ptason, who lived in tise mobile home, was stopping when the boulder crashed through «he
bedroom -area of the mobile hosje.
His neighbor, Melissa i .opn, said she heard a Wast th&t was louder than usual* "Just a few
seconds after that was the big crash," she said "Aad I looked oat rny window and saw thai, 1 was
just amazed. 1 was shocked."
IjOgan said the incident IMS shaken everyone tivteg oear line mine site.
"I'm just really scared about my kids," she said, "We're ail lite time outside pSuyhig, and I'm afraid
it could happen here, wipe my house out."
On April 15, 2003, in an article headlined "Miner who resigned settles suit" which appeared ia
the Lexington Herald Leader. Roger Alford of the Associated Press reported;
An Eastern Kentucky coal miner who resigned mihar than detonate blasts that could have
bombarded homes with rocks will receive $ J42,500 from his former employer,
Oat Marshall, who is being heralded as a hero by sottve coalfield residents, claimed In a Sawsait
that he refused to hucide under pressure to violate state blasting requirements,
The Jaeksoti man had said he feared selling off the blasts might haw Injured people or damaged
property in the Leteher County community of Deane, He couJdnl be r«^Ijcd fe comment
yesterday,
Marshall, a btestnitg SMpervisttr, resigned in August 2tM)i and filed a iftwswlt i« November 20fH
against lil Dorado Gieniica! Co, and Comol of Kentucky^ claiming that by presswrinf him to
violate state irequi&meuts tljc companies had essentially fOKed Win from his job. El iX)rado was
a blasting coatractar ft>r Consol.
flic lawsuit was scheduled for trial Uxlay In U.S. District Court in Pikeville.
"My client walked away from a gd-|^yi% job based Q« the fact that they ted asked him to do
something illegal," said Prestomburg lawyer NedPltteradarf.
fff ackiwulcdged yesterday that the a'lt
tlie aniiHjfit of the setiteraent.
oni had been readied. He also acknowledged
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Neither Bruce Crydcr, a l,extngton attorney rq^rcsentingConsot, nor Rsmdail Scoit May, a
Ha/,ard attorney repressoting Bl Dorado, could he reached for comment yesterday.
C^*fa Anderson, of" I etcher County, said Marshall siiouki be pm^scd.
"It's a good tiring, what he did," said Anderstwi, who says her home has been damaged by blasting
in the MeRohcn^ area. "I wish someone would stand up for UK in MeRoberts,"
While the DEIS stales that
". . .existing regulatory controls provide adequate protection from coal-miffing related Wasting
impacts on public safety and structures" and "the existing regulatory programs an,* intended to
ensure public .safety and prevent damage rather than eliminate nuisances from coal itHde blasting
activities.*." ihc public, as evidenced above, strongly disagrees. The West Virginia Legislative
Auditor apparently also disagrees. /V«wy srt the attached Wesf Virginia Legislative Auditor's
docunwnt from Dec 2002: "Preliminary P&rforfntmce Rfvim, The Office wf E'tptosives and
Blasting, The Office of Explosives ami Bt Is Not Mvft'mg Ali Ketfuircd Mandate. " Just
because regulations are tit place doesn't mean they ate being followed
l-'rom page 5 oi' the Auditor's document:
The Office of Expiodvw and Bltwtinfi (OliB) was created hy Senate Bill 6H1 during the t999
session of the 73*1 West Vlfgfnia legislature In this report, tfie iegisiaiive AtidrhT reviewed arvtfn
marjdates ttiat are oailined for Ute OMB i« Chapter 22. Ariicle 3a of the Code. Of tije seven
mandates reviewed, tlie ix^tsiative Auditor Concludes that the OliB has mei and continues to
meet three, 1) impleinefltation of the pfe-hlast survey pmLev, 2) education, tnsirting, examination
atid eeilitkatioiJ of hlasf^-; and 3) proposal of SegisSati ve rule-s However, Hiere are Tour mandaies
which are mil tuving met to the extent to which OKI) was creased,
! . RcnulaMtm of Hinting on Surface Mine Operations - OBB is charge with regulating
blasting on at! surface mine operations. However, the majority of tasks regulating hlastii^
t^temtiom are current iy being performed by fhe Divisum ol Minhig and Retlansation, not the
OF,B
2. Setting of Qu^lfleatiom f«r 1 ndi vidunis Perfwrmisg I»re-Btast Surveys - lite O! "B
has set (he quaHficatiotis fof ii^vlduah conducting pre-hlaKt surveys in its iegtslative rules
However, the primary requirement of these rules is that individual
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t indeed. Please consider this article by &ea Ward, Jr. in the Aug 3,2003 edition of the
Sunduy da/£ lie-Mail:
Mining study: Blasts not 'significant1
Federal regulators have determined, ifl their fitew study on mountainiop removal, that
mine blasting is not a "significant issue" in freed of additional restrictions.
The federal Office oi' Surface Mining and other agencies .say citizen complaints about
blasHng probably will continue.
As strip mines have gotten higher, the agencies said, so have the explosive Masts used on
them. Ai the same time, federal blasting limits have not been updated for 20 yenrs.
But, the agencies said, complaints of property damage by blasting seldom are justified.
Coalfield residents, the agencies .said, should hire private lawyers und go to court if they
feel blasting near ihesr homes is a nuisance.
"No additional actions to control hkudng are warranted a! this time," concludes the
5^HK)-page draft report issued in late May. "As with all nuisances, the iifTeeted persons
have legal recourse regarding hiasiiog nuisances through civil action."
TfteOSM U.S. fjnvironmental !*n>tecu'on Agertcy, Corps of Engineers m$ the Hsh and
Wildlife Service spent 4 1/2 yean working an the report.
In December 1998, the agencies agreed in & court stHttaftcni to conduct a comprehensive
study of mouittainton removal. Their goal, they said at the time, was to consider new
rules to "minimi/a the potential for adverse
individual and cumulative impacts of minifig operations,"
Instead, the Bush administration has proposed a plan to streamline mine permittut|i. The
plan includes no concrete new limits on mountainiop removal.
As part of their study, federal officials abandoned consideration of additional blasting
restrictions. They dropped the issue whdfi they narrowed the list of "significatw issues"
that deserved detailed examinati^m.
in mountaintop removal, coa! operators use explosives io biast off entire hilltops and
uncover valuaWe, low-sulfur coal reserves, leftover rock and dirt is dumped into nearby
valleys, burying strearns-
Over Uie past five years, complaints about riotse, dtist a^d property Jamage from Wasting
have been A consistent concern of cUixens at public meetings about mouniaimop removal.
In the first national expose* «n mountaintop removal. Penny Lneb of U.S. News a^id
World Report focused on the dangers of nsine blasting.
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"Bksts aw made with the same mixture of ammoaium nitrale and fertilizer *md fuel oil
used in the tank (hat killed tfi$ people ill Oklahoma City two }>eare ago. hut the miniaf
explosions are 10 lu 100 itaes stronger," I^eh wrote in August 1997,
Tn November 1998, a task force appointed by Gov. G3dl Urtdcrwood called for better
policing of mim' Wasting.
A few months tear, during the 1999 session, the Legislature created a new Office of
Explosives and Blasting within the Depaftment of Environmental Protection.
In their new report, federal officials praise West Virginia lor its "leadership role hi
passing laws wd rejulaihtfls rtiat highlight the importance of mining companies being
good corporate neighbors and addressing citizens' blasting concerns.*'
But in a study released in December 2002, West Virginia's 1 .egislativc Auditor found that
the Mil* Wasting office wasn't doing its job.
For example, trae audit report said, the ofitce had not yet taken over policing of mine-
related Massing froffl the DRP's Division of Mining and Reclamation. The office had not
yet trained anyone to per form pre-blast surveys or set up fin m-liouse database to track
Wasting complaints.
More importantly, the office reported a backlog of complaints thai had not been
inspected tot atone resolved. At the time of the audit 39 of 202 eumpMflts filed with the
blasting office had not yet twen assigned to an inspector. Fifty-four of the 2(52 claims
were resolved. But of lie 148 open claims, only five had been sent to a claims
administrator for resolution, the audit found. More than one-third of the open claims were
more than a year old. the audit said.
"Citizens with open claims could be living In iiamrdous conditions due to
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The new report dies an OSM study of 1300 Masting complaints nationwide. The study
found thai ''no instances of blast-induced vibration damage were found attribtitable to the
mining operation by the regulatory authority."
Federal rules already outline a variety of restrictions on blasting, the new study says.
Mine workers directly responsible for explosives must be trained and tested. Coal
operators most place Wasting-schedule announcements in local newspapers. Residents
within a half-mile must be mailed a schedule. Mining operators offer pre-blast surveys to
residents within a half-mile of the permit area.
"Once blasting is Initiated, U must be conducted in a manner to prevent personal
Injury, damage to public or private property beyond the permit boundary, and
adverse impacts to nearby underground urines or surface and groundwater
availability outside the permit area," the study says.
The report says these rules "have not changed substantially" since 1983 — before
the huge growth in mountaintop*reiiioval mining.
"The agencies recognise that, in spite of enforcement of the existing regulations and
implementation of the recent program improvements, blasting concerns/complaints will
continue," the study concludes.
"Regulations provide a limited ability to control nuisance impacts," the study says. 'The
regulations were designed to minimize damage potential and only indirectly address
nuisance; however, citizens retain the right to take civil action against a mining operation
for nuisance-related concerns.
"There have been court cases in the coalfields where mining activities have been ordered
to adjust operational procedures (i.e., above-and- beyond existing regulatory program
controls) to reduce public nuisances."
It is flat-out wrong, insulting and disgusting for the DEIS to dismiss blasting impacts as
insignificant. We repeat: Coalfield residents should not have to, as a matter of government
policy, sue to protect their homes and their health from MTR-related blasting. That's an
arrogant, outrageous suggestion! Whoever inserted that preposterous idea into the DEIS is
no public servant, but a blatant coal industry apologist. That person ought to he fired from
public office and go back to openly working for the coal industry. We also reiterate that
coalfield residents have repeatedly expressed concern that regulatory agencies frequently
fail to attribute to MTR-retated-blasting damages that citizens clearly fee! are related to
MTR-blastlng.
To go deeper into the MTR-related blasting issue, please consider the following information,
lifted from Penny Ixwb's website. www.wvcogtirieid.cQro (emphasis added):
BLASTING: WHAT'S CAUSING ALL THESE PROBLEMS?
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The Surface Mining Control and Reclamation Act was passed to stop coal mines from
"damaging the properly of cki7.erts.,.(and)creatmg ha/ards dangerous to life and
property by degrading the quality of life in local communities."
"It is the purpose of this Act to ... (b) assure that the rights of surface landowners and
other persons with a legal interest in the land...are fully protected" and "(m) where ever
necessary, exercise the full reach of Federal constitutional powers to insure the protection
of the public interest through effective control of surface coa! mining operations."
INTRODUCTION
When I picked up my yearly list of complaints from DEP in March 2000.1 discovered
just as many blasting complaints as in previous years, and at mines I had never heard of.
So I decided to find out if there is any difference between the blasts that people complain
about and those that they don't.
I collected data on 1,134 blasts at nine mines of various sixes. Of these. 3f>9 had caused
problems—such as vibration or noise or dust—for nearby residents. In about three-
quarters of the problem blasts, they did differ in some significant way from the blasts that
did not cause problems. The differences varied by mine, and not all applied to any one
mine. The specifics are discussed under the sections on each mine. But general
characteristics include: air blasts over 115 dB, larger shallow binder shots, low-frequency
shots, large amounts of explosive per deity, blasts that exceed the scaled-distance
formula, cast blasting, two or more shois at the same time, and larger shots closer to
homes.
Experts say that other factors can cause blasts to be troublesome as well including the
way explosives are placed in holes, brand of explosive, and misfiring*. These could not
be determined from the information available.
This analysis is based on a database of the information on the Masting logs. Blasting logs
contain two pages of information on each blast, including: time, location, number of
holes, amount of explosive per hole, Wast design and length of delays between holes.
Sometimes them will also be information on ground vibratkm, air blast levels and
frequency from seismograph readings. Some mines are required to seismograph all blasts,
while others have been seismographcd by DEP after complaints from residents.
I determined which blasts caused problems in two ways, Some resulted in complaints to
DEP. Others were noted on lists kept by people living near the mines. In every
community except one. I got a list kept by at least one resident.
The regulations say the director can give the public access to the blasting logs. Hut they
don't require cnpies, so Libby Lindsay (a retired miner and summer intern at the West
Virginia Organizing Project) and I had to take laptops to the mines. When we tad to sil
on boxes and USB ptib as tables in the guard shack at Whits Flume (the first mine), we
thought we were in for a rough summer. Fortunately, accommodations improved, but
varied greatly. Paynter Branch required us to go to a lawyer's office in Charleston and
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assigned a young secretary to watch. Pen Coal had a supervisor hand us each Misting log.
one by one, and asked lor a copy of the daui.
For all mines but one, we used the time period of the beginning of 1999 through Spring
20SMK The other mine had ceased blasting for part of 1999 so we a!so looked at older
records. We entered every Wast that generated a complain! to DliP. We tried to enter at
least two fall months of blasts during the months when there were the most problems.
That way we could compare blasts that were problems to others that were placet! nearby
at the same time of year. Ideally, we would have tried to gather another 500 blasts, but
our time was limited with each mine. We have gone hack to as many mines as passible
and checked the data.
t have spoken with seven Wasting experts, read both the OSM and DfiP blastinf manuals,
reviewed studies and court testimony and have discussed my findings with PEP and
officials at the mines. 1 asked all the mines for a response. Paynter Branch, Btfidmill and
Mingo lag-as did not respond. Pen Coal officials and I are still trying to set a date for an
interview.
This study is about both nuisance problems and damage. The law gives citi/ens the right
to enjoyment of their property. Yet. in every community where there is blasting, there are
certain shots that cause houses lo shudder, items on walls and shelves to shake. The blasts
can be very loud or cause a lot of dust. At most mines, these types of blasts only occur
about a tir/en days out of the month. The olhurs don'! hother people,
In fact the Secretary of the Interior stated in the Federal Register, when OSM
issued Its blasting regulations in 1983, that citizens' health and safety should be
protected as to "create the least discomfort." "OSM believes that prevention of
excessive noise, especially In populated and residential areas, is within the ambit of
'health and safety or welfare."'
The coal company officials, and to some extent DHP officials, sometimes dismiss the
people who claim problems as "chronic complainers." Sure these people exist. But 1 am
confident (hat the people from whom 1 got complaints had legitimate problems and did
not exaggerate.
My purpose was not to determine exactly what made those blasts problematic. There is
not enough information on the logs for such precise findings, nor do I have the expertise.
What 1 wjinted to find out is whether there is enough s-uggestion of difference to warrant
further study.
The mines usually abide by the regulatory limits of I inch/second ground movement and
133 dB air blast. Vibration is supposed !o be minimi/ed by separating the explosions of
each delay by at least 8 ms. Mines usually use a 'Valed-disiance formula." This limits
the amount of explosive per delay period. For example, the limit for a biasi 2.600 feel
from the closest protected structure is 2,234 pounds per delay period. The closer a mine
gets !o a house, the less explosive per delay is allowed. The formula does not have to he
followed if a seismograph is at Ihe closest house.
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When a citi/en files a complaint, Ate DEP inspector, in nearly every case, will write
that blasting was within the regulation and go away, leaving angry citizens. They
feel as If they are In (he Twilight Zone. How can the inspector ray blasting Is being
done properly when their house shakes? Some inspectors have even pinpointed
types of blasts that cause problems under these limits, especially air blasts above 11S
dB (the« are explained In the analysis of each mine below). Vet DEP and OSM
refuse to IfMjk beyond these standards.
The regulations arc based on research done 15-20 years ago by the Bureau of Mines.
None was done in West Virginia, and research was with stnallcr blasts and partly on a
new house built specifically lo test blasting. Two recent bodies of research have been
developed that refute the accepted limits. (1 can supply copies to anyone who wishes).
.Sam Kiger. Dean of Engineering at the University of Missouri, was the expert for the
Bim blasting case, which wis tried in court in Boone County in March 1999. Kiger is an
international expert in protecting federal buildings from blasting damage. After
examining 6,001) Wasting logs, he testified that there is about a 95 percent chance of
damage at a vibration limit of .5 inches/second, if you count each of the holes shot (5<) on
average) as a separate vibration. In the Bim case, he also testified that low-frequency
waves $2 Hz-! I H/) generated by some blasts can be more damaging. The frequencies
can match that of a house and amplify the shaking.
Freda Harris, who had a blasting case with a mine in Indiana, gathered many
documents during file case and subsequent FOIAs of OSM. She wrote a manual for
Citizens Coal Council. One of her most Intriguing findings was that Btere can be
"hot spots" In a community where the geography can make blasts worse. She
emphasizes ti»at dantage and vibrations can feel worse if a house's natural
frequency is approximately between 4 Hz and 12 Hz. The above-ground part of the
house often vibrates more than the ground outside and the foundation. Vet, the
DEP/OSM standard is based on ground vibration.
Most of the blasting studies of the Bureau of Mines were done by the David Siskind. The
FOlAs provided much correspondence between Siskind and other experts, some of i!
quite critical. A top official of Vibra-Tech, a leader in designing blasting technology,
said: "Any criteria...which ignores the frequency of a structure and the frequency
content of the ground motion Is overly simplistic...Your criteria, as proposed, will
neither protect the Interest of the citizen and the homeowner, nor will it protect the
blaster from alleged damage claims."
After the Bureau of Mines was shut down by Congress, Siskind became a private
consultant. He testified for the coal company that lost the Bim case. The majority of the
blasting cases have overturned his studies, and thereby the limits used by PHP and OSM.
As he wrote an OSM official on June 17,1997: "The battles 1 am now seeing are nw (1.5
in/sec versus 1 .(1 in/sec. Complainants are trying to dismiss all the science as M&sed,
wrong or nonapplieable. r-ar the most part, they are succeeding in ways that pay off."
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interi*$t3ftg|y, the 0EI* "Surface Mine Btnslin^ Singly Giiidt" acknowledges thirf the
response of the human body is greater at Sower fretptiteies: "This explains why
people file complaints even when the blasting is conducted at safe (no damage) levels."
The guide recommends seven ways io possibly reduce ground vibration, including: use
less explosive pet delay, increase the length of delay, detonate the blast away from
houses, increase the scaled distance formula. Interestingly, many of the problem blasts
violated one of those seven recommendations.
The study guide also notes that blasting complaints wil! he likely when air blasts exceed
115 dH. Ii hts nine recommendations on how to reduce air blasts, including using enough
cover over the explosives in the holes, avoid cloudy days and temperature inversions and
avoid open sides in the direction of homes. Again these were often disregarded during
problem blasts.
DBF regulations; give the Director the power to order mines to reduce blasts to prevent
harm. The regulation currently reads: "The director may prohibit blasting on specific
areas where it is deemed necessary for the protection of public or private property, or the
general welfare and safety of the public."
DEI* has tried to strengthen the language in revised regs now before the Legislature: 'The
director may prohibit blasting or prescribe alternative distance, vibration and air Mast
limits on specific areas, on a case by case basis, where research shows it is necessary, for
the protection of public or private property, or the general welfare and safety of the
public."
At DRP's public hearing in August (2000), the industry submitted criticisms, and Mike
Mace, director of the new Office of Explosives and Blasting, thinks it might not pass the
legislature. Even if it passes, the question is will it ever be used.
Darcy White, assistant chief of the Office of Explosives and Blasting, agrees that blasts
can be refined and reduced a bit. -She has found that the feque&cy problem can be eased
by lengthening the delay periods between blasts. This would eliminate a lot of the
problems. But she sees it as a continual negotiation between inspectors and the mines.
Never, she thinks, will 0EP have the authority to order the changes that are needed.
The sad thing is that these aren't nmjo: changes. Nor would the)1 result in much
slowing of production.
The response of homes can be measured before Wasting. Response Spectra Analysis is a
mathematical procedure that takes into account the structure's natural forces and the
amplitudes and frequencies transmitted by a blast, This requires firing test blasts first
Vihra-Tech'.s West Virginia office offers this service, which they sometimes use when
blasting will be near a hospital or computer operations. One hole is fired for a week, and
vibrations measured. Mines don't use it, the Vibra-ieeh official said, "tf the speed limit is
55mph, would you drive 50 mph." he said, explaining that mines only do the legal
minim urns.
OSM actually considered requiring Response Spectra Analysis, but rejected H in 19H3 as
too expensive.
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The other weakness of the DliP system ix that inspectors don't know the scope of the
blasting problems. Only a small percentage of the problematic blasts get reported to OKI*.
Some people don't know who to call or even that DEI* exists. Others give up after
being told repeatedly thai the blast "was ift compliance." Within two hours, 1 can find
the person(s) in a community keeping lists of the blasts. But thea* is no DKC policy
requiring inspectors to regularly canvass a community for problems with % mine.
From this study, ft appears that blasting could be moderated enough to reduce problem
blasts by at least 50 percent. With the recent appropriation of additional siate and federal
money for DEP, the blasting office wi!! hire about a do/en blasting inspectors. 11"
inspectors had a complete record of ail the problem blasts at every mine, they could
require modifications in the blasting until the problems abate.
Clinton Bvans. engineer for an explosives firm in southwestern Virginia, is regarded as
one of the leading experts on blasting in the Kentucky, West Virginia and southwestern
Virginia area. He has been a blaster since 1976, and his firm supplies powder to Tri-
Coimty and advises the mine occasionally. It is also doing the blasting for the Route 10
widening in Man. The firm does blasting at surface mines, though none currently in West
Virginia.
He offered many insights on why certain kinds of blasts can cause problems and kinds of
improvements that can be made. He agreed thai there are things that cart be done to make
blasting less bothersome, I will explain what he said about some of the most common -
problems,
Hinder shots, which have short holes (generally less than Hi-feet deep), frequently result
in loud air biasts. which cause complaints. Mines use these when they have to shoot a
narrow layer of overburden to reach coal. The top coal layer is usually fairly deep (50-
100 feet hclow the top of the mountain). Then there can be a few coal seams close
together with just a little cover. The holes are so short that there is no room for adequate
cover to absorb the sound. The best way to cope is to use gravel lo cover the explosive
instead of the drill cuttings normally used. His firm uses gravel for binder shots on
construction jobs. But it would be practically impossible for coal companies to absorb
that cost, he said. Barry Doss, the chief engineer for West Virginia operations for
Addington, said that mines tend to use binder shots with too many holes because they are
so easy to drill. The data shows thai smaller binder shots generally dort'l cause problems.
Kvans said thai they concentrate much more on the effects of the low frequencies than on
per particle velocity. The pet-particle reading almost never goes higher than 3 inches,
well below the regulatory Umii of 1 inch per second. However, jusi as Sam Kiger and
Freda Harris determined, the low frequencies are bothersome. "We try to change lo a
higher frequency so don't gel as high a jolt,** he explained. DHP recognises that
lengthening the delays can raise the frequency. However. Hvans also tries decreasing the
burden a foot at a time, and then possibly the spacing as well.
Air blasts that exceed 115 dB frequently cause complaints. He said the best time to shoot
when there is a potential for air blast is from noon until 2 p.m. because temperature
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inversions and clouds are least likely. However, a lot of mines tike to shoot at shift
changes arotMtd 4 p.m. Another way 10 reduce air blasts is to slow down the delays down
the rows. The data shows at least half the mines use yms delays down the rows. He said
those short delays can actually end up, depending on the design of the blast, being less
than the regulatory limit of Bms between delays. Some mines use these very quick row
shots to cast the overburden. This saves a lot of time and reduces the cost of moving the
overburden. The explosion just losses the material away from the coal.
There needs to be better training of both blasters and inspectors, he said. "One of the
biggest problems in the industry," he said, "Is that we have a lot of explosive companies
with well-trained people, but more intensive training of the blasters at the sites needs to
be done." There will be times with difficult blasts, he said, that blasters will need advice
from explosives companies. However, their resources are stretched thin, as well. Larger
mines will generally get more attention just because they do more blasting.
He recommends that at least some of the new blasting inspectors at DBF have worked as
blasters. He also advises aggressive public outreach, which is what his company does
when they start blasting in a new area.
Aitaivsis of nine mines
COWHN Kvergreen (Addington)
"It Feels like an earthquake," Bowman said. Sometimes, the Waste haw shaken the
deer heads off the wall, cracked the windows and made the house shift so doors
won't close properly. The water has drained out of the two ponds behind his house,
and he can't keep enough in the ponds for his pet fish.
Dust from the blasting filled the long mile)1 three times this summer: once in June,
once in July and again on August 2, One day it was so bad that Bowman couldn't
see to drive down the road.
Roger Holltndsworth agrees that the blasting is bad, Hollandsworth has lived in his tidy
home for 34 years. The yard is filled with flowers. Rose of Sharon and other flowering
trees and shrubs. His mother lives just up the road, a bit closer to the mine.
Like the Bowmans. his mother keeps a careful record of the Masts. After a couple years
of problems, the mine now calls her and » few other nearby residents when a blast is
about to go off. But that doesn't stop the blasts from being annoying. She only writes
down the had blasts, with notations like: "Very bad-loud-shook house."
'They are hurting us down here," Hoilandswortb said. During the summer, someone put
up a sign: "Blasting next six miles. "It will blow you off the highway."
For the most part, the residents have dealt mainly with the mine management, in one case
early in 2(Xj(), an Improperly designed Wast blew the windows out at the Falls' garage,
which is usually the closest protected structure. Mr. Palls said that some of the holes of
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one Wast had not gone off. Then when a new blast was set off nearby, the unfired holes
went off as well. This was not reported to DEP, however.
When the DEP inspector is called, he does a thorough inspection. Most of the time, he
accompanies his findings with a one-page explanation of Masting. Each time, he writes:
"Air blasts often feel like ground vibrations and are simitar to the sonic booms generated
by jets breaking the sound barrier. Air Masts over 1 ISdB are known to be irritating to
persons in the area and olten result in citizen complaints." Most of the blase it this mine
fof which there are decibel readings do exceed 115 dB. In fact. Evergreen got a violation
in April X, 1999 when it blasted 139 dB, well over the 133 dB limit
(Note: I spoke with Roger Hollandsworth in early March 20(31. He said the blasting is
much, much better now. There are still some loud blasts, but there haven't been the fumes
or the shaking of the past tew years. He said inspector Keith Evans is at the mine two or
three days a week. He has them adjust the Masts and shoot earlier in the day. Roger and
Keith visit regularly so that Keith knows how the blasts are impacting the community.
They seem to have developed a plan that could be a model for other communities.)
Of the I i 1 blasts analyzed, 47 generated problems for residents. A few were complaints
filed with DBF, while the rest were noted by Mrs. Hollandsworth or the Bowmms.
Most of the complaint? stemmed from two factors: Blasts that exceeded the sealed-
distance formula or came close to it. And the larger, shallow binder shots.
This mine most frequently exceeded the permissible limits for explosives per delay. As
the inspector noted, regulations allow this since the mine placed a seismograph at the
nearest protected structure, usually the Falls or the Hughes houses, Mr. Falls said that he
was protected from the blasts by the mountain, unlike his neighbors. The mine never
told him, he said, that it could have larger than allowed blasts because the
seismograph was at his house,
AH nine blasts that exceeded the limit caused complaints. Six triggered a seismograph,
with air blasts measuring between 124 dB and 131 dB,
Of the 12 blasts that were more than 50 percent of the permitted amount per delay, eight
generated complaints.
The other factor that appeared to cause a lot of complaints were the larger binder shots.
Because these have holes that usually aren't more than 10 feet deep, they don't shoot a
lot of explosive. But the shortness of the holes often makes them generate more vibration
and larger air blasts. It is difficult to design an efficient blast with $uch shallow holes.
The adverse impacts could be reduced with holes of smaller diameter. But 1 have not seen
any mines that use 6-inch diameter holes. Usually the holes are either 17/8 or 9 inches.
The mines say it would be too expensive to buy smaller drills.
A blasting supervisor for Evergreen said that the mine shoots a lot of binder shots
because the coal lies close to the surface in numerous areas. Of the 35 shots less than 10
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feet deep. 1 2 generated complaints. Half of those were over 9,000 pounds. Of the other
23 hinder shots that did not cause problems, oflly two were more th&n 9,000 pounds,
This mine and MirtgoLogan and Princess Beverly were ihe three that shot two or more
times nearly at the same minute. There were 1 9 shots within minutes of each other.
Twelve of those combined shots caused complaints. The ones that did not were less than
IO»(KK) pounds or a small fraction of the permitted amount per delay.
The few other troublesome blasts that were not explained by these factors had notations
on them about unusual design or problems with the blast.
1 spoke with Barry Doss, chief engineer for Addington's West Virginia mines. He said
that the major reason for the high air blasts is that this area has a lot of cloudy days.
When clouds are lorn1, the sound waves will bounce hack to the ground at wider angles.
which is why air blasts can sometimes be heard two miles away. He doesn't know what
can be done about the clouds. But he said air blasts can be lowered by reducing the
amount of explosives per hole and by increasing stemming (cover over the explosives in
the hole).
Evergreen uses a dragline, which is why its blasts sometimes exceed scaled-distance
limits and why it uses larger holes than the other mines. The dragline has to have a lot of
rock to keep working steadily, he said.
I asked htm about the shots that generated a lot of dust and smoke. If the smoke was
yellow and stnelled, the holes may have been wet, he explained, If a bl&st has to sit
overnight before being detonated water can get into the holes. The best way to avoid
problems is to load the holes and detonate them immediately.
Both Evergreen arid Princess Beverly tend to shoot two or more blasts at the same time
because it is more economical. This way they only have to clear the area once, and
generally they do the simultaneous blasts at the afternoon shift change.
The men who design and shoot the blasts don't get to go to seminars, he said. So they
rely on the expertise of the explosives company when they have problems. "There are
always minor adjustments can be made because blasting more of an art than science," he
CYCLGNK Paynier Branch Mining
"My husband works for the mines, but they can't tear up my house," Barbara Jeffries of
Cyclone, interview August 2000,
Uke Tri-County in Dingess, this is a small mine with small blasts. Yet it was frequently
within 1 ,500 feet of the community arid caused a lot of problems. The mine stretched for
about a mile, its perimeter following Route 10 through Cyclone, never more than 2,000
feet away up on the mountain.
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The complaints about Masting began to come into DUI1 towards the end of 1997 By 1999
though, people were tired of complaining, since the problems didn't seem to be
easing. Still they filed a do/en between March 1999 and
February 20(50.
"Blasting on 6-24*99 at 4:15 p.m. was extremely loud and shook her house so hard that it
scared her visiting grandson who was inside of the house al the lime of the blast." wrote
the DBF inspector about a complaint from Barbara Jeffries. Her neighbor, David
Robertson, complained on March 23, 1999: "Blasting from Paynter Branch Mining has
been shaking the complainant's residence and on 3-22-99 al approximately 4 p.m, a blast
occurred that 'shook* the dwelling hard and caused itetrus to fall off of shelves in the den
of the dwelling."
Dust from the mines was a problem, partly because the fairly large community was so
close to the mine. Though the mine is not visible from the road, its location on the edge
of the mountain was similar to the Dal-Tex mine in Blair. This allowed the dust to float
out over the houses.
The blast on Aug. 25, 1999 was particularly dusty and generated two complaints. David
Robertson took photos that clearly showed the dust. The DKP inspector wrote: "Paynter
Branch Mining Inc. has agreed to wash Mr. Robertson's house as he requested after
mining has progressed away from Hie location of the house." The mine agreed to
wash otter houses as well. Yet more than a year later, no (MUM* have been washed.
Unfortunately, the one person who was keeping a log of the blasts threw it out because
the mining was ending and she saw no tise for her records. This is the one mine, where
the complaints are based solely on complaints filed with DKP.
However, this mine was one of two that regularly seismographed the blasts. It did seem
that the machine was close to one group of homes and not to another. The blasts were
loud enough to trigger the seismograph 30 of the 35 times that the closest structures were
houses 57.88 or 9! (all near the Jeffries and Roberts). It did not trigger when the Wast
was closest to house 152.
Interestingly, ail hot five of the 35 air blasts recorded were over 115dB. Several DKP
inspectors have said they found complaints start coming in when air blasts are over 115
dB.
The DBP inspector was quite thorough. After one of the fir$t complaints in late 1997. he
wrote a letter with his findings. This lime, he found that the mine was using the wrong
closest structure. The log said tt was 1,800- feet away when it was actually only 1.400
feet. This reduced the allowable amount of explosive per delay from 1,070 pound!! per
delay to 648 pounds per delay. Then the blaster timed the shot incorrectly, causing 1,200
pounds to detonate instead of the 648 pounds.
WHAT THE DATA SHOWS
We reviewed 103 Masts, of which nine generated complaints to DEP. Without a more
complete list of problem blasts. It is somewhat difficult to determine what is different
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about the Masts thai did cause problems. However, the presence of seismograph data is
helpful-
Location of the blast appeared to be one factor. The complaints only came when the
blasts were in just seven of the 80 grids where blastin| took place. The blasting togs
require mines to include the grid numbers. Grids look like a graph paper and UK letters
and numbers generally start in the top corner at the left, just like in a spreadsheet. So the
grid will read J-19 or NN-46. Ail the grids where bothersome blasts occurred were
towards the center of the mine: J~! 9 through 00*41.
As noted above, the air blasts were particularly high here. The highest (132dB) occurred
on the day that Barbara Jeffries said the house shook so much it sewed her grandson.
Interestingly, the majority of Masts that caused complaints were detonated in the
direction of the nearest protected structure, even though OEP recommends detonating
away from homes in order to reduce vibration.
The data on the frequencies of the blasts is also enlightening. The Bureau of Mines has
found that frequencies between 4 and 11 Hz can magnify the
shaking feelings if the house is responsive to the frequency of the blast. Most
of the frequencies from these Masts were between 7 Hz and 11 Hx.
DINOESS Tri-Connty Coal
Perhaps the smallest of the nine, this mine stretches along Hie ridges of the mountains, that
hug the northeast side of County Route 3 through Dingess. Two local men bought this
permit from l*en Coal a couple of years ago and are operating a contour mine without any
valley fills.
Blasting problems have been associated with the large, mountaintop removal jobs where
blasts can be 50,000 pounds to 250,000 pounds and even as much as 1 million pounds.
Tri-C'ouniy refutes that theory and shows the complexities of blasting. The largest Wast
we recorded was 43,942 pounds, with nearly half less than 10,000 pounds.
Stanley Marcum, a disabled miner in his 50s. lives where he was born, in a two-story
house on the banks of the West fork of Twelvcpole Creek. Steel blui. the house has
been carefully restored. Birds gather at the feeders near rhe creek bank, and Marcum built
a garage a few years ago His wife has a beauty parlor in the rear of the house and is
borne most of the day.
When Pen Coal was blasting about half a mile down the road three years ago. Marcum
did complain to OliP a few times even though his home wasn't among the closeil. Last
year and this past winter, his house was frequently just about the closest to Tri-County.
Blasting was occurring on the Hdges lying to the northeast, across the creek and road
from his house. Only now, he was reluctant to complain because he had gone to school
with one of the owners.
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Still, his wife kept careful track of (he blasts, noting down the ones thai were the most
bothersome. Marciirri believes the cracks in the foundation have grown worse because of
the Masting. He showed me how the bottom wall of his living room hows outward into
the room. Whether these irregularities were caused by blasting will be up to an engineer.
What is clear, though, is that the blasting is annoying and sometimes scary. The house
just shakes and shakes, according to Marcum and his son.
The Matcura family has been working in the mines for decades. Stanley worked as a deep
miner at Marrowbone for mote than 20 years. In the early 1990s,
Marrowbone ousted the UMWA, hut Marcum stayed on. He had the misfortune to be in a
mine fall, breaking his back iff several places. Though he is fortunate to be able to walk,
he can't go back to work. The mine paid the medical bills for his accident, but he is now
like many disabled miners in their 50s and early 60s: without medical coverage until he
reaches retirement age. Mareum's son drove a coal truck at Pen Coal, hut recently
switched to driving for Marrowbone.
A ntw permit for Marrowbone's mountairttop mine is approaching Marcum's house from
the southwest. The pond for the valley fill wilt he about 3
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It would seem that Waiting at this mine would have benefited from closer attention from
DBP. Numerous blasts were listed on the log as 1,0(K) feel from the closest protected
structure. However, the name of the owner was never given as it is at most other mines. It
Is quite possible that some of the Masts were actually within 1,000 feet of homes and
would have required site-specific blasting plans.
There were no complaints tip to March 2000. A few complaints were filed after that But
became there had been no previous complaints. It appears that DEP did not pay
close attention to the blasting,
This is the one mine where management seemed to genuinely want to try to lessen the
impacts of the blasting. In fact, the mine manager asked me to tell him if I found any
reason why the people were having problems with the blasts,
After the mine received complaints from people soon after starting up early in 1999, the
powder company studied the vibration patterns and recommended altering the
frequencies. It appears that the delays were lengthened on many, hut not all, of the blasts,
Unlike other mines, the blasting logs sometimes seemed as if ihey were carbon copies. As
we were inputting, we sometimes Felt like the blast from the previous day had just been
copied onto that day's log. Perhaps, they did shoot nearly identical blasts on consecutive
days, hut it seemed odd.
Bill Dye, the mine manager, said the complaints in April-June of this year resulted from
an unusual rock formation. The blasters unexpectedly encountered fractures as large as 6
inches in the rock. They had to increase the powder in order to try to break up the rocks,
some as large as houses, Ikit the fractures and increased amount of powder made for
larger air blasts, he explained. There was no way, that he knew, to discover the fractures
before shooting. He said ihey tried to tell residents whai was happening,
1 asked him whether the mine could afford to shoot less per delay. He said that ihey tried
to break the shots up into two or three smaller groups when they are-close to hosses.
However, he said, that it would probably cost too much in time delays to do that with
larger shots further away from the community. They do try to do preline, breakup and
production shots, and have minimised the shots as much as possible.
He said that community residents are nderstanding if they are called ahead of time.
However, H would be difficult, he said, for a mine or DEP to survey a community io
discover the fw!! extent of ihe problems.
FOSTER Elk Kan Massey
Dickie Judy could be the poster child for blasting. For six years, he has gone to
every level of state and federal agency and governing body. Amazingly, most agree
that the blasting from the mine is causing problems. Vet, none want* to order
something done.
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Dickie .lirdy builds houses for a living. So when H came time for his dream home, he
wanted everything perfect. The location is idyilic, more than 100 acres at the end of
Foster Hollow in Boane County, an ample flat iawn, and even a visiting hear. He let the
large while colonial settle a year before moving in—only 10 be greewti with a notice that
he needed a pre-blast survey.
The survey was done in September 1994. Another survey was done of Judy's older rental
house nearby. Within a few months Judy filed his first of years of complaints. Bill Cook
has been the DEP inspector the entire time. After nearly two decades with the forestry
department, he had moved over to DKI* with an unusual enthusiasm for enforcement. He
jumped right in and issued a violation: "failed to prevent damage to private property
outside of the permit area; Elk Run Coal Co. must provide a list of repair* that it is
willing to make and a time frame for such repairs by Friday 3/24/95."
On March 30. 1995. OSM inspectors Mike Supertesky and Richard l:rarfer inspected the
Judy's two houses along with Bill Cook. About the older house, OSM found: "1 totally
agree with the VVV DfiP that it is obvious that the paneling separations in three different
rooms of the house was caused by blasting; it is also obvious that the age, type of
construction, and type of foundaiioa make this older structure more vulnerable to both air
and ground-induced loading. The dynamic response of non-conventional pier or rock
footings afld non-convetttiortii! floor and waii framing to ground vibration is
different from that normally expected In the more conventional system; therefore a
larger scaled distance factor is required to insure protection of a non-conventional
structure."
About the Judy's new house OSM wrote: "has also sustained additional cracking from
the time of the pre-bhst survey conducted in September, 1994. Currently many of these
cracks are considered minor or threshold cracks, particularly the cracks in the room
corners and at the intersection of walls and ceilings; however, there are documented
changes in the xi/e and number of cracks since Masting commenced. Based on the age
and the excellent quality of the design and construction of this house, it is evident that
this house can resist greater air or ground-induced loading than the older, non-
conventional house. It is also wry possible that in addition to air blast, this house is being
subjected to low-frequency ground vibration that are near the natural frequency of single
family frame structures and particle velocities could be amplified within the structure."
And this was happening when the blasting was 5.000 feet away.
DEP inspector Cook issued three violations for blasting, which forced DKP to issue a
cessation order. Massey appealed to the Surface Mine Board, which overturned the
blasting violations in July 1995.
Next OSM issued a Ten Day Notice on August 8, 1995, saying that lilk Run failed to
conduct blasting operations so as to prevent damage to private property outside the
permit area. In December 1995. OSM issued a violation and ordered Elk Run to improve
its Masting designs. In March 1996. Federal District Court ruled in Elk Kurt's favor and
overturned the OSM order.
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Meanwhile Judy had gone to Washington, D.C., to testify before Congress about the
harm of cutting OSM's budget, which happened anyway.
Interestingly, his case became a dilemma for OSM's Nationwide Blasting Work Group in
early 1996. OSM had found damage at the older house at a vibration of .2 inebesfceeond,
Blasting regulations are based on the theory that no damage will occur below 1
inch/second. Since the Work Group has not issued a final report, the resolution is a
mystery.
OSM made another inspection on April 2, 1997. After finding two air blast readings of
12KdH. the inspector recommended more stemming (cover over the explosives in the
holes) and smaller diameter holes. It appears that holes were reduced from 9 inches in
diameter to 7 and 7/8 inches only about a third of the lime,
In the summer of 1 998. Dickie Judy hosted a lour of the legislative committee studying
blasting. He also lobbied the legislature for better laws,
After a series of particularly hard Masts last Fall, (then) DEI' Director Mike Castle issued
an order that air blasts should be reduced. However. Massey threatened to sue. and 0KF
backed off the order. Instead, Darcy White and Jim Miller of the Office of lixplasives
and Blasting convinced the mine to submit a revised blasling plan, which included longer
delays and shots in sections. In March 2WX), the mine gol a new manager, Mike Snelling,
He said he could minimize the complaints, but not eliminate them. However, from the
Spring through November, the blasting and mining was being done in an area ol' the mine
far away from the Judy's home. Inspector Bill Cook said they won't be able to determine
how much the new blasting plan has helped until the blasting comes closer to the homes
in a few months.
Most recently, the engineering expert tor Bailey & (Hasser found that Judy's home has
$5.000 in damage from blasting. However, it is too small an amount for them to take on
as a lawsuit. Mike Mace, director of DEP's Office of Explosives and Blasting, refused
to order the mine to fix the damage based on the engineer's finding.
Dickie Judy doesn't know where to turn next.
WHATTHli DATA SHOWS
We examined 8K blasts of which 23 caused problems. Hrst. this mine lias the biggest
blasts. Of the 88 blasts. 37 were more than 100,000 pounds. livergre«n, the next largest,
had 20 of It I over 1 00.000 pounds, Granted, large blasts can be barely noticeable if
properly designed. But the Judys repeatedly characterize the blasts as feeling like
they are being blown off the earth.
More than half - 42 blasts - were more than 1 .200 pounds per delay, the only mine to
shoot such a high percentage. Regulations permit such large shots because the blasting
was usually between 3,000 and 9,000 leet of the Judy's house. However, when the large
amounts were shot within 4,600 feet, there was usually a problem. Those blasts include:
1.954 Ibs/delay at 3,200 feet. 2.85S lbs,/dclay at 3,500 feet and 5, 162 lbs./delay at 4,300
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In fact, 17 of the 23 problem Masts shot more than I .900 pounds per delay. !;our of the
other 6 problem shots were binder shots.
Hinder shots were a problem at this mine, as at all the others where they ate used. This
time, otily about half the hinder shots caused problems. All those that did cause problems
were 9 inches in diameter. Several of the less bothersome used both 9-inch and 7 7/8-inch
holes.
KISTUiR Bamlmitl Massey, formerly Pittson
For more than three years, Everett Dickerson of Kisller kept carehil records of the
blasts at the Pitlson mine on tin mine above his house. When his neighbors started "
to have blasting problems & few blocks away, he showed them how to make lists, too.
But now Dlckerson has given up. The lists and complaints didn't do much good. The
only thing that might help now, be says, would be a lawyer.
This mine, which was owned by Pittson until mid-1998, stretches along the top of the
mountain on the north side of Route 10, reaching from Taplin to Kistler. The mine ceased
operation for about a year while it was being sold to a subsidiary of A.T. Massey but
reopened early in 1999.
About 110 bowses in Kistler and Taplin are within half a mile of the blasting, Ristter is a
tight little community with houses close together on narrow streets. Several residents
described the blast as reverbcratuij! through the neighborhood.
"Blast today at 8:36a.m. shook trailer and scared everyone in the neighborhood,"
Cornelia Morgan told the OliP inspector on April 2.1,1998.
I .arry Conn, a teacher, told f)F,P that the blast shook their house on March 6,
199H. "Very upset that blasting seems unregulated."
The DfiP inspector was not as assiduous as those for Evergreen and 1'aymer Branch. But
his investigation of the blasting complaints did shed some light on why particular blasts
caused problems. When Larry Bragg complained that a blast on Aug. 21. 1999, "shook
his house really bad." the inspector noted that the blast included "pre-sptit holes, which
are usually very loud." A number of blasts examined were a combination of pre-split and
production blasts.
Interestingly, a month before thai problematic Mast on Aug. 21. the inspector had
recommended that the mine "use more delays in pre-split shots to cut down noise levels
and reduce number of complaints," It doesn't appear that the delays were changed.
Larry Conn reported that the Mast on March X). 1999, shook his house. The inspector
wrote that the blast was "on a point with two open sides and weather was cloudy with
light snow contributing to increased air blast."
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As for the blast on April 23,I99B that scared everyone, the inspector found it WM "parts
of three holes un-detenated in previous blast. Would have been very loud."
WHAT THi; DATA SHOWS
We examined 182 blasts, of which 51 caused problems. This mine was different from the
others because we examined blasts in 1997 and 1998 as well as 1999 and 2000. This is
because the mine did not operate for part of 1999. and people had given up keeping
complete records by 2000. We also tad to use a diftereitt kind of blasting log, with
different information for the 1997 and 1998 blasts. Mine officials could only find the
records kept by the Wasting contractor, but not the official logs that were kept when the
mine had a different owner.
Them seemed to be four factors associated with the problem blasts: location, amount of
powder per delay, combined pre-spJit and production, and unusual shots.
This mine had the third largest blasts, after Elk Run and livergreen. When the blasts were
the closest to houses (3.600 feet), the problems came from those of more than 900 pounds
per delay and in just two of the grids.
With the older blasts, the problem ones usually were again in just a dozen grids and had
higher powder factors (more than 1 and us high as 1.5). There were a few other blasts
with high powder factors in those grids. But they were mostly just production shots, and
did not pre-split at the same time.
As the DEP inspector noted, pre-splil shots did prove to be troublesome most of the time.
Of the 29 combined production and pre-split shots among the 100 older shots, 22 caused
problems.
AMEAGLK/COLCORD/DOROTHY Princess Beverly (Addingum)
When you watch a blast go off from the top of Kayford Mountain, it seems like it is in the
middle of nowhere. And the blasting logs note thai for nearly every blast Stanley Park is
the closest protected structure (usually 2,700 to 3,900 feet away). This is the cemetery
and campground atop Kayford that was preserved by Larry Gibson.
But the map shows that the southern end of the mine follows Route 1 as it winds along
from Whiteseville to Dorothy to Arneagie, Nearly all the blasts take place southwest and
south of Stanley Park, putting them less than a mile from Route 1. And it was the Litos
brothers, George and Manuel, who kept lists of lite blasts that seemed bothersome at their
store along Route 1 between Colcord and Ameagle. They even filed a complaint on Sept.
16, 1999 that the blasts vibrated their windows
A couple do/en other complaints have been filed about the blasting. But some people
didn't know which mine was blasting, and didn't know how to contact DEP.
The complaint investigations were only cursory. The only significant finding by the
inspector was that the Sept 16 blast was actually two shots fired in close succession. The
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inspector noted this "creates mere noise than normal, but would not be out of compliance
according to the (sealed distance formula."
In fact in another complaint investigation, the inspector wrote: "In the case where if is
believed that blasting has caused damage, the DEP's jurisdiction falls within one half
mile of the blasting site. According to current laws and regulations, any structures outside
of one half mile are not considered in danger of blast damage."
WHAT THE DATA SHOWS
We examined 106 blasts, of which 5? were noticeable enough to be noted by the I jlos
brothers or cause a complaint.
Again binder shots were a factor, with 19 of the 30 being problematic. As the inspector
noted, sometimes two blasts went off nearly simultaneously and fairly close together.
This happened 14 times, and nine caused problems. Three of the others were small blasts.
Generally, it was the blasts with larger amounts of explosive per delay that caused
problems. The closer they were to the eomiftunities (and tether from Stanley Park) the
more likely the larger Masts were to cause problems. For example, there was not a
problem with a blast of 1,392 pounds per delay when it was 2,500 feet southwest of
Stanley Park. But there was a problem when the blast was 3,200 feet southwest of the
park arid had 1,386 pounds per delay.
This was one mine, though, were there was more variation in delays. Theoretically,
longer and more delays will moderate the ground vibration. At this mine, longer delays
did seetn to make a difference in some of the blasts.
For example, on March 8,1999, a blast of 1,200 pounds per delay went off 3.750 feet
southwest of Stanley Parlc. It did not cause a problem and had delays of 9 IBS.. 200 ms.,
and 600 ms. A blast that did cause problems on March 43,1999, was located in the same
area and shot 1,294 pounds per delay. It only had delays of 9 ms. and 200 ms.
PIE Mingo Logan. Arch Coal
Deborah Hatt'ietd has taken her most precious photos and knick knacks off her walls. Too
many times, she says, things have fallen off and broken when the mine behind her home
let off a blast. One morning in September of 1999. the house shuddered and pictures
shook. Quickly she called the 13EP I-ogan office. By now. she knows the number by
heart.
The Wasting is actually just the most recent insult from the mining. For five years, the
Hatfietds have suffered though one of the worst cases of subsidence from the long- wall
mining under the Pie area of Pigeon ('reek. The cement steps on the porch shifted, their
lawn sank, numerous cracks formed and their well went dry. So it's hard to tell which
damage is coming from blasting, it certainly is annoying, though.
Patricia Bragg, the lead plaintiff on the valley fill lawsuit was dragged out of her quiet
life as a housewife six years ago when her next-door-neighbor's well went dry just as she
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moved into her new house. Trish was ahte to get replacement wells for a couple dozen in
the commimtty. She avoided subsidence damage, and Hfc with the Mine was not overly
eventful for a couple of years. Then the blasting begun. Her house is older, and the roof
has begun leaking. Whether the Wasting has caused cracks and shifting is yet
undetermined. Jtisi recently, though, the mine offered her (as required) a subsidence
survey. That way they would know how the house appeared before long wall mining
began underneath.
Over Tabor Day weekend, there was not one, but two washouts from the sediment ponds
for the valley fill up Nighway Branch behind the Braggjt and HatfieJds. DKP determined
that the mine had not cleaned the sediment and mud out of the ponds, and the muddy
water washing off the unfinished Fill had no where to go except down Nighway Branch.
Bragg's home was spared, but the water went up to the second step of her neighbor's
porch (the same one who lost the water six years ago).
It'i getting hard to tell where the damage Is going to come from next in this little
community.
WHAT THH DATA SHOWS
We examined 154 blasts, of which 51 caused problems. When we went to look at the
logs, the mine official gave use three sets of files for three different permits. We found
that the mine sometimes blasted twice or even, a couple of times, three times within two
or three minutes. The mine official said he did not know that was happening. Every one
of the 12 occasions that we found resulted in a problem blast
The Bragg house is about 5(50 feet southwest of a house that was used as the closest
protected structure in al least half of the blasts. This is another mine that shoots a large
amount per delay. Ninety of the 154 Masts were more than 600 pounds per delay. Of
those, 35 caused problems. A few of the non-problem blasts were about 5,OCXS feet from
the nearest protected structure.
But what seemed to make the most difference was timing, DBF maintains changing
timing cart make a significant difference. In fact, it is the one change DEP has
experimented with. All but seven of those that caused problems used only two different
delays. They varied: 100 ms and 42 nig, 100 ms and 9 ms, or 42 ms and 9 ms (all with
500 ms. down holes). On the other hand, 30 of the 55 larger blasts that did not cause
problems had more delays, generally 9ms 42 ms and Iff) ms, with 500 ms down holes.
The seismograph triggered on 16 of the problem blasts. The frequencies of 12 btasts
were within the 4 H't to 11 Hz range can amplify the shaking of a house. Only two air
blasts exceeded 115 dB. however. This mine only had a couple of binder shots with one
causing a problem.
VARNKY White Flame
When White Flame blasts on the mountain above Varney Grade School, there's often a
palpable shudder at Judy Justice's home, about half a mile southwest of the mine. At
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Jackie Keek's house, which is on the road up to the mine oft the southeast side, things
shake on the wall when the afternoon blast goes oft He's heed considering trying to
videotape the movement. Keck did some blasting whiie in Vietnam and other stints in the
military. He thinks the solution would be to do a series of smaller blasts, like sections,
instead of one big blast That way there would he smaller amounts of compression to
dissipate.
Several people have filed complaints, and Justice kepi a detailed log. which often says
whether the Mast was light or hard. As a condition of its permit, White Flame also had to
seismograph the blasts, so there is an extensive record of air blasts and frequencies.
The problematic blasts often seemed the ones with air blasts above 115 dB. Harold Ward,
one of the DEP inspectors for Uie mine, said thai over the past few years they have found
complaints start when blasts go over 116 dB,
Justice believes her home may be more susceptible to the low frequency ground
vibrations because it is newer and built on solid rock. Its natural frequency could be
closer to that of the Masts. Indeed, the frequencies of the blasts are generally in the 4 to
11 Hz range.
WHAT THE DATA SHOWS
We examined 134 blasts, of which 63 caused problems.
Air blasts were one Factor, (M the 25 problematic blasts for which there was a
seismograph reading, 20 were 115 dB or greater. Of die 71 that did not generate
complaints, only 16 were large enough to trigger the seismograph. Of those only five had
readings of 115 dB or larger.
Amount per delay was also a problem. Of the 42 blasts of more than
7(M) lhs./delay. 27 generated a complaint.
The frequency readings are quite revealing. Thirty-five of the problem blasts generated a
frequency reading. And 28 of those were wilhin the 4 to 11 Hz range that OSM has found
to amplify the vibrations of a house, Only 16 of the non-problem blasts generated
readings, and only 4 of tha« were with the susceptible range.
The DEIS should document Uie numbers of non-miners who Jive in MTR regions and have
hjreathiog-relafed health problems such as asthma, and coal-dust-related disease such as black
lung, lite problem with coal dust is related* in part, to coal trucks (me below) and coal trains.
Now that trucks am more frequently tarped, coal dust is less prone to roil off the vehicles. But, it
still roils off coal trains, often time directly onto nearby homes. (Non-coal dust is still a huge
problem with coal trucks, see below.)
Coal dust problems associated with coal processing plants are perhaps best documented for the
town of Sylvester, W.Va.
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Jury finds Massey subsidiary liable in ami dust case
By Martha Bryson Hodel. Associated Press Writer, Feb. 7,2003
MADISON, W.Va. (AP) -- A jury on Friday ordered a Masscy Energy subsidiary to pay
residents of it coalfield town about $ 1 Million in economic damages caused by coal dust
falling on nearby bouses, vehicles and other property. However, jurors did not award any
punitive damages.
The six-person jury deliberated about 1&I/2 hours over lltree days before delivering its
decision agatnsl E!k Run Coal Co. in lioone County Circuit Court.
Tlie verdict came in a lawsuit filed by more than 150 residents of Sylvester who claimed
Blk Run's operation, located no more than 750 feet from some of their homes, has
destroyed property values, making it impossible for them to sell their homes and move.
Residents had submitted 110 individual damage claims seeking total economic damages
of at least $3 million. Jurors awarded a total of about $ I million, said plaintiffs' attorney
Brian Glasser.
One plaintiff, Mary Miller, said Sylvester residents have been "prisoners in our homes"
because of coal dust felling from Hik Run's operations.
"I don't want money. My goal is to stop the coal dust so we can live our lives again,"
Miller said.
Jurors found that Elk Run had created a nuisance and had negligently harmed the
plaintiffs. The Jury also determined that Elk Run had failed to comply with federal and
state surface mining laws by failing to control air pollution or failing to protect offsite
areas from damage from its operations.
However, jurors declined to award punitive damages, saying Elk Run did not act with
intentional or feckless disregard.
Jurors also answered an advisory question that gives Boone County Circuit Judge Lee
Schlaegel the authority to place 13k Run's operation under the court's supervision. Jurors
said "yes" when asked if Blk Run Is creating a nuisance that is causing damage to any of
the plaintiffs.
It will be up to Schlaegel to decide whether to order court supervision of Blk Run's
operation.
The trial started in October and jury deliberations began Wednesday.
Because the jury found that Blk Run had violated the federal Surfacing Mining Act,
residents will ask the court to order the company to pay an estimated $2 million in legal
fees and costs associated with bringing the case to trial, Glasser said.
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He said residents also will ask Schtaegel to require KDt Run to Implement adust control
plan the company outlined during the trial. A hearing on the company's dust control
requirements could he held within two weeks.
That p3an would include covering coal conveyor belts and truck and rail loading points
The number of trucks hauling coal into the ptant would drop from 35,000 to 7.000 a year.
Kesideftts also want the judge to order thai the trucks carry no more than 80,0*30 pounds.
the legal weight limit on most stale roads.
"If it's good enough for court. it's good enough for them to follow," said CHasser, whose
firm has been working on the case for five years.
After the verdict Glasser told about 50 plaintiffs: "This will provide some insurance that
you won't have to put up with this in the future.*'
Another plaintiff. Pauline Canterheiry, said she was happy wish the verdict btit feared
residents would have to continue to police Elk Run.
"I wish 1 can say no to that question, hot they are people you just can't talk to, and they
have been from day one," Canisrberry said.
M&&sey Energy spokesman leff Gillenwater said he had not seen the verdict and cootd
not comment.
Sylvester residents in the audience applauded the verdict as the jurors were excused.
Unfortunately, Sylvester residents are reporting that the problems are not yet solved. Can the
DlilS possibly document the social arid cultural tol! associated with living in a coal-dust coated
town? We repeat, the numbers of people suffering illnesses that could possibly be related to both
short- and long-term exposure to coal dust should be documented in the DPIS. How can the FJS
assign value for lost time and increased ag& ravaiion for people who have to clean their homes
daily? Sylvester residents relate having to wash previously washed dishes Iteforr meals because
duM has settled on them, Hderly people put their health at risk when they undertake frequent,
vigorous cleanings of their homes' walls and roofs. Also related to coal dust is property
devaluation. Property values for homes and other buildings before and after MTR encroached on
a community should he included tit the nii£S, Stress again comes into play— both young people
and the elderly residents worry that their homes, for which they have worked their whole lives,
will be valueless should they have to sell.
Th% dttst/r&ffi the big trucks and from tke trfffffc g&ing into ifa? mines Is awful and the
company knows it '* anful,, but I almost h&w t& bt>$ the company to put d&wn water to
settle the dust The forge xttpply trucks g&ittg tt> the mm?.*! are sfowfy breaking down the
trms bnd$$, which is the cetmrnunity ',? only outtet to the mam highway. — Rich&rd
Bradford ($m beiow; " Comments frt>m imttvlditah. "}
Much publicity aad political posturing has suntwnded the issue of coal tracks in southern West
Virginia's coalfields. While the issue is not solely a MTR issue, it is partly. Where coal is
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shipped by truck from MTR mines, the DEIS should examine associated social and cultural
impacts. As with all MTR issues, die impacts on peoples' health should he quantified Hear,
worry and stress arc big aspects of this issue—which take a real toll on human health. Since
people driving the narrow, winding mountain roads have been kilted by coal trucks, fear is not
unwarranted,
Coal tracks also induce noise-related and other stresses for people who live near coal-preparation
plants. For instance, people living along Rt. 65 near the Delbarton Mining Company (in a
scenario repeated all around the coalfields) have u> put up with intense coal truck traffic. (A
Masscy Hncrgy processing facility there apparently processes both underground and MTK-mined
coal.) Tracks literally rattle the houses all day. from early in the morning until late at night.
interrupting sleep. Mud the trucks' tires gather while traveling on (he processing plant's unpaved
roads dries to dust and flies off the trucks, coating peoples' homes. Sitting on the porch is no
longer an option. Garden vegetables are covered in dust. Some people have abandoned
summertime back yard barbeques. A walk across the street to get one's mail is perilous, as is
pulling out from one's driveway onto the road. All these factors increase stress, and therefore
health problems, for coalfield residents. Properties are potentially devalued.
Also, as with all MTR issues, people suffer from disenchantment with the political process.
Coalfield residents feel their voices are ignored, while coal industry lobbyists get their way.
Indeed, citi/ens attempting to lobby their legislators on this issue have had doors closed in their
faces and have had to sit through legislative hearings where legislators openly consult and
consort with coal industry lobbyists. Politicians are so obviously in the pocket of the coal
industry that citi/ens lose faith in the political process. The DEIS should attempt to examine
what this means for society's future.
In a .lime II. 2(X)2 Charleston Gazrtie article by 1'aul Nyden, "Coal track debaters meet at
Riverside High School: Citizen arguments pit safety against jobs," Prenter Hollow, Bonne
County. W.Va.. resident Pally Sebok is quoted as saying that most residents did not favor an
increase for coal truck weight limits' "Since most southern [West Virginia] residents and the
northern truckers and residents do not want a weight increase, it seems to me that the eiti?ens are
not cum'fltly controlling our state government.
"Instead of government for the people, by the people and of the people, if appears as if it's
government for the coal companies, by the coal companies and of the coal companies."
Another issue thtt the DEIS should examine, quantify and report on is the externalized costs thtt
taxpayers pay when coal tracks from MTR mines damage roads and bridges.
Hernshaw residents flgMIng coal trucks; Attorney general, delegates otter to help
with effort
By Brian Bowling. Charleston Daily Mail, Sept. 21,2001
Hernshaw residents tired of coal trucks breaking state laws and endangering their lives
developed a two-pronged strategy for solving the problem.
One prong is Delegates A. lames Manchiti and Mike Caputo, both D-Maiion. The other
prong is Attorney General Darrcll McOraw.
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More than 70 residents squeezed into a basement meeting room at the Hernshaw
Methodist Church Thursday evening for a 90-minute strategy session.
Randall Boyd, the resident who organi/ed the meeting, said residents are tired of dodging
speeding coal trucks, having chunks of coal and strips of recapped tires striking their
vehicles and eoal dust coating their houses and lungs.
'Tffi not against coal mining," Boyd said. "Fm not against trucking. But it has reached an
unreasonable level."
The residents agreed on several goals including a petition drive to gather 5,000 signatures
supporting changes in state Jaw to make it easier for state weight-enforcement officers to
document that coal companies are deliberately overloading coal trucks.
In imitation of John Hancock signing the I3ec!aration of Independence, Manchin signed
one of the petitions in large handwriting.
"There'll be no mhtake where we stand, eh Mike?" he said to Caputo.
Manchin said they attended the meeting at the behest of the United Mine Workers and
assured citizens that they would back (heir efforts even though no one in the room could
vote for them.
"Whatever it takes, we're going to try to gel il done," he said,
Most of the coal tracks traveling W.Va. 94 through Hernshaw come from Masscy Energy
Co. mines. The union is campaigning against the mostly non-union Massey to highlight
how its operations affect coalfield residents.
The residents adopted Boyd's proposal that they hold a second meeting when the
legislature is in Charleston for its October interims. While the focus will be on talking
with the Kanawha County legislators, Boyd said they plan to invite all 134 delegates and
senators.
Cam I .ewis, head of the Division of Highways' weight-enforcement program, said he's
been trying to get the authority for years to use coal loading and unloading records.
"This is the first lime in years that anyone in the legislature has shown any interest." he
said.
He also suggested residents push for a tarp law that would require coal trucks to cover
their loads. Currently, an enforcement officer has to actually see coal falling off a truck
before he or she CM cite the driver for having an unsecured load. I ewis said.
Meanwhile, McOraw told the group that his office could seek injunctions against the
companies selling and buying UK coal as well as the (rucking companies for conspiring to
break the current state law limiting trucks to SO.(XX) pounds.
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Once a judge issues such an injunction, all te computes irwolved become subject to
fines and contempt of court actions if they overload another truck, he said.
Before his office cm act, however, it has to receive authorization from the governor.
Coal truck safety weighs on minds of area residents
By Charles Owens. Bloefieid Daily Telegraph. August 10. 2003
WELCH - When a coal truck snagged a cable line outside of Jerry Duncan's home in the
small Filbert community, the man realized that congested coal truck traffic along the
narrow County Route 13 was letting a little too close for comfort,
"They hit the line that crosses the highway, and it jerked it out of the room that t had
fixed for a television room," Duncan said. "It just jerked that cord out and ended up
turning it loose, and it actually jerked the videocassette recorder around. I guess it was
jerked out of the little cabinet it was in."
Duncan aid the coal (ruck dragged the cable line about 75 feet down the road just past
the residence of Giry Mayor Henry Paul. The incident happened last year, and it wasn't
Hie first lime a coal truck damaged the man's home.
"The coal trucks also ripped the glittering off of the side of the house once," Duncan said.
"I was laying in bed, and all of a sudden 1 heard a thump and a roar."
Duncan, and many of his neighbors, have fou$ht in recent years to keep coal trucks off
Route 13 between Gary and Filbert because it is difficult for vehicles and coal tracks to
pass etch other on the small and narrow road.
"It's too narrow for two cars lo pass - not to mention atruck," Duncan said. "We don't
really need those coal trucks right here. The sidewalk is actually up against the side of my
house."
"Me and most of my neighbors live between four bridges that are 16-ton weight limits,
and they are already cracking on both ends that connect to the highway," New said.
"That's due to oM age and years of overweight coal tracks. My concern is one day we are
going to wake up and not he able to get out of here. But our main concern is lor the
safety of our citr/^ns here. I would say 80 to 95 percent of the folks who live here in
Filbert are all retired. This is more like a retirement village."
Neve said mud and dust from coal trucks also is a problem in the Blbett community.
Comments from todMdaals
Below are comments (italics added for emphasis) from individual coalfield residents (and a few
non-coalfield residents) as given to Coal River Mountain Watch, Delbarton Environmental
Community Awareness Foundation and the Ohio Valley Environmental Coalition (original
copies enclosed). Many of the people who gave comments to these groups may twt have made
their own individual comments directly to EPA. Nevertheless, they wanted to share their
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thoughts oft MTR for inclusion in our DHLS comments, Plfaw pay ytecMl attention to the w>/tv>v
afthf afftcJut pfnplt, Thest wonts tell the story nfMTR that the DKtS fails tn tloetimfnt,
As you read these comments, please watch for recurring themes, Fear and anger are real in the
MTR regions. These emotions are not to he dismissed because they are, weli, emotions. They
arise from the reality of life in the shadow of MTR operations. They arise from facts—health
problems, flooding, blasting, political margmalization, loss of culture. They have a real toll on
society and culture in the coalfields, which the DEIS must document and address.
Blackwater spills, fear for livts
My name is PaLsy Carter and I live on the Tug Fork River. As I watch the beautiful green river, it
makes me feel so peaceful and relaxed, then all at once the river turns block from a Massey Coal
sludge spill. I am not against coal mining, but we need to deep mine coal and mine responsibly.
Them is no need to destroy these mountains and streams and our children's future to mine coal.
f fear for my life and ray family's life when it rains. I think of ways to run for the hills for my
life, from the floods caused by strip mining. I plan to keep my family pictures close to me so that
I can save them.
The strip mining is taking everything from us and our children. They wili have no future and wilt
never be abie to live as true mountaineers as we have and that is part of our children's heritage.
Under this blackened, horrible life we are forced to live with, because of irresponsible mining -
this has made our state "Almost Hell" - instead of - "Almost Heaven." The people in 1 ,ogan and
Mingo county need to wake up.
Stop Mountaintop Removal and stop valley fill mining—stop filling the headwaters of our
streams.
--Patsy Carter
Blasting damages
Mnnme has lived here for 55 years and hatln 't htut any probltms like this:
Mirrored tile fell in bathtub. Had tfl put up new shower wall.
Water now seeping in basement. Wall cabinet fell - broke all my dishes, (basement).
Had to buy new dishwasher and oven doors wouldn't shut.
Had to have main door repaired. Wouldn't shut enough lo lock.
All doors inside house including cabinet doors won't shut good.
Ceiling tile on sun porch falling,
Moor hooved up in living room, dining room and bathroom.
Walls in 3 bedroom bowed out Tile and mirrored tile in bathroom coming down.
Had to screw paneling back in 3 bedrooms where it came loose.
Counters unlevcl now. Furniture stayed. Covered with dust. Pictures wont hang straight now.
All windows have to be screwed shirt. Have white shingles on roof, which is now black.
Since '95.1 have had 3 heal pumps put in.
Blocks in riMement cracked. Can .see outside ~- we put silicone in crack. Several large cracks by
meter box outside.
Out building has large cracks - water now coming in cellar
-Mitrgaret and Monroe Crouch
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g and tear, rained water
(Comments deliverable at BIS public hearing in Charleston, W. Va.)
My name is Maria Fitter. These are my children, Jessie and Chrystal Gunnoe. We are from
Bobwhite in Boone County. We are against Mountaintop removal. We are a family that Hves
in the constant shadow of nmnntaintop removal, valley fills and slurry ponds. Hie mining
around us has destroyed our quality of life. The Masting from the mines is a constant reminder
of why our lives have changed so much. My children are not allowed to play in the water thai
runs through out property because the ponds run straight into it. The aquatic life in dais stream is
ail hut gone. Catching bait or fishing Is a wasfce of ttme now thtre isn't anything there to
catch, unless it would he some incurable disease. Wlto can my that, with ihe utmost certainty,
this will not endanger my children's health? You, the panel of people who say that what the
mine companies are doing is okay. I'm sorry but this has not yet been a trustworthy source.
/ hfjw lived on thh sanw prop&rry far 35 yv-ars t>fmy lift. In the same town with the same
people, that's all saying the same thing "Moimtamtop removal is going to run us out of our
homes and off owr land like it has so many before us" and Fro beginning to wonder, are they
right?
We were Hooded in 2001-3 times. With each rainstorm the creek and river fills up mom with
rocks and debris. In 2002 we were flooded once again. The ei^ek now rum much deeper and
faster than it ever has. Then on June 16* of 2003 we were flooded horribly. The storm was
what the mine company called a once-in-a-himdred year storm. I heard it was an act of God,
which is Hie saying that the Buffalo flood was an act of God. / remember when / was a child it
mined until / was ntnning in water to my kne#s in this same yard that is now gone. Thesn
catastrophic floods didn 't happen then. Why are they- lwij)jpeni&% now? MTK Is why. f'm not
sure what all the scientific tests tell you* hut Common sense tells me that if'yfw fwur water onto a
rock it '$ going to roll &fff if you pour it into soil it wilt absorb.
TTje flood {m June 1$ has ntined our life. The rains catne and th$ hollow coming through our
property ross so fast that sw didn't have ft chance to reat't. We were trapped ttt every dirgctfan.
The river running by me w&s stilt clear ctftd ttt& haUvw w&shtng into this river wm racing. / HW
being fttwded by a stream that 3 year,? ngo, before the stripping started, I cmtld step &ver.
Within 3 hours after It started raining we had lost almost eve.tythwg. The water c&ttung fay we
was sent in an mttdslides th&tjilfatl the crevk imd mow the wetter ctaser to our house. Thf
tnttdsttde ton through my Imrn and through my orchard of fruit rrets, wh&re $her$ was one />/
our dagx was titd ottt. The water (mtt mud catna so fast thai we c&uldn 't get our dog out. The
next morning his collar was tying in the water's new path. As the water ami mud continued
down it filled a 5-/bat advert that hatljitst recently bem put back in from the storms &/20QL
From 1981 until 2001 it was 3-foot culvert It wmpctnofour access. The water washed aroimd
the 5-fofif culvert and took out my septic system, my bridge attd ®tt of my drive way and most of
my yard. My yard now drops into a 15-foot crater, ft's twt sqfe for my children to play in their
own yard. The entire path that this creek took through our property has teen destroyed. There is
still more mudslides in this creek's path waiting to come out. The quality of our well water has
compromised to say Ihe least Up until the 16 we had good water but n&w it'$ terrible. We are
now carrying water.
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Thank Hod that the Hood water and mud stopped 20 feet short of our house. Our house as of
right now is okay. OUR HOMI2 IS DHSTROYBD! The life that uv have atwavx known is now
nf>n~exif>tent. Hikf.s through our own land ar? now unsafe. W? have so many A//<&*,¥ and mining
breaks, W? we of Cherokee nationality and we haw always been taughi to live offth? land, Tim
heritage will tw longer /?r passed down because it is being destroyed with each blast. Everyone
that has a hand in allowing Ms intniftg prttfttce in continue is allowing WV and its heritage to
fade away. We the people of WV are goimg to pay the ultimate price. We haw tt> /nr here after
lh? coal is gone. The mint? companies don 'l cafe to leave us in nan and leaw our people poor.
Leaving for HA would titfan a complete change of lifestyles, sottiettting we ar? not willing to do.
As a family we w& to love to sit on my front porch and watch a stomt c&m? and go, N#w it
terrifies ti& to s?e a storm come. When the rainy Atart everyom gels scared of what going to
happen next? fftt'A raining no one in our home sleeps. My daughter at 9-y?ars- ahl ij>
C(?n$tant!r worried with the mining going cm around us. She seen a sticker that said, "Coal keeps
the lights on." She replied by saying, "Yeah, but the trees keep our air clean, She knows what
tiffed MTR, valley fill and ponds QIC having on us. Yet the college-educated scientist is still
looking for the reasons we are all gelting flooded so horribly, so often. Hopefully this will open
up your eyes and make you see that the fomtnunity impact iff MTR is ,v/m/j(v itrvaxtathn. The
rights of people in Baghdad it seems are more important than the rights of the U.S. CHinm /
know our fights to life, liberty and the pursuit of happiness tire pretty much gone, thanks to MTR
and its practice. If you can sleep with yourselves, I guess we have no choice but to stay up with
the storms.
--Maria Pitzcr
Surface mining destroying WhUi'sv file
I wanted 10 voice my opinion AC! AlKST Moutitaintop Removal Valley Fill mining. This mining
is HOT producing jobs, just the opposite, it is destroying jobs
The town, of Wttitesviltt is dying with each new surface mine, lite surrounding communities am
disappearing from the effects of Moxwitaintop Removal the blasting and the flooding. The
animals are running from ih^e Mils/mm lack &f habitat, ami are comm% dtzwn into (Mr homes
and yards.
The hiring is destroying people1 '$ h&tftes, anil fken we have flowh caused by this type of
mining. Our children wilt $OT have a place and tmr mountain culture and heritage is being
destroyed wf$h e&ch nmitnmm.
We are the poorest people and we live in the coal rich counties. Why?
The coal companies DO NOT put anything back of economic development. There is NOT o«e
development site on the 90,000 acres destroyed in the Coal River Valley. The coalfield schools
are being closed and as a matter of fact - 2 schools were closed this year, and both are within 1
mile of many Massey Energy mines. Cotl is NOT giving anything back.
President Bush shoald come to these hojtows and talk to the people who live with the effects of
this mining. The recommendations i& this study is pure HOGW ASH I!!!!!!!!
P.S. 1 Hve in the coalfields, born and raised.
—Lisa Hefldef*80«
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Brother left hnmetess by flood*, doesn't Bud wiid things in Oie mountains anymore
My name is Jack Brown. Jr. and I live at HW Hnley Circle in Walhonda Village, which is in the
Clear Creek Hollow. I am a lifetime resident of the great state of We&l Virginia. I was born in
19.15 at Edwighl, WV and my dad was a retired coal miner. 1 watched him die of Mack lung 6
years ago.
When 1 was a small boy living in the coal camp at Edwight, Whitesville and the surrounding.
areas there were thousands of coal miners working in the mines, not like today when only a few
work in the mines.
I have seen the streams run black with coal dust But not the whole tops of mountains leveled.
The sludge dams they have built and the water they have polluted, coal trucks ruining the
highways-for only a few real jobs? Believe me. 1 am not against jobs.
When they polluted in the old days, at least 10's of 1000's of coal miners had good paying jobs.
Then the let down happened; the mines shut down and the coal market dried Bp. people left the
state to find work.
But here we go again. Big coal companies have found a cheaper way to get ihe coal. Not like my
dad got it. but by removing lOOU'.s of mountaintop acres, Oiling in the little hollow streams. 1
used to catch spring lizasxls for fish bait. We don't find the wild things in the mountains like that
any more.
Big coal has bought and paid for politicians they own and don't give me much of a say so in the
matter. They promise me belter, but big coal uses their money to change the laws to suit them,
/ watched the flood waters w
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AH my life, I have been fee to roam the mountains and valleys near my home. Now, 1 would he
considered a lawbreaker anil a trespasser if I were to go hack to these places. The first thing a
coal company Joes when it takes a lease is to build a gale, hire security guards (whom they dress
as county deputies to intimidate the public), and install cameras to limit access. I consider this to
he an infringement of my civil rights.
Sometimes a blast from a nearhy mountaintop surface mine will rattle the windows and doors in
my house, even to the point of hearing the sheelrock tear from the nails in the ceiling, and if the
blasting gets closer the whole house may slip off Ihc props holding it up and slide onlo the
railroad tracks down below.
And maybe a large boulder from the cliffs up above the house will be dislodged by the Wasting
and destro) the house.
1 have Public Service District water, but I also have a deep well, which 1 hope will not he harmed
by the blasting.
The dust from the big trucks and from the traffic going into the mines is awful and the company
knows it's awful, but 1 almost have to beg the company to put down water to settle the dust.
The large supply trucks going to the mines are slowly breaking down the truss bridge, which is I
the community's only outlet to the main highway. I
My yard is full of squirrels, rabbits, and hears that have been chased out of the mountains by the
blasting ol the snip miners and by the logging, which is a precursor to mountaintop removal
stripping. The little animals coming out of the mountains are nothing more than skin and bones
because their food source has been removed. I love tx> teed these little animals, but 1 would like
to sec the coal companies and logging companies pay part of the feed bill.
1 would say that tmttintaintop removal strip mining has had a severe impact on my life and the
life of my community.
—Richard A. Bradford
Delbarion, Mingo Co. citizen concerns about coal waste impoundments* coal dust* blasting,
floods
1.
1. as a resident and business owner of Mtafo Co.. think if you build these ponds around residents
you should buy us out and relocate us. Don't put people in danger. Coal is not worth oitr health
or our lives, I'm in mind first, I'm all for mining coal but do it sage and there won't be no
problems. After all as a owner of a pi/«i place, if I don't do it right the people would put me out
of operation. So lets do it right and there wont be no problem. And 1 wouldn't blame them.
Thank you
P.S, So do It right. That's the only way!
—Troy Columbia
Coal waste impoundments are an accident just waiting to happen. ! base this opinion from past
experiences; Buffalo Creek. Logan County. WVa. And Wolf Creek Martin County. KY.
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15-2-2
Alia I can see no poxsibl? way thaf the penpte in Ms valley could be evacuated in case the
imfmundment fails.
-William Hall
3,
I am opposed to the slurry pond impoundment. With all ihe rain 1 an afraid it will break and we
will have a disaster like Buffalo Creek. / tivt below the pnnd, in a vallry, and if it brfukx there
will be no place tt> go fast enough to reach safet\\ live are endangered here, also ihe mnre they
blast emd mine, the \vor.w mtr water get* ~ the ihist is awfal.
-Dottie Maynard
4.
We have noticed some cracking in our sidewalk. We would he very concerned if a pond was
installed in our area. We don't want to see another disaster from this action. A crack in the
sidewalk is very minor compared to the disaster a pond would possibly make. We can live with
sidewalk cracks, hopefully that's all that will occur.
--Gary and Bmnda Hunt
5.
I am against Wasting and the mining underground. If they were to mine we would be forced to
move yet again from the area. Slurry ponds are not a necessity around such a rural area. They
will cause grief and worry for residents all around Hull Creek as well as Hull Crook Hollow.
Also Mountaimop Removal causes sludge to fun Into streams, creating even more unsafe water
for all life, not just humans. We must take care of what we've got. because if we don't do
something, some heartless bastard will!
-Bobby Sturgill
6.
Structural damage, cracks all in garage floor, crack in blocks and cracks (hair line) all over
driveway, one large one, caused by Masting in early morning hours. Value of the property
dropped when sludge pond was approved by state. We were declared as living in high-risk /one,
Noise from mine equipment day and night, and coal dust damage. Several occupants would
piel'er to relocate, and would like to be bought mil for a fair market price and relocation
expenses. New garage, cement and home improvements app. 5 yrs. old.
--l-'red Smith, Delharton
1 worry about the safety of my children and grandchildren. I don't think these impoundments can
be made safe. The underground mining in the area could affcct this impoundment. The mineral
rights I own can never be recovered because of the presence of this coal waste impoundment It
has devalued my property. The added truck traffic and trains have made our lives miserable. Our
well water quality has been affected as well.
-James I'. Maynard
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Living near a coal waste iini^mmlment, not only depreciates the vafer a/ttte. property for the
home OWWY or [mts the gmtmd water supply into question, or anxiety during hemy mm
periods, thinking this HMV break, hut it devaluates life itself.
To anyone not living in the coalfields.,. we are giving up our environment so you may light
yours. Please think of us hillbillies, when nipping your light switch.
—Walter Young
9.
Having a coal waste impoundment within a quarter mile upstream i? a wry anxious situ&tiofl,
not to mention the dust and coal truck traffic every day, which is a very unhealthy environment to
any one. Jml wonder what it is doing to mtr underground water supply, just to put in words, its
like living in exile, it has destroyed our way of life,
—Carol Young
10.
First you wonder what the coal companies are releasing into tiie water. If it will make you sick or
cause death before your time. If it don't kill you, the next thing you worry about is if this thing
burst will you he alive or if everything you work for will be destroyed. You live in a "panic"
from one minute to the next and if it rains from 2 or 3 days you get very anxious, I don't think
this is any way to live! Next you wonder what these coal companies are hiding.
~I.«'Oy Runyon
11.
Fear, anxious, panicky, afraid - these are a few words I use to say how I feel about coal waste
impoundments. When the TV or radio give a flash flood warning you wonder if you are going to
he alive the next minute or not. If it is going to he another Buffalo Creek or Martin County. You
wonder what the coal company are releasing from the coal impoundment in the water tables that
you are drinking and why are they so secret about these coal irnpormdment.
—Geneva Runyon
12.
My family and I feel threatened by tlu presence of the impoundment thai is constructed at
Delharton Mining Company. When it rains hemy, we worry what could happen if it broke. We
are also concerned about how the undergroutid mines wilt affect the stability of the
impoundment. Aim, there is more dust in the area, which is hurting people and causing
breathing problems.
—larry and Alisa Maynard
Blasting shades my foundation. Coal dust is all over everything 18-wheelers running overloaded
way too fast. Our well water is mined. The slurry pond is too dangerous for alt of us that live
here in this area. So many of the ponds break for different reasons. Don't want to be one of the
ones to get washed away.
-Betty Wilson
14.
45
The fact that no one let me or my family know about the sludge pond at the mine site really
upsets me. Ifs a scary tWng to think that it could break and wash us away like other sludge
ponds has done in other places and to see this in newspapers and on TV. I would really hate for
this to happen in my neighborhood. / havt two childti n f try hard to protect. I cttn 't protec t them
from this!
—Dorothy F.
(End of comments from Dellwton residents.)
Ecocide
MTR desecrates the earth Ood made for us all to he good stewards of and destroys this earth that
future generations will depend on to live. Whole ecosystems are being wiped out along with
streams that supply water and valleys where crops can grow. This is » crime against Mother
Earth and her people and affects the welibeing of the whole planet.
--Barbara Warner
1955 Tatum lane
Lebanon, KY 40033
Lost Tourism
I love to visit the mountains. If the mountains are gone, there will be no reason for me to visit. 1
do not care to visit a MTR site or a valley fill, even a "reclaimed" ode, I don't think we should be
replacing out natural landscapes with non-native organisms. We must stop destroying God's
gifts.
Ray Barry
Ijjxington, KY
Holocaust
I wish to enter my comments into the record about mountain top removal.
I was born in WV and have lived here all my life except for a short period of time. I am deeply
concerned about this type of mining, as it will effect the environment harshly. This will destroy
streams, foresttand, fish wildlife, that were created by God, We need to protect it from (Ms
certain destruction and i believe it is mankind wtio is in chaff e of this task.
I do not believe the system in place is going to do anything but allow for the destruction of the
land for many years to come, maybe forever. This type of mining is too destructive and should
not be allowed. The coal r»tain| jobs will be lost to big shovel and fast moving coal trucks ant)
nobody is going to,benefit tat the few on top of this action. The human society will he the
looser, fisherman, hunters, fresh water drinkers, coal miners, homeowners, wildlife lovers, wood
producers etc,
I make these statements not for myself but for the human beings who h»ve to live after this
holocaust takes place, if we allow it to happen. We are very short sited if we do not sec what
perils lies ahead for us.
Sincerely,
Larry Dadisman
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9i2Greendale0r.
Charleston, WV 25302
Left out information
Why wasn't the "No Mountain Top Mining Alternative" assessed as one of the final alternatives?
A "No Action Alternative" was assessed. This alternative is unacceptable to most people (except
perhaps the coal industry) and probably won't be selected.
Banning MTR is certainly not impossible, Other horrible environmental practices have been
banned in the past (such as use of DDT, ozone depleting compounds, building of hazardous
waste landfills in WV, construction of nuclear power plants, etc.).
Sure, the coa) industry may not be able to mine coal as cheaply or <|uickly. Our electric bills
would probably go up. Fine. That might only serve to make alternative and cleaner energy
sources closer to becoming reality, sooner,
But, consider the positive impacts of the "No Mountain Top Mining Alternative." 1 would have
like to have read about the impacts of this alternative.
In my opinion, this E1S is flawed and unacceptable, because it did not list the "No Mountain Top
Mining Alternative" as one of the final alternatives.
--Mel Tyree
l)i-seiidiiiiilniciit nilii the imiitU-.ll
What is the social and cultural fallout when people stop believing in the democratic process that
is the foundation of our nation? Will the HIS address this?
People in the coalfields have witnessed so much, corruption that it is hard from them to continue
participating in the political process. Why bother? This, of course, is what the coal companies
and their most attendant politicians and so-called regulators would most like to see — a silent,
complacent, demorali/sd and politically inactive population.
Coalfield residents have seen it over and over — the coal industry's reckless disregard for laws
written to protect the people and the environment. When citizens have made headway, via
lawsuits and/or organized citi7.cn action, to get laws enforced, the rules and laws are changed,
and rarely, if ever, are they changed in a way that benefits coalfield residents.
Although West Virginia ranks 49th in per capita income in the country and dead last in median
household income, the state ranks at the top in per capita expenditures on various forms of
corporate welfare. For instance, under the administration of former coal executive Governor
Cecil Underwood, the coal industry escaped mote than $400 million in Workers' Compensation
Fund debt.
Coal has been the dominant player in West Virginia's political scene for more than a century.
Growing campaign contributions from coal sources fueled the 1999 state legislature's resolution
supporting "ail methods of coal mining," a resolution that was {specifically directed at
mountaintop removal mining. A tax law passed in 1999 has dramatically reduced coal property
47
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taxes, while increasing the tax rate on individual property owners. In the 2000 and 2002 state
legislative session, coal's legislators* killed a bill that would have set stronger enforcement
mechanisms for overloaded coal trucks. Also in 21X12. the coal industry received a $2.5 million
break in the amount they are required to pay for their water pollution permits.
According to the West Virginia Peoples' Election Reform Coalition (PERC), Governor Bob
Wise did not receive as many coal dollars during his election campaign as the bought-and-paid
for Cecil Underwood, Nonetheless, 15 percent of all contributions to Wise's inaugural ball
($105.000 in $5,000 donations, enough to buy 21 tables at the ball) came from coal industry
sources. Total coal industry contributions to Governor Wise for his 2000 election campaign gad
inaugural amounted to wore than a quarter of a million dollars,
The governor raised over $70.000 at a re-election fundraiser iit March of 2002 while the
legislature was debating increasing the weight limits for coal trucks. Most of those contributions
came from coal companies, cost haulers and land holding companies. For instance, Wise
received $20,500 from employees and spouses of Riverton Coal and its parent company RAG
Coal International. This is the largest single-day giving to Governor Wise that PKEC has seen
from any array of individuals associated with one corporation since it began monitoring
campaign financing in 1996.
The coal industry got its coal truck weight limit Increase.
This is just one recent example of the coal industry's dominance of the political process (as is the
DEIS, with its absurd recommendations vis a vis the science contained in the document.) How
will the E1S document coalfield residents' lass of faith in the political process upon which oyr
government is based? What weight will be given to the impacts this erosion of faith in the
system has on society and culture?
While an lilS is not supposed to examine economic issues, this DEIS does, but in a very skewed
manner. So. if you want to bring economic studies into play, how about a little balance? The E1S
should examine All. the externalized costs associated with mountaintop removal / valley coal
mining. Taxpayers are left footing the hill for massive clean up costs associated with MTR-
exaccrbated Hooding. Taxpayers pay for MTR-related tax credits given to the coal industry, such
as the billion dollar super tax credits that were supposed to create jobs, hut which actually helped
coal companies purchase the massive draglines that replaced human workers in droves,
Taxpayers also pay out millions when citi/.ens have to resort to the courts to get regulatory
agencies to enforce mining laws. Long-terms costs of the environmental degradation associated
with MTR are unknown, but should he identified and quantified.
Unreported in the draft KIS are what the current and future costs to society are in terms of:
* MTR-exacerbated Hooding;
• reclaiming abandoned mine lands:
• disrupted hydrological systems;
• drinking water replacement;
* lost hardwood forests' potential lumber value:
* coal waste impoundment disasuir-avoidanee and/or disaster clean up:
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• lost value of life-essential ecosystem services;
• lost way 01' life (see below: "Lost culture / way of life")
* altered microclimates and regional climate (as an example, the destruction of millions of
trees reduces the transpiration of walcr, which affects both humidity and aif temperature;
also, the loss of hundreds of thousands of seres of forests canopy--shade--and the tops of
the mountains themselves also affects weather patterns);
* declining political participation as government collusion with coal industry operators
decreases public faith in the democratic system.
The long, and as yet, not-fally-identified list of externalized costs bring more negative social
impacts. When real production costs are foisted off onto communities, governments and the
environment, the true costs of coal are suppressed. MTR companies can sell MTR-coal for a
price that does not reflect the true cost, since the company is not paying those costs. This sustains
the market for MTR-coal, and decreases the competitiveness of other energy sources. This delays
the inevitable rise of truly cleaner, alterative energy. Coalfield residents are thus denied a chance
at the jobs available in truly cleaner alternative energy sources, as welt as the environmental
benefits- associated with truly cleaner alternative energy sources.
By allowing coal companies to externalize costs associated with MTR and thus delaying the
switch to cleaner forms of energy, government is allowing global society suffer greatly, perhaps
catastrophically, as global warming increases. According to a Dec. 30, 2003 CrfeaKt.com
article "Global Wanning Insurance Claims C5rew to $60 Billion in 2003":
MUNICH, Germany, 13ec. 30,2003 - Munich Re, the world's biggest re-insurance
company, has attributed a sharp increase in weather-related disasters around the world to
global warming.
In its latest annual report, the company - which insures insurance companies - puts the
combined cost of this year's global natural disasters at more than $60 billion, about $5
billion more than the year before. Insured losses increased to about $15 billion, a jump of
$.1,5 billion from the previous year. The number of natural catastrophes recorded was
around 700. roughly same level as 2002.
The report also found that more than 50.000 people were killed in natural catastrophes
worldwide, almost five times as many as in the previous year. The company tttribated the
jump to the heat wave in Europe and the earthquake in Iran, each of which claimed more
than 20.000 lives.
(As an aside not directly related to DEIS comments, it is interesting to note that global-warrmng-
reiated disasters killed far more people in 2003 than terrorists did. yet the US government is
opposed to taking tny meaningful action to curb global warming. This observation does prompt
the DBIS-related question: Arc our national priorities to sustain the systems that sustain life (and
thus the economy) or to make the quickest buck possible and let future generations attempt to
deal with the mess?)
In an Oct. 14 Sacrame.nto News & Review article, "We're Melting," Melinda Welsh writes:
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11-9-2
Ultimately, there- is little dotiftt that we are creating a future in which large portions of the
Biirth will he flooded routinely: huge storms regularly will cost thousands of lives and
cause billions of dollars in damage: mass migrations will be likely; and famines and
droughts will starve and kill large numbers of people, especially those living in the Third
World.
The final should Itemize and quantify all current and future MTR-related externalized
costs, especially from the perspective of ecological economics, rather than the increasingly
outmoded, traditional field of economics (wlrfeh condones Industries externalizing costs
onto society as a whole with no regard for ecological reality).
From the Stanford Report, December 1, 2000:
How much is an ecosystem worth?
It's easy to put a price tag on timber harvested from forests or copper mined from the
ground, hut can we put an economic value on the less tangible services ecosystems
provide, such as water purification and flood control?
A group of 30 scientists, lawyers, conservationists, economists and policymakers recently
came together at Stanford to discuss novel ways to market "ecosystem services" with the
ultimate goal of protecting the'ecosystem itself.
.. .ecosystem services ire the processes through which natural systems support human life
by purifying air and water, detoxifying and decomposing waste, renewing soil fertility.
regulating climauj, preventing droughts and floods, controlling pests and pollinating
plants.
Watersheds may be among the most marketable of ai ecosystems, according to several
panelists, becaaie they provide essential services such as water purification and flood
control.
In "The Value of the World's Hcosystem Sen-ices and Natural Capital," Robert CoManza et. al
(h'.lj) A,v( c.'ioyA't'd«.'Kn ,Vcov4u.iiO write:
lite services of ecological systems.. .arc critical to the functioning of the L'aruYs life-
support system. They contribute to human welfare, both directly and indirectly, and
therefore represent part of Ihe economic value of the planet. For the entire biosphere, the
value (most of which is outside Ik. market) is estimated to be in the range of US $ 16-54
trillion per year, with an average of US$33 trillion per year. Because of the nature of the
uncertainties, this musl he considered a minimum estimate.
Historically, the nature and value of Earth's life support systems have largely been
ignored until their disruption or loss highlighted their importance. For example,
deforestation has belatedly revealed the critical role forests serve in regulating the water
cycle - in particular, in mitigating floods, droughts, the erosive forces of wind and rain.
and silting of dams and irrigation canals. Today, escalating impacts of human activities
on forests, wetlands, and other natural ecosystems imperil the delivery of such services.
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Many of the human activiiks lhat modify or destroy natural ceosystcius msy C«HI,NC
deterioration of ecological services whose value, in the long term, dwarfs the short-term
economic benefits .society gains from those activities,
We believe thai land use and development policies should strive to achieve a balance
(vtween sustaining vital ecosystem services and pursuing the worthy short-term goals ctf
economic development.
Sliort-Uirrn profit for a handful of individuals comes ai great long term cost to 4ll of us mid our
children and their children. Can't the BIS at least give us a total accounting of the extcrriaiixed
costs associated with MTR'? If not, why?
Homling
/ fear for nty tiff and my family's life when it rains, I think of ways to run for tfo hills for
my lift1, from ihc flfxttht caused by strip tnifiing. I plan tt> keep fttyfatmlv pictaws cfoi'** to
me so th see a storm c&tne. When th? rains sfarf everyone g?t$ scared of what
going to happen next? If if '$ raining no one in our hotts? sleeps. My d&M$ktfr at 9-
warS'oitl h constantly worried with the tnttii/tg §t)ing f>fi amiwd us... She fataws what
a/feet MTR, valtfyjtll and p*md$ are having on tis. Yet the cattege-educatrd scientist is
stHHottkutg for ih# reasons we arettU getting fttxtd&f $a horribly,, so often. -Maria
Pifcer f,v**? above: "Comments from individuals. ")
Several agencies (WVDHP, OSM, AC0E and USGS) have dose the studies, which support both
common sense and historical fact Denuded landscapes cannot manage water the way intact
ecosystems can. Deadly disasters related to lhe denuding of forests (iind heavier storm events
linked to global warming)- which can be tikened to the deforestation associated with MTR,
recently have been garnering headlines: mudslides after the wildfires in California; landslides
and floods in the Philippines and Thailand. Remember, too, in West Virginia our natiooa! forests
were established to case the Hooding that ravaged the state after it was clearcui in the early
1900s. MTR is the ultimate clearcut. Simply put. MTR exacerbates flooding.
You've got the first hand accounts from people who have commented directly OP the DHIS and
front individuals' comments contained within this document. You've got the news stories.
You've got the studies. And you've got yoor pollitcaHy-motivated, ecologically-ridiculous
recommendations. What you don't have is documentation of the social and cultural toll of MTR-
exaccrbated flooding.
Since 2001, 15 peopfe have died in floods in southern West Virginia. (This figure does not
include the two people who died ift ihe widespread floods of mid-2003, which occurred both
outside and inside MTR regions.) Coalfield residents kmtw some of the recent flooding in
directly attributable to the surface disturbances mid valley fills apstrcam from their communities.
The clean up and rqjair costs for tlic Hoods that victims see as clearly linked to MTK, (and
virtually uttri*guIaieU logging) Has topped hundreds of millions of dollars—am cxternali/^d cost
which should he reported in the BIS.
11-9-2
17-1-2
Families Hvlng near MTR wperattens aid/or coal stadgo tapoundmonK have told us (groups like
Cos) River Mountain Watch and the Ohio Valley Hnvironmemai CoaHtion) that every time there
is a heavy rain happening or predicted, they worry excessively. It is no rural myth that some
children and their pai^iws will sleep—welt attempt &leep™ttt their clothes when a heavy rain is
happening or predicted. Some children fcign illness if the rain comes eatly on a school day—
they don't want to he separated from their parents should the floods come. Some people keep
their car trunks packed with precious possessions, such as family photographs, just in case they
should have to flee for their lives as water rises. The constant fear afld lack of a feeling of
security ftiust take a toil on people's health. The anger too, at the coal companies' denial for any
hlante, must affect health. Families may suffer and break apart under the strain. These are jvociat
and cultural effects of MTR that the EIS mast examine.
In June 2tK)3. a dehige poured off a mountahitop removal site above the 50-year-old home of
Mafia Pitzer, The operation started above her home a couple of years ago.
The Charleston Gazette reported:
Ten miles away. Maria Piteer had problems of her own. It h»d barely begun to mist rain.
and suddenly the creek in frortt of her house rose two feet.
Of course, the creek hadn't been itself since June. That's when a heavy rain washed off a
strip mine on the hill above Pitnr's 50-year-old house and slashed a ravine through her
yard. 12 £eet deep and 60 feet wide in spots. The ftoodwatera ripped her dog from his
cottar, and would have swept her 9-year-old daughter from Piwer's amis if she hadn't
slung the child actuss her shoulders and waded to safety.
Since that day, every time that creek rises the tiniest hit, Pit7er panics for herself, her
husband and her two children. This time, she suspected Ac mine had let off water,
thinking the rain wight overflow the pond. She called the slate Division of Ivnvironmental
Protection. What's going on? she asked. The inspector said he looked at the mine ponds.
Everything seemed to be working OK, no breaks.
Bui 1'it/er has to wonder: Is this what happens when everything's working OK?
"It'll be 12:30 at night, I'm laying in bed, and it'll sound like (he creek's up." Pit/cr .said.
"So I'll get a flashlight and go out. and sore enough, it will be." Rain or no rain.
"That makes it hard to sleep. You never know what it (the creek] is going to do. Nothing
in my life is normal anymore."
Pitzer stitl displays her homemade sif n alongside the rabble-filled ravine where her yard
once was; "Stop MTR (mounttiMop removal]."
But, Pilzer said. "Even if they would stop the mounudatop removal right now. we'd still
be dealing with it tomorrow and the day after and the day after.
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"Our future is basically trashed, and it seems like nobody gives a crap."
The increased risk of Hooding in MTR regions is taking a psychological—-and thus
physiological— toll on people, which should he documented in the HIS.
As in almost all MTR-relatcd social ant) cultural impacts presented in this document, the
increased likelihood of flooding for MTR regions is probably contributing to the devaluation of
personal property. This also should he documented in the EIS.
Falling property values
Sylvester resident Mary Millet has an immaculately maintained large brick home, with
hardwood floors. Her property used to be valued at $144,000 (and would he worth much more
in a larger city), byt she says it was recently reassessed at a $12.000 value. This home represents
the life savings of Mary and her husband and was their retirement safety net-until coal dust from
a near-by Masscy Hnergy coal processing facility began coating the town. There may be other
factors that have contributed to the home's devaluation, which in themselves may be linked to
the encroachment of moumaintop removal (dwindling populations, school closings).
Throughout MTR regions, homes we losing value. Blasting damages properties and rains water
supplies. Potential buyers are scared »way because of fears of future flooding, worries about
potential coal sludge impoundment failures, coal trucks, coal dust, groundwater and surface
water contamination, lost recreational areas and last beauty and serenity. The EIS must assess
property values in communities both before and after MTR operations begin. How can the EIS
make M\ accounting of tlte social and cultural costs to families whose property is losing value?
What does this toss of value mean for people's current financial status and that of future heits?
What does it mean for communities and their tax revenue? How much wealth and tax-base is
being lost?
Lost culture / way of life
The life that we haw always known is now nan-existent. Hikes thrtmgh our own land are
now unsafe. We have so many slides and mining breaks. We are of Cherokee nationality
ami w have always been taught to live off the land. This heritage will no hnger be
passed down became it is being destroyed with each blast. Everyone that has a hand in
allowing this mining practice to continue is allowing West Virginia and its heritage to
fade away. We the people of Went Virginia are going to pay the ultimate price. We haw
in live here after the coal Li gone. The mint companies don't care to Ifave m in ruitt and
leave our people poor. Leaving far us would mean a complete change of lifestyles,
something we are not willing to do... 1 know our rights to life, liberty and the pursuit of
happiness are pretty much gone, thanks to MTR and its practices. —Maria Pitzer (see
above: "Comments from individuals.")
Our children will NOT have a place and our mountain culture and heritage in being
destroyed with each mountain. —Lisa Henderson (see above: "Comment,'! from
inelivifhutls.")
The Appalachian Mountain Culture Is, of course, unique in the world, Mountaintop
removal is destroying the landscape that created and supports that culture. THE DEIS
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11-3-2
10-2-2
foils miserably to document and make recommendations to abate this loss. The agencies in
charge of creating a valid scientific EIS on MTR must make every effort to exhaustively
study and quantify the social and cultural impacts of nwuntaintop removal. At the very
minimum, the social and cultural effects of MTR removal listed herein must be taken into
account in the final EIS. The final EIS recommendations must accurately reflect these
effects and must include recommendations for actions that will relieve and eliminate the
negative social and cultural impacts of mountaintop removal / valley fill coal mining.
Cultural continuity is in jeopardy because of MTR, Where MTR operators have already
completely bought out/driven away entire communities, there the local culture Is dead.
Where culture dies, K> dies th« knowledge of previous generations: how to sane a chair,
how to build a fiddle, how to weave a basket, how to harvest ginseng, medicinal uses of
plants...the list could go on and on.
Some cultural impacts associated with MTR:
• Destruction of communities;
• Displacement of families with ancestral ties to land and community;
• Loss of free access to cemeteries (all known family cemeteries should be identified and
registered);
* Loss of the connection with ancestors and future generations;
* Loss of community history;
• Loss of gardens (some have been ruined by sludge spills, some people are forced to leave
the land where they once gardened) and associated loss of income (have to purchase more
food):
• Loss of hunting and fishing grounds, and associated loss of income (have to purchase
more food);
• Loss of harvestable understory herbs (ginseng, btack cohosh, ratnps, etc.) and associated
loss of income-supplements and medicinal remedies;
» Loss of independence (the loss of harvested forest products (the "second" paycheck) for
the family to consume could increase the need to make more money);
* Loss of traditions that instill honor and pride and self-worth;
* Loss of biological diversity and uses of that biodiversity by locals;
• Loss of soil and seedbank essential to maintaining biodiversity used by locals;
• Loss of hiking trails, rock climbing treas;
• 1/jss of health related to lessened phy&ical activity:
• I ,oss of streams for children to play in;
• I .oss of sense of spiritual connection to the land, or sense of belonging:
« Loss of renewable timber harvest and orchards and associated loss of income;
• Loss of knowledge base of traditional skills developed over generations (herbal medicine
knowledge ami other learned skills);
* Heightened stresses upon individuals and communities;
* Loss of property value;
* lam of peace of mind (worry and fear and anger over contamination of water, air; tailing
property values; Hooding; coal trucks: future);
* Loss of sleep (worry, fear, anger);
10-2-2
53
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I ,oss of sense of awe that comes from gazing at night sky (MTR operations can he a
source of li^ht pollution);
Loss of quieu which is very important for some people in terms of both their health and
spiritual weliness;
Loss of beauty and landscape as source oi' inspiration for art. music, prose and poetry;
Loss of faith in democratic procesg / political system;
Rise in tear of intimidation (fear of organising via door-to-do.or tactics; fear of expressing
one's opinion openly);
Infringement upon right of Tree speech (fear of expressing one's opinion openly due to
intimidation);
Rise in health impacts for individuals and entire communities, with the possibility that
some are suffering from pOvSt~trattmatK>su*e&s syndrome (noise and worry of blasting,
worry and fear and anger over contamination of water, air; falling property values;
flooding; coal trucks; future);
Dashed ideals (after endlessly dealing with non-caring regulators and bought-and-paid-
for politicians, peoples' beliefs in the founding principles of the nation are eroded);
Loss of ability to insure homes atsd other property for Hooding or Masting damage as
insurers opt out of providing that coverage.
Sludge impoundments / bliH'kwaUr s
Living near a cottl waste impoundment not only depreciates the value of the property for
the home owner, or puts tlw grotindwater supply into question, or anxiety dttrirsg heavy
rain periods, thinking Ms rtiay break, but it devaluate life itself —Walter Young {see
above: "Comments from individuals. ")
Fear, ctnxiotts, panicky, afraid - th^sff are a few words I use to say how I feet about coal
waste impoundments. Wh&n the TV or radio gives a flash flood warning you wonder if
you are going to be alive the next minute or not. If it is goifig to be anothtr Buffalo Crefk
or Martin County, You 'wonder what the coal companies are releasing from the coal
itnpottndmettt in the water t&bfas that you are drinking ami why are they so secret about
th#$e coal impoundments, —Geneva Kunyon (see above: "Comments from individuals, ")
White not all coal sludge (or coal waste) impoundments are associated with MTR, the BIS
should take note of which are and examine the social and cultural effects upon coalfield residents
who live near these lakes of MTR coal waste.
As with the Hooding issue, fear and worry are big factors affecting people and comniuni lies-
Questions that people report asking themselves Include: Should I keep my kids out of the streams
(due to the frequency of blackwater spills and potential for the watei/sfreambcd to he
contaminated with the chemicals that are in sludge impoundments)? Will the impoundment
overflow if this rain keeps up? What chemicals are ieachtag out of the impoundment into the
groimdwater and so into my well water? Should I he buying our drinking water? Are there really
tanker trucks secretly dumping who-knows-whai into the impoundment up there (an oft-repeated
coalfield rumor)? Where would we go if them was a failure like the one in Martin County, Ky.?
Could we survive a failure like thai?
10-2-2
17-2-2
Situations like the ones detailed in the three news articles below are repealed frequently in MTR
legions. People's concerns for their health and safety—their very lives—are justified, yet the
DEIS does not report nor qnantify Hie toll on people's health and well-being.
Coal wastes spfH into waterways; Pipe ruptures at Kentucky plant; fish killed
By Roger Alford. Associated Press. April 11,2002
P1KEVILLE - Nearly 135.000 gallons of coal wastes spilled into streams in eastern
Kentucky on Wednesday after a pipe ruptured at a Pike County coal processing plant,
officials said.
A plume of black water 7 to 8 miles long was responsible for a large fish kill on Long
Fork and Big Creek, and forced cities along the Tug Fork of the Big Sandy River to close
water intakes during the flight.
"The intakes will stay off until environmental officials tell us it's OK to turn them back
on," said Bill Davis, emergency service director for Mingo County.
"This is had, hut it's nothing compared to the severity of the previous one."
The previous spill, which occurred Get, 11,2000, involved more than 300 million gallons
of coal sludge from an impoundment owned hy Martin County Coal, a subsidiary of
Massey Energy.
The sludge clogged streams «nd turned more than 60 miles of the Tug Fork black.
Joe Schmidt, spokesman for the Kentucky Department of Environmental Protection, said
the latest spill was the result of a pipeline break about 11:30 p.m. Tuesday at Sidney Coal
Co.. also a subsidiary of Massey Energy.
The pipe carried liquid waste, primarily dust and particles washed from processed coal
before shipping to power plants. The waste is a gritty, tar-like substance that also contains
chemicals used in the cleaning process.
Katherine Kinney. a spokeswoman for Massey. said the company shut down the
processing plant as soon as the rupture was discovered.
"We are still investigating, but we don't know why il broke," she said.
Charles Parsley, superintendent of the Hermit. W.Va., water plant, said an employee saw
sludge in the river Wednesday afternoon, about 12 hours after the spill.
The brunt of the bank-to-bank plume arrived at Kermit at nightfall after a 20-mile trip
front Long Fork. Other towns downstream were being notified of the spill, but it was not
immediately clear whether they'd need to turn off water intakes.
Louisa and Fort Gay. W.Va., would be the next cities affected.
55
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"We're taking precautions, but this is not considered a big coat slurry spilt" Mr. Schmidt
said.
Biologists and conservation officers with the Kentucky Department of Rsti and Wildlife
Resources were monitoring the spill.
"In the Tug Fork, it probably won't kill any fish," said Kevin Frey, a state fisheries
biologist. 'In Big Creek, we expect a high percentage fish kill."
Ms. Kirmey said the spill doesn't pose a public health danger-
Coal slurry spills !n$o two W
-------
The government reports that have come out since the Mattin County disaster have not eased
peoples' fears. Instead, they have confirmed peoples' suspicions: Another disaster cotrid iappca
at any time.
Report: Impoundments &mia fail! Federal oversight called for
By Nancy /uckerbrod, the Associated Press. Oct. 13. 2001
WASHINGTON - The Mine sort of thick black sludge that covered Inez. Ky.. a year ago
coold wreak havoc on other communities if the government doesn't take steps to prevent
coal waste storage systems from failing, according 10 a report released Friday.
The federal government must have more oversight authority of the roughly 600 coal
waste impoundments in the country, according to the National Research Council report.
After coal is washed, a mixture of coal dust, clay and dirt often is pumped into an
impoundment and allowed to settle. In Appalachia, coal companies typically use an area's
natural topography to form the storage basin for the waste.
The report said (lie failure of the hasin area is t leading cause of impoundment accidents.
hut federal oversight of basins "has been less than rigorous." The researchers said federal
agencies need to be given "clear authority to review bisin design."
In Inez last year, Martin County Coal Corp. collected dirt and particles washed from
freshly mined coal in a mountaintop sludge pond, but the waste escaped through a crack
in the bottom of that impoundment. The 250 million gallons of sludge then flowed into an
underground mine and rushed off the mountainside, covering residential property and
killing fish in creeks.
The report said the gov emrneat steuid set standards for mine surveying and mapping to
ensure other impoundments are not established next to old mines, which can lead to
structural problems at impoundments.
The researchers said in many instances old maps UK inaccurate or missing. For example,
a fire destroyed at least 30,000 mine maps at a state government building in Kentucky in
1948.
But Tom FitzGerald, executive director of the Kentucky Resources Council, said it is not
enough to recommend that the government create new mapping standards. He said the
council also should have recommended that coal companies be required to drill into the
ground in areas where they want to construct impoundments to make sure there are no
mines there.
"In all cases, you must suspect there may be problems with the accuracy of a map unless
you can validate it," Mr. HMierald said.
Bruce Wat/man, vice president for safety and health at the National Mining Association,
said companies frequently use radar and seismic monitoring to check for underground
mines.
"it's not as if the industry is fixed in time and not using any of these technologies,* he
said.
The report also recommended that the government come up witn a coordinated plan for
assessing the risk of impoundment failures, and it said more research into alternative
waste disposal technologies is needed.
.Mr. FitzGerald said he was disappointed that the researchers did not spend more time
considering alternatives. "They should have undertaken that assessment themselves rather
than calling for more study," he said. Alternatives to impoundments exist but coal
companies steer away from them because they are more costly, he said.
Mr. Watzman disagreed, adding that there are techno logical and geological reasons coal
companies often turn to impoundments.
"You can't sty thai there should be no more impoundments because that it isn't always
viable," Mr. Watzman said.
But doing away with impoundments would make many coal country residents feel safer,
said Nina McCoy, a biology teacher who lives a few miles downstream from the Ine/.
impoundment.
"I do think they are time bombs," Ms. McCoy said. The waste "doesn't need to be kept in
a water dam that is above people's houses."
Ms. McCoy said she was disappointed the research council didn't look into water quality
issues related to slurry spills. The report did recommend that researchers conduct an
analysis of the chemical makeup of sitirry, so authorities know what kind of contaminants
may be in the water supply.
States with impoundments include Kentucky. West Virginia, Tennessee. Pennsylvania,
Virginia. Ohio, Alabama and Mississippi, according to the Mine Safety and Health
Administration.
The most notorious coal waste impoundment collapse occurred in Buffalo Creek, W. Va,,
in 1972. That accident killed 125 people and injured more than 1,000, the council's report
said.
Reps. Hal Rogers, R-Ky., and Nick Rahall, D-W.Va.. pushed for the National Research
Council study. Both said they would follow up to ensure the report's recommendations
are implemented.
Implementation of the NRC recommendations, enforcement of existing mining laws.. .these are
things citizens still await. We repeat: White not all coal sludge (or coal waste) impoundments
are associated with MTR, the HIS should take note of which are and examine the social and
cultural effects upon coalfield residents who live new these lakes of sludge.
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Stress/Fear/BteiUh
Are people living near MTR operations in tact sufferiitg post-traumalie-stress syndrome? At the
very least they are suffering from unrelenting stresses of all sorts that take a real toil on
personal, familial and community health. Some of those stresses have been detailed above: the
noise, dust and damage from blasting: fear of traveling roads dominated by a long a parade of
coal tracks: fears about health deterioration caused by dust, blasting noise, numerous stresses:
worry and fear about the next disaster, fear about air and water and air pollution: aggravation and
inconvenience of lost wells; the utter frustration and anget with most regulators and corrupt
politician*,.. the list goes on. The EIS should examine the MTR -related toll on personal, familial
and community health.
"Minimal'* Impact?
Photos of fflountaintop removal / valiey fill coal mining in southern West Virginia,
taken by Vivian Stockman (10 pages)
10-5-2
The prepares of the DEIS have not done their job. We repeat: The agenciej in charge of
creiting a valid scientific BIS on MTR must make every effort to exhaustively study and
quantify the social and cultural impacts trf" mounwintop removal. At the very minimum, the
social and current cultural effects of MTR removal listed herein must be taken ittto account in
the BIS. The HIS recommendations must accurately reflect these effects and must include
recommendations for actions that will relieve and eliminate the negative social and cultural
impacts of mountaintop removal / valley fill coal mining.
10-2-2
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Twisted KUH Golf Course Oft $« MTR site in Ml&go Co.—-how many golf courses,
(sinking) prisons &«d shopping m$tl$ ($$$ for what population) can fit on at! the MTR-
and already trt southern West Yir^Eiia9
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MTM/VF Draft PEIS Public Comment Compendium
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MTM/VF Draft PE1S Public Comment Compendium
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Julv 2001 flood damaue below MTR sites near Dorothy, W.Va.
MTM/VF Draft PEIS Public Comment Compendium
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Preliminary Performance Review
The Office of
Explosives and Blasting
The Office of Explosives and Blasting is Not Meeting
All Required Mandates
This is what coal companies call reclaimed? The most biologically diverse temperate
hardwood forests on earth are destroyed Take a good look at the "wetlands" coal
companies claim to have created on MTR sites Better yet, test water samples to find out
what is in these waste pits.
Ottrmbtr 2802
PE02-3A-268
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JOINT COMMITTEE ON GOVERNMENT OPERATIONS
Edwin ,). Bowman
Chair
Billy Wayne Bailey, Jr.
I'm1 Chair
Oshel B. Cratgo
Sarah \1. Minear
Vic Sprouse
IMaen Members
Owight Calhoun
John CanfieM
James Willisitn
W, Joseph McC.'oy
(I'acaiicy)
Vicki V. Douglas
Ojair
Earnest H. Kuhn
Vke Chair
Scott G, Vainer
Larry Border
Otis Leggett
WEST VIRGIN rA LEGISLATURE
£u*n and Rpwdrch f)m*tim
Sate fetish
i» W«« Cmk Driw
Tfe HMfttiAte Vick^ V.
t Vi^ifiia 253054470
15,2002
OFFICE OF THE LEGISLATIVE AUDITOR
Aaron Allwl
Legislative Auditor
John Sylvia
Director
Susannah Carpenter, CPA Mkfead Mklkiff Paul Barnette
Research Manager Senior Research Analyst L*e Ann Vecellio
Research Analysts
Performance Kvaluntion and Research Division
SniUing I, Roam W-314
State Capitol Complex
Charleston, West Virginia 25JOS
(304) 347-4890
', and Bln^«r»R is ^H Veeit*Hj An r
We ir&Bsmiited a di&ft cof*j wf the t^t^t
L>«fflmber2,2y02 We held siif-xttC^femoce with the <^Bm!>ecejnh«f 4,2'J*',? W
-------
Contents
Kxmitiv e Summary.
Review Mei&od, Scape and Methodology..
List of Tables
Table 2: Claims Al!<3$n$iBl&&ng Damage
'fable3: AgeofOpaiOaims. ,.
Li*t <)f Appendices
Appendix A: Transmhtai Letter to Agency
Ap|M;Kdix B: AgC3>c."v RespotiK
I'ag.' 2
Ikvankcr 2M2
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Executive Summary
J: Th* Office <>t Fvpli'sivo - '^1 itt K^U^Ii'r^1 !VJ^ IhiV^.St j'itf n
K^fiTej^tMit^f Iv^it.lMs^fhwM 'c!^«i< iJiUifer'i'f,;^,^^'.
wr.jv^if.j, -(iij,! ni''J'i•
^ iittti
fii to Receive (
t for i
of C bt»M*s
.lli ^rc v '
•Jw ni'fijnite:! pMndiio, Vs A m^uh, « t' «> s-n. ix-i.J T( :!•:« !*>«' (>t N >-r
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Review Objective, Scope & Metbodolojj)
II -| -I ) i i »
f \,jl vA»i jB- tl 'IMtH .I'ai,. '< < o. 'ill VI
"I MM fl v sn iu! ' - --Jr ,fl, t»s.l..,\ i>i>! i ,
Klll.I USI'I »>< lit >' 'W-l \l .< I*1 - JK I
SiiL L1 "* i
Pttgt 6
Dceaxtfr 1992
' IK (l*i IK Kj* • M-,JJ!| li D i
MTMA/F Draft PEIS Public Comment Compendium
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1
; K Not
th
,\*Sv^ <_y$ tKl s!n t \i s tiv v^ f i '
K III! O( F! I il <1 I ">" i < I I tr O
»'< r it >i I I I i i» i\t \ 'H» i i ji^'tlHti
t >- U t'*~ L( j H 5 ?_ hi v { * v i t1! N X j 1
i ^' i nt y t 3 i i^i i i^^< i5! -f r ^ ^ 1 u ^
si i«i s 11 (A I '. < ,1 I i Ml . t 1 K 1 if r s
< U II. 'ill l«.f iH \tM V V
Rf ^ulfllioH < f Bisi'-l'ftf* on SitHau Msn< tyw
HIM i< > u n t SM ,., t" i >f. n^ t -,
a»l, ' i ,i i U I, 1 D is i v \
Rut i i i,t VOItl
SetfmijolOiulifit^tjoEnfof !fldnHl«.iK Pfrinrmint I if I K«
S«i-\t*^ Pn^tlHi swlt'ti fil * < t l i i HEI i
HP'- >• !tu I 'it< 01 n IVM Ma - ,.' i i
M intuining and O|>eratin| « System to Receive Cnmnliilnts -
The OEB has been in ike pKX=*";!> of ckvdi>p«vg a s.ystc!n tp kxave
c»M()laiiits, Howwcr, safSt!gdif1ku!«icsl5asdc!r<\'eslthccofrip!eti.«i
of Ibis system
Bhing a System for ill* Investigation of Claims -1'hi-re is
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Section A - Organizations
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<. < K m tuOHl , is in "i in > it ''i
v * J I 01 IK > in i. h s \ ,A 'h OIBtll u i K
! si (Mfius ic Kt 1} t „„! ,e st.il!. s>li
! >M ill «i s \, 's I * J i ^ r ^ t r s>« fe K l i i
v i !K,U,.S < S I i H LW >
K
i. k
OKB (ieueraily Meeting Mandates
The Regnlsfion of Blasting on Surface Mine Operations
Has Not Been Transferred to OEB from Mining ssnd
Reclamation
i i« i , l1 i. « ' ,,' i
I I | ^ i i i v I ! £J c * I ! ! St V'
MA III
T«M» I
td Petfoi-msnci Mi siirti 4chif nd!j tiscOFB
— — ~
ttotdafc''?
i ' p ? i siU * r < *
' Pr. H'« i Nar •>>
f-v t
r.
"ht oil hovwe isd t i ts.
a b'at v tl A cr I ft f*c ^
^a^ ut t i >iivlW<*
vt-tb* Mi sr^ca i < ' ffl'felp
i Iw m Utc su& ^^'j sHntiar
hr ^ 1^ *>iif«orli uSJ-Hnvi
' *•"< I) i 'n *i V> ''Ilk « « ct^'I i
The OEB is Not Currently Training Those Performing
Pre-Blast Surveys
ffh'f n/" Kxpltnivt't
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()l Hf- S\*ti'in fm Kcceiving and Tracking Complaint* Is
V>< \ <>( { iilh I unriinnal
IKO, Bi< ui 1 i i LS. (it v I , i oi i ' dii - it , .
> n ll\ u u ')) I t i i nt.lt •. I iv * hi < ) •> i i
J t 'i l <. t" H!K f 5 v ! i !" it ' i^ sh C is f T I to aK ^
t^a II rMiuloi^5tf H v^t *.M*j i L i? fU 3H i h ! '
i uwcUi ^ntf v p etd i <.*.*!( u'v"* i vrn }si ^ii« > ^ i
\i l >H (U\SK*u it^i! f 1^xvk,s \ii !i luff H M S
lil»l\''l ttO! >i Ihlskil k!i i l \ I (1,1'v >
Xf'lKilu1 ,111 us ^ 'ill (I 1*1 V<- l> fit > >-!>- ^' II Hiv 'f j(U
^ IMS ^doLtulo In 1 j HI. ILJ ! 1 1. c! ! ^i r- \t >j
ji «f>ii,i ^ht» ^ i su ->^ x d» \k^i tt !4i p ^~* t tcit i s
win tt> ,->(! 10 ^ v I .1 ill il n- V>. ' ^ I'.t " 'i UI ('.
JHi .s',tt-ni t lltls I I ] it
/ /
fitge 12
llecfjnter 29
Offtw
Pag*!3
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Table I
s Alleging BlMtlii
ftf Claims
14*
t»^e of Total
73%
Settled
Tstal
43
212
21%
100%*
* Cfelsss ssmy be tov^aatetj i:is&&i on lack of jwisctieitot, M&re by &« cfaksust v$ mpanst to saiitast attempts
flute* Siy fbg ehsis$&fit to stjgs sa&»s-8i-y forms for continuing fee proc&ss.
** Pswatsges R&y wt n*M ^p to 100% slts4: to roimsKag.
T»bl* 3
Ag« of Opal Ctoims*
l-ess than 1 year old
From 1 to 2 years old
Older than 2 years**
77 eMrns (52%)
58 ciaiiBS (39%)
S claims (5%)
* Based tm tkte received by OH 8
**f ive open claims cotttaiaed no date indicating the date She claim was
received
OEB Sites StaffiBg Irregularities as Reason for Delays in
Meeting Mandates
(Ht'l ^t I ll'l to Is M 0 (.lU 1 > I' Ob () > ' (
f -.xdtx / Itil I It i I, a. tit h !
Iiv t HI , 1 1 lit ,1 ' 1 so 1 I) v ' ^ ' ! o 1 ti I I ' 11
! *& / i- i t/
Effects of Israel Mandates
\ n le.l(« M «. nrfRi i
T^ tliLtO"V^ *• ! I 1 ? 1 I v i t
i >4s nrvt'v 1( m i "U>k(ll Hv ,
WKlt- ) I? tk Kti I tj'lc 1ft. !^\\ pU h !>
H ' 1 J Ll
llf ' ii i
t('l •» i i i illi I I I vn >l t i' ll k' >•
L« RH-V nf-h'i1- 1 1 t > Ik i ' (h(OH> - * i n.1'1 ( ' kit
(in. •»"•>' Kit. * Hi iUI> »( ''• I ""* -' s>.>i<.u «lt M >ltttltM»vc li. !!1 'lO») I /t , , -T,
""! * pt i I tv f\^ Hl1!^*! M ' ,1 ul ) *l t f! i
hstA" (>L ii i U 11 M MX iHc ')' I ' v! \ I ) ih> < i. I '
\ ( ' 1<>)>t' i H II 1 >> I
mil »v »\^ i 'ii U i i i i • i • v l'\
\\l > ^IJ 10 •><•>. li.Jv'>l<- 1111 ilS v Hi
.Ml»'«» ,alf,'i", ^ ft i I"
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K» M-i H Us \H.M^tt t KjU^^-Jj f)f
v. * .* •« ti j ' p t HH * tmv IK >v . f Kw i ^ .
t Uv M i* u* »»n ttl^ithvOI P»i tu ' ** k -vUiP ^ t.s«| >
«- ' , t'il h t>! H'shyifu^ »s vti * s, o<* ^-- < * t'
'?) s1 (Lfi m * ! « i p i ' u t'l \f jf ^ i ftlk I' ^ M
' t-^i I r - M,i «»t U , ^ -'Run P- V>'i f, '
in i st «., mi-H> i. «i Ktu OK v ^ ^ ** *i f nn
7 flu f t*£iditttv/> l»r//*c»i* Offtn? rnvtn/twittii tbttt tf*? Of ft hi?
t ttnffniiftt Mid n'vunvt ttttgutn /?i iff? f t-'tfU&tttt*? iftfUittif tit*trt*
//«• ) *tfi\latt\t> imtttin* Offm wctwnm n*h that ih*? (H >
MTMA/F Draft PEIS Public Comment Compendium
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Appendix A: Transiiiittal Letter to Agency
WEST VIRGINIA LEGISLATURE
PetfotmaiMx Evalimiiatt and Mafsrrh DMtlmt
(MK)
DecvrotMi 2, 2;X)J
M*e Mice CMe«
Office of Fsp^awvftS and Bla
Wa4 Vu^tjj^a Div>.ijoii of £'mrua
Ml Mrjankia R,w, WVJSMW"*
fV,ir Mt, KJace
Io twr^rait a t^afl u'py iff tW Full Frrjt>TjBaB0e Evahutw^ of tihss *^01ce oi
Bktstlni;, Hfsj-fcfH^t i> -Unttokd ^ofo^ |«^ssrato1 at ihu Sunday, D^tm^sr ! 5. ?SM!2
^ vf ttHr j"9il C'aron;j"M on fiovirtiawii ( ^ttEttSitwsy ft i* (.-spcUj^l tbsi a
x*myo*ar ags.m,v beptesaii at tho n « tutg fo Dfssli¥fc^fv>teJ to &il r^ort aid ansr.vr
;mv .tufsj^j;^ th? rnmmitt«e maylisv^ 1' >TOJ %\>ai^ li^e fA («hs*tllo sn ex't eonteti^'e to ^-«cu*<5
ftp) cmKwns ytivt m-^y !>ive usiii die tqiysf M«.-MI I>ei.-imEjei \ 20U2. i
pfe^&e TfCUly us-. Wtf usyHi >MW wrfe,^ RS| oaw fey IKKMI tm IVc«tnbci 10, tifcO?
te ^ Irftied ir ib? mml ^^srt
t thai yoar ptsi^^me! Us,\4 tl=e dmft re^i^ »i ^eiriidaiiul ^su that st is. i be
« n<^ dffUiatfid With war a&£i!ey fbasi } ua It -i >-<>ur uj^spe
Dtfember !«t>2
Joint Cama^Hft im (Smentment ofld Flnaitce .,-.„-.—
riff //(><• iif r»yvtv» tv.il Ktinii,,,'. ¥jitt \'>
MTMA/F Draft PEIS Public Comment Compendium
A-699
Section A - Organizations
-------
Appendix B: Agency Response
n, was
fSas?
i'age 20
MTMA/F Draft PEiS Public Comment Compendium
A-700
Section A - Organizations
-------
Vtfest Virginia Department of Environmental Protection
Division of Mining and Reclamation
Office of Explosives and Blasting
tive Audit Response
; Vv
HI
1 bv
jt e ^
H
"*'' H3v» s se-v! i f f 1 1 u * ~*t fii*> a' -1 f f»«.us * ^ ir '
r? >* y •> ? H t i i I )<1< t a <• n\* y M t,4 nf j n r i 3 1 > IK
"'"^ ii j! Jl 1 i Xf •i
t *? M * * O ISf t J S , bf^l1**!. "» IH* ft i, t" f*1 'i
"* *v c t * f *fi- rfft « i»>. u ^-f ucl */th n j dt t H
t, *• £tt?iv ^u J 1k i ^ r "t «t >^>t ir\ I -.* tQf H* t
ry (/» jt M»t
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xu t^ s i i f« i r{ > , ^ f '
i ATM n f ' f 'tt T^I l « »V f*
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J. i >sr tf •» f
[ p •- H n1- t f ! i S
1 if uy ! ' * i us. fc t
tfl
MTMA/F Draft PEiS Public Comment Compendium
A-701
Section A - Organizations
-------
IVIgintain and mrate a system to rtceiva and adstress question^. goncema.
f it* \ r v t y O f ) f f "N t ' ! rH ( 4 it i *- J
' if r M i n *J! -U *«.•! i no n i « ' i
i f * M ! H * k «*( ' i * i Off- / i i * f p M f *, ( i
< ^ it r*i if , ^ i" M s sy u r n i 1 *•)* di / !* if *- L^ s"*H f d ft ; *-
1 ' * ! <" "* w >r i KG Hf *•>* Q£ M- * t«.t i! t}{ «;}s m i * I y if > df>1
U* t ^U" «**sM ! * ' C !>bi Th sf"f !» O fl «w k |^c\w if( o
1s t*i , I I i M i>». t1?. fi i t i it , 'o l Tf^! « n*
J I 9V- t}f i p j f ! >th* CTB •* ! ! "• 1 t i I ^ i)l| I ! f ^ M f i"i f j r ^> ! t si H 4 cm* J i t ! > -*
Set the quattficMion IQI individuals and f|fm? |?ftftQTOJpg
t * i y M it J
A*, **MA n 1* >£ f 1- V «l okl*. T * «• * r w* * I * I •», *• b »M *» ft y I
r J1' * Mr > d^ fei* *fe * * "V ? ?k v ! * r*d n * n* •* ^ 0 * i *• * - ^ i" * J "t * 4 *•
We-5- A * ">p J^f r* * t^niy ft if j t*"pj"i t t ft**f 1 -injj *-» ^iii'fl1^'^*-5 ^ > t >j
sfdJM* th^ft£ t- fethn >^2{X'
tstefs warkinoon stafaee mining operations
1 ! ! 3 'S t,° -.F Pf t f bt ( I IS1 t V 1* > « p 'f! *> * i c
t r A if yiqc1 ( f ui, "f •«« n i f *"> t)!1 * j 3^ ! ^d
l *.<" ,^ >n*i j^ c r ' t 1 3 *» b4 i v t* !Ji l rfs ^ njp s,< H Ts ttM1"*
iat et f Oj * j> vr^ii ^ih(=af fj nt'K n t. ^ B *(f i f i ' ^ t *s?
JkJ i 3* > f'tdkJ* !f ^bir --^1 <**•. ;* f
» f"h c f ft 4J f1 ' S VGT i7 "KO f t l v J ittrtt U 1 s
nnt ettlM' f Ei t ( r cf t -* j M j; i *if f L
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OLf Vf
nwrf Xttaxting
Page 25
MTMA/F Draft PEIS Public Comment Compendium
A-702
Section A - Organizations
-------
h ' } i y 'I "
L i **y i ** &• ^
lf» v •> KIS f >r^ rt>» t«*tt
i ' u 'f<-. rt • t t hr ] f v ^
. ^ t ^ * ,** !'iv • "s <. ft * <, ^ t* i * r -^ »n ?! f iuf QM1 'tm n^o^k*-**
The OEB afso developed and established disciplinary procedures for ail certified blasters
responsible for blasting on surface mine operations These procedures identified specific ctrcumstarices
where a blaster would be cited for violations The penalties associated with blaster violations may include
temporary suspension or revocation of the bfasteris certification
The tracking system was devetoped by OEB to track milestones provide a digital record of claims
events and to provide general details of pertinent aspects of each claim This $ystem was not intended to
be an expansive database For the intended purposes thss system serves the office needs However
OEB appreciates the recommendation of the auditor and plans to review the existing data system for a^eas
of improvement.
Offict to ceiMiiKt study.
claims.
(^fflcc <}/E
MTMA/F Draft PEIS Public Comment Compendium
A-703
Section A - Organizations
-------
& dpi n tg.iJ'
Pats* 5*
Tt< f U « W -HI (> ! ^*•( ' >r»«-^ 1f * i » » r ^ f w ^r O
*t d ( H t > vt^ fu *• " v l3Ci ^ ! J*tt* y f'Tt.dt0 C? j L "*
u tj <,d vt=t , i » jjjfMj 3 i ! iy > f,*y s *r -o-
-------
Photos of Surface Mining Hasting {effe
Jl t . i .: f i
i
« )
* f 1 i. M / X ( j I ^ < Tt* 1 y* < * ' "V j ^ !S •• J d*" W / fh > I '' HI
• \ t t< * v* ? 3 H 4ft" I ' f M 5c } ff -! Wit i ( ^ * * A * t 1 '
1 > f »v jx -Xf f t, Kji t ly«-
> i " * j« f ^ j j •* ^ t 3^ / tt ^ *•>' f i v , * f. i! 11 i =. ^ 4 i i A i ^n
g;ppfijMSiP^
t f - AV w s ( 4 v Jy • t n ! M t-x K (t- C t
f *- i -n di i t / *t * y* i^
» i l f t f, j * * t* J(iX, * I %^ t ft, i-*»^H*y 3 -, ^^
( u f
Photo Caption- Emily Justice, who lives
next door to Jerry Pinscm, talked about her
fears after a boulder crashed through
Pinson's home State regulators said they
plan to take additional measures to fix the
problem of "fly rock."
From the Louisville Courier Jfwnuif,
"Boulder from strip mine rips through
Pike home; Dangling rocks threaten other
residents in hollow," by Alan Maimon,
Thursday, August 15, 2002.
Debris from a Boone County, W. Vs.,
home's foundation, part of %hich was
reduced to rubble by MTR-related
blasting.
Supports installed by the family to try to
keep their home (same home as above)
fro* collapsing after MTR-related
blasting destroyed part of the homes
foundation. A WVDEP blasting inspector
insists that the destruction was not caused
by blasting. The family knows better.
MTM/VF Draft PEIS Public Comment Compendium
A-705
Section A - Organizations
-------
MTR-relatad blasting has cracked the
porch of this family's Boom County
home.
The same porch as above, side-view.
A crack in a Boon County home's
foundation produced by MTR-related
Hasting,
A crack in a Boon County home's
foundation produced by MTR-related
blasting
A crack in a Boon County home's roofing
produced by MTR-related blasting.
A crack in a Boon County home's ceiling
produced by MTR-relsted blasting.
MTM/VF Draft PEIS Public Comment Compendium
A-706
Section A - Organizations
-------
fhis photograph, submitted by Robin
Benriey of Logan, reportedly was snapped
by an independent trucker ha** drawn
considerable interest from those who have
viewed it personally I he person who
photographed the mine blast said this
particular photo contains aft image of the
devil's ftce mstde the cloud of smoke and
dust
D003582
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SYLWSTiR WV HARRY RIDOIE- &ANUAL ARVQN MARY
iMSJ,E8 H&LUNE THOMPSON PAULBC CAN1W8ERRY AIL
'PHGNEP IN CCWtAINTS STATING THAT COW €8 JS1 FHOM THt
Et K RUN MINF COMPl FX HAD BtOWW ONTO MOhTS IM THE
208JS80&
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F i K Rt mi f OAL C *"»MPA.N¥ INC
flK RUN GOAL COMPANY SNC
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D FURNACE DUCT WORK
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FLK RUN COAL C
|
SptttJgsdry QLAOVFO(^.fc8MlNQ
HQUOW WASHED OLfT ON ? 38-81 AN&ASAtN ON 6 3-01 WANTSIBUfTALO MtHB«3CO
iT INSPFCTSO TO SEE & f)' ffTAl G M!N»iC. OH QAS CrtMPANY
l'NOffe'QN731-O'i M3R PETCWS VOU-EWWtXJMCEBNSASOtfl (
WATER SEE PS BEHIND 118? RSSiOCNeg AS NOTED B£LOW
F TO TOY sten lie *w pee THC MIHMJ CCM-^ANY
MSE«AMUS^«MlTilDU«>(SO!«)EOHOJ»D THIS ACTIVITY
(CfffAteD ASfFUATON WHESE Fi OODiNQ AND RUFOfT
IMPiftCtEO CIDZFH 9 PFCIPERTV 'VFfiBAL COifftAH^T OF
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PAY WATER B84. THEYRKfiiVH) ^^ffciR^»:^ST WftTFflBKLAS
WERE TOLD BY SUf f At O PSD THAI THE WATER Bftt WA"3 THt
COMPANY
lie whsro t-fatlsSia
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1tS^H^f*w'*(twlii«^wlK«JB
8S4PP01 flfrtlM (STORM VfeSrEB£>A¥"WA\SMfcO Difir<3<=F O« HAUtfeAD ONTO jSAMa« L COAi CORPORATION
toCflTAPOifel 56ATCO DBA'SCHOf
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IP' ^
_^ _ __ _ ^ _ _ ,..^-...- ___
t^Mt 'ff AtfeO flHAtT5(^lTSP''tHfc iOACKJUT NLA« .ATOG1C '^>At CO' DBA ARCH Of
RILEY CAMP ON BUPFAtO CfiEfeK ® VCRY BAD ALSO STATfcS JWEST WKSINW INC
MTMA/F Draft PE1S Public Comment Compendium
A-707
Section A - Organizations
-------
tastjoias
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TCV>KTML«*»RrOTMLCAHWAgHlASTM'SMTftgt»)A f WTSTVW ^(A IHG
SPRAWD IT Off AND IT WAS OUSTY ASAffJ TODAY
CtJ«r«y n qd < OMPANY
fAftJ^ wflSw auwwti oft ma motmtWn and atom) sfetes of lh& road since 'QREfcWVALLfeYCnALCOfff'AMY
Of* w Valto Coal biswti 8^5 aftMiwon
iDu oti «ufl! Prfad from roal t(«i« gelig HiRi Fefepisn JjliD VOL LEASING INC.
Wrtttfs !o ft»v3 oort coirajany to pu! av^ on toad H Sids hava (o 'MO V£ L LEAStNu iEJC
iw^fc to rfoti itont b« siop in iha mud
f"oal dumped atengRoole ll^aftflffiwelsattisM^itCWilOp Tl^Y! Nhff SAif ( hPANY
1 1NC
'Oo Q 1Wi S 4 % pm at«J 117'( 1 O 1 98 ^n steak uisd- damaqe QOM S COAL COS.^ ANY
1 mid »&=S«(3 H me 3towmg a«SM m cwifftg aft wgi °h«bf(f^es 'GOALS COAL COW£ NY
TwoKtofBani2'17 1 mini- Between 2< 4 00 see wJ &in« tf-tider ^'AttCOALroMPs Y""
andmor%x8s(atesn Wit c«2l8 1M I
(BLACK WATfR IN SPfltiCr LALS^FL F-f»fa< 'WfNOftfWRRf- OlffiCESftOW
S)stfit»S M Mavclhotne Goaf Company iu& Laused r iSFCONO TTFfU-lNGC HP.
Jerry Q«ds*flb*3tty and myseit Goal » (ORCHARD s ( /U, CO
•*• JopSig dp 4S«i u(» "^w^jis tn the ' pos* (fiet^od Wsbb^ Tlor^ at f rafe
Rfets«»tf mwa hoaiB) J^Jkirtjoww Ma c§w^ediM owned fcyttao HiD VOt tFA&iHG JNC
UWS ABl 'LTT 1009 YDS FROM TOAL f RUCK ENTRANCE DU Ttfe'DEtflART NMHWJQr fcWftNY
t fcRHSLE COMING FROM HIGHWAY COAL TRUCKS 0!W tJ&£> 1
N fiOAD AMD fT TURriS TO DUST
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FUQfftVt tSJST ANDWO&fc ^ftOfrf SJRf-tOtM>M3 M»C
iBLACK WATt-R REPORTED ATtCAR BOB WHITF OR JARRFLL t,
IBRANGH AR&A GAIL FORWARDED TO rep BY MS IA AND
INe^j county raafl wasfjed
|f& CwroJf te coRcemef Htrt RntAta Cowi Comowi/ is t*«3ng rUos-e
from ooal mim=tJ ai fhs ci»ti(>«ay'<5 HarA'ir s Crui't ¥tna on H^ir refuse
'OK tswirfl fO-lfXM^InmBiCKiHfie nsces'^ty and proper rtgNs a*»a
P1ONFER FUEL f ORTORAT1ON
CAS7ERN ASSOCIATED COAL
•CORP
PASTFRN ASSOCfftfrn < C'AL
CORf
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sugtne bntkos to
Coat I««* traffifi
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} traffic Tnc^w^iiigltiflnobyfOiWteldet^triidvsow
ig ItrnTMdrforK C«» Co
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i e»*»etvo(ySra*d and slio* tier na-kteitew a** '21Q1BI4?
POWELLTOW COAL CCSJIPANY,
COAL COK^ftMY, JNC
y" 200 1 !700"J^'eia^ma(!*3Jif5ikerif(om6ii gtesai«ac!8mmsdlTSirorafsrtied .00 MAftn>BKCOAl fOi^ANY iHC
toH™#mg 1«.90 01
9 iMARfOUKCOALCC ^ANY t
m MAPFORK f"OU COMPANY E
at 4 Op.m onl>*3jQ2 Rtr*j%str i bfc dlfigsfaildt
moljilB !*o«w steofe tii toni* re^S^ {xsd
att 1120410pm «atroto tn «W one on 1^02 kfwksthifiQS MAfiTOPIK COAL
« -60 MAfiFOHK COAl COMPANY HC
hs ijare ftJf Sn tua water tern ilia WtiSe vt«
3 iSTOTKFII E »1 YAfiD S »KH
-------
; ilPiJSI S3 &UINf$3 TNfiRHQMFSf Hfc VART PlMPg^ft TROCra "SSAI t OffiEK gtHTOY OFWV™"
(OVER A MS3BW4U. A«O 90 •«. OP THt TfMt THEY DON TUST AMv'lNC
'WATCK ON THE COAL TH&Y ATO ALSO LOAOWO TRAINS AT
WIGHT AMD NOT USING ANY WAT?R WHE-Rt THE COAL CC*£S
OFF THE SFIT ANf) fT CAUSES A B!U ClOt IT HAS SNOWED THEY APE- NO! RUNN1N0 TMFIH WATfcR ifNC
,SPHAYE.F!S RKSIOtNT ALSO SAYS THEY AW Oi(MPS*3 AND
SNI&HT
1 '10»103f><*3&55- CCWUMNANT SA®SHE^ANTSAN"iN^lCtORT0COMPTOl^fTC^IS^'llSlTOYlsn^
iHrR HOUSE AND IOOK AT THF DUST ON HFR OAR AND ON THF- (INC
(SNOW 0EFORL THE SNOW MELTS TOO*Y SHL SAID it WAS l
TERRSiF
"COot (XJST IS GETTING ONMYruSTQI4EtetANGMY}rARS "KANAWHARWgR'tERWWL-S""
'•WANTS PfeflMSTTEt TO HIRE A PEftSON TO KfcEP THE CARS AND!
PROPERTY Ct FAN
'fusffwf OUST WAS ai OWING off SOMJEDARE-^ & ONTO MR .KANAWwWivWtl^NAiir"
iflWS PUCl QF BUS8CSS WHICH S LOCATED APPROXIMATE: LY iNC
SOD YARDS SOUTH OF BONDED AREA WHFRE Ol *ST WAS ,
fENCRATED WHFNMNWSTlGArfcD WK FRY WA^ VERY
WNCOOPLftATIVE & CCSNTIMtJALLY USFD ABUSIVE tANGUAGE T
1-HOtJM. HASKFN DUSTED FROM OPCHATION NFAH HOfcfe. JKAWAWHA RIVfcR TER&EfMALS
INC
. .^HKajLATPQ.Nl3fOHK fQMffl M»fflG COMPANY
TRUCKS Aft! TRACKING <~OAL FSffiS ONTO HtGffiWAY ON WHtCH PFN COAI rSjRF7
SHCTRAWLSTO WORK GFTTfNQCARCTRTY EVERYDAY
CfTtTFN STATED THAT fWO STPARATE DOCKS Wi RE OTlNQ ,
THIS IN DiFFFRFNT AREAS AND THIS ONF WASNtSOBAD* '
Cfft/tW WAS CONTACTED BY PHONf- ON«i2P$ (
'JiiOQ LfUSt COMING fftOM ROAD IS rOVFftBW MIS PATIO FURNdURfc RCH KSPRSC1 DEWf OPMENt
'OARS, AW> H«X«. (iNC
tfi 09 Bl ACK WATFft IN LfTTLg COAi RP^R
149MM v
7 18 2f»1 10
'INDEPENDENCE COAL
^COMPAMV B«:
]f ACtF tE^LPlOY ffC:
kwa
W1OWN WATF H R(*iNPMe OFf yoUNTASJ WO WEST FORK
BFFORE COAi COMPANY NfcAR RAiiROAO TRACKS
AWFKlXfMATHY,>«tJYDS PAST RAIlfKJAO TRACKS
|DA!iY CniZ£W WAS CONTACTED BY PMONfc ON Wfe SgPT H ,
OUST ON HIGHWAY AT AHO NEAR ALL LOADING DfV KS ON AQtJfl A DOU< ING
|R£FfcRfcDTOSTRtTCHOr US 32 PERMIT NUMBERS NVCH.VED
»JCLLH5E AQUttj«i LOADfrKS DOCK PERMIT *O-ft«61-«7 NPt^? l
, jtWtfifraieoa fFN_co*LCOfi!* _5PB*reo_s___
CJt'!?lNS ON OUNTA"W FORK TONCfRNfeO T>1AT OEL8ARTON
COMPANY
CKLSAWTON1
_^_*^!!^yfc-p_JWAj^^^ftCt-O^PAMYW&reCTOHONSIT|_ _
8 11/2001 08 3G 38 MAYBE A BLAST OR ROOF FALI SHOOK CftLING FANS AND D£t SARTON fct$3!MG COMPA*SY
WfeTFROMTHPyffffi IHrtWBAfi Wit fiAHTOM MI*S8*JG COMPAMY
RECEitffcD CALL FROM 0 WJ-WTfc ON 911 FfLFERRAl BLACK E.ASTLRNAbSOClftrEDCOAi
WATER IN POW FORK At MARR!S _ CORP _
Tfte fii i rtrapaidw sBHea Mie^ fe^d rcaswed a c«fir?n s jifiona oaf) CHiTOPFF COM COS T^AI
•Myioji »iat ffte r-eSuMt (Jam nl ClH'^ifj^* Co^ Ctimfsany wes oveel ippinii
iNC
«J hat* him
f*t"t»1 i4iW17 DiiiiBw»lHtts("rwht><1(
i
110 ?0011630M Cu-dfrc«ntStbCf9«kCttt*
'KAMAWMA RiVFR 1 l-RMIMAU
iffiC
APOt^E COAI GO DflA AiV'H OF
WEEsT WKiJM^A ffC
APQQEF COM CO WA ARCH Of
WPST ViROIHIA, INC
723,-200-t 12^3039 Btt EWCD FROM TONY CMffiAC 72001 1 26 P M SUk^WaHASjJ
CAU^D DAMAQS FftOM HC*^ StDtNS t OOSE ON HOME HAS '
,HAD POLBLAST SURVEY DONE flY.RJPItm' CAti K1O J>ND i
|Si iRVfeY EX»ffi BY L^JKMOWN NO COPY YET ('MAfSCH^ BAD
'BtAST ON 7 13THT/> -ffi-AST ->24«31 AT 5 4
^ALLEO ABOUT 8UkST»ia TO M, tttVS, CALL HSPEHfffiO TO wi
(iOQAN OMR ON S 8 01 FW>M OfeB CfFED ^ OATES S TM.S FOR >
BAl> SMOT^ P 1W1 09 23 a B 1 91 5 *? p S 0) 01 7 20 p AND '
JC1O1 '.Sflp CALLED TO OOMF-LAtN ABOUT 8LASTINC BUT NOT i
,CLAIMN@ ANY O
81300
F-OS130D
___.
PO7tJ»ftO
^woi""
JlJf (TER CO^i GO iNC
" ]jUPIT£ft"eOAl GO'tNC
" |5jp1re$eoAt"cd INC" '
821 2001 tW SO/)? iBJ AST1MC D
lf-OLi OW IB3 BY L T PACK 0) -S3 02 BLASTING DAMAGED
'HOUSE (Stfc PREVIOUS Mft<35§)
OPERATIONS AND 8LASTSNT 'JHANGiCfiJt^' SDfeNtrigS
IFELT BLAST«HEARD«oiarnoM^AST AT 9w AM fH©
DATF AFTFR RFCFNT T^FSRORtST ATTACKS THIS fU AST
'SCAPtS KtDS WHO ARE NOT OU> ENOUGH TO DK*«N
ID^FEflfcNCCa WOUfDLiKtCQftSHNfrS fOLlfj«T OR CEASE
(BUSTfrlG FOR A DECENT PERIOD UNTIL ADJUSTMENT CAW BE
'BLASTS EVENTS WAi««i HOIJSF LFTTFR tt KT» ES" " |SipitEScoALco"ff
rEVeNtSONS'27 3-4 9*6 915 !
FOI1OW UP BY I T PACK 01-03 2O03 BLAST5«3 S^AK^O !
HOUSE _ ]
TRFKfflTI»GSLASTS>S3 D&TfcS THAT SHOOK HOUSE. ElATES - Ifr MUPl'tEB GOAl'CO'lNC" "
*«-24 n'SMI 7 813 1*ft 2ft 1^ 4 NO WWftT OF OAdtftQf S
AT THK T1ML {iETTER ATTAa^fcD} "WVD£P HAS TRIED
WPEATFCtY TO CONTACT MS CASTLF AT PHONE # PRHVttJFD i
^PitASF PROVIDE AODfTDNAL PHOHF ,
& AS) ING SHOOK MOMT StC MR OS DftTSD 1 1r & JUPiTfR COAL CO »*
OSlow ShScwa f»appKmt COASTAL COAL WtST V
'Dead (tsii tn MH&ourl Ran bHow pfapaKattoi pfanl
. Waiar W Mi«KOiii1 Ran J^ow Iho ptspprsliofi {SfflM K Ma^s a;
i,9O»1 'COASrAL COAt^wlSt WuiilA
COASTAL COAI WEST VIPOIN1A
JLIC _ __ __
Fmavmg JCOASfAt f OW WFSf '
U.C
3tot fCwKfE COAi C OMPANY
9 252001 13 28-09
iy Water CONSOl I
at good OOaiav haahSKJab6t}iae)e o t&Say Sftsofc fijuae Ho«is at*w«n. f-wfdca on inside waBa that ih tUVLRTON C
er Hioydstra Waite ^ro hog hai<
^.^061 11 J"00
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-------
ttt At. K WATtfi HM R JMCtifCK
BLACK WATER SPILL IN RUM CPE.EK
BANDf «IL CAM C ^l ORATK #
jBANDfeMU COAL GORPQHATIQN
BWIDMBLC
MAK&1G AJdEPf US SPOT N COUNTY R AO
J01 1 f>044 iAST!N&GN61 01 i»ND§ 2301 WA< HARD AND SHOOK MfS AtFXPNFRGY INC
120011400 2 8LA n&(30N7 G1AT44/AHD?t 1 AT 4 IB SHOOK MT
AMP K?^ii^j3j>tciu^8^^ , , r
AL£XgNtW~Y f
? f <$ 1Q74I04 iO*STfRQMS#
JW6W001 104 ^7 SAD8LASTAT 10,40 A A TODAY 9-6 01 QEB IHSPfcCTORS W£F€ (/
AT MtS WOt SE AND HAD QOhffi ON THF JOB ABOUT 3" fcMHi T£
ALEXENERGY B
» 2*S>1 11 it* 00 ftuclr J
g al 6«wgfiso(r MiHftig Company
ftimwft HOWN TWC STREAM 'TftACF TRLESf GOAt COMPANY
8LASTING DAHACLD FWEPIACE IN MARCH OF 3001 FTB*rE CHfLlf COAL COf^*ANY
iWAP^TS Wt-LL WATER CHECKED WATER IS RFD TRACE GHE£K GOAL COMPANY
I
NS Wm oh 11^ hf^i"*t S TRACE CRCEK COAi C303g ,CrTt2EM SffttfD TH
<: (j
" 1030 32 iCrreEWSfAtfO THAT ACOFSS ROAD 8TTWOENP
HEAD OF flS-Ffi BFtANCH HAS WA$*«D OUT AND fS IMPASSA
WSOJJtESPOIS ALSO PONDS NtEOCLEAtCD <£(&LQt
11 16^6 *fcXrHEMELYH#F8JSHOTVOC{ajRRCOON&ai ® 1 SOP M f
9"26*-411PM SHOOKHOU8£ TEARl«a(r TQPECES"
__ _
( COAL C/f JfANY
*TR«CF Cftt-FK COAt COWF'ANY
1 102^iM "^ILASTAT )2^ VTRYBAtTo^C'jf^^DOK9*^8 AfaO^BLASf'AT"fRAC£°cfift"if COALCoSpANV'
10-16 SHOOK EVERYTHW W HOUSE" OCCURRFD ON 1&2 |
Oh OATESAtaJTM'SOFBlASTSfLLT fQRWARDFDTO
ItS'ECTOR r^KE Ai 11|_1 f 15-01 JUHM FLKSHFf)
1 160047 RESIDENT STATED HE WAS OUTSIDE DIGGING WftTEfl LINE AND TRACfc CRE£K COAL COW) ANY
FtLT VIBRATIONS iOiND fttR BLASTS ON 11-8 01 ALSO PseStTTNT
iRFQUtSIED UDPrS OF PHPVtOUS COMPLAMF FORMS i
fcXPlAlNKO TO RESiE^NT ! WOULD HA\€ TO G£> THROUGH
!GWG TACK&TT s PAPtRwoRK AND FIND THF FORMS AM '
i1 J^-OO1^ "CALLl^CEfVEOBYJSJROf tWSt !2 4 01 W^OUW) 13 00 P M TRACF CREEK COM COWPAW
FfiOM RAVELLA )N f«TRO CS^R OWICC CALL WAS ORIGINALLY
TAKkN 12 "3 01 AROUND IStiOPM SYSOWONf- SM AiRQtJALfTY
OF^i^E AND REfTHRfc.0 to HEf%tRAVELlAQ FTOW SANDY
t:ONWAY At A!f! OJJAifTY THIS AntRMOON 12 4 i
M1W001 144/42 -CAUERSA»1 BLAST C 11 69AM SHCKMtHOUSE*OHARD
THAT HER ROOf- OPEWfc.DA^' AMD WATER ItftK^D MTO HFR
'FOYER UND SOAKED HER tew wfiPET SHF SAID ONE DAY rr
lSH(X>K HFR OFF OF A !.AO0fcR SHE WAS KTAfCl^tG r»J -
PESttFNT At SO f OMPLAffCD OP WATCPOAJAI (TV Pf^Offi f »*S {
jWAS FfiED SJTt IMARCUM STATES * HAS R:
BliiLDING A PORCHtON OTGtRSBf-R
•*S( AStT1«G AT 4 «) P M SHOOK HOUSE VERY BADLY
TRACL f~R£tK fOAl C
TRACT CNFfK COAL C
) (W f TPPfX CO4U WiMPANY
fl KtCTKf DPiCTVilFICSOST THF WALLS
WSMW THOUSHT THEY went: sajppo^o TO BE
fU.CUtMfN9 BUT THEY ARE HftiA.*iQ COAL EVfcRYQAY DOE? ,
«OT 8ELI&VE TH?YOOtAD POSSffiLYBf W CO^tt^tiCE WSTM '
W*LY WATER IN (SRAGGt GRK 2MDCAL' PFCV!OUa.Y-CALLf D
> AFtin*'HtiitS{tdenifl»id»arfyU[)a*6fl)fa*M3d)motne9ilCMter
C liters wait bt&dt water tl^vsg &t«e i % Foth He nnps^ti tiss!
lixxji ttcmsiMvaSto ofitttti be rratSted StinijJately afiof h«altif^i ihls
« a fwfiis!
alabout 1030wastou«}an!lsli(w**i«(sa«9haKllt t
a mmiPte(l(t(>*irliiSKrt«ftHrt»'vait VJ Bowroan tpifeww at^rft
s tmStrdfea cts^KM
!MM«cM««ialarMi!toBjj8irrt»R{w Dust w
ftm~w»^r6fiSSBnp6has^enitBHMng«ry Msflpro BWW> stifwy (0r sJHske tosse and wjfittood rf >
ig.joay.jMyg afiaded we8 ..J,,,,_.^nm,IT. H , :::::ar:,::,r-^an^ !
MTMA/F Draft PEIS Public Comment Compendium
A-710
Section A - Organizations
-------
1324200
1'1-2001
14SOQ2
1 *aooi
f'Maoet
*S'1 2001
i_ _
'Tfe'aooi 1
ioflaietefveo Soim aacte a
teamstYSame
1' 09 OS |M»wng on PatriM S 1SW-00 has caused taiga ttwfw anrt aarftmotit to> foa "PATRIOT W!tN8>ie COMPANY (
ft (ha steam KSas&m Run) iK*ftd far Hsskteju^
G9r^^tfte0m«8) AffOu^iyafXttS^^^gfcSof f^fttteT MWffi COMPANY J
Uif*Kj compan fee {S8*s«lts> 1002 so '
oe W -00 Ffyftjds from Patffoi %mgs*3iE*ofiR8fitoHiin3fa was cast onto fits ,Pftf&!OTMfNlN8Ct MPANY J
13«000
si*isPat(i^Sino?o9?qsi«a^r^inje*i)ar iwking |PATRi T Mi«^5 ct MPA V 1
19 CemiBfiBM w«s» «aS*eH» to (togantown O8M the* ,
ilwiCatto imsw&lor Spgdatot. fp *
OR 4 -TO Mr ML WyfcafkKFeqffiperiaro buflfangfs&Kisa^oit^ORtmBte-iteg WfflKH MINING COMPANY I
on P^trtOl KINfi$ Co A itK permit S 160a-g?
00 40 60 1Dete8ffomStsrtmg^aMCO!^^^inMui^on^lft»' niy Is boJng dutflp»(* VftEgPORT (W»aF«3
*'*« Frespofi Mtolngfs sSrtp pit CORPORATION
11 MS} Sunae* fastis fis- caused waisrquaMy in w^ to woe on FWePPOftT MIMWQ
31 20011130'"0 B«Bva9 fit! WSSfisg has caused w»«*ilftg to kHjmtallon and "S
hlfRSEy
'-^oi ntvirxj E^fiHi5gitefl*PMFh5Sio&787rtaecfflu^ S8*nsge to ihw h
[PATRIOT MlfflNQ C
'
!f ATRKJT M
b Two (M holes BOS tod
ttrif W to* af6«hs n»ysBt"iiy awnetS&yhtm Hei^so ^
tndnai&d that Iva hatf ^of recsivM any ntstticsilon Jfom N«-sco ptior to
to»tri tnifimg on their pfiporl^ ar«) nof pa^nis TO^tHte £
wdttte So (mow how checks ami frafdnoss ,ifa dsSermjtusd to
l prc arty owns! &pa petu foytiHra1*
iJ e( Leatharaoad^n^nStftwdiKiSM Leatti6two
ntfl r«efe6 ftffrs [Orpce-bto! soway (mmFute fence?n«J s&oui
ACOATCQMMNYYtMl"
!A»t MOW
on -Wilty T
ig Eimiio vitnaJlng *m,ft««ft
(
Tj»e w hSva fssan many mere si
i 06 13i$1 O 5 37 06/^0 9
nwfddy W<*» w 3? dssp dnBsrf 1 74 Siww Wast *t« ft=*s betas m
ami iltetKitoied H tm ftd m 00
12 1 0l ««
Rams
3 cat ta 1701
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•1 t"s 20 m Btaai w 1? tr oi aatween
jMteHSiOft 8ism ustfsal. Ssssi
iioa'*n1too*$H wMWJSS _
rt iBiPo-o-t %a»oni2!^f^i-to*fififtoiissturnseaBfltth^tt"
Ww»,eo4-PSafKl*Wpin _
1B ?5 00 Btest on * 5 ea at 2 24 pm shOoirh«i tome to the ptfont that lh$
I»enJowa raised ami ifto»* ^«J cooM le«! -WbraSon oadsf her teat
a ind^iwKteace w Progress Goal __ _
JE window s*-
i M* wirafowa ft! teer iNWPCWDCNGt COAL
. ^...jt^PMF'Ajft.ftjC „.. _
ftjrfiSfflg , cgjyyANY, Me
was *H«4«r wfiti m*fe ThSWj®F(BSf^Ai '
lamage iu Ihfe tiotro W CQBP&WY )NC
COMPANY, a^f
ei WDEPE1^6£NCE
.COMPANY iNC
MTM/VF Draft PEIS Public Comment Compendium
A-711
Section A - Organizations
-------
.OCiMf AW i«C_
'.& 10 *X) Mr P&tiy adwfess ttwl fta tia new tort fitted i*! 8ia nqm to a P«J [{NQf~reND£NCE ("X3 L
Waal ritfvey and tti«! h» Iws prevtousty "sBsijad dam tge f rs m fctaatin (COMPANY INC
ftfK>eetlg,i)ed liy ROT Shefits from fte \,t$B$t Oftes)
M^J«(XJ Itoslmg is shaking twt home an a feguiar basis ftaHoltawie da* 'iNDFPFMOF NSY t AL
iHKtiiR ware rap rted11 2?(i1445 1? 17-01 aUlTjm 12 37-01 « COMPANY INC
i *iO(jifl 1??8 1 at 330pm I40ptn smiTiOpm 1 2< al
ia-^spm i 302atiQO* am andsmwe
! 10 4? 00 BkjSifl MI 1 16 02 at 10 3S £> m shG k hoiBSS and (ifsfa&ttf the *Sio6s IMM1PLNM.NCE tOAt
ra«gMKtft« COMPANY INT
41, p.«t itt& on 1-ga02al Ifr* am Srx Ahar terns H 'COMPANY INC
WMiams am *smsd ftaf cofifimis sttaMttg #$ damage fwf (t^ifie
£ Q2at«2 f> m
4 seconds Mfs Ftotrat ts
ftoms
•14 H1X B(a«a ss 1 P8W fi 1 33 p.«j •JJWQ* INe twit-w
sfttsofc her Unms Tti bkai (aaed ior ST^nFPCNDFNCf TOAl
flsaaboulthacoirtlntHJil shaking a! ha COMPANY INC
fil* ftnma and MJ»CEJ Hw »>ndaetf9 TN" occur0 anwa
1100 Loud blast th?l faatefi die *toW
PtERLE, S EA®.£ COA1 CO
ICAWM^tY ClJi»i C'
u -wg (Jimage " ' '
] eaKismj} eiama$a
g siselBd m fiw area and they how sof tee®we<1 a fx
PHfTCHAHD MINSNa C' INT
.PRlTCHAiRD-MiWffjQ CO INC
fPRITCHW^D M!W<3 CO INC
PRn OHffiD MfN»«3 CO IMC
iPHrTCf-f>«t) MIW8>1G r INC
*ihWi Botraa f
(B cau'^d by C C Coi^ C
PRITrMAFiC M
* of CC COAL CC*'
i INC
* *X) C' nt^iwEil *i
Wh!r« oak Cfp
i ,60 ^xsig ^xl fiws? »S8 havs K^j«fi«n'*ea wassr to aa a watft at *erV Cf COAi COMPANY
cjoo m thfc Creak ftyCC Coal C mpa«y
y aiwi'ifitee w* iimre 8) iagoneapyandm swduppufflp cCf OAl COMPANY
!^"s^ 1 1J4100 [C^it etwfSPr-C'iTfiafty **imiia)HK>* to deliver s^fiout hnrftovrtig to caM [CCCOAi COMfW^Y
TBwwy«wo* C&ment tri*c*sgolndtothe frstfta sfte sfe g(^n loo (drat i
a wjono fiodtoHerU i
V put t ravel EM* if
To^SalSfl eotiaifu'tei a 4 he t Np'datti wiBiaTwA« Wt ppes AI^At.JGHiATl*ft*S INC'
tRisa ftnfe tw "an^l t iiafiiteftw water (tft* Fays te ha eti»riplss«Kl
C AWALAf HiA-JKHTJ1NGH*K.
a. Jfef «tofl
!euptosr
e ojwai Rocks wora tieaid tatting Straugt)
ate h*xna CcJtiptsmlaea jJ«le? thai nti
J22001 1 ix'OO ffiastirtgfttimPaynlerBranchSAnaig liKr
rwnfelte ftom« g^K In^tad af Cy tona WV
^ MJ1 ti1 "0 00 Sissitng dom Payntw Sran1^ f^r^ig tet. aortas trri
Have i"^awtl re«fl« in a cto«il«(cltnt
iMfldft 1-S!JWM?!|fe_, „
PAYNTER BRANCH P,i
cafeja „
i 8NsSJng(fitftai)a6EnM)fiteWlst^
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s Ihal ttie bias! Sial
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[12fH2001 1B *JOO BLAST AT 16^2 HB& *3HOOK FNTtRF HOUST
72r2*xn -s5nS51 His Ba» dBrirepwtHdbyfmofisiJn? 2501 felt Manis-yefe ft*
' raL JTI Smiteee S"bon 7 1ft 01 rfnd * 710) On 8 8 01 Mts B.
is en 7 3*J 01 anstS--) 01 w»r-s hard and hook fiar
* f COAL CfWANY
CC COAL COMPANY
<"C COAL COMPANf
FALCON LAND CO iNC
4 001*
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VfeRATlQN R6*5!D5-NT i iVES ON HILL AND IS GONTFRNED
APOUT 1 4 ti'itl Of C.-OWCfSFTf D"^M WAY LATER FXPP-FSSFD
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t>ytJ&!DfcNuE OAMAGfe BUiiT TIME 12 12m AT 174S
* Jf*)l iOiv»<36 tDWPLAtfJANT HAfa IMUK »rtJ>THAT TH^YBFt E^F THAI
DAMAGE HAS OCCURt^D TO THEIR RESIDENCE DU£ TO
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THROUGH
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CHANrS S IM WATER {Wt^ I) DAMAGE TO MOM£ d i iNSTABt F CO
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«EAL BAO^LAST oM'/'T^wi Wio W4 / >J«iofATi'W&
I r9«>VHl01 AT 4 *i THf- CHiL0FCN AK &t SRED OF BLASTiNt
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*iARRGW&ONF OEVFt.O^^NT
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THATS^-iF M/>SOAfJAt^isf ROMHUSTINti TtWl HAVF
OiXLRfCO SiNCC THE 8» WitY WAS D^NE i e KiTCHfiN aO<
IS 8) ANTgD i THPRE ARE CRACKS IN THE BATHROOM ARt A
FWHI-iOWSONE n&VEi.OP*SEMf"
MABFtOWPONE DEVELOPMENT
AREAASO'/T 12YEARSOtD AtSO T^C FOUNDATION IS
CBMKfcU AKDTdtrABiWT DO«»H*S WILL Ni* T CLOSF A PftE
BLAST StJRVf Y WA9 TONDUf TFD
1 'DAMAGE TO HIS CHIMNEY AND f LOOR OF HIS HOfcC BUST1N& MARROWBOEit OfeVtLOPM
.FROM MARFtOWBONF DiEV Afi^UNO^PT 11 200t THR££ CO
KHOTS IN A POW IN THL EVENING t LOSfc TO f)ARK NO PH^
BLAiG 2 T'l 9 TIMES A WEFK ABOUf-H> G M TO fed*"' SLA^f^ HAHMCO PNEPGY
HAVE BF"eN V^RATB^G HO^S <" OfCFRNED CONTINUED HARD f ORPORATION
PjXjffq£ffWt.ONCSOAYLVLNgjOAgOjJt ?*^£)H-«—
36TT41 H£ BY OCCUPANTS BLAST ^
flf)A«CH (T GJ-fAUMCEY HE H_b>W HAS K:F N VERY HANNCO tNiBCJY
MUDDY ( Oft 3 GAYS CITIZEN JS CGHCERfffiO WATLfl iSN T SAFE CORPORATION
'FOR H>-^SE8 T1^ 0fiB*< AND HAS SEEN HAUUN43 WATER FROM
HOME
MTMA/F Draft PEIS Public Comment Compendium
A-713
Section A - Organizations
-------
SS018&4
8SS1SSJ4"
S5015S4
85Q1SS4
SSGIS&T
8301 VM
S501SS4
9SOTSM
S50S594
SS01604
SSCJiSSM
S501S94
8501594"
SS01834
SS015&6
85m 5S6'
S501SSS
rS&Wi ta-OSL41 jBLftSfK^ffiadKf*DAf^GCON RESOURCES, UC
(MPACTfD 8V W €> 5 WATER FROM LfTTLt UGL 1 BR ON 7 «-Q1.
DISCUSSED VIA PHOfjE iN PAST S RECOMMENDED THAT A
WRITTEN COM^lAINTSEFlEDWfTHWWSP THBWFUTTtN
CGMPLAtNT DETAILiMQ DAM'XQES & C O&T RECEIVED BY W V
FROM Ei/EWT FROM I fTTl F UGLY BRANCH ON 72901 CAUSFO
BY H0R£t>W RtSGURffcS COAL C O
8 1C001 16 0U-01 WATER S MUD OAMAQt TO MOUSE & PROPERTY PROM LITTLE HORf^N'ReSOURCEsTLLC
UGLY BRANCH WATER AND MUD IN WELL COMPLAINT Fll FD
,S'1 11 BY PHONE HbLtlVEH FOLLOW UP WRITTEN ff^LAfNT
ft. f rfnoi 16 if r ^a ' WATPR * MUD OAM'Gf- f 6 HOU^E S PROPERTY f ROM LiTTi F HOftr?ON RFSOUfiCI-S ! 1 C
UC1Y BRANCH WAfERSMtlDtfM WELL
S'l 2t11 1-6 1S08 PPOPgRTV iMIWTfD BY WATER SMUUf ROM LiTTtFUOi Y HORIZON (IfSOMRTCS LLC
BRANCH ON SUNDAY
» 1 Aflf ie ~*y -PRUPEP1YNPACTED BY WATERS MW FROM LITTLE UMFY HORIZON RE °GURl FS LiC
PRANCH ON "it INOAY
8'1 2001 IS 4S 07 PROPERTY fMPACTED BY WATER AND MUD FROM LiTTlE UQLEV ^HORIZON RESOURCES LLC
BRANCH ON SUNDAY
8 U/2001 10 *S *$ i ROPbRI Y D«MAi>D B i FLOOD WATFR FROM HOBlK)N 'HORtZON RESf i fRL.CS Li C
rcsouftres u P POWD FAft.ufc OUTBUIIIWQ HOT WATFR
HEATER YARD & I£AYB£ W6Lt IMPACTED ,
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,DAMAOE
b. 1 ' >POi 12 00 B7 PROPERf Y DAH«<3ED FRO! *BY Fl OOD WATCH FROM HORIZON"" HORIZON H"£^5URU£"CUC
-RE'SOURf ES PtJfO FAILUfiF 'OPERATION HAS BELN Uf^OCR
fcNhOm EMCNT ACTKB) &INCE " 29 01 COWIPLAfriANT SHCTJLD
FttAO THB FORM CAREFULLY BACK Of THIS PAGE- EXPLAINS I
UTf?EN RIGHTS j
891 "3001 1?m-06 PFSOPFRJYIMPAC^DBYWATF-RAPffiMUDFROMdTTLLUGLY'" NORllONRESDt.fFlceS.IiC" " "
BRANCH ON 7 28 01
UG.LY I3MANCH ON / P9-01 CAUSFD BY ItnRlZON RF<-OURC£S !
•COAL MtfC !
10. "HXM 10U033 HfjMEOWACTpDSYftrODF^NTOF? 2«01 WHICH CAME IHOR1ZON fiESOURCES, LLG
mOM LITTLE I'GL Y BRANCH WHFRE HORIZON TOAL IS j
I^CATEO •PBFWX'SIV O*!NT WII ' *" jHORfiSON RESQUHCES, LLC"
f Ol 1G |SAW)Mfl.L COAt COFiPOfiAtKiN
21 26 S 27 ¥feRY SAO WJ^ST ON 21feT SHE WORST SHOfit |
o;:cufi ABOUT 4 JOPM -PERS t'« HRftNAr&rrE 12-301 MR.
DKCE-RSON Al SO CONTACTED COMPANY j
1*> IJ-asOl 1? «S 18 SIA-ST OWU 18-01 AT 13 ft &OUNDtDl»tE TRL*CK RAN " "'"^BAMM.i'cdArraBPOHAfiON"
tTHPO!KaM HOUSE WITfJCSSLDHUGEClOUDOf DUSTC^MSNG i
iFROM S^OT.
!2J*fei2«)1 12,40^7 0LAST ON 12-18-01 AT 12:35 WAS THE WORST HE'S EVER BAWDfetiLL COAL CORPORAT5QN
HEARD, SAiD HE SAW A LARQE CLOUD OF DUST AND THEN
ISOCKS FLY OVER THE HILL. {
8^1796
S5CH7W
S501TSS
«»
5^2035
SH02-.S5
3«STjifw7
eta^Mi ut Ola«mfjh'Wtam^mJ'»ytftn§ wa*r is gwng few fsfi
.m^ay fc rtw ooRWrtary
S«j 20»1 '« *J 3B EXCESSftC SEOaCNTATtON A EPiO^tON ALOW LAI *fi£X FORK iAl FX ENEFtQY INC
ALSO STAIES trtAt DC fcXTRA FLOW OF LAURFL FCWK HAS I
n6DIF(trT£D THE SfRt AM SJ AND AROUND M!S PRQPCRtY
ERODtN<:i OUT ROADS AND FENCE 1 IMPS CITIZEN BELIEVES
THAT MiRTAOJ tflNINQON SAfnPfPMfT IS THF CAUSE (
10?iJa66l T4;14,17 "I'^ffia ® WfCD Up DUE TO fifcASTtWia - NEED WATER' f Ml? iALEX ENERGY. INC.
JS&PING US S4FPOSEDty BEING TESTED BVACCULA8. MR. !
WEECE IS ADAMENT THAT THtS SWtNO HAS NE^H GONE DRY. s
GET MUDDY AFTER BLASTING. CfTKEN PftJVtDED A ONE 1
GALLON SAMPLE OF WATER FROM THE WELL THAT WAS MUDDY j
TO HAROLD WARD DEP SUPERVISOR, CETI2KN Wli, CAU DSP i
. WHEN WELL WATER CL£AF*$ UP SO A TOE-BLAST SAMPi. j
THE L0S6fN>MfiUB8M3 ON POINT ABOVE ACCESS ROAO i
ACROSS FTO& HOUSE, HE IS AFRAID A ROCK DA TREE MK3HT s
CWE OVER Mil OWTO R<5AD WHILE TRAVELING !T. MR, N££CE !
'ALSO snoweo ^t HISSPRINQ BEHIND hot* MF SAID s
1 IfcHtooai^tafl BLAST $HOOK HOUSE EXTES3tVrLT PENCHULCORP
1 i& 2002 10-38-00 "BLAST SHOOK WHOLt HOUSC NO DAMAGE REPORTED PLN COAL vORP
KTTL-HEN OBNCTB WHEfiE ANL»OT1FD TO CJ II iNQ ?nd \
-FURTHtR DAyftt^E TO SAMT 1 t" ^ SHOOK MOUSF S DO^H^
?18PM3*ctl 18'8213'JePM SHOOK REftLLY 8AD* MECKS
HOfC B AWROV SOO FFtOM SHOT T ,
1 1 /112001 (y 9"^ 8LA3TM3 ON 1 1 8 AF 1 1 P AND 5 IS SHOOK E\CfiVTHtNG (N j Fffl f OUNTY MININQ B«
THE HOUSE ALSO BLASTING ON !1 ?8 At 9 4' AM ^tOOK [HE
STUFF ffjTMFHDM^ THEY DLAS1 ABOUT TWtE A DAY AND !T
SSMlf NWOR^ ^INCL 1HE TRj-OOUNTY STPIP HAS BFFN 1
BOUGHT BYS0ME.0NC gtSE THFYDON1
1ia%'20010'(3&'32 BLAST^JTON 1T27 ?8 AND ?fl WAS VERY HARD (VBRATION TR1 COUNTY M^JING 8^C
CAfLtRSAO IXiREISWOSEN1^ INTS-CMBLASTlNu !HAf
HARD SHE SAID ff QrsAREO IMf-M TO DFATH ft WAS ^O LA' >O
11*28ffl0010»<>4/)9 SSLA'STB'iiQ ON 11*37 AT -43Q 11^ AT*? 30 AM311 5S AT R4S WAS ffRI-COUNTY C^JING, SMC
VtRY BARD (ViBRAl iONj THtRE f« NO SFN*5t M THEM ;
BUSTING THAT HARD SHfc SAC IT SCARED THtM TO DI ^TH IT i
'WMSOlOtID J ,
1tiS&a»! e*i?S$t AT AlSOUt *SJ SHOOK OVEftieAD LK3Ht IN iHOtET ft^JNG INC
klW*@RDOM. ?
eis^oQi w-ee-ais DUST is NOT BETO CONTROLLED BY THE COWANY {WHITC RMC ENERBY #«
MTMA/F Draft PEIS Public Comment Compendium
A-714
Section A - Organizations
-------
«,^
ssaaaus
8»if3@fi
S5023S6"
SS(SK&" "
S5SS36
S8JK288
•iVv "SO
K«2Mfl
SS05SS6
ssiir—
S502^S6
esoasss
ssoasss
M> IfcuHXJI 111 1S W
1!>^>f POT1 1" ?4 01
11 .. JOOl 11 IS If?
1t-t*jari01 134^32
1 1 ^?japoi r^ 4? 44
11 •>?''2001 t >Oj?"J1
1 ' JD81 M •*«• 00
^ V >X)1 tS ^j?%
a ?^£"i
1 1S'^!02lfiin-40
i wWypW^ite
1 *f 300? 10 «^ 11
10HX501 144003
• 4AKH11WW
,WFlt fS£*Y SHEMAOCOMW,IAMCt.*IUNrfOft!l*3TtSTHER
^WATPFt SHF HAS 2 WCLLS AND A NATURAL SPRiNB AND THfcRL
(SNf ANYTHIf K3 S^LPiNQ FROM THE SPRING AND THE WFLL (S
WELL HAS S3E6N Erf Y FOR ABOUT A MONTH SHE HM) K*OT
.CALLED 8EtQHt WOW BECAUSE IHtY THOUGH n MIGHT
RECHAROE BUT It M«.WT
INS ONI REPORT STATED 1 HAT C fORGE UftYHLWCALLtD IN
ICOMMAINT AB ft FtPF£.S£NTAT!V£ J-QR VfcRNQN EDWARDS
ALLECINa A OUST P«Q8i£M AROLWO 10 IS AT t> X>1 or
RAGLAND MOUm-A-^
ULW fe TfcRHISLE FROM TRICKS TRAVFiLWG ON MYSTLflY
•MOUNT A&J
EUST FROM BLASTING (3 WIRING H'XISE1! CARSANDLAWN
'DUST FROM 8!A«!TINGI8 SO «ADrHFYGA«1 SITOUTSftX
TNESR KCU8E
w7wp^^rb^SI«i"Hfcefw> S.AST AT THE MAFsSH FORK ELEiMENTARY fNDEPENC^NCE COAL
& HOOiAnoUNQ 12NOONTOOAY(917fltl ME THO'ttaHF ff ,( ^PsfPANY B^C
1WAS A B< 1MB FXPl ODItJa i
%LAST ON SAfURDAr 12 101 AT 1318 SHOOK HIS HOUSi HP ifNDFPtNDENCE CO-«L
BRA&roftD S^W THF S.^f*£ FSOftl THE BLAST AND ffJULO 'COMPANY ING
TASR (T i
8U>STf(«sON121? 01 AT 1836 AND 1638 SHOOK HOUSE JN0O>£NOU*X COAL
COMPANY INC
i OUD Bl ASTiNG HOME &HOW4NG f BACKiS W CtR.NO AND ffiDFPPNC^NCC COAL
WALL'S SMF BEJ EVES AA6. ( AUS6D BY BLASTiNf^ =tHf HAS WTO COMI*WY INC
RgrgiygD A CALL FROfcl THP INSPECTOR THE OAK Hft.L OFFCP
SjMU Mf WOULD OONTACt HER FftGM COffPt AWT ON 11 J 01
BLASTS ON 12 17-01 « 1812 i \t&"> 12 19
PWTIC^n CFtAGK»iG 64 DtNINU ROOWFLOfldDA fTi^M "STATED COMPANY \tir-
iHt, HAS PPf VtOUStY HAD 2 BfWKEN WiMDOWSflEPl A^D
DctsNT KNOwiT WASCAU^OBYBLASTWOORNOT st«3T
ON 1? 1701 8ETWEFN 1400 AND IfiOS fcW PfTTR
BLAST ON 1 5-03 a 1624 *>HOOK THF WSNf*OWS!NH£R HOUSE, +IND?P6NfCNCr f 0*L
AND SH^FEIT HSR FEET SHAKfNG 'COf.S'ANY iNC
'St.ASTON 1 &SWAT 42dPMt'HOOK HFH ^-tOUSF ANtDKPJOCKtD
THINGS OFF WWDOW ^!L1
BUST ON i 8 02 AT 18J) SHOOK MG&Lt HOAffc RFALLY BAD
RHINO'S FML OFF COUNTFRS )H HOME 'REALLY STRONG
BIAST
&i A?T At APPROXIMATELY 16^5 ON t«JQ? WTTLFD WINDOWS
KNOCKED tHINQS OFF OF WftLLS & CRACKfeD DHYWALL
'oKlrlQliSAT 1HS9A at AST SHOOK HFRHOf^E WB^OOWb
BROKEN HHUSL KTB^Q TOm APART THIS BLAST BROKE
GLASS TABLE PAR r or TV STAND
LAntSE Bl AST ON 1 10«2 AT 1610 yMILAB TO SHOT
LOMPLA!NEDAB"UT0N !®W
'ftLA^ON 1 tOSi9 i* 1B10 SaWILAR TO ONE (^N ItW TH)Nv»1
'KNCX Kf D OVER
1 1 HIS BLASTING COMPi AWT WAS ! ORWARHFD TO LOOAW
OFFICE FROy MKb FUREV FHOM DEP OAK HILL OFFICE
LOMPU^ANT jNfMTATtO W SHOTS SHC'OK HER HOlfSF
'(SLASt MQ OM 1 't&«2 4 10 30 AM WC'OK HOLfefc
'SLASTtfifeiON 1 1&<<*13M MOUSPSHOOKANDTHbYf-flTfT
COfcdPl AWT FS £D PW ifHJUSLY THIfe WAS A FO1LOW UP
(NSPFCTION ON WHETHFR THE PRE HI AST SUR^E Y -SHOULD
HAVC 8CEN COIs^LEf ED
2 e jftiptent* (EM fli 1 1 34} *ti;s*se yi"*(( aixj water '•ama pi>5f*Kj
TJMPANY tf«3
itfffffPENDLNC-i ^"OAi
CJMPftMY SJC
ICOMPANY t4f
[ffiDFPFNC&NCE ( OAL
COMPANY SC
^irepfcNDEt*' F ro*-!
COMPANY INC
r QMPANY B*
liNHTPT PJDLN^t COAt
COMPANY friC
COMPWY tNC
COlSwnNc'' 1"°AL
COMPAMY INC_
MARR(>WQDJC DEVFLOP^NT "
C"
1
PEN COAl CORP
iBTASfSHOok HOIK i VIBRATED FOR VMiSuY&S ) i FELT'{JX£ ''( feNGQAL COHP
AN EARTHQUAKE'S NOOAWACW NQTfcDJW'MI'Hl'SSt AST ,
WHGfiHOtJSE *HOBC filtlR'BlASfWASTreD ~~ 1%!NCASI'OCw"
'&**&*« 8 EWJflNING UEMEb FflOH FORFST FIRfc ALLEGED! Y PFNCOAL f r3Rp
STARTED BY PEfiMrfTgE IS OOVE.RJNG Hfe HOUSE AND
CSUSSHQ HJiM AM) FAMILY BRFATHtNG PPQBtEMS I
4 lO'Oo MAMIPJGKOMPfcNCOftLIS TtAfMNG UP HUMf- »M0 PEMt^Al CORP
BUSING -CAMAae- TO (MO) WFLt
435-«0 WELL IS <3QfNQ DRY SULFUR IRON AWO OIL IS NM WELL WATER Pg&CHR-CORP
'CITIZEN PEELS THAT BLASTING FROM PEN COAl IS PAUSING
4J50S tfTlffiNCAUFDTOVOfCrGOMCERNABOUTFUTUfS. RESULTS JPENCOALCOttP'~
.OF- "VtRY HEAVY EH AStlMQ TO Mi® HDMg AM> PROPFRTY HE
M ATL b THAT MF < o* 10 SNCURL DAMAGE- nri?EN LIVES
APPROX e-W-iFf PfiOfJt LAST ISHOO1*K3ACTtVfTY AND *5AME j
i ACTIVITY
COALCO"!
if WAS U)N£ TO THE CFtMa ,
- ALSO OOQH TO HOUSf I
© WI-CN YOU SKl/T IT'. UTIZtN U\t S Af PROX.
3000 FT FROH LAST SW5OTWQ ACTIVITY ANB ftPP&OX 'JWOfT
Ff OMFUTUHE ArtlVfTY.
"BLAST 'il-tOOK WHOl E MOUSE* BIA'ST WAS AT ieSKJON
11 5 ft| CHECK OF tOQ SHOWS SHOT IN COMPLIANCE i
SHOT SHOOK WHOUL HOi KB" _
MUt5D7MUMKV«AlEfttNftCF2f FC?flK NOT BLACK BUD K
!A !*E PIT WASOPENCD UP LOOKED AT GEORGE. S CREEK
IrrsriEAR ___
RfcTUfWEDCAiLTOUPOATT t*f ALTIZ05 ON FINDINGS OF MfQHl ANOMIMN
COMPLAJNT-S'Wef MRS Al TfZKR ^A!D HEft rf!AN08AUGMT£F!
FOUND DEAD MH^NOWS !N DINSESS FtUN fWAR OLD STONE
CHURCH ON S 17 Q* BB.^VtS THfr FISH WERE KiLtfOBYTK?
Pfi WATFR OfS^MAWH: TROM FftFfcTF FORK ON S 1
gUt^tttNG ON TMF TOLtOWlNG OAT^^ 1 Tl&^tES SHDOK EWTfRfc; (A¥ibT ^NASiis
HOUSE « HATTi Et) TOt WINDOW^ 123&S1 1S^f ijJS?S0116'»» INC
AND*tt«£t$i8 RECEtVEOAODltlONAl COMPLAINT ON 1 /®
JFOH A BLAST ON 1 "W AT iS41
Bi ASTIMGONTHE FOLLOWWQ DATE$ * TIMFS SHOOts: FMT^ftE fNDtPtNDei^e'
HOU^" X RATTiCO THt WIDOWS 12/S6 J1 IW5 1(*26ft11P'SS COMf ftWY, iHC.
AND* $#21*2* ftPCFfVFOAOOfTIONALCO^LAiMT ON 17X12
f-OR ABLAUT ON 1 ?«2 AT 1541
^ HIS P
E IS
' WAIfcSiS •MUDDY HAS I
'SOUGHT NFW HOT WATER HFATCFI is HooKm UP ON PI» tc
(AROMMOAfJQ 1 RFSOfcNT SAYS HE ONLY WANTS l)AMA
-------
ssbsass
SbttW 3
SSOSSN
SS06489
S5057S2 "
8S8S388
SS07886
S5GS4M
LTO15S3
U001SS3
UOB1S83
UDtM583
UOeWSS
U0010M
UBS1963
imsra
Of EXfHO&JVF*S AND BIAS! IffiS MRHAi-L RJ PORTS WELL IS
6H1N0 DNY )»ND NOW CAN RUN PUMP NO LONGER THEN 16 20 ,
MiNUTFS WITHOUT LOSING WATER,
tMUJMSnW? #i3i*WDUMTO COMPLAINT PRFVtfSJStYRW-EftRED TO OFFICE Ai£XtfCRGY ING
OF FXPLOSftfLS AND Bi ASTIMQ MR RUN YON Rf PORTS Wfl L &
so^a DRY
124.&Q1 Ui«j06 MP, RtJWYON CONTACTED WVOEP ABOUT BLASTING ON TMf- ALEXENERQv ifrg;
FOLLOWING 0ATFS 1& 1^-01 11 2 fi 8 38 29^0(11 V'DI THtt>
MH 35 DOCUMENTS THES6 CALLS
FOLLOW ur BYLTPACKONQI u32JTIMlJATinN (T AlFX ENERGY, iNcl
EXISTiNG f OMPlAtNT
1-31,^1 161042 ^fcRYHWDBLASTAT4(npM STOW DOOR OPFNFO WlL&A ALfX ENEFK3Y, INC,
CiHAZY Bt ASTW
<•» ' awi ift4j"7 BAOOLAST AT 1040 AM TDDAY90-01 ^PSIN'WCCrORS WERE Al f-XENEROY7»JC. "
AT Hi H(X *?C AND HA mOWE OH tH£ KJ& ABOUT 36 feSNUTES
*^4 «<61 If " % LRY PAp PLA T AT 4 O* P f 9-34 01 iALEX EM£W«s&o2v rx>oo 'BI AST iwas'MAKiNG MOUSE i WINDOWS, " ft K RUN COAL c^WAwT iNC,"
1 -S^(K)1 1*aooO PU<»T6AbiN COMMUNITY ' (NDSPFTaOgNCE COAI
roWAWY SNL
U ^2001 06 ivi 14 CfTl?FN LIVES rCAR iOWE CCf-C TtFtY ON HUM ORt^K AND jAlf *(3tt COAL tO DBA AROH OF
IDUST fS THE WORST ME HAS PVEfl $£01 SAYS HE CANT iWSST VlfiGINlA, me.
iBELIEVe THAT fc»JCH DLlST COift-0 »E LEGAL, !
id^JSOBI 09:05-40 [J6EMAYWTO"mLE0roSPAtiA^DALLK:E'NfefeOE, WATEH |«L£X ENeRQY', INC.
QET MUDDY AFTB* BLAST*^, CJT12EN PROVIDED A ONE !
GALLON SAMPLE OF WATEft FROM THE WELL THAT WAS MUDQY^
(TO MAROiO WAF* GEP S«^HV!SOft. CITIZEN WtL CALL E€P |
IWHEN WELL WATER CLEARS UP so A PRE-BLAST SAMPL |
7/17/2001 lg:a?:44 Mf, W^nsr eated ..(Sin Vempn ai tewneSfersyMH (wins on MfTlil lAPPALACt^fAN ^i?JG IWC
[cswtiptsdniMa ol "«'SW 1^:15-00 iSee ai}»c(i«)3 *iStsfi CiwnpWil TRte «mfrfaini is 'dii^etly ^S«i5 i*-45^00 jOimS^ffltied cparvtay frf walw-loterweadue to mining of Eaafsm ;fcfl»itertK ASSOCIATED COAL
iA^sasiafe) tiosl CesJ^sif^'s Pede«t( t2 &$n& jCORP,
1 1^2001 QS'W-fle Water toss ten aptfo@* >^*;h sappty drttiki^g watsr ssa »e* as aprtogs ]E ASTERN ASSOCIATED COAL
(f echsir(^} far^i jxwt! £«(t crseK. iCORP,
1.'1&a6o* W)-S«:10 [Lft^S AT LIWYTOWN, YARD; ia'ABAOK « HOUSE ® SETTLiNa & JEASTCflKi ASSOCfATED GOAL
iCBACKfNQ, MAY BE SU8SOENCE OR BLASTSMG. DOESITT KNOW ;OORP.
|FOR SURE WHAT IS Q0»&3 ON. HAS SEVERAL SURVEYS DONE I
!ON RESIDENCE. [
1,'g4'8002 1Sr:00'4S iSUBS«3E("tKE DAMAGE AT HOU^i iN LINOYTOWN SA^yfc'NT jKASTEffi A^OCtATED COAt
iWALlS ARE CRACKED A1«!k£AN.iNG, .. Icor^,
CME'CSREO, (
FROM
01 tS:8M3& ffequ^Beni m todwwTOpfofimty. W^Mtdeitog^jouHegal rtglu a»d jCNEfiSY fMRKETBMG CW!PA,NY,
iw^afltra Swew yjM te |p^sg on, _ !^MC,__
Voe-4&1«io 'Icifl'^N FlELS'imf "CFWCK UNOEW tHeiR'^St¥"HOK€ S" IRODKSPR^Q'tiVELOBffMf
JMIMe ftEWTEO AND iS EMtTT8*3 SASES WHICH RW: THEM IffiC
SSGK, SYMPTOMS; NAUSEA, WEAKNESS, t&GMT MEAC^O. I
MUSCLE ACHES. OOQ HAS SHOWED ALLERQSC SYWTOMS |
WHEN TIED to rRONT TORCH, DOES «or WHEN SWVE.D TO 1
SACK. _........_ _ _ [
112:88:00 ^ifingwa!! to appSsad)lng th^1-"M9 ara® tmn, PreAfuspsn^a^aessSfelMCELFtOY GOAL COMPANY
MCELSOY COAL COMPANY
' Itei prape% rnSsa c(' irtn^'trnder hw'prap«Hy wtei 's*ie Jk-W
jateeC.E.N(nW«pr^)«(fyi*!chs»p!ffd5M«a, Atea, ejauns w*
ii&sldeneB dsnisge le bam (mm «*mpa{vy.
1 14-$S;OG jWatsr to^i to Ite-ee springs awl one caffid weB OR ptoparty ptwttosoa iMCBLBOY COAL COMPANY
jtiaatC. E Mewten. FtejwsBIs mWtsg ewe intemwikMi !w Itatvar'a [
!» «oonti!) natef ato te
a IB '
Tbeoecfp wsifliKrf^Dhad
Hin 2f »•) l*iipewMJyMet
SuSstidenea ret Jtad water lo
j Sa««h hart (»« « <• ifffto'
^ 1 tm.p«f* tttono
-< offl
MCF1 ROY GOAL COfePAWY
i t* F! ROY COAL COMPANY
Ais imp*d to i^irwis u «a MCCLBOY'ddATcOWPANY
L-12!^^. JB' ° °°_ iWstof tosawt^mert s Mm is B«« #*Jegu«tg__ McbLriOY.c6AL TO^yMiY ^ I-IIIMI
6 j^OO! 1 1 U8 'filSCCNT IS NOW CONNECT?" TO PLffli tC WAllR FROM 'RAWL SALES S Pf¥VgS5INa CO
(HATTAROY WifSDENTiS AFI&fltD 1TH WATER
3001 1100'? HO OOMPIA1NT RAW1 SAlfSS PROflESSgKf5(.O
~tt55t'C*«n>]NT~C,ALLeORt.tilUehn TO CLOSL U^LAINT
NOCOfc^LAINT
BAWLSfllkSSPFiO
RAWL SALES s wocfcSS&K. c
RAWL SALES* « P«fX'E.'5la!Mts (
"iRAwT&AtES' I 'PlwC'ESSBfoT
< O
&SfKH j3r?5:W|lte09fBpJal«a
L SALSfS 4 f&OOF&SfNG CO
1»2S:34 Wo
iWiter&^feodiartginiacrt, CiteM! is OTw^mrf Btxsrt Ihs prepoood pOMPAWY
... _ _j»diangelfom"iKisltir6'«J*l^ti'«foiary'atth^Hag3rtShKa. ;
_JHej
., POCAHONTAS
lENERSY.UC
MTM/VF Draft PEIS Public Comment Compendium
A-716
Section A - Organizations
-------
umi?M3
l,i£V>8>333 '
utH48§2
Um.teaa "*
UQ204B3
iwgo4!S
UG2M33
uo»«3
UOKHE3
LJWMgg
UbgMO'""
UOK8880
UMrcoo""
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U061WW
l*(MflS>
1 f >1€.H
twi*
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IT&1 JO
U06i-Sfl0
UOSteeo
uosiisw' '
ubstijoo'
....
UeSlgOQ
U051S89
uosm-o
UOHJKG
B"4.?W1 lofcijo •Jnitttit tbifflptoni f)fcmeilia Hf»f,S* r twryf l«fliBi3onOBi/'*ji
Betefl«5ci in tmpce* r Terry ^asftfatimwN "onlartp (""R^ism R)
08 "*Q1 Potow-up fetter face ved04'i4«1tStted(«l'SM*}i,aHa* <>iii}2 inOi'OO t iOdy Ma^)flfdv^n!Ni£wifo(i?fiefttai Affoocsfe GBieeretefre- &!*•
j^mfrtasni Ottesnctee a hava a coTplsmt btsiJSfeqBsstingany
ififwsntt-wi vaitaitor60^mHl«%«%ftfap^fc&te!dwpM**l
t" -20C1 on w 'S' KdUwSh bZStSida ? Jr fins mor O»M U& ^«ei Mats i^s-^t f gas ^fciffiagtej w^uafK. life in SndUMi Ctwet1
8 1620*1 Mi's 10 H- te»is methane gas }• DtffsWiFt irom the wiwti Bi (rant ct fcf*
(«ss'isisf^ tal *s n^ war« *yo eWomTK' to^ttartvit
!0 fCi'SOOl 11 W*9 imic.fi Creuii tia& bt»"n diBnaf e$ by mine subinftniL* in thai Hows <««
'noo B>H^»II m wms ^e.
Ki t '^0111 ijprifuxi strtwimftodte'siBedifi trxrtan t^eekaa We iocattooofa ^aoe
TO* n- S4! m«v !«v !!Hdi*u-D«r[jift fiom Ttwf ft iKde wat (Biglxwfclwfenwntesatme
clvtmicaiiiu 81 hwrtofea* GwnjUateUnt Has »eqi o led MS0S at
»BV Snow diomtcal additwss to the water
1 ^ awg 15 li-9' l*H^ft»flft«b!*«*ft§!KiT*eB»sm IB loon! fit Sis f -itdsff
7-02O31 !2 ta-OD 'itis oW tMt rnoytti nSne t-opefl {CNcopceCo^Co ^« ) Kids,
* ukl go m'Scin HHi 'lad tof> fei nite" Coal Cp i1«!{jantt. witl! de?ef
add h&T b*«n cpsncd t! -4 mofsHi Lwsap on Neely Bac'ow
ptvfet^ ^.^ bly (n tw ntma of HIHJ^ * 1 lii tlm
'< J' 11 11 r^1-? f* f ra,^siuiit(!to(t^«lwo"i! ttieco.iMfip*B!haB«;rfilngtwi«aQntft
tlft bndna amllir* pfanrti CkM"a<^< «t(y4^sf!»SiiHit(W*f'.p»fii^
onlo berw ol one i ne load Wt i^ovts fta it Jbte bMsatt*^
11'1*S001 IS I'iOQ GiStfFom'- i)(% ra?a (« !IMU *ei!Nt1«S' W (e¥
B'i"6!^ 141 '*0 N< * iMir Waftte pufifct w^JW« ^y^ f E1^ *" srai*
S'-syi 1411-00 ^Hatx) j *«ii J foc'deO! D«8iniia} t»> f»iM* wsdw syslem put in
a ^iOi Wn^-iiO Ms to haul »«tw Want fHMrwtifar /^B"'P"'wi
1 L* iiwjiX) 4^a^a6)t 3 Always hed v»ty timfi^! st*ia
wa«'![!«iBt»- wafpr sj«ft(nptit 61
8* **••} M <«•<*>) Ma 2 «0t> 4b test *^a AaB (»i|ed tn1«*80 In1 ?9 fiiodil S--a
sji't4 well Bi4t> hmffi attvsjyi. had tftssterf u e WanC? [Mibtic «f3l
i to tfM deep Uw-d to have &*3frt> jt watw Now !ia« Bml!«fl use
1 roiifty "faatafi 1 11* ye^m jga Two ptoj^a ww w^9 fsisisliow onl^
NoteiOfSv Ihi* f^odhi'ola att «ar
IW -V t 14 ">w Already in 'estigtie byGEP CMR bU t» iwedvHtlfic K«ttf>
Chap*na« fi!«gd*bfi H»'iMirflthada«!lowvwiiiirgs i/ gaUofi <
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ca~iFFw VAiiev COAL txjMPANy
GFieEWVALLFYCOftLCOMPWJY
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UC
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CHK-OPCE f OAL COMPANY"," INC,
TgRRY SAO± COAL COdWANY
tu
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teLftCK WQLMiiS«we COMPANY"
i
(SHAKE COAL COMPANY
j|^ST«L GOAL-WEST WG^A,
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TOAST AL COAL WEST VPQINIA
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f OJiSTALrDAJ vtfFKT Vtf^ifNIA
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UC
f A'ffAL CQAl- wS'-fOffiSiNSC
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iLIC
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8/7/2001 i&!yfoo Ur
11 d-2P01 10 1200 Dt
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LfVQ«jmjjifewfiitousa6yeais Hctsa-iiteie! *e8 1661eolcfeep
ipf*^hus owftcf iw "0 tswuGtur^ damage
pKjtOner& wrth (taBpf 8«= to *
1* W Traite o*tl oi IP- el iwc«ted
ajfaca
ji waatti&cimfisvBhws
oft^^spfle Off! and -ay maftw on w
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:0300i 11 twJTO < mffl^ntOTa^^ftsiiiar^ityiiihfliMadwf'omltigrft'iiU-saaaae
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IVK^JNCOALt--ofe^AW~wc
2002111 -00 WQ9! W -WOO 'Mr? O*offies(i
ftsiftiM} of Eaafeffl Ensrgv *'srt is
3 a !e gallon Dt aster ami Ehe
til" SfeMf
bej'flvhw
f CHfOflMANCF CtiAl roMWiY"
QRE6N VAI LEY COAL iViWSpANy
RWERIftH; f-NFFKIY W
'EAiSTtHN ENERGY-CORP
the
MTMA/F Draft PEIS Public Comment Compendium
A-717
Section A - Organizations
-------
W0ft«7
i 401 1<"1
UM 1! >n
U4H21 ~*H
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uw.
U402S39
LMOaSSS"
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U492589
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LJ402S89 "
US001S3
USS&S84
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smtl
1" 12001 0n\H <»3 Mi Gwas .stated Hisl water haa tamed ««*& of MaUt tm * 23> 1 BAYSTftRCOHCOMPAW INT
jrid KMyi!<*g when true dt t et can iftio it
1i2r-2001 ^'"'ao Milftraaf i»Wn«J hmm HFRND' NPROCi-SS««3
t-OMPANY
iO«K*ef^200t.
"" laeoi j*" 11 00 Stfddsn fw* ol water In Dtw* C"ist< tspsrttt connection MShfunSng
8p»tie!Un
M KW i 14(MIOO W=Sh -sgimofliywKJMtiowe^f w(tl Cdof ftr«3( N FM Coal fta aank
wita Buint tip we poiflfi and firpfef id * in July 2oQ^ She bu' en
(having !rm i ("• la theft f»sKi«m69 Tfe»y tevst l«ft fifinWss wJ Itwr hou a
piialff ai t&nea fs f^S N R ill plafliiln h, ssJvadL- ttoli mlnttig Inn
IftiK." fBOWllil^
;1^2C(i!i o"00 Mr Slova <»S*9& Sialhi tow* iwa eteiaqcd tfom b i mtg 8)ai
t U -1'ffii St «tee(s mJsa 'sSe
Tftt-mfnpaHyaraa r^qufrelb/M^iHIORMn^pwiyx arvi leftrK irom
COfiOTWJY
fcASTERN ASSOC 1ATFD COAL
CORP
» VRTLE D Ci RP
> YR7LE D C/iRP
CRffcKSiGC £Nfc.RQY
DEVELOPMCfJT t f* fANY
CRIFK 0£FWPaY
ft tVfcLOPMT HT CtlMPANY
i* !?OQi is 16!X1 r nsipt.i)i Idfli Mate Ihst burning h^s bwo gtitf*g on aSwtielx eo^^ CRtFKStfS EN6RSY
Hot'hkls^ Wrii* Kf* Hii^iJffa f feVfctOFJMtNT C CS^ANY
11 t^TQOi «m-OQ C m0a«!lniit «4a1c thai a tor t stwidw) Hs IN* Manmtsmly i ufclti t nCFKSJPE F&FRCY
«xt=i matBiMl t^c )fo«i a nead>? &t?eam itiei has Sfeen dredgy^i and DE^L(S*ME-NT C MPAMY
HjStfiOOl 14 ^m The --jai iwtnfr M H-HrtiMss l» ran iteg tt*9 wholf Mw« WiB» (Just CREfK^!DFFN£Fte,Y
tffi,VELOP!(S MI COfe^ANY
)>1SM"1 i?Tot)Q Csniptaititwf ^aft that ulbet-ro Bffisidwti'ts draifietn Moirtil'K's
a'iffiHisi ]S-(!0:oo T^!D^f*mMffemOSM. tijf&sfiw^Si^^ST^to3^^fe7 ^fl w"tntaiss^Mi o"l Gary.
WSJS/SOOi 11;IO'60 iCaun^ PO^I very ctes^y.
i ft' 1 0,'^jb't 14 .01 3)0 it^oati IB irsnt ^ htine to tfiisty and Faiie) Wog »a«*«d from Blade W17ffl001 lliOOSSO jDir! Bfl QtWilt^ K»iMi.
W4l&OE&~yk'J£&'&b JMu^aistl (fct ffl nuiirty faad ft«m coal ttuuSss,
SIACK WOLF MIMING COMPANY
BLACK WOL? MtfjNG COMPANY
Fl5-?OCa Ili50:00 fpisat tnwn SMCfe w'esK (T(^> go«) Mfet*. Curtate sS sloct^lle to ionaii and jfiLACK WOLF i*iB*3 COMPANY
2*2Ste t&«0;M" ~" ' N^
7,®e-200i 19:58.01 JMyw up to original complain! si fSecotmed water t-en*g hww LSte }**ARFOPSK COAi COMPAW, iNC
a^'Ji'SOOl 15:M-a4 JHOU^ BC^TTWO DtWfYFfiOMCbAi^fflUCKTfiAfFtC. K*E |HOKTWIM3IT«
;TRUCKS NOT T^.HP»«3. V^WLD LBENCt: RY fUl t Mi PANEL t *JDFF1 RO *p ROAD IS 8^ COW
"FRY HA?AraXKJ«! CO**OfriCfri STHi.H3L BtlSCS W)1>l oHIDRFN1
Afif m JIWAfTOY _ __ I __
WlfSAKKMT ROAD KCRATKFD BY JUSTICE MIH£ IEASTFF4N ASSOCfATED GOAL
SLBSOTMGC VfRY COJ^TtRNEt;) A8GUT SAFL TV 8 USf Of 'COW
NOAD ALSUCOt«^fl^OABOUTHHS&Mil«RALR*aHTS
, WV ST&Tfe HT 5 K<^ Sgrtt.60 AOAtH AND Cf»ACK% hlAV6 RC fASTCRW ASSOCiATCD COW-'
OE^NPO MAKING ROAD HAZARDOUS TO PUBLtC MH STfWART CORP
VFRV COh^-tRNCD ABOUT SAFt TY OF REESOFhiTS 4 CHILOPEN
MR STtWART flbCnjESTED GOPftS OF PtRMIT & OTt^R
RELATED DOCUMENTS
WeSinaunR M|.!iH96yM!nsr*LogS(tro3lC''[IHiaf!¥ MiNGO LORAN GOAL COMPANY
i 16-3" ?a weu is DRY COULD SOMEONE CHEOC n FOR H
M84OO LOfaAN COAL "COMPANY"
1 !THEWipLl (IASGONE COKS*tFTFIY OHY FHPFl£ IS JLSST*S.fDiNiMIMOOLoeANG6"AL COMPANY
]lt NOW HAS fltF« OOJitOD^Y FOR ABOUf TWO P(ONTHS HOW
At SO THPPf iS A MINE SfSAK 8EH9JO TMf HOUSP
"l ^^LAtNAWT ALLECES THAT (-tt IS PAfiT OWNffi Ot PEAft.
iTHQk^P&ON WA fFH WfLL WFLL WAS SJhW At® MS
THOMSON rOMPEWSATrO TOR LOSS COitfFLAiNANT At LEGES
W BAtSOOWPD<'B«3 TO MRS
COLEGPOVE 0£LBAf«TC»l M!WB*S PftOVfOEQ WATER FILTER
SYSTEM FOft THE RFSIOENCE ON RAT 69-01 W£i L WFKT
iOOWLtTHYDHY ClTf?ENCTHTATT£ODF!8AHraiJ AND
COMPANY
"
TREATMENr TANKS WSTALLtD NOW HFCHWK3 OftlNKflMfa
jWAltR Of-LBARTON PROW^ D WBI TRLATWEM HAS
^ TO f OUtiOATION Of TOMP HOUSE AHP f-BONT Of
N HAS S6V£RM CHFSTIOS ABOUT
'EASTKY WAtW^O'R^^D'^DfWW^TlB^miTw'C.RFEK
(NTOHERPOOt ALSO YARD MAS NOT 86 EN REP WED
'DFLB*HTCiN fcfflWING COMPANY
COMPANY
Ift'ATfcR TANKS «^F CfcfPTY PALLED EAST KY WATFR CO
iTttLES TODAY TO BRiNG WATEfi. NO WAT&R Oa.lS«F€P
WATtft IN WELL SS MUDDY LiVES LEFT HAf«3 FO1K OF DUNCAN DFLBARTON MWBlQ
mm crrfTFN HAS HAD ^AS^PLFS TAKEN IN TI £ pasr MR
VANCE STATCD 1C WONT BEt IEVE WH«T WE TbU HIM BUT j
WANTS SASOTF ON RECORD
^OILOW UP 12 IBOI BVJ&HNFLESHFK THIS co»*^ AWT WA&
MAOT 8Y ROLAND _ ,
WCU VSATFR WAS MUDOY flM) NOW HAS WENT DRY ROIAND DELaAPWON MINIMS
.VANTt SR WCM THL SMfTiAL COWPLAINT FORROlftNU \ANCf
VoUOWUP 121601 8YJO(*IFLESHER Wf-Lt WATER WAS
WJftLAM.f!3H..Rgy!!^j^JSfejJB __ , __ ,.:::,,.:,^f^.
MTMA/F Draft PEIS Public Comment Compendium
A-718
Section A - Organizations
-------
U501SS6
US01S9S
usoiise'
»«.- -
U601SSS
USOISfiS
usottts
use 1888
WANTS WATER TESTED. CREEK WAS ItfUGD'Y Y£ST0mft¥ i
RIGHT FORK OF OOTEN FORK. WELL 2@ FEET DEEP, SOO0 j
WATER AS GOOD AS BOTTLED WATER, HAND DOG WELL i
JCREIEK AFFECTED AT LEAST A YEAR. WELL AT LEAST 85 YEARS !
lOtD |
JTURNED PUMP Of FFX>R 48 MINUTES, THEN HAD WATCR. WELL j
!2SO FT. DEEP. LIVES LOWER SHEPPARTOWN RD., LEFT AW) 1
*-W,'2G01 1130138 COMPANY Cut A PlQ&fc ON f HE HtLi. RK3HT FORK OF OOTEN JDSL8ABTON ySNiNS COMPANY
pORK, PURE iWIJD THE LAST S TIMES IT RAINED, 1
6/37/2001 11:48:58 JWELL IS ALMOST DRY - VERY Little WATER- WANTS DEP TO {0ELBARf0N MNiNQ'COMPANY"
MAKE DETESTATION - DID M^BNQ IMPACT HER WELL? MS, ;
[DEMPSEY CALLED AGAIN 6-»oi - WANTS AN ANSWER, HAS i
JWICK SCHAER DECIDED? I
{11-27-01 WELL WATER QUALITY (RED COLOR AND BtACK
jPARTtCLES) AND QUANTITY |
&W/200l" t4-bS49 WELL hOINQDRY THE LAST 3 OR 4 WEEKS, WATER J8 RED AND ]D£LBARf0N MSNING COS.1PANY
SfcELlS BAD. WELL IS SO - 90 FEET DEEP, DRR-LED DEC, 1980.
HAS WATER TREATMENT SYSTEM LOWFR 'SHEPPARTOWN
POAD
7 *; *01 12 jK! "> 8*BY BRhAKINa OUT WAhfTS WATFR TLS1 LD DRIVERS NOT JDBBARTON MS«i!K*O COMPANY
ADOfNG ANYTHINQ IN TANKS NEV, ORI JFRS |
7 ^ ^XJ1 tt '(' ro 2 TANKS IN PONNif BE ANKFNWiP S YARD fafcRVt 4 HOfiES; DELBARTUN MIMfNG COfuFANY '
lANKStMPTY SINCE NOON CAiiEDMlKE SSfTH AT 13t3HHS. i
tNO WATER DELIVERED. j
r/3/aobi 17-10:57 IALWAYS HAD sobo WATER - LAETT GbuR£ OF' WEEKS WATER" ""iffiieAWf^ wWiJfe'cb'f^ANY1" "
HAS SLKWT DISCOLORATION. WELL S6 PT. DEEP. A80l!T 15 1
YRS OLD ACROSS FOUfKANF <11S> FROM TCTOCT«E CO
BACK ON HlH 4 HOUSCS IN
"1$ AN¥" '
'DRf HAPOLU WARD SPOKE W1THKR&SYON7 VS7 U
< OMPLAINT (S CflANPF IN QUALffY NOT QUANT (FY i
OSB1>«1 WANTSWATERRt TIMM) STOH WAS 24 NOW SO s
FO!LO1iMIP 12S01 flYJOWFLE'iHeR QU^irTYOFWei
7 13 W1 1r it) 19 WANTS WATfcR TCMED rp&T BY WiT KY WATTft PCUND DCLBARTONMWtNGtQWANY
BACTgPiA 2 HOUSES ACROSS < REEK FROM UPPFR
SHLF PAHOtOWN RO
?1C20010P(M ^ WATCR TANK AtMOST FWTY HA6 NOT KfrM FB LFD SIMf C DFia»RTOMM8yiNaC-)MPAfiY
WfcO 71101 SAME TANK AS ANDREW AND JUDY TAYLOR
X 16*^001 tJ*)**t 6! NO WATER H/WT^FNNLEDSttJCEWED 7 1101 NO 'D£LgAfttONM&HNs3n"*>fstfnANY
WATER SINTE OWO THIfe ftORNtNd
? !? -KX31 1 10^41 RfSWf NT STATtD SPRING ftXKa O'i?) MAS BI:eNLOV(^X!, DEL8ARTON M8«NQ COMPANY
RtCHAR^I WANTS WATER TESTED STATED SPRiNQ HAS
BEEN PfiOVtplMG WATtH ^iCf Hfc WAS A t HILD
FOLLOW UP 12 20 01 SY JOHNflESHfcR SPRSIGHAK86FN
LO^ffJQ RECHARGE WANTS WATCH TLSTLD
7 !& ^001 11 46 % RESB3ENT SftY-5 WAT? R HAS A 8AD ODOR WHILE ALSO PCI BARTON MINING COMPANY
"IT&lWfCi TOiLFTIiATHTUB SUnf/^F^ ORAMQE THERF ARE ?
TRA1ERS ON TS-HS Wfcl L * 'AMF9 S M!T2i GiLLMAN) SECOND
PLACE OW RK3HT ABOVE ETTTY GILLMAN BEFORE KARA LANE
TUHNOW.-
rOLLCMfUP 12-28-91 BY JOHN FLESHER - W
7*20/2001 1 1 :16;31 WANTS WATER CHECKED, SLACK PARTtCLES & BAD ODOR g«l tHtLSARTON MNNfl COfciPANY
WELL WATER-
JFOLLQW (.IP 12-10-Q1 8Y ,O*t FLESHER - WELL WATER HAS A
BAD ODOR AND BL.ACK PARTICLES.
7fK3/iOQ1 13.43,34 R£S&)&NT SAY^ WATEft HAS GASSY TASTE. KAfiY HATFiEiD DKLSARTON MSN^G COfc(PAT4Y
TOIJ3HERTOCALLOEP,
7J2*!S001 H)-35'.3S WATER HAD SULFUR SSffiiL - NOW HAS BLACK PARTICLES- NOT JDELBARTON MiNfNG COMPANY
StAYffi«3 AT HOME. WATER NOT USED MUCH. WELL DRILLER i
SAID TO ADO BLEACH TO KSJ, E.CQLt. WELL DRCLED 00 FT
DEEP&J19&1. DAY STAR fiD. SRiCK HOUSE - 4TH UP FROM RT
65 EXIT,
T.^aooi'oS'g^iis iWAtfeft" GO t "REAL RED LASt'NfGHt"- NO" FCtfeR,"wSiL DRiii-ib t^USSRTOfi'MSifeiG "COHB^ANY
J380 FT. t*£P IN 1999, NO ANSWER 7-25-01, 0910. KARA LANE
IBESIDE ft^NNY 8, JENNIFER DEMPSEY,:
FOLLOW UP- 12-19-Q1 SYJDKtJ FLESMER- WELL WATER
TURNED RED; DRILLED WEii IN tSES 900 f£ET DEEP
tsaisss
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U601S3S
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useless
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U501^6
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Lffi0199S" "
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LS019S8
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L^Ot^SS
tSotSSS
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/A2001 0"44 14
"28 '2001 100Q21
j.'mwQ'i ii:oe:te
7?26^X>1 11:33:37
7/-30S001 11:3&09
^asstte3teaain<*M' - sttftsage jjmsli JMVBatoaptoisfftlditnBiiigwatej,
WATER «AS AN O3OW SME APRIL OR MAY, H£ALTH DEPT
SAYS NOT SUITABLE FOR DRINKING, EARLY MORNING MST
TIME TO CONTACT RESIDENT. LEFT HAHD FORK OF iXINCAM
TOW- O.AY Stt*tS. ffiEEW SHUTTERS. 8ES10S B1L
OEMPSEY:
11-S6-01 WEIL WATER QUALITY (ODOR AND PARTC
WiSiOENT SAYS WATER HAS VERY BAD ODOR; MOTHER SAID
GHLDREN GET SICK TO THER STOMACH WHEN 0RINKTO
WATER..
FOLLOW !.»= 12-19-2001 BY JOHN FtESHER - WELL WATER HAS A
@&D ODOR: OOT SICK WHEN WANK IT.
WELL */- 18 YRS. OLD, WHEN DRILLED WELL PRODtXIED 1«fl
GPM; OA1LAS RUNYON SAMPLED WELL 3-4 YRS. ASG. CfTIZEN
NOTED ONLY MMOR PROBLEM BUT WANTO3 At^NCY TO SNOW
ASAP. 1 f& M!LS NORTH OF 8ELO ACBOSS FROM DAY STARR
ROAD. WATER NOT REGORGING THE SAME - SEE
RESIDENT SAYS WATER PRESSURE IS LOW; WELL NOT
RECHARGING THE SAME WHEN USING A LOT OF WATER,
ACROSS FROM DAY STAP ROAD ON HILL
fr'Si/aooi i«-oi« fBouQHf HOOSK w RJFFE S. - MAY Ngeo pfte-siiesiOiCNCE
^SiJBVgY - PRIOR OWNER SLOAN. GHRlSTOmER - WANTS
^SURVEY M-DONE OUE TO REMODgLfNG
7*31ja001 1S:45:48
*3>'aOS1 1»;SO;S7
8/i5*iS6i 'as'.'is'fsb
&'1U»»1 H:tB;J7
S/ia'2001 12:40:17
B 16^091 104831
S^AiJOOl 6ftr745
8-W20Q1 13ff- 11
WELL QOiHO SAD, LOW PRESSURE AT TWO REMTAi. TRAItERS
ABOVE BETTY GiLMAN. t^lLEO 15-»>- YEARS ASO,-
FOiLOW UP - ia-19-01 BY ^)HN FtEaHER - WELL WATER
QUANTrrY AND QUAifTY (SLACK) AFFECTED BY MINING,
RESIDENT IS CONCERNED ABOUT ODOR N WATER. ALSO HAS
DI8CQIORATDM {ORAHSE) TO WATER. REQUESTED WATER
SAMPLE,
FOLLOW UP - 12-28.01 8Y JOHN RESHER - WEli WATER HAS AN
OOOR AND ORANGE COLOR.
W AWT S WAT Ifi TESTED. WELL PJK)fiL~£M MAY BE JUST
BE0MN1NQ,
WELL WATlft IS BAD - CANT DRINK ft - WANT WATgft TEST6&
USE SA)^ WELL AS KENNETH WHITED.
1S^?*t weu.WAT£RlSBADANOHAS<30TT0i WORSE-
DEIBARTOT S*&« CCi^AMY
'baiARf ON "MB«NS cof^AHY
DEtBARTON MWS4G COMPANY
DELBARTON MRItWQ COMPANY
DELBARTON MINING COMPANY
DEL0ARTOW MINiNQ COMPANY
OELSARTOT MiNINQ COh^ANY
Oe.BART<»t MINING CO^rANY
I0R8ARTON mma COMPANY
OCLBftRTON MINING COMPAMY
CANT DlliNK THEIR WELL WATER" - SAME WELL IffiEfoBY BILLY & D6D3ARTOW ftilNiNQ COMPANY
8FT f Y R'iNYON WELL PHOEOSY SLANO CREEK COAL j
COMPANY FOR BATt HOUSE FOR Ol 027 MINE- '
11WOI MRS 0ET1YRUNtONWHO SHARES THE WELL WfTH
f»R WHfTFDCAt LED ON 1 1 5 01 SAYfMG THE WATER HAD
GOTTEN
WATER PS OBAPPtAfwa FR£^°HS WATER WfiLL TAKES 10 DEL8ARK* MINING C"MPAMY
MINUTC& TO RCCHAR6E S 27 HOLLOW POOL LEVEL OEING Ofc
WATERED
WATFP arraiiQ LOW NOT ENOUGH TO BACKWA9H R TFR.S at BARTON S^^NQ COMPANY
WATTR HAS BAD SULPHUR SMLLL Ofift-LbO 8 OR S YEARS AGO DELBARTON MINING CQKtf ANY
PRQBtFMINLAST 1OR3MONTHS Lt\^S ^ RWE BR. A80VE J
CHUPCH ON LEFT [
8 2ft 3001 1 3 n-08 WATCH STOPPED PtWlNS IN HIS WELL - WAWTS TO KNOW
HOW tO QFT OFt BARTON M1NI4O TO PROVIDE WATER, LfVfiS
APPHOX 1 TO 1 IfflMfiESFflOMRT 119ONRT 65 TOWARD
DfcLBAHTQN
f^LSARTON UMiMfNSCaMPAMY
9-5 2001 14 W 34 'BLACK PART ICL£6 fN THg WATER IN SACK OF COJjtMOOE; lt)ElSARTON Mtt^^lG COWAMY
IAUTOMATSC WASHER TEARS UP FROM BLACK WATER: GARY j
iHATFtEiDTOLDHERTOCAliDEP. PAULifffi ETTERB OWNS
fWElL2Tft«l£R8GNGN£Wa.L RT 6S AT CA^IEY CHURCH Of j
ICHRIST, STH DR^WAY TOWARD E^LBARTON, 3 TRAISRS >
&6/2001 16;9055
9^10*2001 19-ee;5t
9? iTJsoo'i 085ess
BESiOENT WANTSWATEftCHeGKtD. LOWER SWEPPARDTOWN SDELSARTON fellNINQ COWANY
Effft • (KENNETH HALL, FATHER) i
SoKffiTHW SHOOK SEVEnAt. HOMES ^ OOTEN FOfik" 7:88 P.M
ON 9*01. SHOOK PICTURES OFFTHE WALtANDCAWSED
CRAC'KS »J THE WALL. I'MY &£. THE ftUSY M»JE HAD A ROOF
FALL'
KtfXWSI CRACKS (N W*tL & CONCBKTE PORCH,.
1 t*J?^t MBS, RATLIFF MENTiOf^O SOt& OF HER P
MAY BE A BLAST OT ROOF FALL SlOOK CElltNG FANS AND
GOS.«fTER AF?>ROX, M<0 P.M. 94J-01.
WtBARTON ItjifNINra COMPANY
OELBART Otil M~«i|INa COfcW'ANY
MTMA/F Draft PEIS Public Comment Compendium
A-719
Section A - Organizations
-------
US01WS
U501SBS
USOi996
jsmsse
USOIW
LiSQi&es
uwiSi
US0189S
U501S06
U5019M
WREGU6WLY COWS MOyg TO WV. BAD SMELL; SAW! COOK }
•;WfTH THS WATER. UPPER END OF KAftA LANE; OWNS SEVCRAL !
(ACRES COULD SELL LOTS SOT NOW tSFtOUNDWATER IS |
DESTROYED; CAN CONTACT ROSERTSHELTON RE. SAMPLING
't?
ft'ii'aOQI 14 3D 46 HAS HEARD TVAT COMPANY IS PUMPffNG r>UT THE 2? Mtf IE 'DPI BARTON MNifG COMPANY
&?iaaoei 1^*003 MR OOTFN HAS t RILING TH IES TOWING LDOSI AND «*nw"MAVF
FAU EN fhj THt BAUC OF THE HOUSE AND HAD &QML WATER
1 [NF DAMAGE HE REPARED SUSPFCTED CAUSE SUBEJDFNCF
AND A 8LA*-T ON S 15-01
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MTIWVF Draft PEIS Public Comment Compendium
A-720
Section A - Organizations
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Recommendations for Pre-Mine Assessment of Selenium Hazards
Associated With Coal Mining in West Virginia
prepared by
A. Dennis Lenity, Ph.D.
Senior Scientist in Aquatic Toxicology
January 5, 2004
Selenium gained recognition among research scientists, regulatory authorities, and
fisheries managers in the late 1970's when the landmark pollution episode took place at Betews
1 Ae, North Carolina. Selenium released in the waste from a coal-fired power plant entered the
lake, killed the fish community, and caused residual impacts for many years after selenium
inputs were stopped (Cumbie and Van Horn 1978: Lemly I985a, )997a, 2002a). The primary
lessons learned from Belews Lake were: (1) Kven small increases in waicrborne selenium can
lead to devastating effects on aquatic life, and (2) Once selenium bioaccumulation in the aquatic
food chain begins it is too late to intervene — pre-pollution assessment and management are key
to preventing impacts. The lessons from Belews l.ake were instrumental in the development of
USEPA's current national freshwater criterion for selenium (5 ug/L fmicrograrns per liter]).
Since the Belews 1 Ac episode, a tremendous amount of research on the toxicology,
environmental cycling, and hazard assessment of selenium has taken place (e.g.. Frankenberger
and Bngberg 1998, t*emly 2Q02b). in addition to learning about its toxic potential, much
information has been gained on the sources of selenium and how it reaches the aquatic
environment, particularly with respect to coal mining and the coal industry (I^rniy 1985b, 2fXS4,
Dreher and Knkelman 1992, Vance et al. 1998).
Need for Pre-Mlne Assessment
The lessons from Belews Late, supported by over two decades of research findings from
many other locations throughout North America (iemly 1997b. 1999,20021); Skompa 199Sa,
Hamilton 2004), underscores the need to take a preventive approach to selenium pollution rather
than attempting to deal with it after contamination has taken place. With respect to coal mining
this .means pre-mine assessment. Failure to adopt this approach can only worsen the selenium
pollution and associated ecological risks that have emerged in West Virginia. Selenium-related
violations of the federal Clean Water Act need not occur if careful pre-mine assessment is used
to guide mine permit decisions. Clearly, much attention is focused on management and
regulatory authorities in the state, and it is imperative that environmentally sound actions be
taken in order to stem the escalating threat of widespread selenium pollution. Using pre-mine
evaluation-can safeguard natural resources by allowing site-specific risk assessment and risk
management to take place. This is the prudent, environmentally responsible course of action.
Background on Selenium
MTM/VF Draft PE1S Public Comment Compendium
A-721
Section A - Organizations
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Adopting this approach will benefit the state and the mining industry by demonstrating that all
activities are being developed and implemented with the goal of preventing selenium pollution,
thereby minimizing water quality issues that may lead to litigation by federal agencies and
conservation groups.
Recommended Procedure
Geological assessment is the first step to understanding the environmental risk of
selenium at prospective coal mines. It is essential to determine selenium concentrations of coal
and overburden that ait; to be moved because once these materials are exposed to air and
precipitation they can leach substantial quantities of selenium (e.g., Dtvis and Boegly 1981.
Beaton et al. 1982). which begins the mobilization process and threat to aquatic life. Because
selenium concentrations vary widely in coal and waste rock at a mine site (e.g., Heaton and
Wagner 198.1. Uesborough et al. 1999). a thorough representation of the geographic area and
depth of disturbance must be made. This entails making a minimum of one core drilling per 5
acres, extending into the coal bed that is to be extracted. Two samples (about 450 grams each)
are taken from each core: one consisting of overburden material and one of the coal itself, iiach
sample is evaluated using a passive leaching test (see Heaton et al. 1982, Desborotigh et al.
1999). The first step is to crush the coarse sample with a hammer to produce approximately pea-
size or smaller material. The resultant material is mixed and some is put into a beaker with
deionfaed water (pH 5.0-6.0) in a ratio of 1 pan sample to 20 parts water (use 5-20 grams of
sample and 100-400 milliliters of water). l£l stand for 48 hours, decani and filter (0.45
micrometer mesh) the liquid, acidify it to pH <2.0, and analyze the liquid for selenium
concentration using a method with a detection limit <1 u,g/L (part-per-billion). The results of
these tests will generate a spatial profile of selenium mobility at the prospective mine site and
allow a screening-level evaluation of hazards to aquatic life that an be used to guide subsequent
assessment and regulatory decisions.
Evaluating Selenium Concentrations
The traditional approach to evaluate waterborne selenium concentrations is to compare
them to the USEPA national freshwater criterion (5 u.g/L). Concentrations exceeding the
criterion should be viewed as posing unacceptable risk to aquatic life because of the likelihood
of btoacewmttation in the food chain. However, there is a growing body of scientific
information which indicates that toxic impacts to aquatic life can occur when selenium levels
reach 1 u,g/U particularly if the setentnm is predominantly in the selenitt form (which is the case
for coal mine selenium), and the contaminated water enters a wetland, pond, reservoir, or other
impoundment (Frankenberger and Hngberg 1998, Skorupa 1998a, Hamilton and Lemly 1999,
li'tnly 20026). Because of these findings, a value of 2 ng /I. has been recommended by several
selenium experts as the concentration limit necessary to protect fish and wildlife (Peterson and
Nebcker 1992, Maierand Knight 1994, Skorupa 19981), Hamilton and Lcmly 1999,I-emly
20021), Hamilton 2004), and USEPA has begun a review/revision process for their national
freshwater criterion (USHPA 1998, Hamilton 2003). Moreover, based on broad experience
dealing with a variety of selenium contamination issues, including coal mining wastes, the U.S.
Fish and Wildlife Service and a number of state water quality agencies have adopted a value of 2
u.g/1. as their management or regulatory standard (see Engbcrg ct al. 1998, Skorupa 1998D,
Hamilton and I jemly 1999). I recommend that 2 (Ag /L he adopted as the maximum acceptable
concentration of selenium in wasiewtter, drainage, and leachate associated with coal mining
activities in West Virginia.
Comprehensive Assessment
By examining the results of the leach tests and applying a 2 pg Se/L water quality
objective, field sites whose disturbance by mining would pose a hazard to aquatic life can be
quickly identified. If clear dangers are evident — i.e., leachate selenium concentrations exceed
2 u.g/L — then it is desirable to examine the operational characteristics of the proposed mine in
the context of a 5-step comprehensive assessment that includes provisions for altering mine
operations, establishing TMDLs for discharges and. in one scenario, not permitting the proposed
mine to be developed at all (see page 5). This approach will allow site-specific hazard
evaluation based on local hydrology and biological conditions, and provide a precise Gne-tuning
of the screening-level assessment generated by the leach tests. The methods used for
hydrological, biological, and hazard assessment are techniques that have been field tested and
published in the peer-reviewed literature (Lemly 2002h). Technical guidance is available for
those unfamiliar with specific components of the procedure (email contact: dlemly&vtedu).
MTM/VF Draft PE1S Public Comment Compendium
A-722
Section A - Organizations
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Comprehensive assessment will provide the information necessary for policy makers to reach
environmentally sound, scientifically defensible decisions on mine permit applications.
Selenium contenl of coal and overburden
V
Leachate test
V
Selenium mobility characterization
Waste disposal methods
V
Waste volume projection
?
Daily selenium toad projection
?
:i KYllROLQCiiCAL ASSESSMENT
?
Delineate and characterize Hydrological Unit (HU)
?
Estimate selenium retention capacity of HU
^
Projected selenium concentrations
Aquatic life present in HU
V
Sensitivity to selenium
V
Priority species
V
S. HAZARD ASSESSMENT
V
Determine hazard level ol projected selenium concentrations
High, moderate, or tow hazard
Minimal or no hazard
Determine allowable sefeniym load (TMDL) Mining is permissible
7
Identify mine operations needed to meet load
7
Evaluate feasibility of mine trt meeting environmental goals
Environmental goats met
v
Mining is permissible
Goafs not met
7
Mining is not permissible
References
Cumhie, P.M., ami S.L, Van Horn. 1978, Selenium accumulation associated with fish mortality
and reproductive failure. Proceedings of the Annual Conference of the Southeastern
Association of Fish md Wildlife Agencies 32: 612-624.
Davis, KC, and WJ. Bocgly, Jr. 1981. Coal pile ieachate quality. Journal of the
Environmental Engineering &ivmon, Proceedings of the American Society of Civil
Engineers \ff7: $99-411.
Dcftborough, G., ll. DeWttt, J. lones, A. Meier, and G. Meeker. 1999. Preliminary
Mineralogies! and Chemical Stitdies Related fo the Potential Mobility of Selenium ami
Associated Elements in Ph&sphoria Formation Strata, Southeastern Idaho. U.S.
Geological Survey Open Pile Report 99-129. USGS. Denver, CO.
Dreher, G.B., and R.0. Finkelmart. 1992. Selenium mobilisation in a surface coal mine. Powder
River Basin, Wyoming, U.S.A. Envimrwttentai Geofogy and Water Science 19: 155-167.
Engherg, R.A.. D.W. Wescot M, Delamore, and D.D. Holz. 1998. Federal and state
perspectives on ^regulation and remediation oHtrigallon-induced selenium problems.
Chapter! (pages 1-25) i& W.T. Fmnkenberger, Ir., and R.A. Engherg, editors.
Environmental Chemistry of Selenium. Marcel Defcker, Inc., New York, NY.
Frankenherger, W.T., Ir., and R.A. Engherg. 1998, Environmental Chemistry of Selenium*
Marcel Dekker, Inc., New York, NY.
Hamilton. S.J., and A.D. licmly, 1999. Water-sediment controversy in setting environmental
standards for selenium. Ec&t&xic&fagy and Environmental Safety 44: 227-235.
Hamilton. SJ. 2003. Revtew of fCsidue-b*edttBlk«ri^!!)«aiU^
Hamilton, SJ. 2004. Selenium toxicity in the aquatic food chain. Science of the Total
Environment (in press).
Heaton. R.C., J.M. Williams, J.P ficrtino. L.E Wangen, A.M. Nyitray, M.M. Jones, P.L Wanek,
and P. Wagner. 1982. Leaching Behaviors of High-Sulfor Coal Wastes From Two
MTMA/F Draft PEIS Public Comment Compendium
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Section A - Organizations
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Appalachian Coat Preparation Plants. Technical Report LA-9356-MS. Los Alamos
National laboratory, 1.0s Alamos, NM
Heaton, R.C.. and P. Wagner. 1983. Trace Element Characterization of Coal Preparation
Waste*. Technics! Report LA-9626. Los Alamos National laboratory. Los Alamos,
NM.
Ijtanly. A.D. 1985a. Toxicology of selenium in a freshwater reservoir: Implications for
environmental hazard evaluation and safely. Ecotoxicology and Environmental Safety
10: 314-338.
lirnly, A.D. 1985h. Hcotogical basis for regulating aquatic emissions from the power industry:
The case with selenium. Regulatory Toxicology and Pharmacology 5: 465-486.
Lemly, A.D, 1997a. Iicosysiem recovery following selenium contamination in a freshwater
reservoir. Ecotoxicology and Environmental Safety 36: 275-281.
I-emly, A.D. 1997b. Environmental implications of excessive selenium. Bioniedical ami
Environmental Sciences 10:415-435.
l£m!y, A.D. 1999. Selenium impacts on fish: An insidious time bomb. Human and Ecological
Risk Assessment 5: 1139-1151.
l^mly. A.D. 2002a, Symptoms and implications of selenium toxicity in fish: The Belews Lake
case example. Aquatic Toxicology 57: 39-49.
Lemly, A.D. 2002b. Selenium Assessment in Aquatic Ecosystems: A Guide for Hazard
Evaluation and Water Quality Criteria. Springer-Verlag Publishers, New York, NY,
l£mly, A.D. 2004. Aquatic selenium pollutioicB«fl6>Sa|8ii»MifiHBnt»ta&l^ &$tey (in press).
Kflgnerg, editors. Environmental Chemistry of Selenium. Marcel Dekker, Inc.. New
York, NY,
Skorapa, J.P. 199gb. Selenium. Pages 139-184 in P.L. Martin and D.li. Ursen, editors.
Guidelines for interpretation (ffthe Biological Effects of Selected Constituent.'! in Bwfcf,
Water, and Sediment. National Irrigation Water Quality Program Information Report No.
.3. U.S. Department of the Interior, Denver. CO.
Vance, G.E., R.B. See. and K.J. Rcddy. 1998. Sclentte sorption by coal mine backfill material
in the presence of organic solutes. Chapter 15 (pages 259-280} in W.T. Frankenberger,
Jr., and R.A, Bngberg, editors. Environmental Chemistry of Selenium. Marcel Pekker,
Inc., New York. NY.
USEPA (US Environmental Protection Agency). 1998. Report on the Peer Consultation
Workshop oh Selenium Aquatic Toxicity and Bwacciumtlation. Publication EPA-822-R-
98-007. USEPA, Washington. IX',
Maier. K.J., and A.W. Knight. 1994. Ecotoxicology of selenium in freshwater systems.
Reiiews in Environmental Contamination and Toxicology 134: 31 -48.
Peterson, J.A., and A.V. Nebeker. 1992. Estimation of watefhorne selenium concentrations that
are toxidty thresholds for wildiife. Archives of Environmental Contamination and
Toxicology 23: 154-162.
Skorupa, J.P. 1998a, Selenium poisoning of fish and wildlife in nature: I wessons from twelve
real-world examples. Chapter 18 (pages 315-354) in W.T. iTankenbergcr, St., and R.A,
MTM/VF Draft PEIS Public Comment Compendium
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Carol Stoddard, The Garden Club of America
Jean Sullivan, Redbud Family Health Center
- ..... Poma-dalhy D America
1 4 £%t 60th Street
New York. NY 10022
< ? xmh lamcspace prefix * o ns =
Mr. John Forrm
U,S.EPA(3EA30)
1 650 A nil Street
Philadelphia. PA 13103
Pear Mr. Forren:
The mcimbors of die Cmsavalton arid National Affairs Committees of The Garden Club of America write to
e^)r<^s thdr dlsaj^xsiot merit at the draft Environmental Impact Smtermmt corornlng the effects of
motintairHop mining,
Our committees visited West Virginia five years ajp and witnessed at chse rangD the effects of motmtaintop
mining - vw krtowthal il lias caused destrucHon CJT degradatai of over seven hittKircd miles of stftwfte, a
ckm v!olafk)ij of tNiCUwi WMtr Ad. And thocksi ruction tonilnuts.
bisit^K1! of titling a h?i)f to thiit cjpv'HSiating vratltai, fhecurcont acfrnhiLstraticsn wostsis It, fjy<^imifif«inga ;
SsLfffaro mining ruJt1? that makes i( HJega! for mining aclivitk-s to disturb firess wilhin i(JO fe^ of slrearas, unless i
il can te provtf i that these sirfssms v^li not tao hamwxi i
We lm|3lore)DU to invtsli^jti'-M^ne aHn? Kttlws to th!% a>nllrjucd aVsti-ufiitsn. Pftias« do Wiat you can to
proU.*f the nfUtjraJ resc3uras in Apf *ilaf;hia, «spB::iafly by restricting loss tx«h of ibrt^t arxl strearm, !
Tte Garctai Citib of Amcsica fountfcdln 1930, Is comprised of 195clutistn 40sl.aios, md te ^.iSDximifldy
1 7,CXX3 members, Ansotig cnff ixsifXBss, is "To rtstts^e, imj.rove md px^eci ihe c^uaiity c^1 (he envtrairneit
througl'i px^anis of conscsvat-toi. dvic impravanani asd aiucsticjrs.
Sincerely yours,
Carol S, Stocktord
Martw»W..Hm
Chairnuui
NaUoral Affaire
January 16, 2004
ri C 672^3846
SAW E. SULLIVAN. MX).
K. MANY JOAN eftH»SHOVS^ Cf*NP
S. KATHARrNe A. OOMONOB CPMP
August 8, i2003
Mr. John Fotren
USEPA - (3i330) ,. ' :•
1650 Arch Street • ' •
Philadelphia, Pft •:. 19103
Mr. Forrsn;
We are writing on behalf of our beautiful mountians with their
unparalleled hardwood forests. We would alfiie like to protect
our streams fsom the horrid mountain top removal which has
been desecrating our srsa by filling in valleys with grsvsl.
Not only that, but we will *oon be a sterile gravel bed, with
no uplifting scenery, great loss of plants arad! no decent homes
for birds and animals.
We don't need any laore of these grassy tops. Wa have too many
which have not found any wofchwhile use. It is most frightening
to fly ov0r the Appalachians now and see gravel pit after gravel
pit. Tharsf ia. no raasonacoal m&ning cannot be conducted without
protecting our stream beds and it soon will b« all over, ** seams
are exhausted, laia will have no attractions left fcs1 tourists here
when the mountain 'Sides has been completely scraped off.,Also,
mining interferes with our residents yards, gardens, harass, water
supplies ahd graveyards in a serious way.
Please help us!
J8»n Sullivan, M.O.
Sr. K. Joan Sripshover
Sr. KatHg^ine Donahue
' B8*ty inker
Dorina Flaldis
1-9
MTMA/F Draft PEIS Public Comment Compendium
A-725
Section A - Organizations
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Mike Tidwell, Chesapeake Climate Action Network
Forwarded by David KidetfR.VUSla'A/US on OI/OK/2004 1130 AM
MwtidwelW aol.com
To: R3 Mountaintop(4EPA
01/06/2«)4 06:05 cc:
P^ Subject: DEIS for mountaintop mining is completely
Hawed/commonls enclosed
(Embedded image moved io file: pic13985.jpg)
January 6th. 2004
Mike Tidwell
Director
Chesapeake Climate Action Network
P.O. Box 11138
Takoma Park, Md. 20912
John Forren
U.S. EPA (3HAM)
1650 Arch Street
Philadelphia. PA 19103
Dear Mr. 1'orren,
1 am writing on behalf of CCAN's 5,000 Maryland supporters to urge »
re-write of the motmtamlop mining DEIS because of major defects in the
DELS. I urge the immediate termination of the issuance of new
mounlaintop mining permits until an HIS is completed and adopted, as
required by NEPA.
The BIS process has been usurped and its scientific underpinnings
destroyed by Interior Deputy Secretary Oriles order to remove all
environmental alternatives from the DHIS. There is no other federally
permitted land use occurring in the U.S. with such devastating
consequences as the massive and permanent impacts from the projected
loss of over 380.000 acres of high-quality forest to mountain top
removal and valley fill coal mining in Tennessee, West Virginia.
Virginia, and Kentucky. This forest destruction and concomitant valley
till is the greatest federally permitted land use alteration occurring
in the United States. The projected destruction is detailed in the draft
E1S and would occur over the next ten years. The impact on avian
species, other wildlife and fish, and the entire ecosystem at risk is
enormous.
4-2
1-9
The Army Corps of Engineers has continued to issac mountain top
removal/valley fill Clean Water Act permits for mountain top coal
mining, despite the failure to complete an RTS. In Tennessee alone,
permits by the Army COB have been issued for the removal and fill of"
over 5.000 acres of mountain tops in the last year.
We believe that NEPA requires such a moratorium on permits as the
environmental impacts are so massive from the projected removal of
380,000 acres of mature deciduous forest on mountain tops and ihe
placement of fill in stream valleys. Further, the Clean Water Act
dictates individual permits should be required for such major actions
and thus, the current use of nationwide permits is illegal.
The DEIS is so defective that it fails to suhstantivcly discuss the
significant impacts on the entire suite of forest-dependent birds within
the HIS study area e.g.. Cerulean Warbler, Louisiana Waterthmsh.
Worm-eating Warbler, Kentucky Warhier, Wood Thrush, and Yellow-throated
Vireo. All of these bird species are also classified as Birds of
Conservation Concern by the U. S. Fish and Wildlife Service within the
Appalachian Bird Conservation Region, which overlaps the area considered
in the draft HIS. The destruction of the 380,000 acres will result in a
loss of 137,836 Cerulean Warblers (ESA listing petition pending) in the
ft-exl decade,
The U.S. Hsh and Wildlife Service's September 20, 2002 memo dearly
supports our conclusion that the draft BIS is fatally flawed. The FWS
warned in the memo that publication of the draft BIS as written, "will
further damage the credibility of the agencies involved." That
iater-agency memo cites the proposed actions offering "only meager
environmental benefits" and criiicixes the draft BIS because it did not
consider any options that would actually limit the area mined and the
streams buried by valley fills, "There is no difference between (the
alternatives]," the Fish and Wildlife officials said. "The reader Is
left wondering what genuine actions, if any, the agencies are actually
proposing." "Die draft EIS erroneously only offers alternatives that
would streamline the permitting process for approval of new
mountaimop-removal permits, lite alternatives, including the preferred
alternative, offer no environmental protections and the lack of arty such
environmentally sound options destroys the NEPA R1S process.
The FWS memo argued for "at least one alternative to restrict, or
otherwise constrain, most valley fills to ephemeral stream reaches.,.As
we have stated repeatedly, it is the service's position that the three
'action' alternatives, as currently written, cannot be interpreted as
ensuring any improved environmental protection ... let alone protection
that can be quantified or even estimated in advance."
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United Mineworkers of America
I urge that the permitting of mountain top removal/valley fill cease
pending the re-writing of the DEIS and the completion of the BIS
process. This is necessary to prevent this ecological disaster.
Sincerely,
Mike TkiweU
301-920-1633
mwtidweli@aot.com
www.chesapeakeclimate.org
Statement of United Mine Workers of America
on
Momitaintop Removal
Since several reports have appeared in the media over the years that
incompletely or inaccurately indicate the position of the UMWA with regard
to mountaintop removal mining, I believe it would be helpM for me to
briefly outline our position. The UMWA believes that strong protection for
our environment is essential, As we have pointed out many times, our
membership lives in the communities in which mining takes place and
believes strongly that we have a duty to future generations to protect that
environment. At the same time, we make ao apologies for seeking to
promote the jobs avaikble in the mining and related industries. After all,
these jobs average more than $50,000 per year plus benefits including retiree
health care and pensions. West Virginia is already 49th in the per capita
income. We surely do not want to drive ourselves into an even more
negative position.
Unfortunately, the debate has often been between two extreme
positions - one calling for the abolition of coal mining and the other decrying
any type of restrictions on mining companies as they damage peoples' houses
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and degrade local streams. We do not agree with either of these extreme
views.
Some critics have suggested that the UMWA is only interested in the
protection of our members* jobs when they work on mountaintop removal
sites. Make no mistake, (hat is important to us. As this statement of policy
makes clear, however, we believe that this criticism is unfounded since we
also'believe in strong environmental and community protections. We do
believe that jobs provided in coal mining are worth fighting for and
preserving. This is particularly true in our economy in which service sector
jobs are often very low paying and without benefits. We are proud of our
support for such jobs.
At the same time, we support strong regulatory efforts to protect the
water resources of our communities and we also believe that families living
in these communities should be protected against blasting debris and the
degradation of their communities. We believe that coal companies should be
held to a high standard of environmental protection and that the state and
federal officials entrusted with that enforcement have on many occasions not
sufficiently protected our communities.
The UMWA strongly believes that coal companies should not be
permitted to destroy local communities in the process of mountaintop
removal mining, including by blasting. Community residents with homes
and farms should be protected from the consequences of such damage.
Under current law, a homeowner can pursue a damage claim in circuit court.
The practical problem is the cost of hiring attorneys and the litigation costs in
hiring expertrwitnesses. - -
The UWMA believes that there should be additional legal protections
to ensure that blasting damage can be easily and completely compensated by
coal companies. We suggest a statutory change so that blasting law would be
made similar to a provision in state oil and gas law. Under that law, any
damage to water supplies caused within 1,000 feet of a gas well is presumed
to result from the drilling and operation of the gas well. We likewise suggest
that with regard to any property within one mile radius of a blast, there
should be a reputable presumption that the blast caused any property damage.
This provision, coupled with the present law that a community member may
require the company to do a pre-blasting survey, should make the payment of
appropriate damages far more practical. This should lead, as it does in the oil
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and gas area, to the quick resolution of claims and .a more fair protection of
community rights.
We also believe that the many sites throughout West Virginia with
historical significance, such as the historic portions of Blair Mountain and the
Stanley family farm on Kayford Mountain, must be preserved and thus
should be off limits for mining.
The coal industry remains "a mainstay of the Mountain State
economy." Coal and coal burning utilities account for nearly 60% of the
state's business tax revenue, and state business taxes paid by coal companies
rose more than 35% between 1985 and 1996, at a time when the price of a ton
of West Virginia coal dropped by 26%, West Virginia coal companies
employ more than 14,000 miners directly, and using economic multipliers
employed by the federal government, the industry accounts for more than
40,000 additional jobs. In much of southern West Virginia and in portions of
northern West Virginia, the impact is particularly pronounced. In Boone
County, for example, almost half of the workforce is employed in the coal
industry. In the coal counties of this state, over 10% of all jobs are directly
linked to coal mining. Thus, it is not only in the interests of our membership,
4
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bat in the broader interests of the citizenry of this state that these issues be
resolved in an equitable and timely manner. This Union has a proud history
of working not only in the interests of its own members, but on behalf of all
working people and the communities they live in. We fully intend to uphold
that tradition.
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Charles Wakild, Progress Energy
Progress Energy
Mr. John Forren
U. S. EPA (3BS30)
1650 Arch Street
Philadelphia, PA 19103
Via email at moutttaintop.r3@epa.g
RE: Draft Programmatic Environmental Impact Statement
Mouittaintop Minmg/Vallcy Fills in Appajaehia
EPA9-03-R-OOOU
Dear Mr. Forren:
Energy Service Company, LLC is submitting the following comments on behalf
of Progress Fuels Corporation, Progress Fuels Corporation currently owns and operates
one surface and seven underground coal mines in eastern Kentucky and western Virginia,
with average annual production of approximately 2.6 million tons, that would be
impacted by the EIS and any proposed regulatory alternates. In addition, Progress
Fuels owns and operates five coal terminals in West Virginia and Kentucky that would
also be affected by the final document and sny subsequent regulatory changes.
Progress Fuels supports the stated purpose of the Environmental Impact Statement (EIS)
"to consider developing agency policies, guidance, and coordinated agency decision-
making processes to minimise, to the maximum extent practicable, the adverse
environmental effects" of moimtainiop raining arid valley fills, Progress Fuels also
appreciates the agencies' scknowledgemeni the economic vahje that coal mining brings
to the Appalachia region and the country, it is this value which requires all of us, in
partnership, to consider ail factors (environmental, economic, and administrative) when
considering implementing new or amended programmatic actions. We must recognize
the nation's need for reliable energy sources and how ruining of the Appalaehia region's
coal is an integral component of fulfilling (his need. Clearly a great deal of effort has
been expended on this document, and progress made toward resolution of many
identified issues related to surface mining and related valley fills. We commend the
agency for likewise identifying several deficiencies in the environmental impact studies
and acknowledging the need to answer outstanding questions before regulatory programs
changes arc implemented,
General
Progress Fuels supports Action Alternative 3 as described in the draft report. It is clear
that the timeliness of the permitting process can be improved by streamlining of the
application preparation effort, and uniform and consistent application of design criteria
and mitigation and other compensatory measures. Under this alternative, the federal
agencies would develop a coordinated permit application and review process based on
requirements of the Surface Mining Control and Reclamation Aci (SMCRA) permit.
The Corps of Engineers, using the CWA section 404 nationwide permit program, would
base authorizations on the SMCRA agency review of surface coal mining activities,
States would be encouraged to assume 404 permitting activities for surface mining
through a Slate Programmatic Generai Permit. The 404 individual permit process only
would be initiated if information in the application is inadequate (data collection,
mitigation, alternatives analysis).
While the draft report acknowledges the value and benefits of the coal industry in this
region, U does not adequately evaluate the value Appalachian coal brings in light of
increasingly complex environmental regulation. This region's coal supplies the fuel for a
significant amount of the nation's energy supply. Much of the coa) provided by surface
mines is iow^r in sulfur and higher in heal content than other alternatives, and is therefore
a vita! part of environmentally viable energy strategy. It may also be Ute source of choice
aa new mercury standards come into effect. Although Powder River Basin coal may be
lower in mercury, other constituents may interfere with the ability of emission controls to
reach lower mercury emission levels. These issues are currently being evaluated in the
scientific literature, but it is for these current and future reasons we must preserve the
ability to economically mine Appalachian coal, In order for the industry to provide this
valuable resource, it needs clearly defined rules consistently applied so they can plan and
invest in economic operations,
Tn that soil and rock must be moved to create a level area, and some fill placed in tbe only
economically available areas^ which may include streams, mining is not unlike many
other economic development activities, including road construction. In many areas in
this region, significant comrnerctEl, residential, and industrial development is only
possible because the prior creation of level areas by surface mining,
Aquatic Resources ftmwt
The studies of water quality downstream of valley fills inappropriately conclude thai
valley fills consistently cause or contribute to levels of some parameters (hat exceed
water quality standards or criteria. The report correctly acknowledges thai the
referenced studies, due to study design, resources, or implementation, did not adequately
investigate and account for other factors that affect water quality, such as other
dischargers (including unpermitted domestic wastes), local geology and topography,
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Jason Wandling, West Virginia Chapter of the National Lawyers Guild
distance from the fills, age ot the tills, and others Additional studies are necessary' prior
to making such a conclusion to account for all relevant factors upe of 4re«im and oig,imsm$ also will dr&tuttcaHv aflect the to\ie efiecH It is
important that organisms lound in the examined environment be used to assess toxic
effects states usual!> use a \ er> I untied variety of ioxirity reference organisms and these
may not include an\ found HI frst or second order headwater streams usually
dou nstream of \ alley fill'; For these reasom, a simple comparison to w ater quahtv
standards is inadequate De&ign standards tor vallev fills must be based on true
environmental impact and consideration of cost telative to benefit Additional work is
needed to support this issue prior lo determination of an> negative selenium
environmental impact
! he report found that in ge«eial the Hood frequency and s,everii> downstream \vt,re no
w.orj>e than before the filK \veru um&tructed That is due to the careful design and
construction of mine fills with due consideration of hvdroiogic characteristic* Most
recent examples of flooding downstream of mines used by opponents of surface mines
are anecdotal in nature unscientific, and do not account lor unusually hea\> rainfall
events that ha\e occurred in recent vean
Others
Fon*ard
Ql/05/200-4 11:17
To: R3 MountaintopftEPA
cc:
Subject: re: MTR EIS Comment
To Whom It ^5ay Concern:
Please find attached the comment of the Charleston, West Virginia,
chapter
of the National Lawyers Guild re: Mountaintop Removal Mining EXS.
Sincerely,
3. Handling
The Charleston, West Virginia, chapter of the National I^awyera Guild (WVNIX1)1 urges
this I'anel to rejcci every Action AltLmaitve outlined in the Draft l^ogrammaMe Iitivtmnmenial
Impact Statement fDrafi MIS). We ask that you instead actopi a policy that would more
accurate)) reflect ihc true goals of the Clean Water Act, the National Unvfronmtinial Policy Act,
and the very will of the people you air hound io serve by barring all mouniamtop removal
mining (MTH).
WVNI was to consider new rules that would 'rttinirttue the potential for adverse'
impacts from moimiaintop removal But once the Bush administration took office. Deputy
Interior Secretary Steven Griles — a former mining lobbyist — changed the focus toward
streamlining the permtt process for coal operations." Charleston Gazette, July 25. 2003, This
Draft BIS, then, is nothing more than a perversion of a good faith settlement entered into as part
of the Bra^g v. Robertson litigation.
In fact, and to our great surprise, this Panel proposes Action Alternatives /«A strict than
regulations already in place. It is a slap in the fate of the people of the coalfields to he asked to
accept a lesser standard when, as Judge Hadcn wrote in 1999, "The Director [of the West
Virginia Department of Fnvtronmenlal Protection| and his agents consistently admit that he fyc|
! The Ntdionai Lauyer-. Guild LS art association dedicated U) fhe fteoJ lor basic change in the struciure of our
political and economic s>stetn We seek to unite the lawyers, taw siudcnn, JegaS workers,, and jmlhome lawmen of
Amtaica m .ifi orgam^iion that fiincttons .is m effective potmcai and s.tn:iat lorcc HI the service n! the people, to the
erf.1 ifiat hun'tin ff.gft/r fhu!l he tffttrdft! «t outre mcr^d than prtp?ri\ mtetf'Hf
1-5
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made none of the required findings, on through six. for butter zone variances when authorizing
valley fills." At 647. This Panel's reasoning mirrors that of the recent West Virginia legislature
and soon-to-be-former Governor Wise regarding overweight coal trucks: if someone is breaking
the tew we should make their activity legal. Unless, of course, first-time, non-violent drug
offenders are at issue. In that case mandatory minimum jail sentences are imposed.3
The second reason WVNLG disapproves of this Panel's Drat EIS is because it swallows
hook, line, and sinker the coal industry's propaganda concerning the economics of MTR.
Instead of making an investigation, this Panels' Draft HIS simply parrots the West Virginia Coal
Association's line. For example, a recent West Virginia Geological and Economic Survey
(WVC5ES) report stated;
"If the practice of mountaintop removal mining is disallowed or curtailed, the
production from these operations will not be replaced with underground mining
production in the short and very likely not in the long term. As mentioned above,
coal beds in the target area interval [the Kanawha Formation and/or Block '/ones
five, six, and seven] are frequently split into numerous benches separated by
inorganic partings of highly variable thickness. Only some of these benches are
economically mineable by underground methods. In mountaintop removal
mining, many, if not all of the coal benches are recovered, representing a more
efficient recovery of the resource."
"A Geological Overview of Mountaintop Removal Mining in West Virginia," published by the
WVGES page 2.
Put into layman's terms (as so little of this exercise in appeasement has been), coal in
southern West Virginia has become too expensive to mine in any reasonable manner. Therefore,
the industry reasons, coalfield residents should simply shut up and endure an ever-diminishing
tjuality of life, including, among other things, constant blasting from nearby mines, incalculable
amounts of coal dust in their homes, and irreversible environmental damage in their very
backyards. The cost of cheap, American energy (according to Vice President Dick Cheney and
his industry-controlled Energy Task Force) is a native population debased for the sake of others
living well afield from the source of energy production. What moral system demands such
sacrifice from an already disadvantaged population?''
1-10
' To ill effect. See, for example, United States Attorney General John AsherolTs new push to monitor and
investigate federal jiKlges who impose lighter sentences thun those established by mandatory minimum sentencing
guidelines for first-time offenders,
3 Actually, the history of the Untied States is replete wilh such examples, irom the callous disregard for the citizenry
of Michigan (abandoned by an auto manufacturing industry that preferred cheap foreign labor and nonexistent
environments! regulations over healthy communities here at home; so much for the current, voguish patriotism), the
well-documented hint still disregarded plight of the American Native India*) (who inhabited the Appalachians before
their near extermination- and ultimate forced removal); and. in a very relevant example, the Appalachian settlers wtao
were displaced by the rampant forest fires a«d floods created by the S^rst Appalachian timber bourn in the preceding
century (today's second wave of logging contributes to today's environmental and social), among other examples.
The question is begged: where does American industry stop its ravenous drive for profit while it very knowingly
lays waste to American eitr/ens and culture? At wha! poini will industry reflect and consider the effects of its
insatiable greed? Never, is the WVNLG's answer, because the legal fiction of the "corporation" only recognises
capital gain, in its BIOS! brute sense, and only slops when a powerful eiimfnry demands consideration. Your writers
draw thai line at ii5is crisis* and this Pane! is obligated to recognize, via the social contract r>y which most of ys
1-9
The coal industry's adoption of such tenM as "economical recovery" balie its
underpinning motivation; the need to make a lot of money and die tack of concern about who
suffers for its egregious profit.4 For that reason alone, this Panel should punish the coal
industry's injurious avarice hy ending MTR altogether.
Despite the conventional wisdom that all of southern West Virginia's economy depends
solely on the energy industry." coal mining has not. for a very long time now. provided much
true sustenance for the citizens of the coalfields in which the method is practiced. A great
number of the ever-shrinking population of coal miners come from areas in Kentucky and Ohio,
often driving great distances to find employment in West Virginia mines or setting only
temporary residence in the coalfields. Furthermore, the secondary businesses which depend on
coal mining revenue are, despite the most optimistic government and industry estimates to the
contrary, spread far and few between, A drive through any coalfield community will quickly
dissuade any neutrai observer otherwise.
WVNLG objects for a third reason; the Draft BIS will encourage further lawless
behavior in the coal industry. It cares little for ANY law, not just technical stream buffer
regulations. For example, Don Blankenship, president of Massey Energy, recently testified
before a West Virginia Legislature subcommittee charged with investigating coal truck weight
limits. When confronted with the lamentable new law allowing coal truck to run up to 120,000
pounds (up from the rarely enforced standard of 80,000 pounds), Blankenship showed typical
disregard for the safety of coalfield residents, saying "The truth of the matter is, the industry has
been allowed through common law, if you will, to haui 140 f thousand pounds) to 160 [thousand
pounds I.*6
If this Panel approves any new permitting process under the proposed Action
Alternatives, WVNLG predicts, that it will not he long before Blankenship or West Virginia
abide, to recognize thai tipping point.
4 This vulgar drive has not fiiways tiees so deified. Albert O. Hirschrrtan, of Princeton University and editor of 'lite
PasxiaRs and the totef$$tst a survey of the rise of commercial capitalism from the Middle Ages to today and most
reading especially for those who consider contemporary commercial Just an a priori virtue, mused it* his
introduction: "How did commercial, hanking, and similar money-making pursutis become honorable at some point
in the modern age after having stood condemned or despised as greed, love of lucre, and avarice for centuries past?"
Iwiroduetiof! !o The Passions and fh$ Interests, page 3 {Princeton, 1977).
s Surely, If coal industry executive were truly as concerned about free market economies, they would be forced to
recognize thai if secoat&ry economies were negatively impacted by the siiddesi end (and unlikely, given this Panel's
politicised findings) of MTR then the "marker would demand thsst those businesses expire yr thrive, with or without
the aid of coal dollars in the coalfield cities.
s Biaiikemhtp's logic fails entirety. Whatever his conception of the "common law," it certainly hears m> relation to
the body of judidal opinion that makes up a great deal of American law. Interestingly, Blankenship makes
reference to the American common law when its purpose suits him. Otherwise, any use of the tort system to
effectuate pnWic policy constitutes "frivolous Htigattofj." For example, in the coal industry's opposition brief to
tow-suits filed against various coal companies, including Massey Energy and its subsidiaries, for damages cause
1-9
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Coal Association Ptexfdcni Bill Raney suggests "WeVe breaking the law anyway so why dont
we change the law again to reflect our current practices?" Such brazen and stultifying logic
could easily be played out in any number of arenas. For instance "Well, I kill people now so the
penal code forbidding such conduct should reflect the ultimate realities of my habit and ease,"
How patently abnurd! Unfortunately, this panel has adopted, wholesale, such spoiled logic at the
spurning ol a corrupt and deceitful administration.
The residents of the coalfield communities are forced to resign themselves to something
of the ethic em bodied in this Charles Sirnic poem:
"Cameo Appearance"
I had a small, fionspeaking part
In a bloody epic. 1 was one of the
Bombed anil fleeing humanity.
In the distance our great leader
Crowed like a rooster from a balcony.
Or was it a great actor
Impersonating our great leader?
That's me there, i said to ihe kiddies.
I'm sqtiee/ed between the man
With two bandaged hands raised
And the old woman with her mouth open
As if she were showing us a tooth
That hurl badly. The hundred times
I rewound the tape, not once
Could they catch sight of me
In thai huge gray crowd.
That was like any other fray crowd,
Trot off to bed, I said finally.
I know 1 was there. One take
Is all they had time for.
We ran, and the planes graced our hair.
And then they were no more
As we stood daxed in the burning city.
But of course, they didn't film that.
If only this Panel could at least pretend that coalfield residents were not so insignificant
in the face of the coal industry's all-consuming, avaricious capitalism.
Accordingly, the Charleston* West Virginia, Chapter of the National Lawyers Guild urges
this panel go hack to the table, and realistically address the destruction of Appalachian caused by
mountaiatop removal mining and strictly enforce the long-standing provisions and policies of the
Clean Wafer Act, the Nationa! Environmental Policy Act and basic compassion and utilize
common sense by bringing MTR to a hall.
Respectfully Submitted,
Jason Eric Wandling
Treasurer. Charleston, West Virginia. Chapter of the National lawyers Guild
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Tony Whitaker, Hazard/Perry County Chamber of Commerce
Gerald Winegrad, American Bird Conservancy, et al.
HAZARD/PERRY COUNTY CHAMBER OF COMMERCE
Haz«(t,KY 41701
|666)«-2659
July 22, 2003
Department for Surface Mining
#2 Hudson Hollow
FrariWort, Kentucky 40801
To Whom It May Concern:
'As President of trie Hazard/Perry County Chamber tif Commerce and Chairman
of the HazardfPerry County Industrial Board, I would like to Include my letter of
endorsement in support of mourrtatntop removal and continued hollow filled mining in
Eastern Kentucky.
The tevel sites created by mourttnihtop removal promotes our economy in
numerous capacities. These sites can be used fur new Industry, housing, and various
business opportunities, as well as a new golf course.
! would appreciate your consideration In this matter.
Sincerely,
TonyVWiikker,
President/Chairman
Hazard/Perry County
Chamber of Commerce and Industrial ioard
1-11
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January 2,2004
JotaFotren
O.S. EPA (3EA30), 1650 An* Street
Philadelphia, PA 19 KB
Dear Mr. Fonen,
.REC'D
We write on behalf of die 50 uirfeisigaed pwips, representing millions ofAmericans,
eancenuBg the Drttt Progmmmatic Ewimaaseatit fapaet Staanatt OB Mbanssn Top
Miniagf'VaUey Ml (MTMWF) in the Appalachian region of the eastea United States.
We aie extremely Iroubled over tfieti?jTr)fill impacts that moUBBimop/valk^ fill mming
has had and could continue to have on a wide army Of aquatic and terrestrial organisms
In addition to the ditect effects of habitat loss and degradation at mine sites and areas
immediatei y adjacent, the drastic alteration oflarge landforms over such an extensive
region could very well have negative arid long-lasting effects on ecosystem processes at
considerable distances from the aie.^ more directly disttirbed'Fhese concerns are not
adequately addressed in the draft BtS. Howerer, despite ow sedow concerns regarding
the jjotentiaJ for disn^jtnjg aeoloifioJd processes and biodivasiiy in general, these
canaiiezitsareqjecififcgaydijectedtoissueslegatdit^nrigiatCBy hMs. Tteimpattsto
fistest-asaeiated iiM speetes of eonserxatiaj eoneeni also SIB not adeqoatdy or property
addressed in this dtaft EIS.
I. The DEIS Ignores the High Priority Assigned through Congress by Wildlife
Agencies to the Conservation of Mature Forest Bird Species.
"Hie figures from the draft EIS on cumulative impacts of mining activity in the study ana
suggest a Bwww a»d permanent impact on the sate «ite of Partners fa Hi$* priority
JtBttw forasHjirfs wShitt tteHS study awsa («&, Cerulean Wetter, Louisiftra
Waterfcrash, Worm^attng WaliJer. Keamdby Warbler, Wood Thnsh, YeHow-tbxwtted
Vino, Acadian Elywfcher) due to a jtnqjcBted toss of over 380,000 aems (149^22
hectares) of MgfcqiialitS' ferest»Tnfijni8l»theiieat«flyea«.*njB is in addition to that
same amount having been lost in tbe previous tsn years-All of tlsese bird species arc also
clasKfled as Birds of CJoaaewatJoaCoBcait by fte U, S. VA aa(J WBffife Seraee
(USFWS 2002) uittiin the Appalachian Bird Conservation Region, which overlap the
area considered in the draft EIS. This list is mandated by Congress under I9S8
amendments to die Pish and Wild! ife Conservation Act and denotes species that without
Endangered Species Act. We consider this level of habitat loss to constitute a significant
negative impact for these high priority mature forest birds, and especially for the
Ceralean Warbler, the forest species of highest concern in this area. We are struck by the
failure of the draft BIS to address this extremely important and significant environmental
impact
While we don't love reliable estimates of the densities of most of these priority species in
the region, we do have them fer Ceratega Warbles. This is ft* forast-breeding bW
species we are most concerned with because it has suffered drastic population declines
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over the last several decides and the core of its breeding range coincides very closely
with the EIS study area (Figure 1). This species h«s been petitioned for listing undo' the
Endangered Species Act and is also on fta USFWS' National List of Birds of
Conservation Concern (USFWS 2002).
II. The DEIS Ignores Available Scientific Data Showing Higher Bird
Densities and Higher Potential Losses from Mining Impacts.
Recent research by Drs. Weakland and Wood (2002) at West Virginia University found
the average density of Cerulean Warblers territories in intact forest near mined areas in
West Virginia was 0.46 pars/hectare (la). Assuming each territory provides habitat for a
pair of birds, this equates to 0.92 individuals/ha. With the projected loss of over 149,822
ha to future raining in the tea ten yeas, this will resultrn * loss of 137,836 Cerulean
Warblers ia the next decade. Or. Charles Nicholson (TVA 2002) reported a somewhat
higher average density of 0.64 pairs of Cerulean Warblers per ha«t his study sites within
the draft EIS study area in eastern Tennessee.' If his density estimate is more
representative of the density over the study area, then even more cerulean would have
been impacted k the last decade and the same number would be impacted in Has next
Either estimate represents no unacceptable loss.
Partners fn Flight (PIP), a science-based initiative dedicated to the conservation of
landbirds in the western hemisphere, estimates the global population of Cerulean
Warblers, based on relative abundance estimates derived ftom 1990s Breeding Bird
Survey data, to be roughly 560,000 individuals with 80% of the population breeding in
the Appalachian region which encompasses the study area (Rich et al. 2004). Applying
similar methods, BBS survey data indicate that the average breeding density of Cerulean
Warblers across the Horthem Cumberland Plateau physiographic area daringfte 1990s
was 0.065 pairs/acre (Rich et al. 2004. Appendix B, Rosenberg and Blancher in press).
These numbers indicate that roughly 9% of the world's cerufeans were lost as a result of
mining permitted during the 1992 to 2002 period and another 9% will he lost between
2003 and 2012 should the level of mining the draft EIS projects in the next decade come
to fruition, m addition, we fear that in a region where Cerulean Waiblers presently occur
in such high densities, the breeding habitat could already be saturated and the individuals
displaced by mines wouldn't be able to find new areas of high-qualify breeding habitat to
colonize. If this is the case, the reproductive potential of those pairs also will be
compromised and the ability of the population to recover will be reduced as a result
It is important to note that these estimates of Cerulean Waibler population loss
substantially underestimate the actual impact of rsotmtaintop mining on this species. By
definition, rnountaintop mining removes forest habitat on mountain and ridfe tops.
Cerulean WaiWers prefer ridgetops within large blocks of mature forest (Weakland and
Wood 2002) la addition, Drs. Weakland and Wood (2002) found significantly reduced
densities of breeding Cerulean Warblers in forest fragmented by mining and in forest
adjacent to mine edges. We find it disturbing and unacceptable that Dr. Weakland and
Dr. Wood's research was act included in the draft EIS document when we know that it
was made available to those who were involved in its development
8-2-5
ID. The DEB Ftlb to Address Teefciwlety Changes flat will Alter Projection* of
Future Forest IMS
We believe that the draft ESS projection that an iddrdetal 3.4% of forest will be lost
between 2002 and 2012 may significantly underestimate the impact of mining on
hardwood forests. Not only do ftese figures fail to include an estimate of the eumutatfve
toss of cove forests S»M valley fill operations, they also do not take toto consideration
the anticipated increase in future demand for Appalachi an coal due to the planned
construction of flue gas destdfittization units (scrubbers) at existing coal-fired generating
plants in the stutfy area (TVA 2002). For example, me draft EIS projects that Tennessee
will issue permits cawing the loss of 9,154 acres of forest in 2003 through 2012, when
over 5,000 acres of surface mining permits have already been approved between
December 2002 and October 2003 (SiddeB 2003).
TV. The 0gIS Fails to Identity and Analyze Effective Mitigation Measures to
Reduce Bird Losses
The only ajitigslion offered in the draft EIS for the destruction of large areas of
biologically diverse hardwood forest habitat by mining operations is a suggestion that the
denuded areas could be reforested attar operations cease. WWe recent research indicates
that some forest communities may be twsttbBshed on reclaimed mine sites (HoE et «1,
2001), the draft BIS concedes thtt initiatives to improve the establishment of forests on
reclaimed mine sites have only recently begun and "that it would be preaiaton3 to attempt
to evaluate the success of these eflbits at this time" In additioa, the draft EIS states that
"m post-mined sites win likely lack the requirements of slope, aspect and soil moisture
seeded fbr cove-hardwood ffoi^t corarnuitities, it is unlikely that these particular
communities can be re-established through reclamation". It will take many decades
before these experimental forests mature sufficiently to assess whether they will provide
suitable breeding habitat for Cerulean Warblers or any other interior forest-breeding birds
of concern. Even if reforestation was determined to be the preferred raitigatioii ftr
Cerulean Warbler habitat toss, the development of relorestatte BMPs (Action 13) would
be voluntary and a state or federal legislative change (Action 14) could take years. The
suggestion that reforestation is a panacea to mitigate the negative effects of tnining on
interior finest habitat within the fereseeabte fctiire is therefore wrong and misleading.
Furthermore, we find it extremely inappropriate that the draft BIS suggasts tbatatnfaing
company could be ofifered an eoosotnic incentive, through the stle of carbon credits, for
planting trees to replace the forest that they themselves destroyed during mining
activities.
We also find it inappropriate to consider replacing font habitat with grassland habitat
for "rare™ eastern grassland species even ftouga ffiese species have declined dramatically
as a group in recent decades. Their recovery and habitat restoration efforts should be
targeted towards ecosystems and landscapes where they occatrad historically, not on
eastern mouataintops, where grassland habitat was rare, and currently supports high
quality- finest habitats.
7-5-3
7-3-3
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Section A - Organizations
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V. The DEIS Fails to Identify and Analyze RcasonaMe Alternatives to Avoid Bird
Losses
We find the draft BIS' ikilure to provide an alternative proposal that woiild provide better
regulation of mountain top mining to protect the environment unacceptable and
inappropriate. We believe that taken together, these two major flaws are final and require
the re-issuance of the draft EIS. These fetal flaws mean the draft ETS finite to comply
withNEPA. The draft EIS needs to be eared by an EIS flat appropriately addresses both
the concerns over priority bird species mentioned herein and that offers a solid
environmentally sound alternative.
The U.S. Fish and Wildlife Service's September 2002 (USFWS 9/20/02) memo clearly
supports our conclusion that the draft BIS is fatally flawed. The FWS warned in the
memo that publication of fiie draft EIS as written, "will further damage the credibility of
the agencies involved." That inter-agency memo cities the proposed actions offering
"only meager environmental benefits™ and criticizes the draft HS because it did not
consider any options that would aemaily limit the area mined and the streams buried by
valley fills. "There is no difference between [the alternatives]," the Fish and Wildlife
officials said. "The reader is left woaderiflg what genuine actions, if any, the agencies are
actually proposing." The draft BIS erroneously only offers alternatives that would
streamline the permitting process for approval of aew mouatamtop-removal permits. The
alternatives, including the prefensd alternative, offer no environmental protections and
the lack of any such environmentally sound options destroys the NEPA EIS process.
The FWS memo argued for "at least one alternative to restrict, or otherwise constrain,
most valley fills to ephemeral stream reaehes.,.As we have sated repeatedly, it is the
service's position that the three 'action' alternatives, as correctly written, cannot be
interpreted as ensuring any improved environmental protection... let alone protection that
can be quantified or even estimated ia advance."
VI. Because the DEIS ft Fatally Defective, It Should Be Revised aad Reissued for
Public Comment and Permit Issuance Should Cease.
We do not find that the three "action" alternatives offered would improve environmental
protection in any measurable way. We propose that a moratorium be placed on new
mouiitaintop mining permits until a new draft EIS is written to provide for the avoidance
of key Cerulean Warbler habitat and significant environmental protection for the
Louisiana Waterthrush, Worm-eating Warbler, Kentucky Warbler, Wood Thrush,
Yellow-throated Vireo, Acadian Flycatcher and other Pff priority species and FWS Birds
of Conservation Concern. This moratorium should continue until a final BIS is adopted
with an environmentally acceptable alternative
We believe that NEPA requires such a moratorium as the environmental impacts are so
great and the federal government has failed to complete an BIS as required, even after 5
years have passed since litigation was initially filed on this issue. Settlement of the
litigation was to result in an HS and better measures to protect the environment. The
draft EIS clearly indicates that mis is not occurring. Also, the Clean Water Act dictates
4-2
individual permits should be required for such -major actions and thus, the current use of
nationwide permits is illegal
We conclude that mini ng is a short-term benefit to local economies and once the coal is
extracted, the industry will leave the region. However, if lite scenic vistas and natural
heritage of the ares are preserved, an economy buoyed by recreation and tourism would
provide added value for generations to come.
We appreciate the opportunity to comment on this Draft Environmental Impact
Statement
RespectMy Submitted on Behalf of all the Undersigned Individuals and Organizations,
4-2
11-7-2
Gerald W.Wi:
PoMey
American Bird Conservancy
P.O. Box 249
The PWSS.VA 20198
540-253-5780
gww@abcbirds.org
Caroline Kennedy, Director of Special
Projects
Defenders of Wildlife
1130 if Street, N.W.
Washington, D.C. 20036-4602
202-682-9400, eaensioa 107
Will Gateway, Executive Director
Tennessee Environmental Council
One Vantage Way, Suite D-103
Nashville, TO 37228
615-248-6500
www.tectn.org
Hap Chambers, President
Kentucky Ornithological Society
33 Wfldwood Drive
Murray, KY4207J
270-753-9636
/Mefinda Welton, Conservation Chair
Tennessee Ornithological Society
5241 Old Harding Road
Franklin, TN 37064
615-799-8095
weHonmj@etrthMnk.net
Bette Statoan, PkD., Wildlife Scientist
The Humane Society of the United States
21001 Street, N.W.
Washington, D.C. 20037
301-258-3147
bst3Utain@hsas.org
Janet Font, Co-Director
Ohio Valley Environmental Coalition
P.O. Box 6753
Hunttagtoa, WV 25773-6753
304-522-0246
ohvec@ohvec.org
Teta, Kate, President
Virginia Society of Ornifliology
7083 Caffee Creek Lane
Gloucester, VA 23061
teta@viiBS.edu
MTMA/F Draft PEIS Public Comment Compendium
A-736
Section A - Organizations
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Daniel BOOM, President
Teanesse® Conservation Voters
2021 21" Avenae South, Suite 104
Nashville, IN 37212
615-269-9090
Julia Bonds, Community Outreach
Coordinator
Coal River Mountain Watch
P.O. Box 651
Whitesville, West Virginia 25209
onnw@ citynet.net
John R, Cw»on, PkD., Director
Conservation Science Institute
1447 Stoatjr Bottom Road
Front Royal, VA 22630
jcannon@hBmtecli.coni
Perrii de Jong, Coordinator
Kentucky Heartwood
P.O. Box 555
Lexington, KY 40588
859-253-269?
kyheartwood@alftel.Bet
Stephen Smith, Executive Director
Southern Alliance for Clean Energy
117 Gay Street
Knoxville, TN 37902
865-637-6055
www.cleaneaergy.org
William J.L. Sladen, Director
Environmental Studies at Airlis
7078 Aitiie Road
W«ranton,VA20187
)I.con»
Carol Lambert, Conservation Chair
Georgia Ornithological Society
4608 Westtempton Drive
Tucker, GA 30084
lambertseweU@Bundspring.cotn
Reverend Walter SstA
Cnmtefand CounSaas tat Peace & Justice
P.O. Box 154
Pleasant Ml, TO 38578
931-277-5239
Reverend Charles Lord
Obed Watershed Association
P.O. Box 464
Pleasant Hill, TO 38578
931-277-3714
Doug Murray, Director
Tennessee Forest Watch
278 Log Home Road
LaRdlette.lN 37766
423-562-5934
Edwird E. Chut, Jr., President
Wil
-------
Jay Hester, Executive Director
Hoostoa Aixhsboa Society
440Wfl«heaer
Houston, Texas 77079
jhestertghoBstonamtaboaoig
Troy Bttei, Director of Conservation and
Stewardship
New Jersey Audobon Society
Cheryi Strong, WttefaW Progwin Dtawtor
San Praaeisco Bay Bird Oijservatory
P.O. Box 247
AlvisoCA 95002
1 1 H»rdserabble Road
Beraarfsvlte, New Jersey 07924
908-766-5787, extension 17
Malcolm C. Coulter, Co-Chtir
SpeeMist Group on Storks, Ibises and
Spoonbills
POBox
480 Chocorua, New Hampshire 03817
(603)323-9342
CoulterMC@aol.com
David F. DeSante, PhJD., Executive
Hie Institute for Bird Popototiois
1 1435 State Route One, Suite 23
P.O. Box 1346
Point Reyes Station, CA 94956-1346
415-663-2052
John W. Fitepstriek, PhX>., Director
Cornell Laboratory of OiBithology
159 SapsoBkar Woods Rd
Ithwa, New York 14850
jwf7jScomell.edu
Ray Startridge, President
Amos W. Butler AudobOB Society
P.O. Box 80024 Indianapolis, IN 46280
317-767-4S90
Clarke Kahlo, Program Director
Protect Oar Rivers Now!
4454 Washington Boulevard
ludianapolig, la 46205
(317)283-6283
Timothy Male, PhD., Senior Ecologist
Environmental Defense
1875 Connecticut Avenue, NW
Washington, DC 20009
202-387-3500 ext.3313
Andy MaHer, Oitsc tar
Ameriean Forest Alliance
387SSCR50W
Ftoli IN 47454
aBdy@btoeriver.aet
Ceeffia M. Riley, Execufive Director
Gulf Coast Bird Observatory
979-480-0999
crfley@fcbo.org
Linda E. Leddy, President
Manomet Center for Consersation Sciences
81 Sage Point Road
Mmomet, MA 02345-1770
neddy@manotBet.org
B«ft Jraks, Prraident and CEO
Kme
1840 Wilson Boulevard, State 204
Arlington, VA 22201
703-522-5070
bjenfes@miecoBS«rvstioaorg
Ktren EtterHale, Exseentive Secretary
Madison Audubon Society
222 S Hamilton St, Soile 1
Madison, WJ 53703-3201
608/255-BJRD (2473)
Taber D. Allison, Ph. D. Vice President,
Conservation Science
Massachusetts A udubon Society
208 South Great Road
Lincoln, MA 01773
(781)259-2145
E. A. Schrefter, Ph.D, Comervation Ctair
Association Of Field Ofnittelogists
BirdDept.MRClK
Ssiithsosian JJMitatiOB
Washington, D. C. 20560
703 76M726
SchreiberE@aol.com
MTMA/F Draft PEIS Public Comment Compendium
A-738
Section A - Organizations
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Recovery of Native Plant Communities after Mining
REFERENCES:
Boll, K, D., C. E. Zipper and J. A. Burger. 2001. Recovery of native plant communities
after mining, Virginia Cooperative Extension Publ. 460-140. [Online version available at
-*ttp://www.Bxtvteda/pub»'mines/46(>-140/460-140.tenl>]
Rich T. D. et al. 2004 in pies. PIP North American Landbird Conservation Plan. To be
published by Cornell Lab of Ornithology, Ithaca, NY. [Online draft available at
http://maTOAir^.cnraell.edu.'r>ifCatieMav/Pn:_Fhal_ Draft, pdfl
Rosenberg, K. V., S. E. Barker, and R. W. Robrbaogh. 2000. An atlas of Cerulean
Warbler populations: Final report to the U,S. Fish and Wildlife Service. December MOO.
[Online version available at |
Rosenberg, K. V. and P. J. Blanoher. In press. Setting numerical population objectives for
priority landbird species. Pg. xx-xx in Proceeding of the 31*1 International Partners in
Fli^Jt Conference. C. J, Ralph and T. D. Rich Editors. USDA Forest Service flea. Tech.
Rep. PFW-GTR-xxx, Albany, CA.
Siddeli D. 2003 Recent Tennessee Permits. Supervisor, Technical Group, Office of
Surftce Mjning, Knoxville, TN.
Tennessee Valley Authority. 2002. Braden Mountain surface mine; Campbell and Scott
Counties, Tennessee. Tennessee Valley Authority, Knoxville.
0.8. Fish Wildlife Service. 2002. Birds of conservation concern 2002. Division of
Migratory Bird Management, Arlington, Virginia. 99pp. [Online version available at
US. FISH WILDLIFE SERVICE. 9/20/02. Coj«iB«soNBRAWMTM/VFBlSoFCtMnm
IV (AUBHATIVBS),
USOS. 2003. TwNOKrHAMBMCAHBS8i0B!oBaa>SURwy RESULTS ANDAHAWSK,
1965 - 2002. . CBHMAN WAMMS.
EEL ABVB ABUNDANCE MAT [AVAILABLE ONLINE AT
WBAKLAND, C. A. A»P. B. WOOD.
MKROHAB1TAT AMD LAHBSCAW-L8VHL HAHIW CBASACTBOSBCS IN SOUBffiRNWBST
V»a»rwm«HLAtiOKTOMC>t3>rr/UNTWi«nNnra/VAia^y FILLS. FINAL PROJECT REPORT
SOBMirnSD TO OSOS BIOLOGICAL RfSOURCBS DlMMM, S«emS-AT-RBK PROGRAM.
{AVAILABLE ONLINE AT HTIP://WWW.FPKESmY.CAF.1imj.SPU»WOOnfe']
Author Karen D. HolU Assistant Professor, Department of Environmental Studies,
University of Califijnria; Carl E, Zipper, Assistant Professor and Extension Specialist,
Crop and Soil Environmental Sciences; and James A. Burger, Professor of Forestry,
Virginia Tech
Publication Number 460-140, April 2001 Virginia Cooperative Extension
Introduction
Coal surface mining and mine reclamation have had a significant impact on the landscape
throughout th£ Appalachian region, including southwestern Virgiaia's coalfields. This
fact is recognized by ihe Surface Mining Control aad Reehiaation Act (SMCRA), which
states that raining operations shall establish "a diverse, effective, and permanent
vegetative cover of the same seasonal variety and native to the area... and capable of
self-regeneration and plant Succession..." [Section 51S(b)19], ualess introduced species
are necessary to achieve the post-mining land use. Restoring the native hardwood forest
is the most direct and comprehensive way of meeting this premise of SMCRA in
Appalachian landscapes. Re-establishment of this self-sustaining ecosystem on reclaimed
mines can aid in maintaining native wildlife populations while providing other valuable
ecosystem services, such as erosion control, carbon sequestration, wood production,
water-quality improvement, sad watershed protection. Re-establishment of native
haidwood-fotest ecosystems also contributes to the natural beauty of the Appalachian
region.
This publication summarizes research on the impacts of reclamation practices on re-
establishment of native Appalachian forest ecosystems, and describes practices flat may
be used during reclamation to encourage re-establishment of native hardwood forest plant
communities.
Appalachian Forest Ecosystems
The mixed mesophytic hardwood forest of the central Appalachians is one of the most
diverse temperate ecosystems. These forests served as refuge fcr moist-forest species
during drier glacial epochs and, therefore, are home for a large mmber of species. The
forests oftea host up to 25 ttes species ifi a given area, along with a diverse understory of
ferns, fungi, and herbaceous plants. Cotraaoa tree species, such as oaks (Qaercus spp.),
maple (Acer spp.), hickory (Caiya spp.), and tuBp poplar (Urtodandron tulipifera), not
only provide tetritet far a wide range of bird, amphibian, and wildlife species, but are
also commercially vatambte. These forests pky an important role in maintaining the water
quality is nearby streams meiudmg southwest Virginia's. Clinch - Powell river system
which hosts numerous endemic species of smssels, fish, and crayfish, and is among the
most diverse temperate fteshwtler ecosystems. Large areas of Appalachian forest have
been cleared for agriculture and other human uses. Continuous tracts of forest are
important for conservation of anteai and pkrtt species.
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Changing Reclamation Practices over Time:
Prior to SMCRA, Mia* reclamation practices were variable and often resulted in exposed
Wghwalls, unstable outslopes, and low ground cover. During the earliest surface mining,
very little reclamation was performed. Between 1972 and 1977 in Virginia, most mined
areas were seeded with grasses, clovers, and black locust (Robinia pseudoacacia); eastern
white pine (Ptais strobus) was often planted along the top of the outslope in an effort to
disguisehide the exposed highwalls. With the passage of the Surface Mining Control and
Reclamation Act (SMCRA) in 1977, reclamation practices were mandated and
standardized, SMCRA required flfeat the approximate original contour of the mined area
be restored, and that reclaimed areas be seeded with herbaceous vegetation to minimise
erosion and to achieve the 90% ground cover after five years. Many post-SMCRA mined
areas throughout the Appalachians were reclaimed to hayland - pasture postmining land
uses; reclamation practices on the« areas ineteded use of aggressive groundcover
vegetation such as Kentucky 31 tall fescue (Festuca arundinacea) and sericea lespedeza
(Lespedeza cumeata). Many of these areas, however, were not tised for production of hay
or pasture, allowing natural ecosystem succession processes to take place. During the late
1980s and early 1990s, reclamation of mined areas to unmanaged-forest postattaing land
use became more common, especially in Virginia. These areas were often seeded with the
same aggressive groundcovers that are effective ia creating hayland - pasture, such as
Kentucky 31 tall fescue and sericea lespedeza. Black locust was often seeded with
herbaceous grpundcover, and eastern white pine was planted as two-year old seedlings. In
the mid- and late-1990s, some mining operators began using less competitive ground
covers, as described by Burger and Torbert (1993), and a wider range of planted tree
species, including hardwoods, to produce forested areas.
Because success of reclamattion is normally judged after five years, reclamation efforts
often focus 0a short-term results and bond release. When the mining is conducted on a
pre-SMCRA abandoned mine site, the liability period can be as short as two years. After
final bond release, most post-joining lands receive little management and go through
succession, the process by which species slowly replace one another as the community
develops toward a relatively stable species composition called climax vegetation.
There 5s an increasing interest in restoring Appalachian forest ecosystems after mining.
Yet, there have been few studies monitoring long-term vegetation recovery on coal
surface mined lands reclaimed in the Appalachian region using different reclamation
practices. Holl surveyed the trees, shrubs, and herbs on 15 reclaimed mine sites and five
tramined hardwood sites in Wise County, Virginia, daring the summers of 1992-1993 and
again in summer 1999 (Holl and Cairns 1994; Holl 2000). A summary of that research is
presented bsjow, along with a description of reclamation practices that may be used to
aid recovery of the native hardwood forest plant community.
Research Summary
Study Sites
Twenty 0.6-acre plots were surveyed during summer 1992/1993 and summer 1999. These
included:
* 5 sites reclaimed 1980-1987
* 5 sites reclaimed 1972-1977
' 5 sites reclaimed 1967-1972
* 5 unmined hardwood forest sites ("reference sites")
The majority of the sites are located oa or near the Powell River Project Education
Center. The other sites are located near the town of Appalachia. All sites are on steep
south-facing slopes, ranging in elevation torn 2300 to 3030 ft. Vegetation was sampled
in three layers: herb (up to 2.5 feet tall); shrub (2.5 - 8.2 feet tall); and tree (taller than 8.2
feet). Sampling techniques followed those outlined in Holl and Cairns (1994). Cover and
number of species were measured in both years and compared.
Summary of Research Results:
Herbaceous layer
la the 1992-93 surveys, herbaceous groundcover was greater than 80% in sites reclaimed
after '972 (Figure I A). Herbaceous cover dropped substantially between 1992-93 and
1999 on the 1980-87 reclamation sites due to shading by white pine, and on flw 1972-77
reclamation sites due to shading toy red maple (Acer rubrum), sweet birch (Betula lenla),
and other trees. The shift in herbaceous cover to iree cover -was interpreted as resulting
from the absence or decline of species that compete with small tree seedlings for light
and nutrients, such as sericea lespedeza, orchard grass, and Kentucky 31 fescue, and the
redoced density of early-successions! species such as aster and goldenrod species (Aster
spp., Erigeron spp., Hieracium spp., and Solidago spp.). Herbaceous groundcover on the
1967-72 sites was intermediate (about 60%) and changed little between the sampling
periods.
During the time period between the two vegetation samples, the number of naturally-
colonizing herb species on the 1972-77 and 1980-87 reclamation sites declined, while the
number of species growing in the oldest reclaimed sites remained higher (Figure IB). The
decrease in species growing on the 1972-77 and 19X0-87 reclamation sites is surprising
as specie! numbers usually increase early in the forest development process. A number of
forest herbs such as wild geranium (Geranium znaculatum), snakeroot (Sanicula
canadensis), and gate (Gala aphylla) are found on the oldest reclaimed sites but not on
those reclaimed more recently. The lower number of natttally colonizing herb species on
the 1972-77 and the 19SO-87 reclaimed mine sites may be due to the more aggressive
ground covers commonly planted by mining operators during (hose periods, and the
invasion of sericea lespedeza from other reclaimed mine sites into planted covers.
Another possible explanation could be the larger scale of mining, which resulted in
increased distances to seed sources.
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Trees
The largest increase in tree basal area between sampling periods occurred on the 1980-87
reclamation sites as they were planted primarily with eastern white pine, a fasfr*gfowing
species (Figure 2Ai. Tree basal area also increased on Die other reclaimed sites due to
colonization and growth of hardwood species. The number of free and shrub species
present increased on the most recently reelaimed-sites (Hgvge 2B) with common
colonizing species including red maple, soarwood (Oxydendron arboreum), and tulip
poplar (Liriodendron tulipiiera). Interestingly, the number of woody species on the oldest
reclaimed sites remained well below the hardwood sites and did not increase (Figure 2B),
raising the question of how long it will take before the Ml suite of tree species is
established.
Overall species composition
A total of 102 native species naturally colonized reclaimed ruins sites, indicating that
reclaimed mines host a wide diversity of plant species. A full species listing will be made
available in the internet version of this publication. Most (75%) of the native tree and
shrub species and 65% of the native herbaceous species found in surveys of forest sites
were also found on reclaimed mined sites (Tables 1 and 2). Moreover, a large iramber of
herbaceous species, primarily early-successiona!, were found on reclaimed mine sites but
not in the forest While most common forest species were present on the reclaimed sites,
some species, such 'as the herbs trilium (Trilhim grandiflorum), wintergreen (Ganlthaia
procumbens), and beiiwort (Uvularia pudict), and the trees Prasier's r&agnolia (Magnolia
irasieri) and serviceberry (Ameiaachier arborea) were not Ifounel on any of the reclaimed
mines. These species may or may not establish themselves eventually on the mined sites,
depending on the extent to which soil properties may have been altered by the mining and
reclamation practices.
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Table 1. -Common species observed ry Herbs
X
X
X
X
X
X
X
X
ity Arabs
X
X
X
X
X
X
X
X
X
X
X
X '
X
X
X
X
X
X
errfory
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Table 1. -Number of native, unpiantcd, herbaceous and weedy (shrob and tree)
species fouBd only oa reclaimed sites, forest sites, or both In surveys by
Hall (2000) in summer 1992/1993 and 1999.
2, Provide S@edS@t&'c@sffir
n by P&r> Species.
Sites where found
Reclaimed only
Forest only
Reclaimed and forest
Total
Number of native, unpiantcd species
Herbaceous
39
17
31
87
Woody
5
9
27
41
Reclamation Practices to Encourage Recovery of Native Forested Ecosystems
The study discussed above is one of a few recent studies documenting long-term forest
recovery on reclaimed mine sites in the southeastern United States (Thompson and others
1984; Wade and Thompson 1993; Wade and Tritton 1997; Rodrigue and Burger 2000),
These studies clearly show that older reclaimed mine sites host a large percentage of the
plant species found in the surrounding forest, and may even host some rare species
(Wade and Thompson 1993). Together, these studies show that choice of species used for
reclamation appears to influence the plant species naturally colonizing reclaimed mines,
as well as the rate at which those species colonize. These results suggest practices that
will encourage native forest recovery oa reclaimed coal surface mines.
The following procedures are based on the study reviewed above, other research
conducted by Virginia Tech researchers sponsored by Powell River Project, and related
scientific literature. These procedures can be used to aid rapid re-establishment of forest
ecosystems on reclaimed mine areas that are similar in character to native hardwood
forests, where such re-establishment is consistent wKh the post-mining land use
objective,
1. Establish a Soil Medium that is Suitable/or Forest Species.
In order for mine reforestation to be successful, it is essential that the surface material
have chemical and physical properties that are suitable for forest species, that surface
materials have sufficient depth for rooting of forest species (at least 4 feet is
recommended), and that the material be placed on the surface without excessive
compaction by mining machinery such as dozers and haulers.
Prior Powell River Project publications describe these procedures in detail. VCE
Publication 460-121 (Daniels and Zipper 1997) reviews general processes and procedures
of soil reconstruction. VCE publication 460-123 (Burger and Torbert 1993) provides
guidelines for mine reforestation, including soil reconstruction. VCE publication 460-136
(Torbert and others 1996) provides former detail on spoil selection and placement for
mine reforestation.
Given that most species found in the native hardwood forests are not used typically in
teclamation plantings, seed dispersal is essential to re-establishttie&t of native hardwood
forest plant communities. The majority of Hie species observed on the older mine sites
were not planted by the mining operators, which leads to the conclusion that seeds of
many plant species will disperse effectively on reclaimed alines if seed sources are
accessible. Mechanisms for seed dispersal include wind, animals, and soil redistribution
by the mining process.
Generally speaking, maintenance of native forest close to the reclamation area will
encourage recolonizatioti by forest species. On portions of large-area permits that are far-
removed from forested areas, plant species that rely on wind or animals for dispersal may
not colonize as readily. When possible, retaining native forest to serve as seed sources
adjacent to the mitiing areas, or even as remnants witMn fee mining area where the
mining plan allows, will encourage more rapid recolonization. On some re-mimng sites,
areas enclosed by the permit cannot be mined due to the extent of previous mining;
leaving such areas hi forest cover with minimal disturbance will encourage recolonizatioo
of the mined areas by forest species.
Forest soils harbor many seeds. Use of salvaged soil from the surface of forested areas in
reclamation will encourage re-establishment of the forest species. In cases where a
nearby area of forest is about to be mined, the soil seed bank might be spread on areas
that are in the process of being reclaimed. Wade (1994) found that spreading topsoil from
nearby forests on reclaimed mines introduced a large number of species, including 5 tree
species, 7 shrubs, 14 grasses, and 53 ferbs. In cases where complete topsoil replacement
is impractical, use of some topsoil in the reclamation area will provide some seed
sources, and more rapid recolonfaation by forest species than will no re-use of surface
soil at all. Whenever possible, topsoil should be moved directly from the mining ares to
the reclamation area. Topsoil storage prior to respreadmg will cause seeds to lose
viability. The longer the storage period, the greater the loss of seed viability that should
be expected.
3. Use Less-Competitive Ground Cover Species
The main reclamation concern of mine operators is meeting SMCRA standards. SMCRA
requires operators to plant vegetation that will minimize erosion, and return the land to a
productive use. But aggressive grasses and legumes slow or prevent establishment of a
number of overstory and understory species characteristic of the native Appalachian
hardwood forest Moreover, extensive research by Burger and Torbert (reviewed in VCE
Publication 460-123) shows that certain ground cover species, such as Kentucky-3 1 tall
fescue, sericea lespedeza, and red, white, and sweet clover (Trifolium spp.), hinder
establishment of planted seedlings; general observation indicates that these species
discourage invasion by woody species "volunteers" from the surrounding forest, as well.
It may be that as these ground cover species die back over time more species will
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colonize these sites, but Holll4s research demonstrates that planted grasses often provide
dense cover for 15 years or more-
Research by Burger and colleagues has demonstrated tot less-competitive groundeovsrs,
such, as the annual grasses foxtail millet (S«tatk italica) and annual rye (Secale cereale),
the perennial grasses perennial ryegrass (Lolium perenne) and redtop (Agrostis gigantea),
and the legume species kobe lespedeza (Lespedeza striata var. Kobe) and birdsfoot trefoil
(Lotus cornieulatus) do control erosion effectively, after the first year. The oldest
reclaimed sites surveyed, where there is no evidence of having been seeded in sericea
lespedeza., hosted the most diverse forest species assemblages. This result suggests that
planting with less aggressive species will allow a more rapid recovery of the native
ecosystem than what has been observed on sites where reclamation plantings are
dominated with aggressive ground cover species. Also, ground cover seeding and
nitrogen fertilization rates should be kept low to allow for the colonization of other plant
species.
Very little research has been conducted on the capability of groundcover species other
than common forages to establish successfully and control erosion on reclaimed mine
sites, or on the effect of such species on the rate of forest ecosystem ^establishment.
Preliminary research suffiests, for example, that some annual wildflower species such as
black-eyed Susan (Rudbeckia hirta), cornflower (Centaurea cyanos), and lance-leaved
coreopsis (Coreopsis lanceolate) establish when seeded on disturbed sites (Heckman and
others 1995). Research on the use of native grasses on disturbed roadsides shows that
such species can be established on highway cuts with surface characteristics similar to
surface mines, but the timing of seed application and weather conditions during
establishment influence seeding success, and erosion control during establishment is a
concern (Booze-Daniels and others 1999).
4. Plcmt a variety of woody species.
In recent years, many Hjiaed acres replanted for forest post-mining land use in
southwestern Virginia have been planted with a near monoculture of eastern white pine.
White pine is widely planted because it is well adapted to acidic soils and grows quickly
to meet the 5-year bond release requirement The rapid Motnass accumulation is
compatible with timber production as a post-misMg land use objective* where markets
for white pine are present. However, Holl's research demonstrated that the understory of
dense white-pine plantings have very low species diversity, relative to native
Appalachian hardwood forests. Herbaceous ground cover in sites planted densely with
white pine dropped from 80 to 20 percent over the 1993 -1999 period as the trees
matured.
There is increasing interest in diversifying planted trees because of the commercial value
of hardwoods. Such di vetsification wUl have beneficial effects on -wildlife communities
by providing a greater variety of canopy architecture and food sources (Raifall and Vogel
1978; Fowler and Turner 1981) and allowing for establishment of native herbaceous
species. For example, bird diversify on reclaimed mines has been shown to be strongly
related to the structural diversity of vegetation (Karr 196S). A number of hardwood tree
species that are commercially viable can be used successfiilly in laiae reclamation
(Rodrigue and Burger 2000; Torbert and Burger 2000). Although these species may grow
more slowly than eastern white pine, they can be expected to provide significant income
over the long-term because of the higher value of their wood (Burger and others 1998). A
large number of tree species, including many species of oak, pine, and maple, as well as
alder, dogwood, and walnut, are available from the Virginia Department of Forestry.
Good, reputable tree planters who are familiar with planting hardwoods in viable
silviculture! mixtures should be used to help ensure reforestation success.
Conclusion
Under SMCRA, current reclamation practices address short-term concerns required by
law, including erosion control, acid mine drainage control where acidic strata are present,
and post-mining laud use establishment Maximizing iong-temi ecological and ecoaomic
value oa these sites requires balancing short- and long-term needs. Research shows that
reclaimed Mines are capable of supporting fbrest ecosystems with levels of plant diversity
that approach those of natural forests. The research reviewed above showed plant
communities on mine sites reclaimed within, the past 30 years developed into ecosystems
that resemble the native hardwood forests. Although all species in surrounding forests
were not found on the mined sites, the reclairaed-miae forests are still very young relative
to the native hardwood forests which had developed over much longer time periods.
Research has shown that reclamation practices have a dramatic influence on the rate of
forested ecosystem recovery on unmaaaged reclaimed mine sites, and on their long-term
productivity and economic value. Practices that encourage ecosystem recovery are
compatible with and complementary to those that may be used to establish commercially
viable, productive hardwood forests on reclaimed mine sites.
Acknowledgments
This project was supported by funds from the Powell River Project and the University of
California, Santa Cruz. Jonathan Beals-N«smith and Vanessa Muftey assisted with field
research. This and other Powell River Project publications are available on the internet
through the Virginia Cooperative Extension web site http://www,ext,vt.edu/re»urces/, or
through the Powell River Project web site IsRtiJMt.
-------
Brenner, F. 1, M. Werner, and J. Pike. 1984. Ecosystem development and natural
succession in surface coal mine reclamation. Minerals and the Environment 6:10-22.
Burger, J.A., D.L. Keltiag, and C.E. Zipper. 1998. Maximizing the value of forests on
reclaimed mined land. Virginia Cooperative Extension Publication 460-138.
http://www.eitt.vt.edti/piibs/mine5/460-138/460-138.html
Burger, J. A. and J. L. Torbert. 1992. Restoring Forest on surface-mined land. Virginia
Cooperative Extension Publication 460-123. http://wmv,ext vt.edu/pubVinines/460-
123/460-123 .html
Daniels, W.L., and C.B. Zipper. 1997. Creation and management of productive minesoils.
Virginia Cooperative Extension Publication 460-121.
http://www.extM.edu/Bubs/mines/460-121/460-121 ,ntmi
Fowler, D. K_ and L. J. Turner. 1981. Surface Mine Reclamation for Wildlife: a model
reclamation plan for Southern Appalachia. Fish and Wildlife Service/OBS-81/09. U.S.
Dept. of the Interior.
Holl, K. D. and J, Cairns, Jr. 1994. Vegetational community development on reclaimed
coal surface mines in Virginia. Bulletin of the Torrey Botanical Club 121: 327-337.
Holl, K, D. 2000. The effect of coal surface mine revegetation practices on long-term
vegetation recovery. Pages 56-61 in 2000 Powell River Project Research and Education
Program Reports. Virginia Polytechnic Institute and State University.
Kan, X R. 1968. Habitat and avian diversity on strip-mined land in east-central Illinois.
Condor 70:348-357.
Raifall, B. L. and. W. O. Vogel. 1978. A Guide for Vegetating Surface-mined Land for
Wildlife in Eastern Kentucky and West Virginia. Fish and Wildlife Service/OBS-78/84.
U.S. Dept. of the Interior.
Rodrigue, J. A. and J. A. Burger. 2000. Forest productivity and woody species diversity
on pre-SMCRA mined land. Pages 35-55 in 2000 Powell River Project Research and
Education Program Reports.
Thompson, R. L., W. G. Vogel, and D. D. Taylor. 1984. Vegetation and flora of a coal
surface-mined area in Laurel County, Kentucky. Castanea 49:111-126.
Torbert, J.L., and XA. Burger. 2000. Forest land reclamation, p. 371-399, in: R,
Barnhisle, W. Daniels, and R. Darmody (eds). Reclamation of Drastically Disturbed
Lands. American Society of Agronomy Monograph 41.1082 p.
Torbert, J.L., 3 A. Burger, and ,T.E. Johnson, 1996. Commercial forestry as a post-mining
land use. Virginia Cooperative Extension Publication 460-136.
httprf/www.ext,vt.edti/pub$/rnmes/4$Q-136/460-136.htigil
Wade, G. L. and R. L. Thompson. 1993. Species richness on five partially reclaimed
Kentucky surface mines. Paper presented at American Society for Surface Mining and
Reclamation 307-314.
Wade, G. L. 1994. Grass competition and establishment of native species from forest soil
seed banks. Landscape and Urban Planning 17:135-149.
Wade, G. L. and L. M. Tritton. 1997. Evaluating biodiversity of mineral lands. Paper
presented at National Meeting of the American Society for Surface Mining and
Reclamation 336-343.
12
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Section A - Organizations
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1*5.:
This is a pre-print draft subject to farther editing and
review. The final version will include photo credits, a
Table of Contents, and complete appendices.
-DMFT-
Partriersln Flight
NorthAmertcan Landbird Conservation Plan
Septemher20CB
Atttfivn
www.PartnerstnFligHt.org
PubllsMhy
CORNELL LAB o/ORNITHOLOGY
Signed and approved by
US - chair of Pff Council
Canada - Partners in Flight Canada National Working Group
Madco - NA8CI Committee
Seek Qn*r:M<:m*il*BI*»lrt de 1« BWIwrsidal (National Commission
for the Conservation and Use of Biodiversity)
•W Studies Canada
Bird Studies Canada
National Audubon Society
U.S. Fish and Wildlife Service
Canadian Wildlife Service
U.S. Hah and Wildlife Service
Cornell Laboratory of Ornithology
Canadian Wildlife Service
NABCl-Canada
Rocky Mountain Bird Observatory
American Btrf Conservancy
Cornell Laboratory of Ornithology
0aya Lakes loint Venture
Canadian Wildlife Service
US. H«h and Wildlife Service
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Section A - Organizations
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I
Peat 1;: JW-Con tiheritalPlan'
INTRODUCTION
JDevetoptuertt tffttrfners in Ftigftt
Birds are perhaps the most highly valued and actively
appreciated component of Morth America^ biological.
diversity. Approximately 1,200 species, representing
nearly 15% of the weald's known bitd species, inhabit
Canada, the United States, asd Mexico, Approximately
two-thirds of these, including warblers, thrushes,
sparrows, Snehes, httminlngbinJs, flycatchers, raptors
and other groups, occupy principally terrestrial habitats.
These "lamibirds* are the focus of this document
tandbirds are an important component of the economy,
providing untold bilUons in dollars of ecosystem services
each year. Through their consumption of past insects,
pollination of plants, dispersal of native seeds, and
other services, birds contribute to the maintenance
of ecosystems that fcfeo support human life. Natare-
based recreation, a high proportion of which involves
observing birds, is the fastest growing segmeni of the
tourism industry, increasing approximately 309S annually
since 1987. In 1996 in the US, atone, 160 million people
(77% of the population) spent $29.2 billion to observe,
photograph or feed wildlife.
While birds are valuable to humans in many ways,
declines in numerous landbird populations are creating
serious concern for their Uttures. Some specks are
in sufficient trouble to merit immediate conservation
action. Others remain widespread !mt deserve attention
to prevent continued decreases. Because landbird
habitats are directly affected by human ase of the land,
the health of all North American species Is in our
hands. We therefore have a stewardship responsibility
for maintaining healthy populations of still-common
species and not simply for pr^wmtinf extinctions. We
must never ibrg&t that by far the most abundant bird in
North America—the Passenger Pigeon-~was driven to
extinction from a population size of 3-5 billion in fewer
than 100 years (Blocksteln 2002).
The causes of population declines in birds are
numerous, but the loss, modification, degradation, and
fragmentation of habitat almost always play a major role.
Threats to habitats come primarily from uncontrolled
urban and suburban development and from intensified
land-use practices in agricultural and forested regions.
Birds are a vital element of every terrestrial habitat
in North America. Conserving habitat fbr birds wlU
therefore contribute to meeting the needs of otJ*ar
wildlife and entire ecosystems.
Recognition that a cooperative, non-adversarial
conservation approach was required to address bird and
habitat Issues at a continental scale led to ibrmatlon
in 1990 of Partners in £Hght/Carapaftetos en Vudte/
Parteaalres d'Unvol. This voluntary, non-advocacy,
international coalition was originally dedicated to
nswarslng' declines of Neotropical migratory songbirds,
but soon expanded its mission So include all kmdbirds.
Partners include lederal, state, provincial and territorial
government agencies, non-governmental organizations,
numerous universities, concerned individuals, and
private industry in Canada, the U.S., Mexico and beyond.
The Partners in Fttght mission Is expressed through
three related concepts:
* ftslpitig species at risk. Species exhibiting warning
signs today must be conserved belbre t;Key
become Impeiifed, Allowing specie? to become
threatened or endangered results in long-term and
costly racwery efforts whose success often, is not
guaranteed. Species that have attained endangered
or threatened status must not only be protected
from extinction, but must be recovered.
* Keepingcommon birds common. NaKve birds,
both resident and migratory, must be retained in
£ae& sprfr^g, Efcrejws tfbtodwetix>he.k to HSgfe Isktttei, Texas
t& observe the &QK$tira migration. Direing 20&f, inths
Direing 2
ks U.S. &
vffies. spending $38.4 billion,
healthy numbers throughout their natural
ranges. We haves responsibility to bo
good stewards of spedes that represent the
integrity of North America's diverse and
unique ecosystems.
« Voluntary partnerships for birds, habitats
and people. A central premise of PIP is
that the resources of public and private
organizations throughout the Americas
most be combined, coordinated, and
increased in order to achieve success
in conserving bird populations in this
hemisphere. The |>ower of Fifties in
the synergy that builds when dfveme,
committed partners who care about birds
work together for a common goal.
Pttr/ttnteattrfStttj»ettftMs Plan
Purpose
This Plan provides a continental perspective
on North American laudbird conservation, ,
presenting geographic, species, and habitat
priorities. An international approach is
essential because most species breed, migrate, *
and winter in more than one country, such that
Canada, the U.S. and Mexico share many of the
same birds at different times of year. Migratory
birds are an International resource that requires
conservation planning at a continental scale - a different
approach than what may be suitable for more sedentary
wildlife.
Our audience includes decision-makers, land-managers
and scientists at nations! and international levels, who
collectively have the ability to meet PIFs ambitious goals
for Sandbirds.
Based on a comprehensive continental assessment of
448 native laadbird species, we establish population
ob|ectives artd recommended actions for Species
of Continental Importance. These objectives and
recommendations will facilitate the integration of
landbird conservation actions with those described
In other continental- and nations!-scale plans for
birds. These include the North American Waterfowl
Management Plan (North American Waterfowl
Management Han Committee 1998), Canadian and U.S.
Shorebird Conservation Plans (Donaldson ee «L 2000,
Brown 6t at, 2001), and Waterbird Conservation for the
Americas (Kushlan «t at 2002),
We consider two types of landbirds to be of high
What the PtF North American Landbird Conservation Pi&n does:
Summarises die conservation status af bneBrfrds across Horth
America Illustrating broad patterns based
-------
For the purpose of this document, "North America"
includes Canada, ths continental U.S., and Mexico.
Howewr, this version of the Plan is limited to hndbirds
that regularly breed in UK continental US. and Canada.
Nonetheless, Mexican scientists provided important
ideas ind strategies for this plan at well as considerable
d»ta on the status in Mexico of many species included
here.
Under the guidance of the Mexican National NABCI
Committee, a working group was established in 2002
to develop the species assessment process for all bird
species present in that country (approximately 1400
species). Mexico is following the HF methodology,
and the rlrst conservation status assessment for all
Mexican tpechs is expected by tta end of 1003. Thus,
we are preparing for a smooth integration of about 450
Mexican landMrd species in future Iterations of this Plan.
Spedes assessment also has taken place lor portions
of the Caribbean, and partners are coordinating bird
The PIF Continental Plan considers 448 tandbirdspedes native la the United States and Canada from the
fallowing 4S families. Colored text showsadditionalfamileswilhlandblrdsnativeto Mexico thatwill be treated
in Mure versions of the Plan.
variable across North America to be treated only at a
continental scale. Implementation of on-the-ground.
bird conservation strategies must take place at state*
provincial, and local levels, guided by regional and
continental pfenning. Over the last seven years, flf has
engaged in a comprehensive plarining effort, resulting in
several dozen regional bird conservition plans covering
all states or physiographic areas In the US. (Pashtey et al
2000, www.PartnerslnFlight.org). Similar regional efforts
are underway in Canada and Mexico. These regional and
state Pff plans (Append!)! C) identify priority species and
habitats, set goals and objectives, discuss local teles and
opportunities, and outline strategies for local or regional
partners to Implement bird conservation objectives.
Part II of this Kan summarizes the salient issues faced
by North American landbirds, reflecting the recurring
messages of the regional plans.
Scops
.(MgfltgjSj^iirjdae. T
.coiM.m.bida£.
Psittacidae
Cucylidae
IVtonfclae
StiioMae
TVo^onldafe
Momottdae
AlcedinldM
Hcldae
FymMidai5:|||
IMlH!.°^j3E'^-l^
JxSfiS^te-
Cotingidae
t allies
Ousil & aifies
sJSrmae,Turkgy$
.P_QVEKS,&,Plg60g
fsrrots
Bam Owls
True Owls
Potaos
Mwmots
Pufftjifjfe
Batbets SToucsns
Woodpeckers Sallies
Jsiftg^fe, ,i.g |ftc^isfsr& ijjtgs._
Amshffkes, Antwfens, Anttsfrds & allies
^wtjm^es^&Ag^KI—
_g^tctigra,BicaFCfs»i
iiach-^H'oitBi) SfMmxw
itofcffeijffdB _
Ai^!apfeaW»faw
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APPENDIX B. METHODS USED TO
ESTIMATE POPULATION SIZES AND
PEHCENTS
Estimates of global population size wars needed for
etch species of l»ndb(rd covered by this Plan for several
• To score the Peculation Size lactor (PS) in our
species assessment. For this purpose, we needed
order of magnitude resolution on population sizes,
using to the extent possible a single methodology to
give comparable estimates across a! species
• To provide estimates of 'current" population she
for eacMandbird species. This gives an impression
of the size to estimate population size of landbirds
in the arctic (BCR 3) portion of Canada, as follows:
1) Total hndbitd density wss calculated from BBC
data for e»ch of three terrestrial ecozones that make
up BCR 3 in Canada (Arctic Cordillera, Northern
Arctic and Southern Arctic).
2} Total landbird density was split among three classes
of landbirds - those likely to be detected st long
distances (raptors, ravens), those st Intttmedtate
distances (birds of open country) and the rest (birds
of woods and scrub).
3) Relative abundance of each landbird species was
csfailatta from Checklist data for each of the
ecoiones and ehsses of birds above. Checklist
data were first screened to remove lists in which
aU bird species were not recorded, or the observer
self-identified as "Mr" at species Identification, or
month was not June or July. Counts per specie were
averaged across years within site before further
analysis.
4) The ratto of BBC density to checklist abundance
(density conversion lactor) was calculated for each
ecozone and class of imdhW. The two northern
ecotones were collapsed into one due to lack of
difference in conversion factors.
5} Density conversion factors were applied to checklist
abundance data to provide density estimates of each
landbird species at 649 sites across the arctic (those
in BCR 3 in Canada),
6) Bird densities from checklist sites were averaged
within each of 30 Arctic ecorcgions, then multiplied
by site Of region to convert to a population estimate
for that ecotef ion. Estimates for unsampled
acoregioris were derived as area-weighted averages
from all sampled ecoregions in the same terrestrial
ecozone. Population estimates were then summed
across ecoregions to provide a total population
estimate for each laftdbird species in the arctic.
Estimating gfalvtl jHtpHta Ifam:
For species breeding entirely within the U.S. arid Canada,
our estimate of global population size was a simple sum
of the above two estimates (BBS-based estimate plus
arctic Canada estimate).
For species with broader breeding distributions, but
still at least 10% of range In the US. »nd Canada, we
extrapolated global population size on the basis of
proportion ofbreeding range outside of the U.S. and
Canada. Proportions of breeding range were estimated
from range maps.
For species with more than 90% of breeding range
outside the US. >nd Canada, we estimated global
population size to order of magnitude (as for PS scores)
based on range size and s comparison to population sizes
of other landbird species that were judged to have similar
relative abundance.
Exceptions to »h« methods presented »ix>ve:
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We accepted independent estimates of population size lor
some landbireE species that have been surveyed by other
methods more appropriate and specific so the species, for
which continental-scale estimates were available or could
be estimated at a kvel of accuracy deemed to be superior
to our standard estimates,
Some assumptions in estimating population sizos:
!?or a variety of reasons, the population, estimates
presented here are rough estimates, and wiH need fco be
Improved over time, especially for use at smaller scales.
Without attempting &> be comprehensive, a few main
assumptions of the approach are mentioned hare (see
Sosenberg and Blaneher, la pott).
Habitats are sampled to proportion to their occurrence
in the regional landscape Although BBS Is designed, to
provide a random sample of the landscape, limitations of
a road-based survey mean that the landscape sampled Is
a bias©! representatibn of available habitat - for example
species characteristic of h%h elevation habitats are likely
to be tmdersampled by BBS simply because roads tend
to follow valley bottoms in mountains^ regions. In
northern BCRs» there is a geographic bias, with most BBS
data available from the soothers portions of those BC&s.
Checklist and Breeding Bird Census sites are determined
by individual scientists and volunteers, so are not a
random sample of arctic regions, We have not aceotmlecE
for habitat bias in our continental estimates, In part
because it will differ from region to region, and because
the magnitude of bias has not yet been estimated in many
regions or at a continental scale. Correction for habitat
bias should be considered when using the methods
described above at smaller scales,
Birds present but not detected during BBS counts
are accounted for by one or more of the three density
corrections applied above (pair, detection area, and time
of day corrections): Species that have a pesak of detection
outside of the BBS sampling window (eg., early-^^tson
breeders, most nocturnal species) are likely to have been
underestimated Pair corrections may result in pver-
estimatlon of population site, If a high proportion of
counts involve either both members of a pair, or unmated
birds.
Checklist / BBC-derived estimates from arctic Canada
are comparable to BBS estimates: There are no BBS
data from BCR3 in Canada to test this assumption,
However, checkii$t/B&C-derived landbird density was
79birds/krn2 in the Canadian arctic, versus a BBS-
derived 127 birds/kml in the BC& 3 portion of Alaska,
This difference is in the expected direction, because the
Canadian arctic has a ksgar proportion of High Arctic
where landbird density Is typically km.
Breeding density within the US. and Canada is similar to
density elsewhere in the breeding raaga Extrapolation
of population size estimates to global population rely on
this assumption, though it does not affect US./Casasda
population estimates, nor population; objectives for the
US. and Canada.
How accurate are the population estimates? :
Measures of precision for population estimates? am not
presented in this !%n. Although we have measured
variance associated with seme of the parameters, others
have yet to be estimated. Conversion of BBS relative
abundance to estimated density depends on several
adjustment factors, each of which carries associated
variance, A high proportion of undetected birds, habttat
bias and incorrect assignment of detection distance
category haw potential for krge effects on estimates.
Nevertheless, comparison with atlas-derived population
estimates suggests that population sizes are still well
within the correct order of magnitude for landlords'
regularly encountered on ESS routes (Rosenberg and
Blaneher, in press). Additional comparisons will be
useful for refining the estimates and independent
estimates are sought for all species.
Estimates of percent of global p&ptilation :
JEstteiates of the percent of gpfobal population within
BORs and biomes were needed so assign SCRs to
Avifauna! Biomes, to identify Stewardship Species in
those bismes, to construct maps weighted by proportion
of population ia Avifauna! Biomes, and to provide an
indication of degree of regional responsibility for Watch
List and other species.
Breeding season
For the breeding season, estimates of proportion of
global population were calculated by tlividmg regional
population estimates by global population estimates,
Winter p
For resident species, we assumed percent of global
population was the same as In the breeding season.
For moratory species, we based our estimates for the
US. and Canada on Christmas Bird Count (CBC) date,
calculated as follows:
I) For each CSC coant circle surveyed between 1990/
£i and 1997/98, birds observed per 100 party-hrs
were calculated and then averaged across years to
give a single effof t-sd/usted count per species per
count circle,
2) BEfert-^djustsd counts were averaged across all CBC
count clreks in each geO'folitical polygon defined
by the intersection of a BCS and a province / state /
territory. These average effort-adjusted counts were
then multiplied by area of the geo-political polygon
lo yield an abundance index for «ach species i n the
polygon.
5) Abundance Indices were summed across polygons
within BCSs to give an abundance index fot each
BCR. Wheres geo-political polygon was not sampled
by CBC sites, an area-weighted average from other
polygons In the same SCE was assigned. Most geo-
political polygons wltiKout CBC count circles were
in the boreal test or «t$lc, wheos relatively few
landbird species spend the winter.
4) lucent of US. and Canada winte-popalation wa«
then calculated for each SCR by dividing BCS
abundance Indices {ftxwn step 3) by the sum of all
BCR indices across the US. and Canada.
5) Percent of global winter population was estimated in
the same manner as summer population estimates,
using proportion of winter range to estimate
proportion of global rang® in the U.S. and Canada.
Som o assu mptions in estimating perce nt of
population:
Habitat bias is consistent across the survey area: Because
estimates of percent are relative measures, they are much
less affected by habitat bias and density corrections
than are population estimates, as long as biases are
relatively consistent across the survey area. Thus percent
of population based on CBC circles can be reasonably
accurate despite strong potential for bias In the non-
random placement of circles.
Differences In effort among CBC counts can be
standardized by dividing by party-hour; In fact, species
will respond differently to different types of effort (party-
hour, party-mile, feeder counts, nocturnal effort). Also,
response to increasing effort is likely to be non-linear,
eventually becoming asymptotic However, estimates of
percent of winter population by BCR or avlfaunal bionte
were relatively Insensitive to these issues. Comparison
of percents of winter population were similar whether
calculated without any effewt correction, correcting
with party-miles, or using party-hours to correct effort-
Only for a few northern species were there important
differences depending on which method of error
correctiort was used.
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Section A - Organizations
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--if «-"*.->
Contents
AN ATLAS OF
CERULEAN WARBLER POPULATIONS
KSFW; 1997-2000 Breeding Seasons
CcfrmllLab afOfMthehgn Ittuca, NY 14&SO
December, 2000
CEWAP populations throughout the Cerulean Warbler's range, 1997-2000
Map 1 Cerulean Warbler populations, as tfoctmmted by CBWAP, m USFWS rvgtons 3, 4, and 5
DfrROBUCTKW , : 3 •
Need EOT Project ZZ.ZIZ3
• fn$Kt Owls , _.,. _ „ i 3
MBmODS _ Z.Z ', ZZ 4
RBsuas II1IZIZZZZZZZZIZZZZZZIZIIZ s
Range-wide Summary .,.......„ , ,.„ .,....„ , , 5 '~" -
'^r!>'-f^%ioialSiiicrimri^ ::.... :..:;.srau..;.i..:;.::.:.:r...r.r,:.-3.::..: 9 -3r ',-• -
'•?: —*MM£USFBfSRegi!>ii3 „.;. j, „ ZZI, 9 '. ' -i
- ••- s-USFWS Rcgkm'4 jo
USFWS Regioa 5 _ n ••... ;
State Summaries ..*._..., 33
AWama- _ „ 13
Arkansas...,,.,.,,...,.....,,,.......,,"......,, „....., , m.™. m 13
Coaaectkut„,.„„.... , 15
Delaware. ,„... ,.,„„„ 16
Georgia „ _ , 17
nifaoa , 17
Indiana .....,,,., , 19
Iowa ,. ...21
Kansas 21
Kentucky „ _ „.. 22
Massachusetts ., 23
Maryland 24
Michigan „ 25
Minnesota ..,.,.....„ .,,..„„„„..,,.,.„.....„„„,.„.„.._ ..„..._...„„„....,_„.. 26
Missouri A 28
Netaska , _„ 30
New Jersey.. ..,....„...„...„...., 30
New York 32
North Carolina , „„ 35
Ohio 37
Ponasylvafiii >„..„,..„„,«-.„..„...„„....,„.„,.,,.,.„.,„ „....,. ,.,,,.,„,,..,,,),.,,,.„.......,,,...,, 38
Rhode Maud ..,..., 40
Sai*D«to» ..,.__ -...,.- _— 40
Temessee ...40
Vustoia 42
Vermont „..,. ........™... 44
Wisconsin ., .„.,.,... .45
West Virginia , 46
DISCUSSION AND CONCLUSIONS - 50
Habitat and Area Rajhwasnts ,— , — 51
Moollormg and Research Heeds 52
ACKNOWLEDGMENTS 53
LITERATURE CITED „ 54
APPENDIX 56
MTM/VF Draft PEIS Public Comment Compendium
A-751
Section A - Organizations
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INTRODUCTION
METHODS
The Cerulean Warbler Atlas Project (CEWAF) was a
four-year study designed to detemsiae the populaHon
statoa, habitat, md area recpiiremeats of Cerulean
Warblers (Detutm-lca eenilea), a high-priority Neotro-
pical migratory bird, wjtfhin USFWS Regions 3,4, and
5. This study employed volunteer birders as weH as
professional biologists, and was administered through
the Partners in Flight (PEF) regional and state working
groups, 0SFWS contacts, and the Cornell Lab of
Ornithology's network of citizen-scientists. This
CBWAJ? Final Report summarizes and reports data
submitted by each participating state and region Seom
the 1997 to 2000 breeding seasons.
Need For Project
The Cerulean, Warbler k among the highest priority
iandbirds for CDaservatkia ia the United States. It tanks
as extremely high priority on the national Wisfcblist
based on Partners in Flight: prioritizatioa scores, and it
ranks second 10 terms of immediate conservation
concern in the PIF Northeast regioa (Rosenberg and
Wells 1995, 2000). These priority tankags are ba^ed
on a small total population siae and a significant
declining Breeding Bird Survey (BBS) fcread throughout
its range (-4.2% per year since 1966). Cerulean Warblers
are declining across much of their North American
breeding range and are now liEsted as a species of concern
in 13 states, threatened ia 2 states, and endangered in 1
state. They are also federally listed as "vulnerable" in
Canada, In portions of the Northeast, however, Ceralean
Warblers are thought to be expanding their rnngo and
population size. la the Midwest and Southeast—ss well
as areas in the Hortheast such as New England, New
York and New Jersey—this species Is not adequately
sampled by the BBS because of low overall density. There-
fore, its distribution in these areas remains poorly ksown
and accurate population tstmds have not been estimated,
Because of severe declines throughout the Ceralean's
range, fee USFWS has recently completed a Status As-
sessment of Cerulean Warblers (Hamel 2000), for pos-
sible listing under the Endangered Species Act Hamel
(2000) provides & compilation of historical records and
contemporary anecdotes about the status of this bird;
however, the report is limited by die lack of reeeat pub-
lished information on this species from most states. In
particular., conservation ptoaiag for regional popula-
tions is hampered by poor knowledge of present-day
breeding locations, as well as by a lack of local data
regarding habitat affinities, area requirements, or threats,
In October 2000, a petition was filed to list fee Cer-
ulean Warbler as ^federally threatened. In light of the
Status Assessment and the petition, updated data con-
cerning the Cerulean's status, population numbers, and
critical breeding sites are of utmost importance. CBWAP
attempted to fill these knowledge gaps by coordinating
the efforts of professional biologists and experienced
birders through, a simple protocol designed to survey
and study Cerulean Warblers throuj^sout each region.
Project Goals
The original goals of CEWA?, as stated m £be Scope
of Work to toe USFWS, were as follows:
* Identify important populations of Cerulean Warblers
in each stale, and detenaine the status of these popu-
latioas—^bow maay pairs? Are they reproducing suc-
cessfully? Are there local threats to the popalatioa?
Are populations expanding or declining?
• Determine the range of acceptable habitats aad area
requirements in each regioa—measure habitat stoic-
rare, landscape characteristics of sites, nest-site char-
acteristics, estimate den$M&$ 131 diSbrent forest-types,
attempt to estimate productivity,
• Identify suites of bird and plant species associated
with Cerulean Warblers
* Set population and habitat goals for the Northeast
region and sub-regiaa units, as part of the regional
PIF planning prt
* Produce a "how-to" manual of habitat management
strategies for areas having (or potentially support-
ing) Cerulean Warblers
This atlas of Cerulean Warbler populations addresses
die first portion of these ambitious goals- In this report
we identify specific locations of present-day breeding
populations ia each region aad state and attempt to esti-
mate population sizes based on data collected by over
20Q field collaborators. We also provide summaries of
the habitat types and dominant tree species present at
sites occupied by breeding Cerulean Warblers. Addi-
tional analyses of CBWA? data using G1S may eluci-
date patterns of habitat use at the landscape and regional
scales. The results of this afias wiH be incorporated into
PIF laitdbitd conservation plans; is particular, lists of
specific sites for management or acquisition, as well as
local data on habitats used, will aid in setting regional
population objectives for this species. Oar mtentioa is
to publish a completed version of this atlas, along with
the most up-to-date summary of conservation and
management guidelines, based on CEWAP and Other
CEWAP took advantage of the expertise of actrve
birders aad professional biologists by employing net-
works of volunteers. Tfee Lab of Ornithology faired field
assistants in 1997,1998, and 1999 to cover areas thought
to be poteatiajily important breeding areas for ceruleans,
These specific arms within states ware systematically
searched; however, coverage of entire states was often
still Incomplete.
Field protocols consisted primarily of surveying
known sites (determined through state atlas workers,
other birders, and published literature) to determine
numbers of pairs, breeding status of population, and
conservation status of site. In addition, participants sur-
veyed as many new or potential sites an possible, to iden-
tify new breeding sites and determine status (as in the
first project goal), At a small subset of sites with large
or important populations, additional data on nesting and
foraging, as well as productivity and threats to popula-
tions, was available through collaborating researchers.
Because of oar reliance on volunteers and unsuper-
vised Seld assistants, and the large differences in ter-
rain and habitats surveyed, there was much variation in
actual survey methods employed in the field. A major-
ity of data came front variations on the "area-search"
method, where observers moved through potential habi-
tats noting presence aad numbers of singing male Cer-
ulean Warblers. Variations ranged from systematic sur-
veys along all navigable waterways by canoe in the
Montezuma Wetlands Complex of NY (Bill Evans), to
driving slowly along rural roads in northern NJ (lohn
Betizinger), to hiMngthe Appalachian Trail in Virginia and
North Carolina, to floating stretches of several rivets in
Missouri, to systematically driving and hiking through
forested regions and conducting point counts wherever
ceruksans were detected (Davi4 Baehlef), to spot-check-
ing isolated woodlots. Field surveys often used recorded
Ceralean Warbler vocalizations (M needed) to elicit re-
sponses from territorial males, approximate territorial
boundaries (especially in linear habitats), and determine
pairing mrus (females often respond K> tapes within Snetr
territories). After visits to & site were completed, ob-
servers were asked to attempt an estimate of the total
breeding jjofmlstlori of Cerulean Warblers at that site,
In addition to these CEWA1* surveys, we received
several datasets with point^ount locations for Cerulean
Warblers, often detected during more genera! bird sur-
veys. In these cases, it is often impossible to know how
much available habitat was covered or what proportion
of a regional population of Cerulean Wsrblers was
sampled—these are retained in om Atlas as minimum
estimates for these areas, Irt a few states we relied on
additional surveys conducted prior to CEWAP or as part
of independent research efforts. Finally, some holes in
our Atlas were filled by gleaning miscellaneous records
from birdlag e-mail lists, recently published Breeding
Bird Atlases, or by hounding certain birders and state
biologists irntH they told as what they knew.
We instructed participants to define & "site" as any
contiguous patch of similar and suitable habitat sur-
roundixl by a different habitat type. Because of Sic great
variation in survey methods and types of data we re-
ceived, the actual designation of sites in otir database is
highly inconsistent. These range from specific locations
of individual Ceralean Warblers within a larger contigu-
ous area, to politically defined State Park or Wildlife
Management A«sa boundaries, to entire river valleys
witft their adjacent slopes. In all cases; however, a "site"
represents a unique latitude emd longitude provided by
a participant and entered into our database. Although
this variation leads to diMculties in interpreting num-
bers or proportions of sites occupied in various regions
or states, tsis flexibility in our protocols enabled us to
receive the maximum amount of data from the widsst
group of volunteers and collaborators.
All sites were located on topographic maps, and data
on habitat, landscape characteristics, and land owner-
ship were noted on simple data forms. Specifically, field
observers recorded site location, latitude and longitude,
elevation, history of disturbance, general habitat type
(riparian, swamp forest, dry slope, etc.), three or more
dominant tree species, and canopy height. This infor-
mation was compiled and entered into a GIS database
by Lab of Ornithology biologists.
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Section A - Organizations
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RESULTS
Range-wide Summary
A total of 280 CSWftP participants and caliaJxjia-
Arl a.s are ass nine d to represent number of territorial
s or breeding pairs. An additional 355 sites were
;ttedwMi mo bkdsfeaad; in ^aecal abfiervecsoaly
29 paid field assi sUmts hired over the 3-year period reported positive sightings, and these do not represent
.(Table 1; me also Appendix 1 for complete Ust of rradom samples of avaikbls areas or habitats. Note too,
CBWAP|^rtidp3nts),Theimmofdata'B^modvadao- ifi,Mwslt^"r^ediiiS£M^^miMividsiaIpomt-looa-
txjiioied.fof 7,669 CerakaaWarfilefia at 1,033 51^ ia • .tii^s tof^ole river valleys, so feese data provide only
2S steles, pteOatajio.vliftmllysHw^rtswei^ of slag- arou^miiiiati^iiofiiiaflberofdilfersiitareasthatsiip-
iaf jmles; t&erefee atimbers reported tbroiigfaoiit &|s port C^mlean Warbler p
IhftfeX,
.£&&
*
Alabama
Arkansas
CoaaecScat
District of Columbia
Delaware
Georgia
Iowa
Illinois
Indiana
Kansas
Kentucky
Massachusetts
Maryland
Maine
MIoMgsD
Minnesota
Missouri
Mississippi
H^jmska
New Hampshire
New Jersey
New York
. North Cm>BQ8
Ohio
Oldahoa^
Ontario
IPeansylvania
Rhode island
South Carolina
South D:ik.ota
Teofw^see
\%giak
VemiOBt
Wiscg maic Ccmlenn.-; ;ind sccour,te
-------
Ibble 2. Areas Jst®portteg th& target Gindsan fParblerpop&latiow feSQpaim), rmgewid& fhe&e localtom my
represent primary arms jet- JutwKpGpmlatifrn m&ntMNg. &® j&*/e mmmorfesfor mem $pgc$$i; fa&eiti&ns 0ml
information on these &r@ss.
#Biri!s State
430
325
300+
238
202
" 200
200+
- 177-
167
150+
142
138
' 137
121
114
108
100+
100
95
94
90
78
78
75+
73
71
69
65
63
60
S€
54
50+
50+
50
50
SO
TO
•NY
IL
TN
• IN
ON
n.
M
NY
IL
TN
NY
MO
AR
MO
VA
IL
MI
NY
wv
NJ.PA
wv
wv
KY
TN
WI
PA
WV
NY
NC
OH
TN
n.
IL
NJ
WV
WV
Arm
Royal Blue WiMife Management Area,
Cumberland Pl&teau
Monteasaa Wetlands Copies
KaskasJd& River
Center Hill Lake Area, Edgar Bvfss State Park -
Jelferson Proving Orotind
Bedford/Qseea*s 0rjiversi$y Biological Station
Hlmois Ozarks, Saawaee National Forest
KaJamazooMver,Allegfcaa Stale Game Atea
AUegfeany State Park: and viciBlly
Cave/Cedar Creek
Frozen Head State Park
Iroqnois NWR, Oak Qreaanl WMA,
Toaowanda Indian JKaservatjoa
Eleven Point RJver
Ozaik HttioMl forest
Upper Cmreat River
Blue Ridge Fazkway, Sheimidosh HatidrMl Park
P» Msnpette State Fade, Big Riven
Port Caster aod vicini^'
Ga !en WUdlife Management Area
New River Gorge — Garden Ground Mountain Area
Delaware River Valley
Kanawha State Forest
^
Gmyaadoae Mountain and vicinity
Daaiel Boose National Forest
CMckastw National WildUft Refiigs
Lower ^nsconsirt River draiaages
Jeaniap Envfesamerttal Ceatcr, Moraine State Park
Louis Wetzel WMA
Salmon Creek
Blue Ridge Parkwty, Pisglo National Forest
Shawnee State Park artd Forest
Meeman Shelby S^lte Park, Mississippi Delta region
Mississqspi Palisades State Park aad viciai^
KockBiver
Kittatimy Mountains
Beech Fo* State Park
North Bead State Park End Rail Ttsi,
Mouarwood Park
ffakilal Type
Mesic slopes, cove &fe£^
'Kiparkn, forested wetland
Mixed floodplain
Mesic slope, dry slope
,
Bear Mountain State Park *
Wuerloo TowBsarj — Hwett Fork
Chratliam Wildlife Management Area •
Lower Wisconsin River
Cuyahoga Valley National Recreation Area,
Breoksville Reservation — Cleveland Metroparks
Peter's Mountain and State Game Lands
NaJolira Trace Psrkway, National Park
Murphy Preserve
Castleton Island Stt« Park
Hamburg Mountain and vicinity
Mill Creek Rd.
White River
Wytiiaing State Park
Brady's Ran County .Park
Coopers Rock State Forest
Brown County State Park
Forbe's State Forest and vicinity
Canoe Lake — Hahn Property
Ritchie Mines WMA
St Joseph River
Illinois River \&lley
Cache River
Marpfty-Hanreban Park Reserve and County Park
Letchworth Stale Park
West Point Military Reservation
Duff Park and Boyce Park
len Mile Creek and vicinity
Clinch Ranger District, JeSerson National Forest
Lake LaOnnge
IltibilotTypt
Riparian, dry slope
Dry uplsnd forest
Riparian
Dry slopes
R^arian, mesic slope
Mesic slope, dry slope
::iUparian
l^ry slope, bottomland
Dry slope, mesic slope
Dry slope, mesic slope
Riparian, mesic slope
RIpariM, dty slope
Dry slope, lake margin
Dry slope, mesic slope
Moist cove forest, dry slope, riparian
Riparian, river island
Dry slope, lake margin
Dry slope
Ripaiian
Dry slope, mesic slope
Dry slope
Mesic slope, dry ridgetop
Upland, lake margin, riparian
Dry slope
UJiland
0ry slope
Riparian
Cottonwood-oak floodplain forest
Mixed floodplairt forest
Riparian, mesic slope
Ripaiian
r?
Dry slope, riparian
Riparian, dry slope
Dry slope, cove forest
Mesic slope
m
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Section A - Organizations
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Regional Summaries
USFws Region 3
Witbm USFWS Sfigiaa 3, CBWAPpmttcipante found
a total of i ,745 Cerulean Warbkars at swughly 439 sites.
This does not include data Horn Illinois, pmvifded by
Scott Robinson, which accounted ibr an additional
1,000-3,000 bkds in thai state. CBWAJP coverage was
Batchy throughout ih& nsgtoe, with fee most concentrated
efforts is southern Michigan, sGtJtaaastern Missoari, and
southern Indiana. A scattering of Cerulean populations
were located along the Mississippi ISivef and its major
tributaries in the ^par Mittwesf, «ad m the Ohio Itiver
drainage along &e southern boundary of the region, The
largest single populations in the region arc believed to
b« located is EUkioIs along the KaskfisMa Rive* and Il-
linois Ossarks region (SOO* pairs), Jefferson Proving
Graand m southern Indiana (2QCM- pairs), Kaiamazso
River and Port Ouster aitsas la JN&ofalgan (275+ pairs),
and along the Seven ?oint and Upper Cummt BJvars
in Missouri (250 pairs)- Coverage was poorest ia south-
ern Ohio and elsewhere In Indiana and Missouri, where
undoubtedly maay other
populations exist (Map 2.)
Region 3—Tract size
Region 3—HaWtats (N«42$)
L Habitat classt/lcatfons at sites with Cerulean
Wmrblers In VSFWS R$$em 3 Numbers t/tmtMdual
Cerulean Warblers recorded In each habitat type are
noted above the bars. "$f" eqt&ds numbw t>f occupied
$&G$ vtith kabif&t data reported by CISWAP/xartiC
I a distinctly bimodal
habitat distribution with
roughly the same numbers of
birds found occupying bot-
tomland and upland habitats
Among the 426 specific sites
with habitat data, roughly
40% were in riparian bottom-
land forest, accounting for
48S of the Ceruleaas found
(not counting Illinois) An ad-
ditional 305 of sites were ia
dry tip land forest and 225
were ia aaesic uplands* sc-
eounting fbr 21% and ?8% of
the birds found, respectively
(Figure 1)
For 164. sites to Region 3,
participants provided data «a
the extent of available habitat
at sites where Cerulean War-
blers occurred. Although a
quantitative analysis of fbrest
patch size 1$ not possible with
these data we believe that
they provide a reasonable
sample of the range of tract
si?es us-ed in the region
RoughJy 41% of occupied
CEiVAP populations in USFWS Re
'^^spr USf!WSMsgt0tt 3.
V
Figure 2. Numbers of QGcapi&cl sites aad forest
sizes for site® In USFWS K@ghn 3. Nmtfor?
uai Centt@an Warblers recorded in each traGt~$&e class
are noted above the bars
sites were described &s 1,000
acres or greater, accounting
for 65% of all birds found
(Figure 2). An additional 265
birds were found Jo 70 tracts
between 200 and 1,000 acres,
iind fewer than 10%«f die birds
ware in patches s 100 seres
USFWS Region 4
In the Southeast region,
CEWAP paitieipants and c&l~
laboratory foam! % total of
1,560 Cerulean WatbJers at
633 specific sites (Map 3).
Coverage was patchy
throughout the region, rang-
ing from intensive surveys of
several key areas in Tenses-
see to scattered observations
from many other areas. The
biggest holes in atlas coverage
were b eastern KeaftKky. The
largest Cerulean population in
the region is undoubtedly in
the Cumberland Mountains
and Plateau tress of Tennes-
see and probably Kentucky
Additional significant popula-
tions were located In the Blue
Ridge of North Carolina, the
Gzarks of Arkansas, and in
to
Tennessee. Small populations were documented
at the edge of the species* range in northern Georgia,
northern Alab&ma, asd the coastal plain of North Caro-
liaa (Roanok* ktver). Ko recent breeding records could
be obtained in Mississippi South Carolina,
-------
Region 4—Habitats (N-5SO)
Region 4—Tract size
Region 5—Habitats (N=80Q)
f^parlati Swamp
SottomJand femsstaml
tores* la«e margin
cto$$yix&ti0m ettsiiuss with Gsntlmm
Mt&t type sirs
n&ted above the b&r$~ "N" &gual$ mmbw cf occupied
s&m "with habitat dtfta meanest fa? -(MWAPp»ti^>m£s. am m&teel a&trve tk& &etrg,
>»>w>y
* *Vy>V' ^r
f|(BM 4. Humbert of ecatpied tiles and forest tract
fa mek tractates doss
USFWS Region 5
In the Northeast Region, a
total of 3,077 Cerulean Wss-
bters were localed at 820 spe-
cific sites (Map 4) Intensive
surveys at many sites in Wast
Vagina a&d western Peaasyt-
vauia tamed tip roughly 1,400
Ceraleans ia the heart of tfae
species' ranga—this is un-
doubtedly oaiy a small &ac-
tion of the true population la
these slates. Outside of the
Ohio Hills physiographic
fcrsa large and sigftiflfiaat
populations were documented
m several areas incltKhag the
Montezuma W^lasds com-
ples. afidsmtoufidiug areas in
ceattal New York (400-«-
pairs) Allegbaay ^a^ Park
and Hadiona! Forest atea df
western New York and Penn-
sylvania (175-*- pairs), the
Delaware Water Gap isgioa <»f
northwestern New Jersey and
adjacent PaaasyCvama (150-t-
pairs), and the Blue Ridge
Parkway area of western Vir-
ginia (100+ pairs) In addition,
smaller populations exist in
figure S, Habitat classifications at sites with Cerulean
Warbfat-s in USFWS Region 4. Numbers &f mdrtfektat
Cerulean Warblers rgc&rd&J in e&ch habitat type am
noted above tfte b&rs, ™JV" equals rwmber ofac&tfiieel
sit®* -with habitat data rtp&rted by GEWAPparticipants.
Region 5—Tract size
232
the Ha^sen IU vet Valley and Highlands of southeastern
New Yurie, and in many paits of Peussytvaflia, Small
but persistent populations were fotind feoughoat south'
em New Eaglatid, in nafflbem New Yoik, and In the Pied-
ms&t of M&ryiaiK! and Virginia, Finally, although not in
Ibis USFWS Region, a large population of Cerulean
Warblers exists la Ontario, not far &oai the N w York
border.
As in otter regions, Orulean Wartilers exhibit a Jis-
liacUy bimodal habitat distribution in the Northeast Of
fee 600 spedfk Kites witft habitat d&ta, 43% were in
riparian or other bottomland forest feabitatsf accounting
for 44% of Individual CeruleaBS found (Figure 5), An
additional 39% of birds wens found at 256 dry slope or
ridgetop sites, wMt the remaicder of birds fn other tip-
land habitats.
For 333 sites in Region S, participants provided data
oe die extent of available habitat at sites where Cer-
«!eaa Warblers occurred. AJtiiough a quantitative analy-
sis of forest patch size is not possible wifti these data,
we believe that tbey provide a reasonable sample of the
range of tract sizes used in the region. Roughly 19% of
occupied sites were described as 1,000 acres or greater
in extent, sceouafing for 40% of all birds found (Figure
6). This is a mueh lower proportion than in the other
two regions. In contrast, 57% of occupied sites were
described as S 1GQ acres, supporting 29% of the
Ceraidans foatid to this region. Whether these data in-
dicate a lower threshold of ar*a sensitivity by Cerulean
Warfclers in theHortfaessi, compared with other regions,
or whether the nmge of available habitats searched was
different, is unclear.
Figure & Numbers ofaccHpted sit&s and forwt tract
stusfa- tuts in USfWS Suflon S. Nttabtn o/(«rfwrf-
mil Cemlmn WarMers recorded in tmefj traet-tlxe class
aw n&ted above the bar*.
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Section A - Organizations
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State Summaries
Alabama
Our current duta for Alabama (Map S) comes ftom
Enc Soebrea (e-mail eommuaicadon, Oet 2000), who
rsfsortcd birds from two sites in fcBaakheadKatloiml
Forest OLswmteeasd WlasEou wiratics). Five birds wees
observed Is the Sipssy Wilderness sad 2 were soted.
akrag Flaaaagla Creek. Ifc& total potation tar AJs aica
Is tii&sg&t to possibly be much. larger, and more sys*
tsmatlc surveys at® i
A&^ & Ccrulcm Wsrblerp&pttl&ii&m in Arkansas. P&fygdw r&ptwent clusters of
sli^ where cer^lt^m werefou^ift close gse^f^pkic proximity. These do not n&e~
esmrify match spe&lfic areas listed in tk6 corrwp&ndtng state table.
Map 5. Cerulean Warbler p&ptile&ions in Alabama. Polygons represent clusters of
siles 'where cerut&eifis w&r& found In dose geographic pr&ximity.
Of tos 46 sites with Ceraileans, 35 (76%) w«sm etas- Among the 33 sites that recorded tnws species, ap-
sified as upland and 12 (25%) wests bottomland (Figure land sites were dominated by oaks (m&slty red nfe) and
7). Upfead ttott seeostated for H 3 (79%) Cerulean ob- hickories, whereas bottomland sites reported sweetgum,
semtions, wfeersas 30 (21%) bittfs wen; observed in maples, and sycamore (Figure 8).
bottomland habitats.
at
0! H» t e
Arkansas
There Is iittle published inSMJistioa oat
absence or raladve abtaidaace of Cerolean
Arkansas; however, Hamel (2000) <^es cite a few ref-
erences suggesting tbat the spades Is common in the
Oaachita NatkBial Forest and -«wfeaH Ozarks. Has pri-
jsary ai« saas^ed fey CEWAJ? partisi|mote was Use
Ozarfc National Forest in the northwestern part of file
state (Map 6). It is likely that addMoas! populations exist
m the Qimchita Katioaal Forest aed naaearclied areas
of the Mi^issippi Delta regiofi.
CBWAP paztieipaitts observed 145 birds at 46 (%%)
of 48 sites visited ia Aafcaas&s. Of these, 121 (83%)
were acted la &e C^rk Naftoaal Forest and 14 (10$4)
were detected mt)esliaaQdl>miriecooiities of ibe Mis-
sissippi Delia ne^oa (Table 4). No birds were discov-
ered at two separate sites along the Ouactnia River (sear
CalliorO and the Saline Itivcr (near Risen). Data from
fet OtailcHatioQal Foasst consisted of individaai Cenikan
piste Ms sampling was for the species in this regioft.
Tabte 4» lvnp&nxa& smct$i/i&' brs&sSng Cerub&s&t W&rbfars in
ofMrds
County ($)
Habitat (s)
121 Ozark NffiEitmsa Foi^sst
34 Missa
Upland, bottomland
B
-------
Connecticut
Orul&kn Warbleis &6ra 6 ^H of fiK atlas blocks (Bevier
1994) CSWAPc»wra^mComisctJCBt'wmspitehy,|mt
distributed in several regloss C^niteguswcfs observed
IB all regions searched, except the extreme southwest
comer near fee towas of Redeteg a&dWesfm (Map ?)
CEWA1* parttetisaiMS counted 34 buds at 13 <6S%)
of 20 sites; visited at Connecticut Of the 34 individuals,
10 (29$&) were noted in Hatehattg State Forest m
Wisd&am County Other import®! aieas lor Cenii&ms
included habitat along the Hoasatomc River ia JUtcfaSeM
County and the Session Woods WiJ dliie Maaagemmt
Area in Hartford Coaaty (l&ble 5) AddiiiaM! smgle
birds wcae found aJ Kaha Preserve near Mew Mttford,
Ncbmhc State Forest near Lyme, Bend of £be River
r SoiAbury, tod (te Yale Forest in
County Araoag the areas seiircfeed that did
sol hftve Oetuleans were Devil's Dea Preserve and
Lam^alfi Nataral asea ai F^tfid4 C^saKy
sud olfeer feottomland sites accoutred for
CT Habitats (N^14)
CTTree Species (N=14)
were soted kt ii|jiaad Sirest Isafeiate (Figuce 9}
Oaks md staples were the most coaauoaly reported
tree species at oosapiad sites, heweviKc, bkcfe, Mckoty,
sycamme.acd eastern heaalockwerc also imported (Fig-
afti 10) Tfes Hatehaag Stole forest is & 12,500 aere site
dommaad by red oak, white oak; Hack dak aud hickory,
wksraas sites akmg the Hoasatorae Kiver bad sycamores,
red md silver espies, wMte oaks, aad asfa.
. Cavlta Warbhrpofwlaaom m Connecticut Pafygow npnsent dusters
o/si'l« when artileam warn found in ufow gasfrnpfce proximity Thex da not
nscessonfy fftateti specific areas fotad tti the corresponding state table
J. Important anas for tmdlngCmilaai SVarUm fa ConmeHcut
Number
of birds Site foaaloa
10 Nstotaug Sate Forest
6 Hotisatoaie lUver-* Kmt, Bail's Bsidge
5 S«Jan Woods WMA
3 Pleasant Wlfty Nateim i*reserve
3 Human Park, Lyme
2 Still Kiver ft eser^e
Caunfy(s) SaUtatd)
WiixJliaiB Tjfe® ffiMgla, *ky slops
LteifieM WpaAa
Hsrt&td Ri|Kiian
Mi«««t 77
Middlesex 77
LitehSeld Ri^tiafi
Elmaian (fl)
; 77
370
750
7?
77
250
Ill ll....
PSpflfian UpSsnd Swamp fbrost ^ ^j>> je> A j& f&-
Figure 9. Ha<at classifications & sites with Ctind&an ^ ^ ^ ^f
Warbiers in Connecticut, Numbers of individual Cer-
ulean WairMers meorded in stssk habitat type are »oted Figure l& Pmthmttteitit tree species rwp&rteslat ocea-
above the bars. "JV" egustis mmber&fe&cupieei sites pied sites i» Canmcti&tit. "N" equals number a/sit&s
with habitat data reported by CBWAP partieip&nis. wtth treti gpeei&f reported by CEWAP p&rticipante.
Delaware
Ilamcl (2000) reported that "Prelim i,-ury result
the Delaware Breeding Bird Atlas iiwicatc Ihe binJs were
fdtmdiatwoblCKjks in tfesBortl»empait*f the state (Lisa
Ckilvln-Iiinftvaer, pers. comro., 18 ^»pt !996),H
CEWAP partScipautB counted 10 CsrtiieAn WsAlers
at 7 sites In the northern Detawace county of New
(Map 8). AU these birds were along White Clay Creek
in rfpaiiaa and adjacent upland forest. The forest was
dominated fey sycamore, awples, tulip tree, and walnut.
This srea is adjacent to a site with two additional birds
«t (tie Whitt: Oay Crcde Pteserve in Chester County,
PA.
Cerulean fRiffr/cr populations irt Delaware, foiygems repr
sites whers centlems
ent clusters of
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Section A - Organizations
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Georgia
CSm* surveys yielded 22 birds at 14 (87%) 0f 16
sites visited (Map 9) Nearly all the bads were 03 ifee
e National Forest in Omoa County, be*
tweea 2,646 and 3,400 ft, elevation, either en dry slopes
or in cow finest Specific sites oa the jaataofial forest
mduded Wakat Kiiob, Poplar Knob, Ragtag Knob,
Stseedly Houston, and Rockfeea Le&d.
Ma/f & Cerulean Warbhrpopuiati&fis In Geargfa Polpg&as i^resmt dusters of
sites where csruleans werejfoanei in close g
Illinois
Out knowledge of Cerulean Warblers in. Illinois
ceases primarily from Scott Robinson asd Qlesdy
wfao complete^ statewide surveys for t&is species be-
em for sharing their unpublished data, which siake up
the btilk of ow account, below, A few additienal ob*
8 sites dadsg ^e CBWAP, bia
n IBted$ in li^bt ^TSie
recently »m|slet^i surveys O^ap 10).
B-obiasoi! and Vauderah completed 2,587 censtss
poiiits and 253 ceasusfotitos, Sfiifipliag 11? forest tracts
sut^jwitk. Tfaoy satimated OKmiean Watbf er abtiatesce
in 21 regioas of the state and Mteapolated to produce a
rang6 of population ^sttostes for each sfea. The tesults
of this ambitions survey yielded a statewide population
of betweea 1 ,000 and 3,000 staging male Ceralean
Waifel^s. Mo^ Ihsai 75% of these weie coatxsirtiafesd is
four areas io Ae soathwest portion of the sta^— •
Kaskaskja River Valley, Pern iMtoquetle State Park sad
Big Sivms aldi^ the Mississippi Biver, Cave/Cedar
Crtick, and the Illinois O-iaiks(lV,b!e 6). Stnailer pop il-
lations occur fetber aortii along the Mississippi Elver
and isfamg a l&w o^er riv^- S^S^ES. The Mgfeast $8Br
sfag of siugiug mbM (0.66 per ^)-m point cmint) was
fotsada* ttse Cav»Cedar Creek sites.
Habitat sdee&oa varied aorQ$s Hie state, with the
majorf^'' of birds occipyisg tall, diwrae floodplaia for-
ests Of wMts-oalc domlaated slopes. Aa interesting situ-
ation fseeaesd locally Is black loctist gK«ms wiiimj
iarger ferest Eiaels. At Pern MarqBette State Paife, Cer-
ulean Warbler tecrite*es la bliM^: locust raaged fien 2
<1996, 1997) to 13 (t$9S), ppesimiably a response to
local outbreaks of l^dopt^aa larvae on &&& we spe-
cics. Similarly, at Mississippi Pali.s,'ine^ Sta',^ Pai'k. gtnth
b*a-of te^
-------
Roughly half of 48 tacts & 500 ac (200 ha) wore occu-
pied, whereas only 2 of 42 tracts < 80 ha (200 ae) had
bifds. Rates of cest parasitism by Bmwa-feeaded Cow-
birds were relatively Hgfa; e,g, 75% in Illinois Qzatfcs
asd 80% at Mississippi Palisades State Park.
Robissoa and Vandsrali point out that Illinois is near
the cotter of the Cerulean Warbler's Wsiorfe range and
that the species was abundant these during the 1800s.
Today fee species is "w®, patchy, sad extremely area
sensitive;.* Th&y were found to be absent or very jas* ia
(I) drier forests oa poor or sanely soils; (2) pure tree
plantation (pines, sweetguaa, tulip-ttee); (3) younger
or heavily logged forests; (4) urban woodiots; aad (5)
forest patches < 200 ha (500 ac) that are seattewsd
through the agricultural landscape.
It Forest Tract Size
> 1,QOosc
Percent -pe accounted for 247
(72%) of Cerulean observations figure 12), Roughly
97 birds were found k various bonomliind and kke-
Baargia habitats m Isdisaa, and an additional 34 indi-
viduals wert found in dry txptend &ff£$ts.
refepottodftomthe!atgest '
tnmsber of occupied sites {Figiat 13)» however, the site
with the largest population f Jt-fTerEon Proving Ground)
WBS dominated by white oak and talip tree. Bottomiemd
site* consisted piteaiily of syoamm-e sad maples, with
black walnut and elms also frequently reported.
Tahlf 7. Imjtertent areas for breeding Cerulean Warbhrslnlr.dicma
Slle loonier.
Elevation (fl)
202 leS&fgoB Fraying Grouad
JeSersm, Ripley, Mosic upland iorcst
900
22
17
10
10
9
9
7
7
6
5
5
BTOWII County State Psrk
MnscntarruckNWR
Indiana Danes National ILakeshore
Turkey Creek Bottom
Gross Road
Pstoto River
tittle Bta» River
Tank Spring Bonom
Getdsbwry Hollow
Camp Huberts Cove
RogctsRoad
BK,™
Jsckson, Jenr
Pottet
Martin
MOMOC
Pike
Monroe
Martin
Martin
Brown
Monro*
sipsHun
dd|s S«»a^* forest, meslc slope
SWEmp forest, ri]>«risn
Bo&omlaud
Mcsi c and (by upland
Riparian
Ripwi;i]
Bottorftkud
Battomted
BcXtomland
Moist Cov* &mt
S50-750
550
«00-6SO
520
550-720
420
400
510-530
4*0-510
710-850
660-770
m Hsbitats (N=3*)
IN Tree Species (N=30)
!••* mm..
/s/JS '/'//'"
Figure 13. Kktbtiatelao^eaiataaitltt^ wltii Cinhait Flgm 13. Pnthmlmnt tnt tpectft mporterf at ocai-
WarMen In l»Ham. matters «/jKfcfcta? Centteat tMsUesIn InAma. "N" egvali manlier of sites with
m^rirKaMiltaKliluUlattftiemitctmlalme me teenies m/torted tyCEWAPpttrttctpmts.
the bars. 'W equals number af occupied sites with
htibitafdola reported by CBWAPpartlcfemts.
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Section A - Organizations
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44 (6%) atlas bbeks in 28 couotics. However these CBWAP|Wtid|Mmistalfled22cenj!eaffiBat9sia!Sin
observations occurred mainly ia pnotity bloeles that had 6 comities (Map 12). The .most important sites were !o-
been selected because they contained teg® amounts of eated aioag tfee Mississippi Riven1 ia AUamakee and
forest Most reports were from extssme eas^ni Iowa Cfeytaa cotuMieg, where 11 birds were observed
Map 12. Cerulean ffiorbt&r populations tit faywa. Potygotis wtpreseHt clusters of
sites where cemleans wet&found tn clos& geographic ptwctmtty
Kansas
CEWAP partici$!ajits doctmasoted 1 Genileaa at Uss
Western Bead Bottomlands oa the Fort LeaveaweiHi
MiUtaty R^erwticffi. T^e bird WES in ripariaa fiaast
domiaated by sy^ui^res, cottenwood, md ash. This was
the only site $jm?yed by GKWAP. O^s p&paIatiQ»
may exist in the eastern part of fee §tste (TbmM^Mi and
Ely 1992).
Map 13. Cerutetm Warbler populations In Kmtucky, Polygons t&pmssnt clustery of
sites w&ere eera/eow WWB jbmd in ct&se geographic pmximtty.
Kentucky
The Kentneky Breedmg Bird Atlas (Palmer-Bali
1996} reports Ccsuleftu Waty^rs ftom 16% of priority
atlas blocks statewide. Thsy were "Siirly widespread
in the Cumberland Plstoau ami Mountains regiocs asd
"v«y locdly distHhit&f* owssr mpsh effee BnMhite of
the state. Hame! (2000) notes that fee current status in KJ&a-
tucky Is very different from older occoanJs which state
tbatthis ^pecies was much more common atKi widespread.
This state received limited coverage from CSWA?
pail3dj3Mts.Mmtofoiir reports c^iM from two sotiRsest
a point-comfit daiAset SOSE £Ete Danle! Soone National
Forest in eastern Kentucky (t-iada Pesiy), sad some sd-
ditioaal surveys condoled through die K Y Dcpsrtmcur
of Fisli and Wtldllis Resources (Steve Thomas), Coa-
seepsntly, ow attts leaves large paps, espedaKy in the
Cumbedand ?lateati region.
Data from Daniel Boone National Fores! reveals a
minimum of 71 binds from 96 point counts, fdmariiy in
the Pioneer Weapons ares, Wolf knofe, Somerset and
London Bores districts. We have ao haWtat data sssoci-
ated with lh«se points. Other satwys reported an addi-
ttons! 6? O^ileftm from 20 site, mostly state owned
psiks ««i management »PK^. The most bifds foam! were
1 5 at Beech Ctoek WMA (O«y Omn^X ? *** *&& «
Kcntenia State FtweM CHar!^ Osmty) aad Fleming
WMA (Fleming County), and 6 Cenilesns at Sloughs
WMA (Union and Henderson Counties) (M«p 13).
Of fee latter 20 sitiss, 10 were <£y s!op^ or ridges,
BCarjuting for 33 i r,di\-i duals. 3 sites were in moist cove
forest with & feiitis, and 1 sites were ia bottomland areas
including swainp tcrcst and lake margins, acco-onting
for 28 Cerulesns, White oak, shaglwrtc hickory, tulip
flsje, «ftd maples were the most frKpsaSy repoitc.-! trees
elms we^e most frequent at bottomlaad sites.
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Section A - Organizations
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CEVJAP Populations in Massachusetts, 1997-2000
Map 14* Centleem
ters of Mies where c&ndeom «
not tteG&ts?artfy m&t£h speelfle
Massachusetts
VWt aad PeteftSQfi (1993) estimated t&e tot&l Msssa-
cfeusetis poptilatloa of bleeding Cffirulean Warbleis to
&lyg&ns representclus-
m close geographic prdvimity These do
CE WAl'parlicipanli ciocumenfed IS Cemleaus at 10
of 11 site visted across the state, wife sevmal sltss SB-
porting 2 to 5 siagtog males pcesmt (Tabk 8). Areas
with Cemleaas laolade sevemi ia th& CoaseeticutElver
drainage in Framldiii Coaaty, two sites aiong Qoatalsia
Reservoir, a&t} sarpmiagiy, two sites In eastern Massa~
chusem in I^EQsafli cotm^ (M^» 14). AJbout half of
£b& birds found wcrfi ia ripariaji or bottomisnd foiest,
an4 half ia diy i^jlaads.
Dominant tree ^>pa;i=s2t occupied sites include c,iks
(tecl tsisk, wfeite oak, fio«fcem red oak) aad Mekoiies In
es^s wl^t co&mwood, wilbw, mapkra, oaks, birches,
feeraloek, and white paao.
3Wt»._tmix>Maa anon far bridling Ctnlem mrtlm In MsswtaM*
Number
4
3
3
2
2
2
1
. 1
Qusbbia Reservoir
(West slope and Whitney Hill)
Little Wachusetts Mountain
PooU) Seat — OreenBeld
StiDwaJef — Dcerffiefci •
Middleboro
KnigfctvilleDani
Danbar Valley, Monroe State Forest,
Rows
ErwtaS. Wilder WMA
County (s)
WhiceMer
Wtfaates
Franklin
Mjmoalh
FranWi.-l
77
Habitat (s)
Dry slope
Brpanan
Swamp forest
Mesic forest
Riparian
D«y slope
Elmationff!)
750-800
300
175
JO
610-787
1500
77
23
Mop /5. Cerulean Warblef poptttatiow m Mwyt&nd Polygons represent clusters
of sites nkere centteans werefottnd its clom geographic proxtmlty
Maryland
Robbtos and Btora (19%) report Cemloui Wari»ter»
it 165 out of 1,25« possible Breeding Bird Atlas Mocks.
The species was most conubon and vfidesQiead in die
BM70W rklge ejid valley of western Maryland, IncEue^
ir.sCatoctmMomtainttca, and locally distributed along
livens flowing dowa Itirmigli th€ Fiedmoijt
CEWAP rarseys yieided oaly 1« Oirateims on 9
(82%)of 1] »tosumyeiNine(56%)ofll» 16otar-
vations came from Howard Cour.ty in the cental pot
of the stale (along Patvacnt snd Paapsco Rivera) ami
&mr observ&tfoss ctime &mn the Big and Littie Pataxeat
Bivers in Anne Axonde! gad Pfince Oso^ges collates
(Map 15). Two x.dividuals were noted a! CatoctinMoui!
tain Fade Is FFedenck Cotraty, ^d an anomalous bird
wss at Oraenwell State Fafk Mar tlie mouth of the
Patuxeat lUv?r in St, Msry's Cmrnty, Tbs lack of sur-
veys conducted IB Hie ii%e aad valley of western Msry-
laad, where &is species Is undotibtedly cpite common,
represents due af the largest gaps in tJas mng^wide at-
las.
All but the Cjtoctin birds were In riparian forests
doinkated by s^c^more, tulip ^ee, and silver maple.
The upland birds were in sugar map'."-bass\»ood forest.
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Ml Habitats (N»17S)
MI Tree Species (N»12t)
C&nttean "fi(arh}er populations m bficktgan. Polygons r&present chatters
of sites wfeem entmlt!&»s wepejfottKd In dose geographic proxwity These do not
necessarily stoatck specific eifmst listed fit the eowespowling state table
Michigan
The Alhs ofBmdtng Birds of Michigan (Brewer, et
«L l$9i)r^rtsCeraieaa Wallers torn 155 (12%) of
1,8% townships., with 141 (92%) of these ohsen'aricros
cosaiag fi-ora the southern Lower Beatasala.
CEW&P surveys yielded a total 507 fcftnb al 176
(96%) of 183 §li&s (Map 16). Two sisss fa Alkg&an
Coanty, the AHegfaaa State dame Area and itatesasoo
River, aceoiMted &r 177 (35%) of the 307 blsls ob-
served (Table 9). Offier fejsportaat SIBSS tedaded Fe*t
Ouster IB ICalamazoo and Cstboxtn comities, and die
Important amasf&r breeding Csnilsm Warblers la Michigan,
Watoloo Recrasiion Area in Wastfleaaw aud Jackson
ecsaties.
Sites coateiBiag djy apiacd fMestaneJ ripariao/swaiBf)
forest accounted for 185 (36%) and 150 (30%) cerulean
observations, respststi^ly. These two kabitat types were
pnaeiit at 149 05%) of 175 sites where hahimt cosdi-
^ki^ were reported (Figure 14).
Of 119 sties where tree species were reported, 99
(78%) contained oaks and 51 09%) contained maptes.
of birds Site location
HitbHal(s)
Elevation (fl)
ffl Alkghan State Game Arcs
and Kalamazoo River
1 00 ^ort Caster and vicinity
44 ^teriooRecrMtKmAreii
24 Wlrfte River
21 St Jwej* Rivw
10 Peny Trust
10 Flat River Sta» dam Area
Meghan
Kalamazco, Calhoun
Washtcaaw, Jackson
Muskeegan, Oceana
Branch, St Joseph
Baay
M^itcalm
KiparfaE, swan^> fisres
m«ic forest
Dry uplaaii forest
Dry upland IcKost
K^arian
Riparian
Mosic Forest
Dry iip^ad ibfest
t, 600-700
820-1010
984-10SO
600
853-886
951
820
Dry u^M^d RipariaiV
fof «si swamp forest torsst
Figure 14. HabilatcUusificaticns at slim with Cemlem
foirblers in Michigm. Numbers of individual Cviilean
ffiarbJers recorded in each habitat type (m fmftMta&ave Figure /I f^demimnt tr®e jpuAcr repantaet af oceu~
the bars. *W" nq&als number of occupied sites with pietfsttes tn Michigan. "N"'equate number &fsties with
habitat data rsp&rted by CSWAP parftetpemts. tr&? spetO®! nsptyrt&d by CEWAP participants.
lies, America basswood, eastern hemlock, black cherry,
arid black locust (Flgwre 15). For tie 117 silas is^era
tree species tea were r«poned, tfce most Srecpieatly ob-
served sisecies ineladcd oaks (blsck oak, red oak, aad
swamp white oak), maples (silver maple, sugar maple
and red maple) and willow species.
Minnesota
Citing A personal coiJimBnieaioii torn Steve Stacker
sod Richard Baker of the Minnesota Comity Biological
Survey, Harael (2000) reports th&t "Simse 1988, the
Minnesota County Biological Swvey has satveyed 32
counties within the range o£ the Om^ean Warblet As a
result of this eHbrt, singing ffiales were observed at 103
'locations' (or elei&sat occufreaces) whieb. cm be
grouped into 42 'local poptilatioas.' These oomist of 8
Iocs! populations in ffoodplais forest and 34 local popu-
latiom in upland forest Sewn of to S largest tod popu-
lations were in upland forest."
CEWA? participants diaoovamd 103 Ceruksfi War-
blers at 57 sites in soath-eeatral Mloaesota (Map 17).
At least OM individual cerulean was noted at each of
the 57 sites surveyed (Table 10). Sites with gr«2tar tet
10 Cenil^m Wi^jlcrs IncIiKled Msrj%-Ham«han Re-
serve and County Park in Scott County, Dike Mana Sta&i
Park in Wnght Comity, and Siar.ley Eddy Coui)t>' Park
In Wright Couaty, Besides the cluster of skes m sorth-
era Wright County, a majority of birds wens fouad near
IMIr jf0. /mjHsmmtjjffwas/or btmt&rtg Csruteem Wtxrbters IB Mirwm&ta,
Number
of birds Sittlacmton Coanly (*)
20
16
11
9
9
7
S
S
5
Murphy-HMrehun Park
Reserve and County Park
I Ae Maria State Park
Stanley Eddy County Park
Beaver Creek VMfay State Park
Seven Mile Creek County Park
Kdly Late, MN Valley Recreation Ares
St. Johns Woo*
SuconnixWMA
Hagy tesoftgoimty Pak
Scon
WH^tt
WrifM
Houston
Nicollel
Carver, Scott
Stearns
Wriilit
Wright
HaMteKs) Elevation (fl)_
Riparian, mesio dope
Riparim, dry slope
Dry slope
Riparian, megic siope
R^jariaii, dry slope
Rip&rian
Kip^iaa, dry slope
Riparian
Riparian
1000
77
«
752
7?
??
7?
77
??
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the Minnesota River as Scott, Carvei, sod Nicollet
Counties Am outfymg popalatKm was at Beaver Greek
Valley State PaitaitbesoKtheastctHnM-Qftia: stale At
this point, we do eat know how these srtes compare
with the Minnesota Biological Survey datable
Of 39 sites reporting habitat conditloas, 20 (51%)
wet« clarified <*s riparian, while 17 (44%) wes® at dry
slope conditions Of the 79 birds observed at these 39
sites, 41 (51%) were soak! ai riparian and 23 wera la
dry slspe feabiiats (Ptgore l£)
Gaks» maples, aad American basswood were the most
coirnnosly repotted tree species m Minnesota (Figure
17) Attiptadsiies,red0ak,b«roak, sugar maple, and
basswood were most frequently report, whereas at
riparian sites cotloawood, silver maple, i$d oak, mht
and elm were domisaat species
Mop 77. Cerule&n WarbJ&rp&pttl&ttow in Mmmsota. Potyg&w represent clusters
of sites where csntleom toerejmtttel a* cfase geographic proximity These do not
necessarily match specific areas Itst&d In the corresponding state table.
MN Habitats (N=39)
RSNTraa Snectfts fN=381
/^a/% M Habitat chisslfication.-; etlsifes with Cernlxm
Warblers tit Mtnrm&la. Numbt'rs of individual Cei-dean
Warbhrs recordsc! in &aeh ksMi&t type are noimtabove Figure 17, Pred&miwmt tree Jspx^itts r&partmf atocca-
the bars. "N" equals mtmb&r afacatpieel sties with pled sites fa Min»e$&ta. "N"equalsmmber&j'siteswith
hgMtea data reported'b?CEWAPpartieip£ittt$, ftw* species rsport&i by CKWAPportidpmts.
Missouri
The Missouri Bmtding BirdAttas (lacobs and Wii-
son J 997) reported Caruteaa Wetrfelers fmm 8! (7%) of
1,207 atlas blocks statewide. Hamcl (2(XKJ) states:"Some
Missouri occumaicea in uplands, but the major num-
bers are associated with np&rian corridors and other ar-
eas near rivers, particularly the Current, Jack's FoHc,
and Eleven Point rivets in the Ozarks in southeastern
Missouri." CEWAP coverage in Missouri was confined
to the southeastern portion of the state within these sev-
eral majtjr riparian areas. Note the lack of surveys Urom
fee OsHtrks of southwestern Missouri; given the krga
number of birds found in northwestern Arkansas, we
expeei that sbmhrty large populations may exist in that
part of Missouri as welt,
Almost all of th£ southern l«tlf of Missouri was origi-
nally, and k again today, blanketed by oak-hickdry and
oak-pine forests- Is 1998 Jane Fitzgerald hired Tim
KJppdHbergar and Tom Hali to survey several rivets in
this Ozsrk region. Tim and Tom's canoe surveys of the
Black River, Coariois Greek, Eleven Point River, and
Huzzah River revealed densities of over 4.5 singing
Kales per rivet naiie. Mark Rabbins {an ornithologist
from tile University of Kansas) who worked in conjunc-
tion with Tim andTom discovered densitiescf 3.5 sing-
ing males per river mile when floating the Upper Cur-
rent River. However, thsre were still distinct stretches
of riv«r where warblers were not present.
Stretches of the Bteven Point River were digitized in
the rnii of 1999 and entered into 2 CIS da&base at the
Missouri Department of Conservation. Information on
warbler distributions were then superimposed upon a
map of !and cover (i.e. the amount and distribution of
cover types such as forest, pasture, urban areas, etc,}
within a 7-ntile distance oa either side of the area of
river in question (Map 18).
We were toM that the maps would be updated some-
time in 2000. An analysis will be run 03 determine the
significance of relationships among landscape variables
(e.g. percent of forest in the landscape, patterns of for-
est fragmentation, etc.) and warbler distributions Re-
sults of the analyses will help us to better understand
what geographic scats we need to consider as we at-
tempt to eonserve this high priority species In MO
CEWAP participants in Missouri taUied 301 ceruleans
at 31 (97%) of 32 sites surveyed (Map 19). The two
most important areas were the Eleven Point River with
137 (45%) birds and the Upper Current River with 114
(38%) birds (Table 11).
Twenty-three (74%) of the 31 sites with Ceruleans
were classified m riparian. Not surprisingly, these ri-
parian sites accounted for 286 (95%) of the tota! nurn*
ber of observations (Figure 18).
Commonly reported tree species at occupied sites
included sycamore, oaks, and maples. Other trees re-
potted tiifi!uded American walnut, ptafts, birches, Ameri-
can elm, and wiiiows (Figure 19). Mature sycamore
forest is clearly the most importsist habitat for Cerulean
W&fhieis along river systems in Missouri,
Map US, The distribution ttfsfaglng mala Centfaetn Warblers along the 83&v&n
Point JZtver, otalimag ike I-kilometer zom where temdG&ver is being mapped.
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.Map jf& Cemlean WarblepoptUafoam m Msso&ri Polygons f^prmmt dusters &f
sitss wferra c&rul&etns werefduttd In close gsagraphtt: proximity These do not nec-
essarily match specific areas listed m ihs cormsp&xdmg state t&ble
are&s/br bfs&dmg Cemleem WetrMers in
Number
of birds Sltel&eatlon
1 37 Eleves Point River
1 14 Upper Carmtit RJw
34 CmtQiB Creek
12 Black River
County ($) Habitat ($)
Oregon Sipanaa
?? Riparian
Crawford Eiparitn
Reyoolds Riparian
Kievatifm (ft)
40S-670
n
640-^0
570
mO Habitats (N=31)
266
MO Tree Species (N=29)
M3-sic ccwfl fo.-est
» /*£ Habitat dm$$satt£>m at sites with Cerulean
r iw fafissmtri. Numbers Qfirtiiiv&foal Centtsan
Warbtsrs r&cx»rd&d in each habitat type ana noted above figttre 19, Predominant tree igieetes mported at occu»
the bars. "N" equals number ofoccupied sites with pieetstt&s in ASssowi. "N" equals number of sites wttk
habitat dais reported by CEWAP parttctpaiits. tr&e species reported by CEWAP participants.
Nebraska
Oaw/Ur psfftjcipstils stirvsyod Isstc s£ tss
Forest in Ssrpy County, where they noted I
Warbler. Tbis site was m a npaiiwi foiest along the Mis-
Now Jersey
1& New Jersey, tbe majority of our data came from
Jofea Betudiiger, wh& conducted CEWAP surveys in
NJ Eadaugra-ed Species aatt Noogaaie Prograra of to
Division of Fish sod Wildlife, and we gmtcftifly ac-
knowkfjge Asmoda Bey for sharing resells of these
csrl i er s:irve ys . Tneir quantitativ e e&scs:mcats do not
s^ttefly follow CEWAP protocols, bat provide a siisUar
picture of habitat USB in this regies. Mtich of the foi-
and from Banzlager's reports to tbe state agency,
!a recent years, the Cerulean Warbler is a commas
breeder alo:if> !he Debware Rjver, which Jividec this
State from Peaasylvaaia (Map 20). From the Ocisware
Q^3 north to Port Jervls, NY, fee Cenilean "V&ifeler is
fcmnd along the riparian eomdQr of the Delaware River.
Ths birds tead to me mature deciduous stands of oaks,
tulip poplar and sycamores as their prime habitat Tbe
deasity of Cerulean Warbler along tine tJdaw&re River
is impressive, with singing males found wit&tn severs!
hundi&d feet of each other
An eEXfisMiofl of tbe Delaware River population has
colcnizcd The Stokes State Forest, High Point State Park,
tbe Flutfersoofc-Ray Wildlife Management Area, and the
Walpack Wildlife ManagetncRt Area, (tenths O:ni!e;m
Waifelere etrve their territories adjaceat to or in the vi-
cinity of lakes such as S«wmUl Lake at Higb Point S&te
Ptrfe and poads created by beaver activity- Despite the
pcesetice of extensive forests, the Cerulean Warbler has
a lower density in these highlands than in Hie Delaware
River corridor.
The Cerulean Warbler also occurs IB isekted spots
in forested dry Hdgetops, ofton associated with a forest
openings, This habitat preference is infrequ^ttly used,
with aectirreBces usuaUy consisting of 2-3 singing males
m close proximity of each otter, but mote scattered torn
each other than habitat used along riparian corridors
Site fidelity is tpestionable slace an occapied site may
be used on* or two years and then go umi&ed in subse-
quent years.
la die Highlwads phystspaphic pR)viKffi of N«w |er-
scy» tfae Cenil««3 Wwblet hss aliiwiys been an uncom-
mon breeder along small rivers and streams and to &
Map 20. Cerulean Warbter populations in Mrw Jersey Polygons mptwtstit clusters
of sties where ceruleans were found at elms g&agra$dtit; proximity. Tfat&e db not
mcessarily match specific areas Itsted at the eorr&sponding state table
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lesser extern on dry tidgetotML Small colonies cMM^os&d
of 2^ stE^kig males were $je moat eommoa OSCOMH-
ier. Some eift® li^e Dufiker Poraa In fiie Newadc WaMtr-
shed aiid flw Rocks way Eiver in tie leisey Cily "Water-
shed held small colonies Sar years dating die 1980s.
Today, the Cenileen Waller is fttt dl^ipeaiing as a
breeder id die Highlands despite plenty of extensive
forests, with pstea sizes up to 6,000 acres, T&& iaeisased
radty residts ia deoarresass limited to sisgl* bia^ at
pairs & isolated areas and far from other kt&mn breed-
ing sites. The Cerulean Waibier QES the greatest CG&-
ceatrafion in lheHifhiaadsoflHaujbtllgM6imt3l»ridgft
of Veraoa aad HaidystoH townships. Occurring ia ry si0?8" ^^ mazgia
Elparian, m^ic slope
RIpltiiEm, river island
RipsMn, gR&sic slopfi
Upland ^fcst
Riparian
Upland foKSt
K OptaMl«»s«
Upland forest
100-500^
1300-1500
200-500
75-100
200-500
??
850
1300
900-1000
1100-1500
tsass, FurtWmore, several occupied areas aiosg the
Delaware fepteseiited forest strips withlij grss.4and er
siiniblnnd habitat* ga^esting thai structure of the forest
canopy was more important thaa extent of habitat
patches in (his region. Virtually oU occupied sites were
iu fores! with canopy height > 15m.
At present, die vtslmajonty of Ceralean Warblers in
NJ are on public kinds, both state tnd federally owned.
Although these areas are under protection &OGJ
Jbr Cerulean Warblers do not exist, and important
habitats (e.g. strips of riparian fosest) are potentially
vulnerable to recreational development. An important
exeepticfi is in the Northern Highlands region, where
most birds occur on private isad In particular, the largest
reffiatei»g popuktiQii oa Hamburg Mountain is e
ttirea&med by development (Miranda).
Figure 20. Habitat classification at sites wth Cerulean
Warblers iw MJH» Jersey. "IN" tefaafs mtmher ofooctt-
pfoetsites with tvihitat 4&ta reported by CEWAPpartic-
ijpemts.
New York
TheAifas of Brewing Birds inNew tf,v-A £/.-«*> (Andrb
and Carrol 1 W8) reported Ccnilear.Warbbrs from 2"(J
(5%) atlas blocks statewide, The bulk of the distribu-
tion was reported from the Lake Ontario Main, with
scattered populations south mto the Finger Lakes, aloag
the Southern Tier, and in the Hudson Valley and High
lands. Asdde sad Carrol, as well as Bufi (1974) dketiss
the separate expansions of Cerulean Wartiers into New
York torn the Great Lakes to the west, and flrom Hew
Jersey and Pennsylvania to the south,
CEWAP participants documented 1,086 Cerulean
Warblers at 246 (86%) of 286 sites surveyed to New
York State (Map 21). Several aiesss proved to be iispo?-
taut; however, %ur stand out because of exception^
numbers of birds. These include: the Moatezams Na-
tional Wildlife Rcftjgc in Wayne, Seneca, asd Cayugs
counties; the Allegheny River-Salamsaca region &
Cattanmgus County; the Galeti Wildlife Management
Ares in Wayne Couaty; dftd the Jtoquois National WM-
iifeRefug^Orchard Oak Wildlife Management Area in
Geeesee {tad Otleaaa counties. Combined, these four
areas account for 626 (58%) of the Cerulean War-
biers counted in the slate (Table 13). Other important
areas included several sites in the Hudson Highlands of
sotttbeasfetft New York find Salmon Creek mar Otryuga
Lafca.
Of 240 sites where habitat data were reported, 184
(77%) were classified &$ bottomland/riparian. These
bottomland/riparian sites accounted i&f 773 (74%) of
the Cerulean Warbfens observed. Forty-she sites were
classified as dty sloijes, accoantiog SJT 222 (21%) ec^
ulea« obser
For 215 sites reporting tree species, the most eom-
fwaly reported trees included maples, oottonwood, and
oaks. Other important free species at occupied sites in-
cluded ash, American bssswood, hickories, American
beedi, black locust, siitd sycamore (Figure 22). In a
breakdown by region of the state, bottomland sites in
the Moateisima and Iroqeois region were dominated by
coaonwood, silver and red raapic, sycamore, and green
ash. Sites in fee Hudson Highlands were primarily white
oak, American beech, sycamore, and ash, whereas sites
slorag fee HtKisaa River were predomisautly oottonwood
and syeanwe. Sites in the Allcgany region were domi-
nated by white oak, red oak, chestnut oak, sugar maple,
black cheery, $nd white ask Cerulean habitat along
Salmon Creek in Tompkras County consisted of s di-
verse forest with sycamores, cottonwool, sad blaelc lo-
caat in the §oodplaifi sad red oalc^basswood, and maples
on the suimnndiag slopes.
Most of the Cerulean Wsrblers fes New York occur
OH publicly owned lauds, wt& the taargest pcpufetioas
on National Wildlife Keftiges, State Pstrks, and State
Wildlife Manageiner.t Areas. An im;x)rl;-uit exception is
the Salmon Creek popiibtion, which exists entirety on
private lands. Following initial CEWA? surveys; how-
ever, the local Finger Lakes Land Trust became inter-
ested in Ais site and has subsequently acquired several
sections of prime Cerulean habitat from willing setto
The National Audubon Society of New York contrib-
uted to the conservation of this site by designating it an
Important Bird Area and providiiig support ta the Land
Trust. Nearly every si» with breedisg Cerulean War-
f»»/Wgffl 34)
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Map 21 Cerulean flbrbler populations In New York Polygons represent clusters
of sites where ceruleans vmrejfamd m close geographic proximity. These do not
necessarily match sp&clfte awas listed in Ihs corrospcm&ng stats table.
Wets in KciYort«;j!c has l)«i]<1nilenii.s,t'iUicG«len
WildlifeMiiiiageiiicntArca.RstilcowiKdlrectofsirni-
ls,-habi!«talonetlieaydeRiver,Ar.cwtest
Rockland
Riparian, rfiesie slope .
Dry slope
2%%»anaa, swarap forest
Biy slope, bottomland
Ripaiian, river island
Livingston
Onnge 7t *
Orleans R^jarian, swamp forest
Quandaga, Madison Ripari»ji. swamp forest
n
1350-2200
SO
r>
1400-2000
650
300-1000
10
r?
t?
395
385
NY Habitats (N=240)
NY Tree Species (N=215)
Map 12. Cerulean Warbler pepttlallem at Montnama tfatloiat WUMIfe Reftige.
rifjartoi
Pfaare 21. rfa&itta ete&si/faatitft® at sites with Certtfsmi
WarbltrsinNmt'YorlNtlmbersofindividual Cerulean
Warblersmc&rMl in each habitat type tire noted tfa&ve Figure 22. Pmdtimfa&nt itve species reported at acctt-
the tars, "tt" equtils mmber of ocaipUd sites trill! plfdnllfs In Mew fork, "ft" equal* mmber afsttes with
habitat data reportedliyCSnFparticifaiti, trm species opened by CBWAP participants.
34
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Obsemttetss of singing t>W$ at MosSezaatt NWR
(N * 235) showed heavy asa of red andsilvez maples
(44%), cottotnsoo* (28%), and ah (16%) (Figure 23).
Conceitteatianj of Cerulean Warblers were all within
contiguous Modes of oalustrine finest dominated by
taaples and cottoirwoods (saeisn ia magenta within the
acquisition area on Map 4). Thae forests exi«t (Kfaarflty
along canals and natural channels of the Clyde asd
Seneca rivets and ate often iracwsrible except (9 boat
Areas with many Ceruleans often consisted of onususiry
large trees, jscladlng emergent cottowoodsaisl swamp
white Oil® niching 30 to 40 in ic height. Some of these
trees undoubtedly date bade to the period of barge canal
constructional fee early iSOOs-AYeragsestimawdheigbt
of trees with singing Ceraleans was 28.3 m (N ^ 145
trees). Some areas wife Caraleans were in younger
forests (especially red maple swamps), but these tended
to bo adjacent to stem with taller trees. Additional tracts
of seemingly suitable habitat, mott notably in the
Carusoe Lake mt, were wmyeA tat tarorf «p few or
Tree Species Use
(Mo.-ltazuma NWR, NY—N=235)
&/er? &t f/fe Marttemtfia wvtlands coirgtlex, c&n&al NT.
North Carolina
LeGtsad (1979) todicjaM that eerulesm an "atf
and "local suiaraef residents" at lower etevatioas in
motmtains a&d aiot^g the EosBOke Biver m the coastal
plain.
CEWAP nmeys yteSded K» biids it 39 (93%) of 42
srte${M*p23) By te,tfee most important site was aloag
tbfi Blue Ridge Failcway ta B%at£Qt^be County, where
60 (55%) Cerateins were noted (Table 14) Additional
ters of sites where centletxns vf&e found in dose geographic praxmuty. These do
not necessarily match sp&xfie amas fated in tfts convsponding state fable.
bird's were iocs!cdEtoti:er points tlong fa Blue Ridge
Parkway, m tin Qwcah Rnger District of Nttt»W»k
NatiooM Forest, and on White Oak and Warrior Mow-
tatos inPolltOiBiay. (Wy 3 birds weasioettedtoGrMt
Smoky Mounwins National Pork. Finally, recent sur-
veys (long the Roenoke River revealed 7 Cerulean
WsrHors. *' '
Of27 sites rcportrngrahiut data, 13(50%) were clas-
sifiiid is dry slope, wtriJe 9 (33%) were ia riparian ar-
ess. Of the 75 Ceratemj ttpuM ftonl (ho* 27 lite',
53(71%)weteiiidrys!opehabitata,sud 11 birds each
were in riparian and cove forest babiats (Pigttre 24).
Upl^id sites tfoog the Blue Bidge were dominated
itad taHp tree, whereas dparlaa tbresta <^iere Ceruleans
occur along the Eoanoke River were dominated by
•yotmore, eottonwood, tnd green ssji (Figure 25).
Table 14. Im^rtattaiSls far brffdir.gCertileariWarblars in Norsk Carolina -' -
Naattr t
jf«**:.: SiteloJilitui-
m BlneRMgeftKfawjr,
PisgallNalinnal Forest
10 Cheoah Ranger District,
Nantahilah National Forest
10 White Ottcmd Warrior Mountains
7 Roanoke River
4 Flat River Bin®
3 Blue Ri%e Parkway
3 Nairahalah Lake, NimtalaM
National Forett
3 Great Smoky Mountains '
National Park
2 Stecoah Gap, Nantahola NF
2 Chunlcy Oa! Mountain
2 DoH^Hon, 0,S. 21
1 Chimney Reclt Park
-£SS&£>
Buaeombe
Oraham
Polk
Halifax, Northam[iton
purham
Ashc
Macon
Swain, Haywood
Oraham
Clay
VOut
Ruthorford
Habitat (s)
Diyslor)*,
moiil cove forest
_e^^m__
S100-3700
Dry slope, rsoiM cove forest ??
n
Riparian
Riparian
Cova forest
n
VI
Dry Bispe
ft
n
n
2000-2400
50
500
3200
17
11
31S5
3400-3800
57
n
NO Habitats (N-27)
NCTV«B Species (NaZT)
Drystepe ftlpwlan «*jtetcov»tore«
Fijurt- 24. Habitat cla&yiattlant at sites »»* Csrvlaa
Warblers in North Camiina Numbers of individual
Warblers in Narth Camiina Numbers of individual
Cerulean fKirtiltn ncartkd In each habitat type am Flgiirt is. ftKlimlnant »w jpeote nfrortedot oceu-
natKl nbmv the bm. "N" *t/ttals mntber ofocotptetl pied sitai* North Carolina. "tf"tguab number ttf sites
n wllt tree teciel reorted b CBWAP arttctisatt.
natKl nbmv the bm. "N" *t/ttals mntber ofocotptetl pied sitai* North Carolina. "tf"tguab number tt sit
site* with ImUtut (4itor^»ort(trf*v CeWAFfxmieiponu. wltlt tree tpeciel reported by CBWAP parttctfisatt.
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Ohio
Jtenel (2000) rsjxwa the Mowing breeding ted
«tb< informattoa for OMo. 'Teterjohn and Rice (1991)
relate fee oeCBrreace ami aboadaaee of cerulean war-
blers m Ohio to the occurrence and abundance of hard-
weed fcress The birds occurred on 51% of priority
Mocks statewide They were vay fiwjaest m physi-
ographic aro of tto«!aje with teWvery tags amotajs
offore«,eg 67-89*4 o
oftheAUefh«tryPIa
-------
Map 25. Cerulean Warbler j)e>pulatiAm in P^fmsyfvanla. P&lygomr&pmsent&lm-
t&s of sites where csmlearts were found in cfoaw geographic prvxtmHy These afo
mi necessarily match specific areas listed m the corresponding state ta$&
Number
ofbinh Sin Iticalicn
41
40
37
K
29
23
22
20
20
19
18
17
IS
14
11
11
10
10
10
JiaBiitta Biw aad vicinity
Delaware River Valley
MoraiM SMe 2>&k
Jennings BnvirtMimentai Cettor
Feter's Mountain and State Game Lands
Brady's Sun County Pa*
Pwbe's Sate Forest and vicinity
Dul£1*a$c and Boyee Paric
Ten Mile Ci«ek and vidnity
SewioMey Heights Pa*
Ryetson Station State ?sfk asd vicldi^r
Michatst State Forest
Crooked Ondc lake Fide, CoAran1* Mffls
Delaware State Forest areas
Lower SusEjuehaana River
Harrison Hills Park
Ohispyle State Park and vLdaity
Kinzuit Bay, Allegheny Reseivok
Perry, Dunkard Townsfeifs
County®
Husttagton,Sltir
Pike, Monroe
Butler
Batter
Dnuphin
Beaver
Fayette
Westmorelaod
MB Greene
Aikgheny
WOteene
Adums,
Cumberlarid '
Aixnstrong
Piise, Monroe
York
ABegheny
Fayette
Wsrrcn, McKear.
SE Greene
Hati!M(s)
l^mactet
Rlparlaa, iiplasd
Dry ilope, lak-e maigia
Dry slope
Dry slops, take margin
Drystope
Drys^pe
&y slope, riparian
Riparian, dty slope
n
mpaiias, uplarjd
Drysloise
Dry slope, ripadsn
Dry slope
Riparian
Dry slope
Dry slope, mesic slope
Dry slope
Riparian
Blmotian fji)
740-830
335-WO
1200-1SSO
1120
700-1320
1000
1SOO-2700
940-13W
KO-1000
900
1000-1200
1475
840
1800-2000
22S-325
??
1950-2135
500
1000-1100
The most commonly resetted Sree species at 172 oo
etipied sites included oaks, mspSes, and sycamore (Fig-
ore 29), Riparian sites Uuoughout the state wen! dotni-
nated by sycsmorcs, with black chKry.biackloCTisl.nilip
tree, wbitc esli, and maples frequently reported. Dry
PA Habttats (Nt7B>
upland sites seperted wfette cafe* red oak, biftdk cherry,
and maples as tlw most frequent trees, whereas various
combinations of maples, oaks, tulip tree, and cherry f*-
doraimttd at fiwtic upland sites.
PA Tree Species (N=172)
/%«**<* 25. Habitat claxsificatiaKS at sites
Warblers in Ptsnmyivtwia. Numbers afitwliviettial Cer»
H/KJM Warblers «fe0«fe»# in each habitat type are noted Figure 29, Prwfo&iimat &ee species reported at o&ru-
abovs the bars. "JV" eept&ls mimbsr of &catpied stiffs pt#dsites f» jP&tm$?h>an!a, ''N" equals number fif sites
with habitat e&tta wpertedb)! C£WAP'participate* wttti free species mparfeet by CEWAP parficiptmts,
Rhode Island
No birds observed.
South Dakota
CEWAP participants observed 3 ccniiema at two lo-
cations in South Dakota, Two bwds were mated at New-
ton Hills State Pask in Xincolfl County aftd I bkd was
observed at Wiiabay National Wildiifc Efi&ge in Day
County. The Newton Hills J'ark birds w<^e
canopy ripanao barest domiuated by cottonwool, silver
maple, ekn, and ash, whereas the Wnsbay NWR bird
was in swamp teest of osJks, basswood, ami elm.
Tennessee
Tt« Xffiw &/Btve<&ng8ittfs afJkttnessee (Nichofscn
1997) Dotted Ora!ft«» Warfeksts fiwm 14% of *^3iiof"
ity atlias felons" stt^swi^te. WNsh of ow daw from Ten-
nessee wag provided lay M«Uada Welt&n of the Hata«s
Coaaerv&ncy who cootdifiated Jntcnsi¥e sarveys of sev-
eral portions of the state, CEWA1'surveys yielded 1,210
hirdiaMS5 sites (Map 26).
By fer tia m^t important «sgion in tfes sitate fbr
Cearuleam is tbe Cambw-laad Mountains of Campbell,
Scott, aad Motgwi Counties, northwest of Knoxville.
In fiaitietiiar, the Royei Blae Wildlife Management Area
(42,000 ac) supports at least 430 birds and Frozen Head
State Park (8,000 ac) and vicinity supports at feast 142
tmtfs (Tkble 17); these mpwssenl the only two areas of
publicly owned lands withis this large moyntamotis
region, Uiububtedly, rnaay more Cemleaiss occur oa
private lands sot surveyed. Birds tn this aiwa wet* found
in messic tipiaud forest dominated by oxks, i
and tulip popi&r, mostly between 2,000 ft. and 3,000 ft,.
elevations.
Another very important area is the Center Hill Lake
region of DeKftlb and Putnam Counties in ccntfai
Tesflessee. Ifl this area, most CratiJeaiEi were fonodatoog
the moj^^r^&edaorthem shore and sujtoaading Mils,
;m: hid ing Edgar Eviiiii State Park, Floating Mill, and
Mine Lick Creek- Astgmfkarit bat unknown propordoa
of thesM bbtb were CKI public recreation area land owned
by the AJtssy Cops of Engineers. In summer 2000, an
additional 34 birds wese located on the escaipsient
iEUrdier north in I^itnam County. Thc^ iatter individuals
were in relatively young forest, where tatter tulip poplars
formed an uneven emergent canopy (Weltoe, pers.
comm.).
{Continued &n page 42)
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Map 26. Centlmn Warbler populations in Tmnoss&z Poiyg&m mpre?$nt clusters
of sites whsre eentlaam ware fotmd m dose g&ograpkic proximity These do not
n&c&ss&rify match spti&ifis at&as listed In the aorresponelmg state table
•j;^f£^
Number
igHrib Stefec«ft»a
430
142
238
75
54
32
28
25
15
12
11
Royal Bine "Wildlife Management Area
and vicinity
Frozen Bead State Park and vicinity
Center Hill Lake, Edgar Evins State Park
and vicinity
CMefcasaw National Wildlife Refcge
Meeman-SheJby Forest State Park,
Mississippi Delta
Cheaihsm Wildlife Management Area
Hatches "Bsce Parkway, National Park
Mil Creek Ed.
Reclfcot National Wildlife Refuge
BsarKnob
Westvaco Tkaberlands
CcuMy(s)
Campbell, Scott
Metfaa, Scott
BeKalb, Putnam
I.a-aderdjile
Shelby
Cheatons
WBBamsoB
Putnam
Hayward, Obloa
Overtoa
Stewart
^UaO>iia(i$
Mesio slope
Meslc slope
Mcsio slope, dry slope
R^jarian, swamp ibrest
Upknd, bottoniknd
Dry slope, mesic slops
Dry slope, fflesie slope
Dry slope
Bottoml&nd .
Dry slope
Dry slope, mesk slope
Elevation (ft)
2000
2100-3200
800-900
240-250
240-JOO
500-725
8S5-900
1100-1350
290
1360
475-«00
A tod irflfsaHant region of the state tbr Cerulean
WBbfats is ataig &e KC»is»i|ip Rfcer, «teo riatively
luge nunbere were found at Chickas«w Nition al Wild-
lift Refuge (75 birds) and Meemsn-Shelby 1-oreat Staic
Park north of MempMs (54 birds). Birds «t Chickasaw
NWR occupied bottomliiKllmtiiwocxl forest domimtcd
by coltonwoods. Additional individials were found on
biuffs a!onE the Mississippi Rivn at Fort Pillow State
Rrtc,
Overall in Tennessee, nearly 400 of the «7sitra with
reported habitat conditicns were classified ESmesic steps
(Figure 30), TbeM 400 sites stcotmted ftr «5% of C«-
Predominant tree species reported at occu-
the bars. "H" equals number af acatfU lilet with pizd sites in Tnrnaitr "fT'tquahmmbercfriteswith
habitat data exported tyCBIWparttcfraats. tree species npeirtedl»> CEWAP f&ttctpatts.
Virginia
The Virginia Breeding Bird Atlas Project recorded
Cerulean Warbkes on §S blocks pfim&rify in the west-
em and northern mountains, and Shenando&h 'valley.
CEWAP participants documented 152 birds on £4
(61%) of 106 sites visited (Map 27). Amajority of birds
found were clustered in tisree portions of the Blue Ridge
—the Focosin Cabin area of Shenandoah Ha^onal Fade
w«h 30 Cemlews, the Reeds G^i-Humplnck Moan-
tain area with 27 birds, and the north section of
Shenmdoaii national Park and Appalachian Trail north
of O.S. Highway 522 with a total ofW Cerulewu de-
tected (Table IS). An additional 20 Oraleane are esti-
mated to occur on ft* Clinch ftanger District of Jetoson
Nstiorol Forest to extreme western Virginia. Usdoubt"
edly many more Cerulean Warblers occur in unsurveyed
portions of the Northern Cumberland Plateau and on
the Ridges west of Shemndoah Valley,
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For 60 sfrtes wife reported habitat eosdlteis* 41 (68%)
wwe classified as mesie cove forest and 18 (30%) dry
slope. Meste cows foeests itajsported 67 (46%) Cenileaos
while dry dope forests supported 78 (53%) (Figure 32)
Tfee oaiy birds found away from tlie monatala ftdgss
were two individuals at Rivestetd Park on tbe Potomac
River, la cottoawood-siiver
Foi 61 sites wbar» tee species data wer© reported,
the most commonly recorded species were oaks (mostly
aoifbem red oak, chestnut oak and white o&k), maples
(mostly ted maple), and bikskon^ (^bagl^ric asd motio-
tain hickory), with tolip tree, white asfa, am! blat^c lo-
cust also frequently reported (Figure 33)
^ VA Habftats (N^60)
SO*}
VATrec Species (N-61)
fa&H Warbttirpopulations in ^Irgtnia. Potygatts rep&sseM Gtastem of
sUes where &^let^ wwejownd in close g^gf^Mc pw^mity These ab not nec-
essarlfy match specific areas listed in the corresponding state (able
Number
Of&lrds Site l&ctttign Comity ($)
30
»
27
20
15
10
7
2
Shenesdoah National ^rk— ~
Pocosin CablaAte*
AppalwWan TnB, N. of US fflghway 522
Blue Ridge Pafkway— Reeds Gap,
Clinch R«lg« District,
Jefferson Nationri Forest
Sheaendoah National Park- —
north section
Doe Creek »te«— ta, 613
Bke Eidge Parkway,
Flat Top Mountain (Jefferson HP)
Riverbefld Park
Greene
Warren
Augssta, Nelsoti
Lee, Scott, Wise
Warren,
Rappah&Kioek
GUes
Bedford
Fairfax
HabUal(s)
Dry Mope
Mesic cove forest
Dry slope
Dry siope, cov0 forest
Dry slope, cove forest
Bry slope
Mesic cove forest
Riparian
Eltvation (Jl)
2700-3200
1200-2000
2J32-J600
2420-3370
1950-2100
3100-3400
2610-2700
160
figure 3Z Habitat classifications at sites wifk Cemfew
Warblers in Virginia. Numbers of individual C&v'.can
Warblers recorded in each h&bit&tt type are noted afayve Figurf 3J. PredGmtftant tree species reported of &ccu~
the bars. "AT" equals number of occttpt&el sites w&& p£ed $$t«$ in Virginia. "N" eqtt&ls mmb&r &fsites with
habitat data reportedly CEWAPpe&fictptmts tree specie; reported hy €$WAP partfalpmts.
Vermont
Tfee Atlas qfBr&xfiitg Birds o/"$fem#s/{E!IisoflI98S) previously \^cttot site near 8se Quebec border had a si«g-
repoitad Cffifii&Kti«s iVofn onty two atlss blocks statewide, teg Osttfeaii V^Sfbler, and a third location was obtained
CEWAP participants observed only 1 individual oa via Dim Rimmer thrmigb fee Vermont bMisg !is«§erv«.
1 of 3 sites visited in !99? and 1998. Use bifti was ob- All known aifeM! is the state we along the east shore of
served along the Lamoille River ftw the iowa of Miitos lake Chainplaifl (Map 28),
in ChitMtiden County. In samissf 2000, howevet; tbe
Map 28. Cerutee&t Ww bier populations m Vermont Polygons represent clusters of
sifes where centteans werejburtd In close $£&gr£tphic pr&xlmlty.
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Wisconsin
Hamel 2000 reports the Sallowing regaling the Wis-
coasia Breeding Btrd Atlas ""BcBedmg Cerulean War-
blers recorded as confirmed, probable, or possible i&
3.8% of 3,084 blocks (5 km x 5 km «•&) surveyed
throughout the state, wife moat birds fcoiag firnnd In the
southern half of Ube state is upland hardwood oak-
hickory or maple4xieeh-birch forests (lerattfisr Davis,
15 March ,£000, pers comm to Stephen Lewis),"
CEWAF surveys wre eoaceatrated m ibe southern oae»
third of the state, however, Ceruleans were also noted
in the wesMssairal and aortkeast portions of the state.
CHWAJP participants ialhed 174 Cenrfeans at 59
(98%) of 60 saes surveyed (Map 29} Three sites sup-
ported more than 20 bads each—
-------
tem of$tie$ wfagtv emtlems wemfowsdtn class geo&vpMe pwximlty. These ds
mt meezMPtly match qpecjfto arvw listed In the com&apotid&tg state table.
Tbsptitnsay Kee^)^desaoifidda221 oec^plsd sitss
^Uttawide were oakg, maples, Mc^ie$« aj£^ t*l% tceer
(Rgtw 37). forests wSft Cemleaa Itebles we» «-
tremely divcise. At tlpatiaiisiJes, spttiaw§ •$« donfi-
naiit, widi ^Qttom^oods, tt>Mte oa^ md <»ik» various
maples, boxelder, £Mip tme( attd t*lac& locost also So»
qusnlly reported. Dry slopes and ridgetops wets domi-
nated by wMte !^ut bickedes, and red
d slopes aad OOVB Crests were
doffiisatsdl^wMte osfe, fed oak, sugar aa|rfa, taMp tree;
with A^i?eiic^mts9Sdi, feosswood, ami bladt cfe^ty also
In V/esl Virginia, our field mtenls also coileclcd
detaHed da& on irce-^seotes me by Ibrafirag or $«^Jag
Carolao ^SiWera to 1997. Ob»»«Iiom of fcragiag
Otd suigiiig biids at upland sites (N * 150} indicated
frequent use (10-17%) of chestnut oak, red oalt, maples,
black oak, and 11 after tree species
-------
VW Habitats (N=249)
V/VTrce Speeds (N=221)
DISCUSSION AND CONCLUSIONS
Waitltn in Wat fagtnto. fftmAtrt o/faAAfeaf Ctf-
altanKirbltnramieiilitadilmUatQifxammited ffemST.Pfedimlmattrmspectampartmlatoeai-
ei-idndPbteau, where
aa average of 2 to 3 Cerulean Waifelets ate detected
annually on every BBS route in the last decade. In West
Virginia alone, the total population is ftlfrtost ceftainly
in ^e lO.QOOSi and rmy be close to 106,00© pairs. In
physiographic areas near the peripheiy of the Cendean's
raugc; however the nun^ber of birds iwmd is not greally
different fioift that'esHmtted using BBS » for example,
Southern New Etigtand, Low«f Great Lateas Plain.
Our atlas is theFe&sw moet v
-------
fpopul&thns sl^eestimatmfor ^artnm-s In Flight pkys-
i&graphie err®a$r tesc? $n ttxtrapotations from BBS relative et&tmd£ttie& Range of
estimates basset on twmt]tit&me/$^tive area c&vereet by sash B$Srottte be~
tw&m O fon* 0&12.5 kof.
Physiographic Area Name
South Atlantic Coastal Plata
Bat Golf Coastal Hita
Soufeem Hew B&gi^
Mid-Atlantic Piedmont
Mid Atlantic Rjd6c and Vaiky
Soiiftsm RHgc and Valley
Mtedor Low Plateaus
Lower Great Lakes Plain
Upper Gnat UK) Plata
Northern Ridge and Valley
St Lswtenee PJais
Ozi:rk-C>richita Plateau
Boreal Hardwood Ifraasitloa
Horthem Cumberland Plateau
Ohio Hills
Southern Hue Ridge
Allegheny Plateau
Prairie Peaatasula
Owge Plates
•Wist Gaff Coastal Plata
Mid Atlantic Coastal Plain
AKait BBS Population Kens*! (pairs)
3
4
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
31
33
42
44
40-100
336-840
90-225
soo-woo
2,550-6,400
95-240
7,300-18^00
, ' 210-530
386-950
2^JOtt-5500
150-400
1,950-4,900
1,850-A«»
22,700-57,200
37,«»-M,700
1^50-3,100
4,450-lUOO
750-1,900
85-410
110-275
25-45
Habitat and Area Rcqirements
Primary habitat for this species is most often
described as mature decidfcoas forest, Iy|si0ed by
straeftirally mature hardwood species IB raesk or
JloO'Jplain conditions with a closed or semi-open canopy.
Habitat descriptions la the literature often have
emphasized moist woodlands In both tspland and
bottomland forest (e.g. Schorger 1921, DeJotig 1975)
in ((ifferent regions. Hamel (2QOO) sirmmarizcs the broad
range of habitat de^ciipUOES that exist for this species,
£0»dttd!sg tfoat Ceroleaa Warfcteis may f»e somewhat
opportunistic is &s$k!fig t&e most mature forest
conditions available in each region. Dominant tree
species and undcrstory species described in the li torture
also Jeud to vary by region; tee size is tiiought to tse
primary asd trad species of secondary importance
im New Bo^aad and the upfiBr Midwest AKioiigh isiaay
of these slopes and ridges are Ja relatively close pfox^
imity to major river valleys, suggesting Uiar populations
sot Always t&«tjase. For exumisle, dry tidies seem to be
fibe pftoary Ijabitat of Ibis species ift iaaay peats of the
Sto Sidgs of Vbgfofii ascl Hoith Camfiaa. T%e Rio^:
importaot feature of IM^ babitet ^pe, perhaps, is the
presence of aaatee osfc-hlckory ferc^t, with whit© oak^
ml oak, black oak, starlet oak, and chestnut oak 3t-
Habitat data from CEWAP coafirm Hie wide range
of habitat types used by Cerulean Waifelea ihKmgb0&t
tbfiir tang*. Large pepalatioas occur in both li^arian
battoffijtead forests afid m a variety of upland situations,
Perhaps uncle^ajjpreseiated In past $c$on{$t8 is tbe im-
portance of dry slope and ridgetop habitats to Cemtcan
Warbleis, not only in the Appalachian ridges, but also
TifOB^ssut tE£$£ti of the SoBfbeast and northwards
through the Appalachitxiis, a very important hibita', for
Ceitileaii 1ft%£M$f& conttou^ to fee me^c upland fet^at,
iBoladajg mixed nj^n^iy^t? of rawe fis^st CBWAP
coafcaed tfee large popuktioBS ^tot occur wkmavar
large tracts of this habltatesist, and also the groat dlvdr"
sity of trte species present EttWse sites. TuiipU'ecap-
pmm to be a cogpfiftoii IsdleatOf of Csmleaft habitat in
many of these areas, to E«Mitios to tbs variety of oak
wnerways. Only a f«w f octets of
ii the Mississippi Rivet Valley pfO|>er,
but 3 raunber of Uibutorics support the bulk Of the spe-
cies in the Midwesi Region. Other important riparian
s&ea& iiiciiidet&e Detowar« River Valley, Rflanofee Riv*r
in Virginia, middlitfudsor, River, and forested wct!ands
of the Lake Ontario Plaift iit New Yoifc.AcoKiiBoit ffea-
fiu-e of ihcse ntanaii forests, nearly throughout the range,
is the presence of mafea-e stands of sycamores,
Haraei (2000), as weH as othsr authors, ha vosti-uggjetl
to find st common denomiBatof aisong di« vatied de-
species tise. A tall, totoiK»ir canopy swftaas to be fe
most frequently meiatioiKsi feature, along with !arge area
requirements. Indeed, a shared f«ttsf6 of the three v«ry
different habitat types used by a majority of €&&&&&
Warfeiefs ifiay be SMS inegnlar canopy staietaBe, On dry
ridges, tall oaks fottn a liftear "iatfcmal edge," wbere
wsrbler territories may look on! over the sunoundiny
eaaopy. This same linear canopy edge is $ promised
fe-atare of mature ripaiian forests, especially where tall
sycamores form an emergent ia>er above the Other trees.
On slopes with a diverse mixed i&esophyti? ibrest, the
(Mfeaasee of troes with a variety of canopy stniciEures is
probably key to provi ding the same soft ofcanopy-edge
effect dfistred fcff Ceonliwm Watblers. Meltoda WeJton's
observation of C^raleatm infeabitlftg seeoHidsfy forest
patches in T^nnes^MSi where twKp tees fiwm a broken
emergent canopy, sif gesls fest th^ we tMy be aa im-
portant stttM^ifal fe^edient in otherwise clos<5d-cwEioipy
oak forests.
Landscape situation ftnd context has a strong feeaiiag
on whether oOicrwifiC s.ii;7-bie feNsedfetg hsfcitat wll! ac^
tuaUy eoataifi wallers (Haiael 19^), Ceralean IMif-
blets are tfeos^ht to prefer large, contiguous tracts of
fx>rtion of birds in these iirge patches varied SOTongfho
segioas. Ill (he Southeast, nearly all birds femtnl wojrif in
fo:tsk £ 1,003 d£rest suggesting strong area sens!' iv^',
^ttieas in the Korthe^t, a substantial proportion of
populations wane is much smaller forests, Fiathcr de-
^ifig the coaveetioaal wMom oa Cera!«aa Warfeters,
& growing body of rese&rdi in eastern Ontario s%gest«
that birds tlierc thrive Is patches of secondary maple
festsst as small M 25 acres (Jason loses, peis. comm).
Peeas^e qi^tatilitive studies of ataa rexjuiremeats in
Ceraleaa %jutSe? come prfntsiiSy frota die MM-Aflan-
tic and southeMtem states (Tlobbins ct si, 19X9, Hamel
I992X f&nge&id* «staaptions of extreme area ssisi-
tivify may be exAggerated,
Monitoring and Research Needs
TTas Adas of C&m!«aa WsrHitf Fopulatiom tasty fee
a first step Is Menti^lrig fins key sites and
to protect this species into lite future,
For s S!iccc3sf;i! conservation strategy that er.aures the
of healthy breeding Ofulean Warbler
s thfoiighout the species11 range, we
tbe foUowing tfiofikoiitig and research
RobbfaSdtal. 1992), Miffld (2000)««« B»geogn*hto
vwiatan and inconsBteicy of ptiblishrf «ftre»*s to
atea seosHivity, h*i'W«^et. ^Of example, tM9 specks
scam (o fa&t taig* waodad t«cts of at least 50-75
mm, and typtolly tvaids IsoKttaS woodlats te® flaa
20-25 a<» to rt» to Cftto (Pelajoto «n4 Ric« 1891).
In cth;rarei5, stands greater tlian 526 b2( 1,300 ceres)
m «MKfere4 op«m«l S» Cerataan Wabteit (Evaa»
andFiK*i!rl«97).
mates of haMat-patBh sizes oseapied by Cwutean Wir-
bl«rs, 4o suggest geogsaphk -variation in degree of atea
seBsitivity. Whsrea a !at|e numtar of Individuals oo-
cticred ia extensive forest tracts in all regions, the pro-
R^Ksatssirveya of the 73 piitaary and secondary sites
idffiRMeid fet l^ibie 1 and 2, perhaps every five years,
lo tmnltor heatlA of known, Importajit populatioits.
Quantitative studies of reproductive success and
peculation tamover w apiand vs. bottomksd Mbi-
tats, s|XK!lfic to each region.
Quantitative swdies of regional atea senskivity, per-
hsps asrng 6IS aniUyses of bataitat patches identified
ia CEWAP.
Hshltat suitabitlry modeling to determine new and
potential popafettoii sites, ^peehlty in areas where
OSWA? was fc^s effective.
• Quantitative s^lias af response to manageaieat op-
tions, ssch as canopy ^tinnir^, selective logging, or
wtMemess protection.
s, saeh ss fmm momntaintop removal min*
ing, residential development, or lo^ng.
• D«t«rmase pattern of land-ownersliips at impomuni
areas ia esch regton: devise alternative strategies for
eoBssfvatiaft asd management on pabVic, vs indus-
trial, vs private funds.
Away fitsoi tlie Appalashian Motiasaiss, a majoiify
of Ccruican Warbler pcpulatiojis seem to occur in ms-
tace riparian or other bottomtsad forests along large or
MTM/VF Draft PE1S Public Comment Compendium
A-776
Section A - Organizations
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ACKNOWLEDGMENTS
The following iadMdBab provided support and advice over and
above apt* CBTOWpaHle^Kitten or provided » wtt unpabiiiBed
LITERATURE CITED
Sflbemoa (Cornell IA. of Ornithology), dm* Hiuae (OSFWS
Region 4), Baa. Btwotog (?A Game ComaiijstoaX BavU Bnehler
(UijiveotJy offcanesie*). On* Jones (WV Department of Natural
lte«»H!es},PfcaeP«, and J. R. Cajtol). 1988. I*e rofite:
wralean wurbfer (BwAofca (tntlea) oa tnilita»y
installations in the somheasrem United Slaws Tedv
raeal Report SERBM7-U, O.S. Aimy Eagi»««
Waterways Experiment Station, Viebbarg, MS.
Poos, C. R. 1994. >«rf«f ^fttmAtg »»*ia Afew ff«p-
*Af*6. Audttben Society of Kew Hat^jshtre, COH-
Hatual, M»., FJ. Dtoitf , Jr., O. HaBB)em«, and D.W.
Mefaluum (edi.) 1999. Ccmlean Wartjlet (Dcndm-
tea certtlea). Wisgs !alb Resetireea / Species Itiibr-
mation and Ma^agememt Abstracts. Tbe Nature
Coraervaaey. Available otdlns: hMf)^/w
Hftrael, F. B. 2000. Status Assessment: Ceraleas War-
bler, looted for U.S, Fish and Wildlife Service;
A|»ii,2@0e.
la^Kjflf, T. A. 1962. Alabama &!«&. University of Ala-
bama Press, Ttooaloosa, AL.
Jacobs, B. an;] ID. Wilson. 1997. Missouri biccdm2 hire)
atlas 198^1992. Natuial HiMoo' Series, No. 6, Mis-
soariDepaSm«ait ofCossemiikia, JtefftecKiCity.MO.
lUfel, R. B., T, S. Basfc»&» I. A. Bllb, atsd J. N. Bur-
mtigtis. 19S5. OiasftctersWcs of stimmot habitats
of selected nongame birds in Mtssotai. Unlvedst^
ofMlssoofi-^Coltjffibla College ^fAgncutasce, Ag-
ricultaral Experiment Station, Research Bnlietm
LeOrand, M, E,, }r. 1979. Cerulean Wtabler colony in
Graham Cotmty, N.C Chat 43:20.
Lynod.J.M. IMI.StaWsofthecemteanwarblertathe
Roanoke River Sa$in of North Carolina. Chat
4S(2}:29-35.
Nicholson, C. P., ed. Tenttessee $*w*#Hg Bird Atlas.
Univeni^ of Tetm«a« Press, Knoxviite, TN.
Palmer-Bali, B. L., Jr. 1996. The KmOKly breeding klni
atlm. The Ofliversity Pfess of Keatucio?, Louisville,
KY.
PotBrjohn,B.<3,,atldD.ltaic«. 1991. 7»eOA/o*««rf-
ittg btretalteK, lite Ohio Desarttnenl of Katurai RB-
sources, ColBmbus, QH.
Petenoa, i. A. 1995. J*« South Palaiii breeding btnt
atlas. South Dakota Omithologi-it.?' Union.
Robotes, C8. md R A.T, Btom. 1996. Atla of treat-
ing Wwfe ifUayland mJ tltt District i/Colum-
Ua. UB!v. of Pittsburgh Preis. 479pp.
Robbins,C.S., I.W. FiBpatriok, andPJB. Hamel. 1992.
. 1981 . A Merafch«i approach to avian com-
monity straetuM. ph.D. Mss. Ctaman l)(iiv«aity,
South Carolina.
Hamd, P3, 1992. Ccral«ati Warbler, Bertcfalca cer-
«/<». Page* 385-400 in KJ. Sdnwider and 0.M.
Pen«, editors- Migratory natgamt Wnft t>f man-
agement concern fa the Northeast. U.S. Fish and
Wildlife Service, N«wton Comer, MasMctes«I«.
400 pp
54
562 it J.M JIagan m and D.W, JWfflStw, editea.
Ecology ami caisavatiai ef metmplnal migrant
'.anitbink. attitlMotiian ImUtution Press, Washiog-
RotMbMI, K. V., and J. V. Wells. 1995, Final Report:
importance of geographic areas to Neotropical mi-
grants in the Northeast Prepared for tJ.S. Fish and
WU4U& SewiM, Region 5; July 1995.
Rosenberg, K. V »nd i. V. Wett». 2000. Global perspec-
tives on Neotropical migrant conservation in the
Northeast: Long-term responsibility vs. immediate
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and L. Nitos (Eds.) Siraugias Jbr terf eomerw-
tion- ThejPartmm InFftjtfltpIaffiitngpmcess. Cor-
nell Lab of Qmi&olegy.
SchoijHi A. W. V927. Notes on tie distribution of «cme
W5seonstobiEls.Aak 44235-240-
Velt, R. It, ted W. R. ntoMB. 1993. Sink af Masse.
ctwsetts. Massachusetts Atidaboa Society, Bostda,
MA.
APPENDIX
Afps>*4ixI,IJa<>fCBfPj!Ppaiicipatt$pm 19S7~
Ray A^ami
Bthn Alton
Sieve Allen
RodAneH*
0avMDa«i«
"Item Davis
Deaaa Desman
Kara Den
JataesAsfi
J«tHtrA*&t
fredAtwood
ffmeftiyBUrd
Nict Barter
KesBatiaore
G.Betao
JeniyDicljcm
XvmlMKKtii
MlctadHie.
Sima Boettfihef
Nldwlaj BolsJinc
W.BmdBooil
D. BoBttr
Patrick Soyd
DsoSranniitfi
BlU Evan
David ETO!
ante Fill
Victor fcKo
DichFtsiK
Mat^iew Brihftzer-Sttiil
tasef&BrtH
AdttmByniD
RonC
KM Oir.rj
JaddCiftfy
Join Cecil
DexlerOialee
Davis Ofl^tnati
AilM Chartist
Dwi^t & Asa 0*raaf
I'.u!« Gills
Clia[Qte3t« Qoedacbe
Sx
Ml
JiraC
IBM Graves
M&HtOreese
RllphOiuoddl
OrdGire.
TomK^l
Rogei Clifford
Nancy Batplfl
BobHarlrom
Brace Coiiei,
[>jv«l Corsici
LiadaCrabtite
JoeyHerrm
Ar.thor.y HcrtaJ
PaulHciJ
Miotel Hill
EonHoif
P«i!Cyi*«r
Damey
DaleOivis
AmyH&we
Dai)
Kanellr-.a,
Vtifaat* ^rngar
Dcngbma
MutJcir.s
,'naiJoses
WfDtesKmes
AUKpindl
Mictael Kittb
C- taiw«ic« King
JtclLnv.
Thoaas LeBSaflc
FttdLetho
J,-i!»Up!sa
JMLynd:
OkanLyw
WictaelMsrts
StUManiDUS
May
Matkk
C. McCnlh
JohaMcNRly
Flnacea McVay
DoujMcWr.lrK.
Jerry McWiB.m!
Dorsxliy Miller
ti Miller
OanxMlKMI
IjiUt Mitchell
Neil Moore
MleUorg.nle
-lanws Mt^^iy
ilodMmry
UnlMI
DamaiO'Bran
RaftOwnttao
LydaPtge
Krisloi*er Pilemxl
mile-fswtoski
Lyada Perry
DsvidPelera
Ctajg Pwvost
BiUPuiveli
Gnce fcurfoipl,
MstyKa^ff
Joseph RoM,
Marl Bobbins
Peter Rixieiv.W
Jes»lf«rRood
Not-.™ R-j-ietill
Mara^nst Ra«k
t>osine1» Sellers
DiveSbs
J-ckStailicky
RKt Stevens
DoilieStov-r
VciiJUrcSmsiev
M«cveT>>1or
V.'.IUainTolin
K.t.-UM'AB Tsssc:
Allen Waldraii
Mindy W.lker
tti«Wnle>
OolWMlI
AlraWells
Mel!..!. WeIMn
WHnam
RoalWf
JocnWbl^
DwgVHnt
Pei-HsinjWu
Helen Wueslenftia
Peter Wnllkwii
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Subject: Re: Recent TN permits
On 11/4/03 4:56 PM, "Doug SiddeU" wrote;
H6re is the requested Information. I apotagbe for the delay in getting thte to you,
Company PerrnftNo. Permitted Acres Estimated Disturbed Acres
Appoto Fuels, lno.-^3012.>> T;. 24-- -.-j-'-.;'. •....•- 24
Appote Fuels, Inc. 3112. ; . 2298 860
Bell County 3106 15 15
Coal Corp.
Mountainside Coal 3114 277 216
Company
Mountainside Coal 3127 351 228
Company
Robert Clear Coal 3116 2102 1148
Company
Tennessee Mining, 3066 62 62
Inc. . •,
> From: Malrnda W&fton . Date: Won, 03 Nov 2003 09:38:41 -0800
> To: Doug SiddsB
> Subject Recent TN permits
>
>Doug
> Just a reminder. When we talked a couple of weeks ago you Indicated that you
> would be able to send me a list of the surface mining permits in the
> Cumberland Mountains issued since
;• December 2002 with the permitted acreages and tie estimated actual surface
. > disturbances,
>
> Thank you in advance for your Bme to do this.
>
> Cheers
> Mellnda
Population Objectives - Rosenberg and Blancher
SETTING NUMERICAL POPULATION OBJECTIVES FOR PRIORITY LANDBIRD
SPECIES
Kenneth V, Rosenberg,
Cornell Lab of Ornithology, Ithaca, NY
and
Peter J. Blaucbw
StaJ Stmfa Canada, Ottawa, ON
Corresponding AuSto: fcft Rosenberg
Cornell Lafe of Ornithology
159 Sapsocfcw Woods M, Ithaca, NY 14850
Tel: (607) 254-2412
F«: (607)
E-mail: kvt2@ootnell.Klu
22 pages, 4 tables, 4 figures
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Rosenberg and Bteneher 2
Abstract. — Following the example of the North American Waterfowl Management Plan,
deriving numerical population estimates tod eonMtvKttan targets fct priority laodbirf species is
considered a desirable, if not necessary, element of the Partners in Plight planning process.
Methodology for deriving such estimates remains ia its infancy, however, and the use of
numerical population targets remains controversial within tie conservation and »cademie
communities. By allowing a set of simple assumptions regarding species' detectabifity, relative
abundance data from Breeding Bird Survey (BBS) routes may be extrapolated to derive first
approximations of current, total species populations, both rangewide and within Bird
Conservation Regions, JPrelnoirary comparisons with independently derived abundance
estimates (e.g. Breeding Bird Atlas) suggest that these population estimates are within
acceptable limits of accuracy for many species. If restoring populations to early BBS levels (late
1960s) is desirable, trend data may be used to calculate! the proportion of a species* population
lost during CBS 35-year period, Kid an appropriate population target may be set For example, in
the Lower Great lakes/St Lawrence Finn, BBS data indicate a current (1990-1999) population
of about 14,000 Red-headed Woodpeckers (Melanerpss eiythncgphaba) and a loss of >50
percent since 1966, A reasonable conservation objective, therefore, maybe to double the Red-
headed Woodpecker population lathis region over sonse future time period. We encourage the
ase of numerical population estimates and conservation targets in implementing conservation
objectives for priority landbiid species, and we encourage further research that leads to
refinement of our methodology and our estimates.
Key Words: Breeding Bird Survey, iandbirds, population estimates, population objectives.
Rosenberg and Blaucher
INTRODUCTION
Conservation actions are most effective and efficient when they are directed towards meeting
explicit objectives or targets. In North America, conservation of birds and their habitats has
benefited from numerical population targets developed by regional or species experts. For
waterfowl and wetland habitats in particular, species-specific population targets were developed
and published as part of the North American Waterfowl Management Plan (NAWMP 1986 &
Updates), Population targets were based on estimates from survey data from the 1970s, and these
served as a baseline for restoring populations of declining species. These numerical targets, when
scaled to waterfowl flyways and expressed in terms of habitat-acres or other limiting factors,
have proven to be a very compelling tool tor generating billions of dollars for wetland protection
and restoration (2003 NAWMP Update, J* draft). More recently, the U.S. Sborebird
Conservation Plan has set numerical population targets for priority shorebird species, based sn
current survey data and also using early 1970s as a baseline (Brown and others 2001). Other
examples of numerical population targets exist ia the numerous recovery plans for endangered
species to the United States asd Canada.
Conservation planning for the roughly 500 species of non-endangered landbirds in North
America has been proceeding 4t the regional and national levels through the international
initiative, Partners in Flight (Pashley and others 2000). Although much discussion has taken
place regarding the desirability and possible nature of population objectives for landbird species,
we ax just beginning to develop methods for deriving quantitative population targets for
widespread and still-numerous species. Such numerical targets require the estimation of species'
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Rosenberg and Blanoher 4
poputetion size at several geograpMe scales, knowledge of reoestt historic poptflrtoE trends, snd
t
agreement on t
and baselines for getting desirable targets. Is this pa|>er we otitljae a
pragmatic and tepestabte approach to estimating tandbM population sizes using indiw from the
North American Breeding Bird Survey {BBS, RobMns and others 1 989), the moat
comprehensive and eoatinoous survey of landbird populations in most of fbe United State and
southern Canada. We also discuss the many assumption!! and issues that bear on tiie use of this
approach, to addition, we propose a simple protocol for assigning numerical conservation targets
for specific regions, based OB. current population estimates for high-priority species and
knowledge of recent population trends. We present preliminary results of population estimation
and objective setting for two Bird Conservation Regions (BCRs) in whisfa active birt-
conservatkm initiatives are underway, the Atlantic Northern Forest (BCR 1 4) and Lower Great
Lakes-St. Lawrence Plato (BCR 13). Fiaaily, wttria tee two regions, we compare oar BBS'
derived population estimates with independent estimates derived from atteaiafive datawts.
Additional details and results of our population esfimatiofl methods win be poblished elsewhere
(Rich and others in prttp., Biancher tad Rossabetg in prep.). Oar goal here is to introduce a
standardized methodology for incorporating numerical population objectives into landbird
conservation plans and to stimulate father refinements of the population estimation approach.
Rosenberg and Bltncher 5
during the 1990s. Relative abundant* indices for each bird species were then averaged across til
routes within each Bird Conservation Region, By making a series of assumptions regarding area
sampled, habitats sampled, and detectability of individual bird species, we can extrapolate BBS
relative abundance to estimate total population size within geographic areas or for the entire
continent.
Estimating Population Size From BBS Relative Abundance
A BBS route consists of as a series of 50 point counts, distributed along a 39.4 km (24.5 mile)
roadside transect. The starting point and direction of each route are assigned randomly within 1 -
degree blocks of latitude and longitude in the United States and Canada (Robbins and others
1989). Each route traverses a vwiety of habitat types; taken together, the routes in a region
potentially provide a random sample of the broad landscape within that region as a whole. At
each of the 50 BBS stops on a route, observers are instructed to count all birds seen or head
witMn a 3-minute period, out to a radial distance of 400 m (1/4 mile). The maximum area
sampled by each route, without making any corrections for species' detectability (see below), is
rou$ily25.J to2 {Fig. 1).
METHODS AND ASSUMPTIONS
Our primary method for estimating population size of widespread landbird speciw involves
extrapolation, using indices ftom the North American Breeding Bitd Sorvey. Specifically,
indices of relative abundance (birds per BBS route) were derived from every route surveyed
A formula for estimating regional population density from BBS counts has been presented by
Bart (in press). This formula explicitly takes into account the proportion of individual birds that
sing (or otherwise are detectable) daring Use 3-minute BBS stop, the probability that a staging
bird will be detected by an observer, and the potential bias due to differences in roadside and
region-wide distribution of habitats. An advantage of this formal approach is the ability to
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Rosenberg and Blanche
Rosenberg and Blancher
calculate error associated with population estimates, and values ofl.O can be used fer probability
terms that cannot yet be estimated with empirical tea. Bart (in press) provides examples of this
approach for a suite of species to shrub-steppe habitats in western United States.
Assumptions: Habitats
For fhe purpose of ont initial analyses, we assume tint (1) BBS routes are randomly distributed
across larger landscapes (e.g., BGRs), and (2) BBS route sample habitats in proportion to theit
occurrence within the target landscapes. Because BBS routes are assigned at randomly located
starting points, and because BBS coverage is widespread across most of ti» United States and
southern Canada, our first assumption ia.probably reasonable for most of the BBS-coverage area.
An exception occurs in boreal mid arctic BCRs at She northern limit of BBS coverage, where
roadless areas predominate and roads typically sample a geographically-biased portion of the
landscape.
The second assumption, namely ftat habitats along roadsides are an adequate sample of habitats
throughout the region, is frequently discussed, and is considered by some to be a serious flaw of
the BBS. Although the capability now exists to test this assumption usxnf QIS, this analysis has
not yet been carried out for the entire survey area, or for many local regions. Those few studies
that have examined potential roadside bias have presented mixed results. For example, Bart and
otters (1995) found that the proportion of forest along BBS routes in Ohio (in a strip out to 280
m from roads) was not significantly different from the proportion in the overall landscape, fc an
inner strip within 140 m, however, the proportion of forest was significantly less (35 percent)
than ia the overall landscape, suggesting flat for forest-breeding spades detected primarily close
t
to roads (see below), BBS would underestimate abundance. Keller and Scallan ( 1 999) found
similar results its Ohio and Maryland, with forest habitats under-sampled by 21-48 percent and
agricultural and urban habitats over-represented along roads. Interestingly, forest-field edge
habitat* also were under-sampled along BBS routes, whereas early suceessional and wetland
habitats did not differ between on-road and off-road landscapes. Most recently, Bart (in press)
found that proportions of major forest, shrub-steppe, and grassland habitats along BBS routes did
not differ from the surrounding landscape within U.S. Forest Service Region-4, a large area of
the western United States. While we urge a continent-wide G!S analysis of roadside bits in the
BBS, which could yield BCR-specific correction factors to plttg into Bart's equation, for now we
assume no roadside bias in our calculations. Further ramifications of this assumption will be
discussed below.
Assumptions:
Our initial approach assumes thai all breeding pairs of birds very close to an observer at BBS
stops are detected, and thai detectability is otherwise a function of distant* from the observer.
We assume that all species have a feted, average maximum detection distance on BBS routes
across their range, and that these distances can be translated into effective sample areas for each
species. Because few published data exist on exact detection distances for a wide range of
species, we chose to assign species to one of four detection classes as follows (Table 1 ). A
majority of birds on BBS routes in many regions are detected by songs or calls in forested or
other densely vegetated habitats. A simple method of extrapolating avian density from counts of
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Rosenberg and Blaneher
singing males using detection threshold distances was proposed by Batten and DaJong (1981),
who also provided average maximum detection distances for 11 species of common forest bilds.
These distances ranged from 72 m (Blue-gray Ctattesteher PollaptUa emrulea) to 186 m (Wood
Thrash Hylocickla mwtelina) and averaged 128 m for the 11 species. Emlen and DeJong (1981)
further proposed tint numbers of singing males be doubted to obtain a total population. Wolf and
others (1995) also found that most forest bads in northern Wisconsin could be heard to
maximum distances of between 125 and 250 m. There was much individual variation, however,
and some individuals could be heard at much greater distances. "Wolf and others (1995) also
recorded the minimum distance at which individuals of a species could no longer be heard; this
distance also averaged 128 m for the 12 species presented. Based on these empirical data, we
chose to initially assign most forest birds and other weakly vocalizing species a detectabili ty
threshold of 125 m (close to the average in Etolen and DeJong's study). For these species, we
assnme that all breeding pairs are detected out to that distance, and the effective area sampled on
a complete BBS route is therefore 2.5 km2.
A second jyoop of species is detected visually or by loud calls over long distances; these include
soaring raptors, crows and ravens, Upland Sandpipers (Mortromw langteauda), and a few other'
species with very loud vocalizations (e.g., Northern Bobwhite Colinus virginiama, fiieated
Woodpecker Dryocopus pliestus). For
-------
Rosenberg and Btoncher 10
Rosenberg and SJancher
peak detection probability for each species and then the ratio of -peak detections to average
detections across the SO stops. TMs ratio was used to adjust average numbers of birds per route to
peak numbers, as if peak detection lasted throughout the morning. Species-specific correction
fectots ranged from 1.04 (House Finch Carpodaaa mexfeimus) to 223 (Whip-poor will
CctprSmtdgus voeifenaf) with a median of 1.34 across sdl landbkd species examined (median of
1.32 for diurnal iandbirds). Four different types of time-of-day distributions are illustrated in
Figure 2. Using these corrections, we can estimate populations even for crepuscular or primarily
nocturnal species (e.g,, Great Homed Owl Babo va-ginianas, Common Nighthawk Chardettes
minor), as long as they are detected on several BBS routes on. at least fhe first BBS stop. For the
few specie without adequate BBS data to calculate a time-of-day correction, we assigned a
value based on another similar species with adequate data, or used the median 'value. Our tane-
of-day corrections will tend to be conservative for any species whose peak detection is outside of
the BBS sample period, diurnally or seasonally.
Finally, we assume that individuals detected represent one member of a pair, and we therefore -
doable all estimates to derive total number of breeding individuals. This "pair correction" is most
obvious for the many species that are primarily detected as territorial singing males. Even for
species in which males and females may be equally detectable, however, our experience on BBS
rotttes suggests thai only one member of a presumed pair is usually detected at any given time.
Possible exceptions include some corvids, in which both members of a pair are highly weal, and
swifts and swallows, in which both sates and females typically forage together over open
habitats. A pair correction of 2 (double) may also be high for species with a high proportion of
singing but unpaired males. The "correct" ptir correetion for all species lies somewhere between
i
1 and 2 and may be determined empirically with further study.
Comparisons With Breeding MM Atlas Eitimiites.
Few independent population estimates exist with which to make even crude comparisons with
our BBS-derived estimates for commor landbirds. One source of such data is the simple order-
of-mtgnitude estimates of breeding populations gathered during Breeding Bird Atlas work in
Ontario (Cadman and others 19S7) and in the Maritime Provinces (Erskine 1992). During the
course of atlassing in these areas, observers were ashed to estimate the total breeding population
of each species within lOO-km2 squares. Although these estimates are very crude (e.g., 1, 2-10,
11-100,101-1,000,1,001-10,000 or 10,001-100,000 pairs in a square), precision is gained from
the very large number of squares sampled. Because atiassers are not restricted to roads, to early
mornings, nor to a single peak of the breeding season, atlas data differ from BBS in having a
reduced bias against off-road habitats, seasonal changes ifi breeding activity, and nocturnal
species rarely detected on diurnal routes. Atlases also dirTer by covering larger proportions of the
landscape, providing a larger sample size of population estimates, coverage for rarer species, and
allowing extrapolation based on knowledge of the habitat by the observer.
To estimate a population in an area covered by breeding bird atlas, we follow Erskine (1992) in
taking the midpoint of each categorical range (assuming a poisson distribution of abundances
within each category) as the estimate for the alias square. These estimates are totaled for each
species across all squares to which estimates were made, then extrapolated to account for
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12
Rosenberg and Blanche? 13
unsatnplsd squares. This-method is illustrated using data for Hie Brown Thrasher (Taxastoma
i
rufian) in fee Ontario portion of Lower Cheat Lakes-St Lawrence Bird Conservation Repon
(BCR13). Brown Thrashers were found in 549 out of 744 eensused atlas squares within this
region, and estimates within squares ranged across several abundance categories (Fig, 3).
Extrapolating abundance from poisson midpoints of these categories, «d extrapolating to the
full 840 squares ia the region, we derive a population estimate for the region of 42,369 pairs. We
compared atias-derrved population estimates for landbirds present in 25 or more atlas squares
with population estimates based on the 28 BBS routes run from 1981-1985 within the same
region. We then replicated this comparison using BBS and ate data from the Maritime
Provinces (part of BCR 14), which involved 1682 atlas squares and 39 BBS routes conducted
fiora 1986-1990. In the Maritime comparison, we used estimates from Brakine (1992) only for
species where they were based on data from atlassers, disregarding estimates from other sources.
Comparisons With Breeding Bird Census
Another source of density estimates tor landbirds is the Breeding Bkd Census (BBC), in which
observers estimate breeding populations in snail plots of fixed area and uniform habitat We
used the Canadian Breeding Bird (Mapping) Census Database (Kennedy and others 1999) to
obtain landbird densities in BCRs 13 and 14 for comparison with our BBS estimates. Because
BBC plots are not randomly distributed across the landscape, we use total landbird density as our
basis of comparison, rather than density of individual species. We also calculated BBC landbird
density within each broad habitat type, and adjusted regional BBC averages according to the
proportion of the regional landscape in each habitat type, based on satellite land cover data.
RESULTS
Population Estimates
First approximations of breeding populations were derived for 16? species that were sampled by
the BBS in the Lower Great Lakes-St. Lawrence Plain (BCR 13) and for 154 species in the
Atlantic Northern Forest (BCR 14), These estimates ranged from roughly 100 breeding
individuals for rare breeders such as Diekeissel (Spissa amsrieana) and Le Conte's Sparrow
(Ammodramui leconteii) in BCR 13, and for Peregrine Falcon (Faleo pengrima) in both
regions, to 10 million American Robins (Turdus mlfpaiorius) in BCR 13 and 11 million Red-
eyed Vireos (Vireo olivacaa) and 13 million robins in BCR 14. Breeding population size
averaged 488,000 individual! across all landbird species in BCR 13 (398 birds per km2), whereas
populations averaged 792,000 individuals in BCS 14 (340 birds per km2).
Of particular interest are population estimates for species considered of high conservation
concern in these two regions. For BCR 13, we calculated populations for 20 species identified as
high priorities by the landbird breakout group of the ongoing BCR 13 bird conservation initiative
(see Hayes «id others this volume). Our estimates of regional populations for these species
ranged from roughly 400 Short-eared Owls (Asiaflammew) to 1.9 million Bobolinks (Table 2).
We also present average relative abundances on BBS routes in the region, as well as detection
distance, effective sampling area, and time-of-day adjustment factors for each of these species. In
BCR 14, our population estimates for 20 species with high PIF assessment scores (Panjabi and
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14
Rosenberg arid Btaicher
IS
others 2001) ranged ftom roughly 10,200 WMp-poot-iwslls to 2.1 i&U]ianVecfys(Cattang
i
fiactseem; Table 3),
Comparison With SreettlngJiinlAtlta
We obtained independent estimates of breeding populations for 120 Sandbitd species tbat had
abundance dam in at least 25 atias squares and an M least 1 of 28 BBS routes in the Ontario
portion of BCR13. Correlation between these two sets of estimates was remarkably M^i (r =*
0.95;-Fig. 4a). Two-thirds {66 percent) of species tad estimates that differed by less flan a footer
of 2, and 99 percent were wrttsn an older of Magnitude of each other. For example, in the
Ontario/BCR 13 companion, the atks method e*Ba»»ted raugbly 1.3 million pain of American
Robin versus 1 .$ rniffion pairs for the BBS method. Oflw close comparisons, representing a
wide range of common and rare species, included Boropean Starling (Stems vutgaris; 1.9
million vs. 2.2 million pairs), American Goldfinch (Cwdtxlis trtstlt; 381,000 vs. 363,000),
Hairy Woodpecker (Picoides villosia; 24,000 vs. 23,000), Great Horned Owl (5,700 vs. 6,300),
and Henslow's Sptrrow (Ammodnmus hsmlowll; 147 vs. 160 pairs). Other individual
comparisons that were not as close may suggest incorrect detectability thresholds, drSerences in
habitat coverage between the two survey methods, or lade of precision for raw species.
A similar comparison in the Maritime Provinces portion of BCR 14 also resulted in a high
correlation (r * 0.91) between atlas- and BBS-derived estrmstes for 99 species (Fig. 4b). For this
comparison, we relied on EraJdne's (t 992) calculated estimates, which involved removing the
highest 3 percent of abundance estimates for each species, Md reducing the midpoint of the top
abundance category. We.estim«te that this trimming procedure reduced atte population
t
estimates by more than 50 percent, on average, and resulted in conservative (lower) populations
relative to our BBS-derived estimates. Still, atlas and BBS estimates Were within g factor of 2 for
64 percent of species, and were within an order of magnitude for til species.
Comparison With Breeding Bird Census
Total population density for at! landbird species was approximately three times higher when
based on Breeding Bird Censuses, compared with BBS-derived density estimates, in both BCRs
(Table 4). Even when BBC densities were corrected for habitat availability in each BCR, BBC
densities remained high relative to BBS-derived densities.
Deriving Numerical Population Objective!
To derive numerical population objectives, tve start with the pnemise fcgt a reasonable
conservation target is to reverse population decline observed over the pot 30-40 years, as
measured by BBS or equivalent survey. Rather flan extrapolate: annual rstes of decline over 30-
40 yews, we chosa to use broad classes of population decline as the basis for objectives, as in
Rich and otters (in prep.). For this purpose we used population trend sears* (PT) assigned to
species in the PIF species assessment process (Carter aad others 2000, Panjabi and others 2001).
These scores of 1 -5 are based on BBS population trends (or equivalent) dver the entire tirneframe
of the survey, usually since 1966. A PT of "5" is assigned to species feat have declined
significantly by at least 50 percent over a 30-yetr period, for these species, our conservation
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Rosenberg and Blancher 17
objective is to doable cunent populations over some future ttae period, and the nuaierfeal target
is calculated as roughly twice the current popalsiion estimate. A FT score of "4'* is assigned to
species with less certain declines or sijpificaat declines of between 15 and 50 percent over 30
years. For these species we propose an objective of restoring populations baaed on a 30 percent
decline (approximately the midpoint of the 15-50 percent range), which translates to > numeric*!
target of about 1.4 times cunent population. FT scores of "3" are assigned to species with highly
variable, uncertain, or tmtooxwi population trends. For tee, we suggest a conservative objective
of maintaining sightly higher populations to the future until we em acquire sufficient trend data
to measure trend; Le, 1.1 times current population estimates. Finally, for species with stable (FT
= 2) or increasing (PT *» 1) populations, oar conservation objective is to maintain fiitnre
populations at or above current levels.
Note ttitrt tMa categorical assignment of numerical objectives reduces the reliance on specific
BBS trend estimates, which often have wide 95 percent confidence limits, especially in regions
with small samples of BBS routes. Using this approach, we present conservation objectives arid
numerical population targets fbx several species identified as priorities irt 0CR13 (Table 2) and
BCR14(Table3).
DISCUSSION
We believe that our pragmatic approach, with clearly stated assumptions, can product useful first
approximations of total population size for North American la&dbirds. Oar comparisons with
independently derived population estimates suggest that extrapolations from BBS abundance
data typically yield estimates well within the correct order of magnitude. It is likely that our
i
population estimates are conservative for most species, beetuse we did not include any
correction for birds that are within detection distance but still not detected during a 3-minute
BBS count even at peak detection time of day, i.e. because they didnt vocalize, or because
observers missed them. Bart (in press) estimated that 30-70 percent of ghrab steppe birds do not
call during a 3-minute counts, and a further 20-30 percent of birds singiag within detection
distance are missed by BBS observers. Our comparisons to BBC tandbird densities also suggest
our BBS-derived estimates are conservative, perhaps by a factor of 3, though it is possible that
BBC densities are high if plots were biased to sites with more birds or if densities were
overestimated in small BBC plots.
A habitat bias on BBS routes, if present in the region under consideration, would result in under-
or over-estimated populations, so is best measured and inceporated into the estimate (Bart, in
press). However, even where habitat biss has not been meowed, this does not rule out use of
BBS-derived estimates to set and track conservation targets, n* long ai progress towards
objectives is measured using the same method. The ssnse studies that documented & bias against
forest sampling on roadside routes (Bart and others 1995, Keller and Scalta 1999) did not find
an equivalent bias in terms of the change tn land cover over time.
While we are encouraged by the comparisons with other measures of population size, we
acknowledge that our estimates are only crude first approximations that might be poor for some
groups of birds, or in regions where BBS routes are sparse or strongly habitat-biased. We
therefore encourtf e further research to refine the corrections we have applied so far and to test
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Rosenberg and Btaaeher 18
for and correct any habitat bias in BBS surveys in specific tenons. Studies of species-specific
s
detection distances, voesilization frequency, detection probabilities of males and females, and
proportion of unpaired birds detected would all be extremely useful for refining population
estimates. Our efforts thus fer have focused on hndbW species, which as a group are reasonably
well sampled by BBS, These methods rosy also be appropriate for some species of waterfowl,
shorebtrds and waterbirds that are typical of landscapes sampled by BBS; testing is needed to
confirm this. Finally, our method does not address vast boreal/taiga and arctic regions of North
America that are not sampled by BBS. Other methods will be needed to estimate populations of
these far-northern breeding species (Rich and others in prep.). We invite additional comparisons
and discussion, and we encourage the testing of these methods on oflier species and in other
regions.
Even if we accept the first approximation of laadbird population estimates as reasonable, using
these to set numerical conservation targets remains controversial. Fear exists among academic
ornithologists and conservation practitioners thtt using inaccurate population estimates to set
conservation targets may lead to misdirected conservation actions and loss of scientific
credibility. Alternative forms of population objectives have been proposed and discussed,
including iising minimum block sizes of habitats for msmtaimng "source* or "viable"
populations, using BBS relative abundance as a surrogate for population size (e.g., achieve a
regional density of x birds per BBS route), «nd using raw trend estimates as objectives (e.g.,
stabilizing a 2 percent per year BBS decline). Our assumption in using explicit population
estimates is that there is compelling value in knowing the magnitude of population change
desired, and having easily understood objectives. Population estimates also allow comparisons to
Rosenberg and Blaneher 19
independently-estimated-sources of mortality and a grasp of the magnitude of habitat required to
i
sustain bird populations across the landscape.
Other considerations is setting conservation targets relate to timeframes, historic baselines, and
political and social acceptability of objectives. We selected "early BBS" as a reasonable historic
reference because it represents the extent of our knowledge of population trends for most
species, and because it is a similar Eimelrame to that proposed for the restoration of waterfowl
and shorebird populations. Just »s important, it also allows a comparable measurement of success
into the ftiture, using the same BBS methodology. Numerous factors could make it desirable to
alter this titneframe, however. For example, some populations and habitats were severely altered
long before the beginning of the BBS, and it msy be desirable to attempt restoration of these to
some earlier baseline. Alternatively, some populations or habitats may have been artificially
abundant ia the 1960s (relative to pre-settlement conditions), such as sorrte early suceessional
habitats in eastern regions, or populations responding to sprace-budworm outbreaks, and
proposing the return to these levels may be inappropriate. Full discussion of these and other
factors is critical for setting effective and achievable conservation targets, tat such a discussion
is beyond tile scope of our paper. Our proposed method for setting numerical targets can be
adapted to a variety of baselines or timeftames.
In conclusion, we believe that numerical population estimates and conservation targets for
landbird species are useful and achievable. We propose a simple methodology for extrapolating
from widely available BBS abundance date, while stating a series of assumptions and
acknowledging the limitations of this approach. We encourage further research that aims to
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Rosenberg and Bhneher 20
Rotenberg and Blancher 1\
refine population estimates and better enables us to understand and use data from the BBS. We
i
further encourage the use of additional survey d&tt, point counts, checklist counts, and other
measures of abundance to fill is gaps for species and regions poorly covered by BBS. Finally we
encourage the use of population-based conservation targets in continental and regional plans as a
compelling means of justifying aid communicating levels of desired population and habitat
change in specific regions.
ACKNOWLEDGEMENTS
We thank many individuals throughout the Partners in Flight network for inspiring discussions,
both fbonal and informal, on the topics of population estimation and objective setting. In
particular, members of the PIF Species Assessment Technical Committee (Carol Betrdmore,.
Greg Butcher, Dem Demarest, Eriea Dana, Chuck Hunter, Arviad Panjtbi, David Pashley and
Terry Rich) were instrumental in helping us develop the methods and arguments presented in tMs
paper. Jon Bart contributed to early discussions and provided a draft of his methods for
extrapolating BBS counts to population size. John Saner contributed insights into use of BBS
data, fa addition we thank the many participants of meetings and workshops wfco encouraged us
to continue our efforts. Our analyses and approach rely on data collected by many o&ers; we
thank all of the volunteers who participated in breeding bird surveys and atlases, and the
organizations that made those data available. This paper is a contribution of the Cornel!
Laboratory of Ornithology and Bird Studies Canada.
LITERATURE CITED
Bart, J, [in press]. Estimating total population ttee for songbirds. Bird Populations.
Bart, J., M. Hofsehen, and B. O. Peterjohn. 1995. Reliability of the Breeding Bird Survey;
Effe«t« of restricting surveys to roads. Auk 112: 758-761.
Brown, S., C. Hickey, B. Harrington, and R. Gill (eds.) 2001. The U.S. Shorebird
Conservation Plan, 2°* ed. Manomet Center for Conservation Sciences, Manomet, MA.
Cadman, M. D., P. F. J. Eagles, and F. M. Helleiner. 1987. Atlas of the Breeding Birds of
Ontario. Federation of Ontario Naturalists and the Long Point Bird Observatory,
University of Waterloo Press; 617 p.
Carter, M. F., W. C. Hunter, D. N. Pashley, and K. V. Rosenberg. 2000. Setting conservation
priorities for landlords in the United States: the Partners in Flight approach. Auk
117:541-548.
Btnlen, J. T. and M. J. DeJong. 1981. The application of song detection threshold distance to
census operations. In. C. J. Ralph and J. M. Scott eds. Estimating numbers of
terrestrial birds. Studies in Avian Biology 6:346-352.
Erskine, A. J. 1992. Atlas of Breeding Birds of the Maritime Provinces. Nova Scotia Museum
and Nimbus Publishing Ltd.; 270 p.
Hayes, C., A. Millildn, R. Detlmers, K. Loftus, B. Collins, and I. Ringuet. (this volume).
Integrated migratory bird planning to the Lower Great Lakei/St. Lawrence Plain
Bird Conservation Region.
Keller, C. M. E. «nd 1 T, SoOlan. 1999. Potential roadside teses due to habitat changes
along breeding bird survey routes. Condor 101:50-57.
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Section A - Organizations
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Rosenberg and Bleacher 22
Rosenberg and Blancher 23
Kennedy, J. A., P, DUworA-Christie, and A. 1. Erskine. 1999. The Canadian Breeding Bird
(Mapping) Census Database. Technical Report Series No. 342, Canadian Wildlife
Service, Ottawa, Ontario
NAWMP. 1986. North American Waterfowl Management Plan. A strategy for cooperation.
U.S. Dept of the Interior & Environment Canada,
NAWMP. 2003. North American Waterfowl Management Kan 2803 Update. Strengthening
the biological foundations. 1* draft for review by stakeholders, 8 August 2002.
Panjabi, A. and C. Beardmore, P. Blaneher, 0. Butcher, M. Carter, D. Demurest, E. Dasn, C.
Hunter, D. Pasbiey, K. Rosenberg, T. Rich, and T. Will. 2001. The Partners In Right
Haadbook on Specie* Ass«sment & Prioritizarton. Version 1.1. Rocky Mountain
BiW Observatory, Brighton, CO.
Pashley, D. N., C. J. Beardmore, J. A. Fitzgerald, R. P. Ford, W. C. Hunter, M. S. Morrison, and
K. V. Rosenberg. 2000. Partners in FBgkt CsMervatfon of ft* Land Birds of tke
United States. American Bird Conservancy, The Plains, VA.
Robbias, C. S., D. Bystrak, and G. H. Geisler. 1986. The breeding bird surveys its flrrt fifteen
years, 1965-1979. USDI Pish and Wildlife Service Resource Publ. 157, Washington,
D.C.
Wolf, A. T,, R. W. Howe, and 0. J. Divis. 1995. Detectabffity of forest bird* fr»m stationary
points in northern Wisconsin. In: Ralph, C. J., J. R. Saaer, and S. Droege, eds.
Monitoring bird populations by point counts. Gen, Tech. Rep. PSW-GTR-149, Albany,
CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture;
19-23.
Table 1. CATEGORIES Ot DETECTION DISTANCES AND EQUIVALENT BBS SAMPLING AREA FOR
i
LANDBIRDS.
Maximum Effective Example species
defection BBS sample
distance area / route
80m 1km Brown Creeper, Blue-gray Qnatcstcher, Golden"CrowriedKinglet7
Ruffed Grouse
125 m 2.5 km2 Most forest-breeding warblers, Red-eyed Vireo, Downy
Woodpecker, accipiters
200 m 6.3 km2 Thrushes, waterthrushes, wood-pewees, meadowlarks, Bobolink,
Song Sparrow
400 m 25.1 km2 Whip-poor-will, Pifeated Woopecker, Red-tailed Hawk, crows,
vultures
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Table 2. POPULATION ESTIMATES AND NUMERICAL OBJECTIVES FOR LANDBBS) SWOBS
i
I0ENTn»mrj AS PRIORITY BY HAYES AND OTHERS (THIS VOLUME) fe» LOWBR GREAT LAKBS-ST.
LAWEMCX PLAIN, BCR13
Table 3. POPULATION ESTIMATES AND NUMERICAL OBJECTIVES POR LAHDBIRD SPECIES WITH
t
HIOH PIF ASSESSMENT SCORES IN ATLANTIC NORTHERN FOREST, BCR14
Species
Norftiem Harrier
Black-billed Cuckoo
Short-eared Owl
Whip-poor-will
Red-headed Woodpecker
Eastern Wood-Pewee
Acadian Flycatcher
Loggerhead Shrike
Sedge "Wren
Wood Thrush
Brown Thrasher
Blue-winged Warbler
Golden-winged Warbler
Cerulean Warbler
Hooded Warbler
Field Sparow
Hensiow's Sparrow
Grasshopper Sparrow
Bobolink
BBS Maximum BBS Time BCR FT
avg/ detection sample of day population
rte distance araa(ksi) adjust (individuals)
0.302
0.746
0.004
0.017
0.178
3.477
0171
0.007
0.025
6.081
1.499
0.565
0.123
0.100
0.357
3.572
0.025
0.476
24.863
400m
200m
200m
400m
200m
200m
125m
200m
125m
200m
200m
200m
200m
125m
200m
200m
200m
200m
200m
25.1
6.3
6.3
25.1
63
6.3
2.5
63
6.3
6.3
6,3
6.3
6.3
2.5
2.5
6.3
6.3
63
6.3
1.29
139
1.60
22.3
1.25
1.12
1.17
1.19
1.62
2.30
1.12
1.21
1.32
1.35
1.20
1.07
1,66
1.47
1.21
6,200
66,100
400
6,100
14,200
249,200
51,100
500
2,600
, 892,200
107,800
43,700
10^00
21,800
68,800
243,800
2,700
44,700
1,927,000
3
4
5
5
5
4
2
5
3
4
5
2
2
2
2
5
5
5
4
BCR Numerical
population target
objective (rounded)
I. IX pop
1.4 X pop
2Xpop
2 Xpop
2Xpop
1.4Xpop
Conentpop
2Xpop
1.5 Xpop
1.4 X pop
2 Xpop
Current pop
Current pop
Conentpop
Current pop
2 Xpop
2 Xpop
2 Xpop
1.4 Xpop
6,900
93.&00
800
8,500
28,000
350,000
51,000
1,000
2,900
1,200,000
215,000
44,000
10,000
22,000
69,000
490,000
5,600
89,000
2,700,000
Notes: Area of BCR13 is 201,292 kma. Pair adjust« 2 for all species. For descriptions of
detection distance categories, BBS effective simple seas for each species, pair adjustment, time-
of-day adjustments and population trend (PT) scores, see Methods.
Species
Broad-winged Hawk
Raffed Grouse
Whip-poor-will
Yellow-bellied Sapsuckei
Black-backed
Woodpecker
Olive-sided Flycatcher
Veery
Wood Thrush
Chestnut-sided Warbkr
Cape May Warbler
Black-throated Blue
Warbler
Blackbumian Warbler
Bay-breasted Warbler
Canada Warbler
Scarlet Tintger
Nelson's Sharp-tailed
Sparrow
Rose-breasted Grosbeak
Bobolink
Rusty Blackbird
BBS Maximum BBS Time BCR PT
avg/ detection sample of day population
rte distance area (km3) adjust (individuals)
0.190
0.218
0.016
3.351
0.043
0.551
10.889
4.983
7.622
0.371
1.988
2.324
0.727
1.216
1.496
0.077
2.731
7.271
0.179
125»
SOrt
400m
125m
125m
200ffl
200m
200ffl
200m
125m
125m
125m
125m
125m
200m
125m
200m
2Q0»
200rn
2.5
I
25.1
2.5
2.5
6.3
6.3
6.3
6.3
2.5
2.5
2.5
2.5
2,5
6.3
2.5
6.3
6.3
6.3
2.63
1.37
22.3
1.40
1.81
1.25
1.67
2.30
1.23
1.31
1.12
1.28
1.28
1.25
1.14
1.92
1.09
1.21
1.44
143,100
214,700
10,200
1,342,700
22,300
78,700
2,071,600
1,302,900
1,070,000
139,900
639,400
852,700
267,100
436,500
193,500
42,400
340,400
1,004,100
29,300
2
5
4
4
3
5
4
5
4
4
2
1
4
5
2
3
4
4
5
BCR Numerical
population target
objective (rounded)
Current pop
2 Xpop
UXpop
1.4Xpop
1.1 pop
2Xpop
1,4 X pop
2 X pop
1 .4 X pop
1,4 X pop
Current pop
Current pop
1.4 X pop
2Xpop
Current pop
UXpop
1.4 X pop
!.4Xpop
2Xpop
140,000
430,000
14,000
1,830,000
25,000
160,000
2,900,000
2,600,000
1,500,000
196,000
640,000
850,000
370,000
870;OQQ
190,000
47,000
480,000
1,400,000
59,000
Notes: Area of BCRI4 is 358,697 km*. Pair adjust •* 2 for all species. For descriptions of
detection distance categories, BBS effective sample areas for each species, pair adjustment, time-
of-day adjustments and population trend (PT) scores, see Methods.
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Table 4. COMPARISON Ot TOTAL LANDWRB DENSITY PROM BREEDINO Brno CENSUS (BBC)
PLOTS Vs ESTTMATBS BASED ON BSEEWNO BIRD SUJWEY (BBS), FOR BCRs 13 AND 14
BCR BBC BBClandbirf BBC density weighted BBSlaodbird Ratio
plots
(N)
density
(prs/km2)
by habitat in BCR
(prs/ta2)
density
(prs/kin2)
BBC/BBS
BCR 13 204
BCR 14 93
592
632
506
621
198
210
2.6
3.0
Note; Estimates are for Canadian portions of the BCRs.
Rosenberg and Biarscher 27
Figure Legends:
Figure 1, Schematic of a BBS route, illustrating how the 50 roadside points, each sampling out to
a distance of 400m, can sample a maximum of 25.1 km2.
Figure 2. Distribution of detections across 50 BBS stops for four species with contrasting
temporal patterns. Lines are 6* order polynomial recessions fit to the data. Numbers are time of
day adjustments (max detection / avg detection) used in population estimates.
FigureJ. Brown Thrasher pair estimates in 10 x 10 km squares in the Ontario portion of BCR 13,
from the Ontario Breeding Bird Atlas, 1981-1985.
Figure 4. Comparison of BBS- and Atlas-derived population estimates: A. Ontario portion of
BCR 13,1981-1985; B. Maritime provinces (BCR 14), 1986-1990. Line shows equal BBS and
Atlas -values. LandbMs with atlas estimates from 25^- atlas squares and found on 1 or more BBS
route are included.
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Figure I
Each BBS stop is a too m (1/4 mile)
radius "point count"
SO Mops • 25.1 Km2
i A. Whip-poor-
22,3
D. Broad-winged Hawk
2.63
Hlllllll
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Figure3
Figure 4
Brown Thrasher Pairs
• 0
• 1
* 2-10
• 11-100
* 101-1000
10,000 100,080 1,000,900 lO.OW.OOO
Atlas Paira
]0,000,0(»
1,000,000
e
2
1,000
10,000
Atlas Pairs (Etskine 1992)
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Subject: Re: Recant TN permits
On 11/4/03 4:56 PM, "Doug SkkfeHf From: Melinda Weiton
> Date: Mon, 03 Nov 2003 09:38:41 -0800
> To: Doug Slddell
> Subject Recent TN permits
* Doug
> Just a reminder. When we talked a couple of weeks ago you indicated that you
> would be able to send ma a list of the surface mining permits in the
> Cumberland Mountains issued since
> December 2002 wfth ttw permitted acreages and ths estimated actual surface
. > disturbances.
> Thank you in advance for your 8ms to do this.
> Cheers
> Melinda
BRADEN MOUNTAIN SURFACE MINE
CAMPBELL AND SCOTT COUNTIES, TENNESSEE
1 PURPOSE AND NEED FOR ACTION
In November 1999, TVA approved a m!nir>g plan submitted by Gafilff Coal Company for
mining TVA-owned coal in the Koppers Coal Reserve In Campbell and Scott Counties,
Tennessee. Most of (he laid surface over the Koppers Coal Reserve, including the area of
the approved mine, is within the Royal Blue Wildlife Management Area and owned by
Tennessee Wildlife Resources Agency (TWRA). Ths mine, known as Breden Mountain
Area No. 16, had a permitted area of 66-",.5 acres and would haw used a variety of surface
mining techniques. Gatiiff had previously been issued the necessary approvals for the
mining plan by fha Office of Surface Mining Reclamation end Enforcement (OSM) and the
Tennessee Department of Environment and Conservation. As pat of te approval process,
OSM completed an Environmental Assessment and Finding of No Significant Impact (OSM
1999). TVA cooperated with OSM in the preparation of this EA, conducted its cnvn
independent review of Ms EA, and adopted this EA and issued its own FONSI as part of its
NowWber 1999 Approval (TVA 1899),
Shortly after the November 1999 approval and before the initiation of mining activities,
Gatiiff terminated Its lease agreement with TVA because changed coal market conditions
had wade the proposed nJinftg operation uneconomical, O^M placed Qattlff a raining
permit In Inactive status.
Recent changes In coal market conditions have made the formerly proposed mining
operate mow economically attractive, TVA therefor® proposes to writer ffito a new tease
agreement that would result In mining coal in tJ-.e Braden Mountain area. This EA evaluates
the environmental impacts of the tease agreement and resulting coal mining operation, and
supplements ih« EA prepared by OSM and adopted by TVA In 1998. It also addresses
teues that haw arisen since 1999.
2 ALTERNATIVES INCLUDING THE PROPOSED ACTION
2.1 Th« Proposed Action
TVA proposes to enter Into a '.ease agreement with a coa! mining company that would result
In the mining of WA-owned coal h ths 8rad«rt Mountain area. The rnWfif operations
would be carried out as described in the mine plan previously submitted by Gatiiff Coal
Company (Sat* Coal Company 1998). The mho would produce about 300,000 tons of
coal per year over a 7.4 y«ar paled, tot m toial production of 2,232,817 tons. Major
features of the mine am illustrated In Figure 1.
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Figure 1. Major features at the proposed Bradan Mountain surface mine
Aa decribed in the Gatfiff Coal Company mining plan, coal would be mined from five seams
- Upper Pine Bald, Lower Pine Bald, Penes, Wsinut Mountain, ana Red Ash. Mining
techniques would inetutte contour mining, cross ridge mining, second cut mining, s* «O®r
mining. the mine permit ares, as ttefced by QSM wguiations, 1*664.6 acres. Thaareaof
surface disturbance, Including reads, settling ponds, and Ms, totals 526.5 acres. Haul
roads would occupy about 86 acres, and light duty access roads to sediment basins would
occupy B acres. Contour, cross ridge, and second cut mining would disturb an area of
320.6 acres. Augur mining would occur on 138 acres, on which there would be MHe surface
disturbance.
Fill areas for excess overburdsn would total 80 acres. Four fill areas totalling 22.1 acres
would be on old orphan mine benches, mostly on the 2300-foot contour. Six fill areas
totalling 33.Z acres would be vBiley fills. The largest vaiiey M would be 9.8 acres, and
portions of two of the vaSey ffis would be on abandoned mine benches. The remaining four
fl areas, totalling 34.7 acres, would be Eoc&ted wBhln newly mined areas. Twenty-five
sediment basins, ranging from 0.4 to 1.8 acres in size, would bs constructed. Seven of
these sediment basins would be within newly mined areas. The 18 other sediment ponds
would have a total area of 18 acres; 14 of these 18 ponds would ba on abandoned mine
benches.
Almost ail of the proposed roads outsida of the area to ba mined follow existing roads.
Most of these roads would be ragraded and many segments would be widened. About 0.6
mles of new road would to constructed between Elk Sap on Highway 297 and Braden
Gap.
Hydraloglc impacts would ba minimized by measures described In a Hydraloglc
Reclamation nan submitted as part of the Gatliff mine permit application. Hauiroads would
be constructed with durable material and -culverts would be installed. Disturbed areas along
roads would be quickly revegetated. At runoff torn Ins actual mine site would ba diverted
by terms, drainage ditches, and natural drainways to sediment basins. Sediment ponds
would be designed for a 10 year/24 hour precipitation event and haw discharge structures
to maintain a steady ftovsr after pftsdpftattofi awsnts. Alternative sediment control devices,
such as hay bales and fl«®r febrte fence, wouW bs utBzed durirtg early construction
aotivifcs before bsstos «m completed. Drainage structures would be lined wBh grass or
rock as necessary, and incorporate splish ponds to control erosion. Storage of ooa! on the
mins site would be minimized, and runoff from temporary coal stockpiles would drain to
sediment basins. FIB areas would be constructed with diversion channels around their
perimeter* and rock drains beneath the flife to routs both sufraca runoff and ajttundanster
flow to sediment basins. Sediment basin discharges would bs monitored and treated as
necessary to meet effluent limltaibns.
Miriet®dimattav»mildb«conternpowt»ousv*hrolntaa, BaaMHng of spoil would be
used to eliminate highwails and return the area to approximate original contour. Topsoil
would be s«gr»fl8ted daring rriMng and redlstributsd over «rt» area during redamallon. The
poetminina tend us* would bs wildlife twMat RsvegeteBan msasurw to he implem«*d
at the request of tt» TWRA snd the U.§. FWi and Wildlife Service include pfanflns warm
season grass»» on 20 sews of flat met® on top of the vatoy fHs and pfenting 12.5 acres in
hardwood spoctes that vwuM raatuw to provide potential bat roostine; ttwa. Acoeptabte
soediis Inciucle poat o»k, chesftiu* oak, pemfmmen, northern red oak, white oak arid
wwtooth oste sawtooth oak would not compose more than 28 percent of the plantings. An
additional 14 acres would ba planted In a mix of trees and shrubs. Both Bio hardwood
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plantings and tho trae/shrub plantii>gs would to in discrete Mocks distributed across the
mine MM. Thetwnttnd»ctthaan*a»ou!dbeplanted**amWumofgrassesand
taeumes. Sediment tmslns would be retained by TWRA for wildMa habitat enhaneenwnt;
some basins may be niodiSed to enhance their wetiand characleristics.
2.2 Alternatives to the Proposed Action
Under the No Action alternstive.TVAwouM not enter Woo lease agreement Tor the mining
of TVA-owned coal in the Braden Mountain area. The coal would not be mined as
described ebove and TVA would not receive royalty paymants. _ '
3 AFFECTED ENVIRONMENT
3.1 Vegetation
The project area lias within the Cumberland Mountain subprovlnce of the Cumberland
Plateau Physiographic Province as described by Fenneman (193S). It b also within the
Mixed Masophytlc Forest Region as defined by Braun (19SO). Historically, forests of this
region were dominated by a mixture of deciduous trees including several oaks (northern
red, white, black, scarlet, and chestnut oaks), red maple, sugar maple, yellow-poplar,
basswood, cucumbertree, Mack cherry, yellow buckeye, sweet birch, Mackgum, white ash,
and, formerly, American chestnut. Pines occur on some south- and west-fadng ridges and
hemlock often occurs in stream bottoms.
The project area Includes too peaks on Sraden Mountain, with elevations of about 2640
and 2700 feet. The surrounding topography Is steep and rugged. Most of the area has
been previously disturbed by togging and/or coal mining. Deep mining has occurred in tt»
area, although relatively little evidence of this disturbance remains. Abandoned contour
surface mines surround much of Braden Mountain at about 2300 feet elevation. These
mines are generally less than 100 yards wide and mosBy reforested Larger abandoned
surface mines are present between about 1900 and 2150 feet elevation on the south side
of Braden Mountain and between Braden Mountain and Highway 63. These mines are
partially wvegetatad.
The dominant vegetation type Is upland hardwood forest Forests on Braden Mountain
range from sapling to sawtimber-size. A large portion of the southern Braden Mountain site
was logged In about 1999 to prepare tor raining by Gafliff Coal Company. This area Is
vegetated by a mixture of hardwood sapfings, pole-sizod trees and scstisrod snags, and
has a dense shrub layer dominated by blackberry and pokeweed. Forests on the rldgetops
and south and west slopes are dominated by scarlet and chestnut oaks, mockemut history,
red maple, end sourwood. Common uaderstory species found In these forests Include
mountain laurel, flame azalea, plnxtor Rower, greenbriar. and Christmas fern. Forests on
north and east slopes support mom mesic speciss including yellow-poplar, yeSow buckeye,
white oak, northern red oak, sweet birch, cucumbertree, and basswood. These forests
have a rich herbaceous understory; common species Include Mack cohosh, wild ginger, and
painted trfltum. Dominant trees on the abandoned mines ore black locust, yellow-poplar,
and red maple; Virginia pine, shorfleaf pine, and white pine are also present. Many of the
pines have recently died from southern pine beetle infestation.
The distribution, estimated ag« class, and composition of the forest communities in the
project area are representative of the greater Cumberland Mountain region {Smstoy 1984;
HinMe et al. f 888). Review of all natural communities thus far deRnsd In ihe Internafflonal
ClassWeaflon of tcologleal Communities Indicates that none of the plant communities are
current^ considered to bs Imperiled {hav» been assigned a global conservation r«nk of (31
or £32; NstaBServe 2002). In summary, no plant communities of state, regional, or global
significance occur within the project area.
3.2 Wildlife
The primary wildBfe habitat fet me Bmden Mountain araa consists of upland hardwood
tore* Previous mining and timber harvwHng tetivitos have resulted In an overall mixture
of ag® classes of trees In most Ibrest&d portions of the study araa. Age classes range in
ag» torn mined sapling and pole-sized sands to mature sawttoibeMlzad, second-growth
forest Mast producing trees such as hfcfcortes and a variety of oaks are common in the
project area. Other prominent tee speciss in the area Include yellow-poplar and red msple.
A portion of the area (described in Section 3.1) was logged in about 1999 In preparation for
ttie mining proposed by ©atfiff Coal Company. Roads, partSaUy vegetated abandoned
surface mines, and exposed rock h^hwafe provide additional sally successtonat habitats.
Prominent spedes of plants In these early successions! habitats include princess tree,
redbud, black tocust, elderberry, and blackberry.
As part of the Royal Blue Wildlife Management Area (RBWMA), the study area is managed
for wildlife such as white-tailed deer, wild turkey, gray squirrel, raccoon, quail and ruffed
arouse. The Tennessee VWWiife Resources Agency (TWRA) has recenfly reintroduoed elk
and bear Into HBWMA. Elk sign was observed in the Bmden Mountain area during field
investigations. Slack bear are occasionally sighted In the lower elevations of RBWMA.
In addition to the game species toted above, other common mammals In the project araa
Include gmy fbx, easterh chipmunk, woodlsnd vote, whit&^oted mouse, house mouse, big
brown bat, red bat, and short-tailed shrew. Reptiles and amphibians observed within the
ares include eastern box turtle, green frog, teopard frog, gray te® frog, Hvs-Hned skink,
fence lizard, red-spotted newt, American toad, garter snake, and black rat snake. A few
small ponds OR abandoned mine benches provfde hatoiat for several tpactes of
amphibians. Northern eopperhaad and timber rattlesnake were also observed during fctd
visits.
A tew abandoned mine portals occur wtthta t» Braden Mountain permit area. These cave-
like environments can provide habitat for numerous speciss of small mammals, such as
whte«footed rnfca, and several species 8f bats. BWs »ueh as eastern phoebe and Carolina
wrens also frequently build nests In mine openings.
The permit area supports a diverse bW population, eemprtesd mostly of taresMweina
species. About hat of the spproximaMy 5S spscies of birds breeding In the mine permit
area are nsotraplea) migrants which winter In tt» Caribbean and Lafln America. The most
abundant speetos present in pole- to sawftnber-stesd torest are, In descending order of
abundance, th« nkMyed vimo, ownbW, csrutean warbler, scarlet tanaoer, Amarictn
redstart, btek-arufrwhita warbter, and hooded warbter. Indigo bunings, eastern townees,
and northern cardinals «re common In forest edges and in the porton of Braden Mountain
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cutover 3 to 4 years ago. Other birds typical of early successfenal habitats occumng In the
cutovet area am the cnestnut-sldaij warbler, yellow-breasted chat American gotditoch, and
field spairow. Several birds more typical of later sueeessfcral forest Including (he red-eyed
vireo, btaek.«id4Mte warbter, hooded warbler and Kentucky warbtef also occur In the
euiover area, especially around Its perimeter.
3.3 Endangered and Threatened Species
3.3.1 Plants
Review of tie TVA Natural Heritage and the Tennessee Division of Natural Heritage
Program databases revealed that Inree tedsraly listed and 37 additional state-SsW plant
species am known tan Campbell and Scott Counties, Tennessee (Appendix 1). Trrase
species lists termed -bii
fitotoma rasgMw
Synaptomys caop&rf
InNoodof
Management
In Need of
tn'Meed'oF
in Meed of
Managemsnt
In Need of
Management
Managametit
Ccmcsun*
Endangered
Management
tnWwJof
, .,,. -,.,. .- MKngggaunt ......
•Management Concem Is a non-raflBlatory status hdfcaSns sonoem tor the species.
Eight protected spades of birds
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A colony of red-cockaderl woodpeckers occurred in the eastern portion of RBWMA from at
toast the 1870s Wo the early 1980s, this species requires large anas of mature to old
growth pines. No suitable habitat exists In the vicinity of Braden Mountain, and ttie
woodpecker is now considered by TWRA to be extirpated from the Slate. There an two
raws of Bewick's wren In Tennessee. The Appalachian race formerly nested In Campbell
Coynty, however Its numbers have dropped drastically. The Appalachian Bewick's wwn no
longer exists in much of east Tennessee. The Bewicks wren Is reported from middle and
west Tennessee, where It occurs In open woodlands, upland thickets and fencerows In
agricultural areas (Nicholson 1997;. This species has also recently declined in numbers.
Neither subspecies cf Bewick's wren is expected to occur In the project area.
Four state-listed species of birds potentially occur in the vietoity of tie project am*.
Swainson's warblers are rare summer residents of RBWMA. The species Is occasionally
observed along Cove Cre«k. The Swshson's wattter is associated with extensive thickets
of rhododendron or in thick vegetation along waterways. Limited suitable habitat exists in
the project area. Peregrine faicons iikely migrate through tha project area. The species
historically nssted on cifls In eastern Tennessee. The species likely nested wittln 18 mtea
of Braden Mountain In 1950s (Nicholson 1997). Exposed hkjhwalls at Poteet Gap would
provide marginal habitat lor this species. Sharp-shinned hawks are uncommon in the area,
but couid be found in th® project area year round. It is most numerous during &e fail and
spring, when the species migrates through the area. It typically nests in pines within mixed
pine-hardwood forests, and forages in open forests and forest edges. Bam owls prefer to
nest in semi-forested bluffs, hdlow trees, and old buildings. HighwaBs In the Poteet Gap
area represent suitable nesting habitat for this species.
Two state-listed species of warders, the golden-winged and the cerulean, nest In Bis
project area. The goiden-wnged warbler is fairly common in the Royal Blue area and
occupies old fields and revexjetated surface mines with a ground cover of grasses and
forbs, dumps of shrubs, and scattered trees. Potentially suitable habitat for this bird occurs
on a reclaimed surface mine a short distance NNW of Poteet Gap; no golden-wings were
observed in this area or elsewhere within the ISraden Mountain mine permit area. The
grass/forb ground cover on the recently logged southern portion of the Bradan Mountain
sit® is not extensive enough ta provide habitat for fha goidefcwinged warbler.
The cerulean warbler is a common summer resident of mesic hardwood forests in the
Cumberland Mountains. It occupies mixed age to mature stands, usually with an open
understory and scattered canopy gaps. It reaches some of its highest rangewide densities
In the Cumboland Mountains (Nicholson 1f 97) and Is ons of the most numerous songbirds
on RBWMA (Nicholson unpubl. data). Cerulean warblers have been reported on 8 bird
census plots containing suitable forest habitat on or adjacent to RBWMA. Their density on
these plots ranged from 5 to 61 pairs/100 acres (12 to 125 pate/100 ha) and averaged 25.8
pairsrtOO acre* (64 pairs/100 h») (censuses puWlsrted in AuOuboa flew Notes and
American S&tfs; Nicholson unpubt. data).
During May and June 2002, cerulean warblers were recorded at 26 of 43 point counts
conducted in the Bradsn Mountain n*e permit area. The proportion of counts recording
cerulean warblers, S0%, is very similar to tie proportion of a larger sample of point counts
(220 of 357,62%) censused In the portion of RBWMA west of t-TS in 1998-1997. Assuming
that the proportion of point counts recording cerulean warblers is Indicative of fte proportion
of the area occupied by cerulean warblers and the average density within occupied areas is
25.8 pairs/100 asms, about 104 pairs of cerulean warblers likely occur within the 66S acre
Braden Mountain mint permit area.
Several protected species of bats are known from Campbell and Scott Counties. Eastern
big-eared bats form colontes In hotow tr»«s, crevices in sandstone blufte, cisterns, and
abandoned buildings. Eastern small-footed bats roost in abandoned mines, under rocks in
talus slopes. In crevices in bluffs and expansion joints in bridges. Both species forage In
forested habitats end usually hibernate in oaves. Suitable roosting and foraging habitats for
big-eared and small -footed bats are present to the Braden Mountain area.
The endangered gray bat Is known turn Campbell and Scott Counties. Gray bats occupy
caves throughout the year. Summer roosts are usually formed in cavc-s near water. Gray
bats typically fciraos over larger streams, rtwrs, and reservoirs. During winter months, they
migrate from their summer colonies to hibernate in cooler caves. Gray bats have been
found hibernating in New Mammoth Cave, approximately 7 miles from Braden Mountain.
The endangered Indiana bat form* small roosts under the exfoliating back of dead trees
during summer mon$t& Several species of trees that have flaky bark, such as whits oak
and shngbark hickory, are also used as roost sites. Roosts Mas may be found in riparian
or upland forests new streams. There are only a tew small maternity colonies known from
Tennessee. No colonies are known from the RBWMA, but forested areas in the project
area are suitable far Indiana bats. Indiana bats hibernate in caves during winter months.
Approximately 85% of the total Indians bat population roosts in 7 caves north of
T&nnessss. The remainder of foe population forms smslt colonies in caves throughout the
species range. Including several sites In Tennessee. A small colony hibernates in New
Mammoth Cave.
Abandoned coal mine portals can provide potential htbwnaUng sites lor both the gray bat
and ths Indiana bat One such site, on a northeast slope of *)» southern portion of the
Braden Mountain ate, was surveyed In January, 1999. The site was found to be too warm
to b® used as a gray bat or Indiana feat hibemaculum. Two otrter portals occur on
abandoned mine benches at about 2300 foot elevation; one of these is on ths northwest
steps of trie southern porBon of th® Braden Mountain sits and the otiw la on the east slope
of the northern portion of the Braden Mountain site. Due to the lack of open water
resources and the took of roosflnfl caves, gray bats are not likely to roost or forage on the
Braden Mountain site.
Several species of stats-feted small mammals are reported from Campbell and Scott
Counties. Smoky, common, and soufceastem shraws have am typically found In cooler,
motet forests with a eiiek-ieaf litter layer and moss-covered rocks, fallen togs, and other
woody debris. ThaaesmaB mammals are usuaBy found in association with owsks,
streams, or moist areas. Smr8i®ast«n shrews are less constrained by habitat.
requirerrwnts than other shrews and can be found in a varWy of habitats. Most habitats In
the RBWMA are suitable for these species, especially smoky and southeastern shraws.
Allegheny woodrats are typteaBy found along rock outcrops, in caves or mines, usuafiy in
f ornstad areas having a high degree of woody debris and teaf litter. Th«e are no records of
woodrats from th» project site, however, suitable habitat for this species exists atong the
many forested highwalls and rock outcrops on the Bradan Mountain site.
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Woodland Jumping mice, hairy-Wad mote, and bog lemming exist In suitable haWtais on
thaRBWMA. The species am ususly«»ctmt8dw!tti moist habitats. Jumping mice are
found in forested or brushy areas along streams at ttie margins of wefjand habitats. Hairy-
tailed moles In the v!dn% have bom wllscte! under decomposing top In boss, moist soil
(ABsbrooks at al. 1983). BOJJ temirtngs have ate) bean cotoeted in simitar habtets. These
species are expected to exist In suitable habitats In the project area.
3.3.3 Aquatic Animals
Activities In the proposed mine poririt area could affect several named perennial and
Intermittent streams ftat support atjiatie lite. A saareh of fce TVA Regional Natural
reported torn Campbell and Scott CounSss (Table 2). This section provides briaf
descriptions of ihe stabs of these species in the project area.
TaWa 2. Endangered, threatened, or otherwise listed aquatte animals reported from
Campbell and Scott Counties, Tenne
Common Hams
Cumhatlaniten eornbahea
Green fofossam pesrlymusse!
LrUIewing peariymusse!
Cumberfaml bean
Emerald darter
Ashy darter
Arrowdartar
CMmbedand Johnny darter
Palazone shiner
Tippeeanoe darter
Si5v@i|aw Minnow
Scientific Name
Epioklasmabreviaans
Sploblasma tomtom
Sfteosfbma Spp&c&oo&
Phoximts
cumterfantfensis
State status
Endangered
In Need of
Managemant
in Need of
Management
Endangered
Endangered
in Nead of
Management
InNesdcf
Mariageinent
federal
Status
Endangered,
Endangered
The ermraM darter, arrow darter, and blackside dace have all been recently reported in
Terry Crsek, a tributary to Bk Pork Creek, aid In Straight Fork Creek and its Jake Brand)
tributary. The headwater portions of these streams drain portions of the proposed mine
permit area. None of these spades, or other listed aquatic species, have been reported
from
-------
Laudem* and Ciceretto 1998). it Is not Known from streams In tie Straight Omsk, Cove
Creek, or Bk Fork drainages, and Is not lk«ty to occur In any steams potentially Impacted
by (Ms project
The ashy darter Is (mown from several trtbutsrfas to the New River nearthe project area. It
Is typically found to small to medium upland rivers with bedrock or grwel substrate and
staflglsheurwrtspnter and Stames 1993). It te also known from a fwofter tributaries to
the Cumberland Riveras wen as a few tributaries to the Tennessee River in Tennessee'and
Kentucky.
The rosytes shiner typlcaly Inhabits large weeks ana small risers with dean water and
substrates consisting of rubble, boulder, or bedrock. Although this speetas Is more tolerant
of sillation HIM ottior related spedes. It is particularly susceptible to degradation of water
quality ratsuHng from sKatton, tade runoff, and add mine drainage fcom coal mines and
poor land use practices. The subspecies of routes shtow that occurs on the Cumberland
Plateau (Notropis rubelhs rubsilus) is particularly threatened by habitat degradation.
3.4 Surface Water and Aquatic Ecology
Tha proposed mlna area is located within the Cumberland Mountains subprovlnee of the
Cumberland Plateau physiographic province. Larger streams In this Kjbprovtnce tend to
have moderate to low gradients and flow In well defined valleys. Examples include Elk Fork
Creek, Buffalo Creek, and Cove Creek. Smaller streams drain mountain slopes and tend to
have moderate to htjjh gradients and a substrate of boulders, cobble, and gravel. Many
streams in the Cumberland Mountains have been degraded by slttafcn and add mine
dralnaga from unreclaimed or pooriy reclaimed coal mines. This situation has amefcrated
somewhat In recent years. Otherwise, waters In the subprovince tend to be soft and tow In
dissolved nutrients.
The proposed mine sits Is located within the headwaters of three watersheds: Buffalo
Creek, Sk fork Cmk, and Straight Fork. A portion of th» haul roads within the proposed
mine permit area are within the headwaters of a fourth watershed, Cow Creek. Buffalo
Creek, through its Rockhouse Fork, CoWns Branch, Uek Branch, and Crabtrae Branch
tributaries, drains the west tide of the site. Buffalo Creek Is a tributary to the New River.
Bk Fork Creek, a tributary to Clear Fork Cumberland River, drains the northeast portion of
the site via Its Terry Creek, SMhouse Branch, Frogpond Hefcw, arej Hudson Branch
tributaries. Much of the southern portion of the ste drains to Straight Fork as wefl as Its
Jake Branch and Cross Branch tributaries. Straight Fork Is a tributary to Buffalo Creek.
Water use classifications of the streams draining Me proposed mine permit area are fish
and aquatic life, recreation, irrigation, and livestock watering and wildlife. Cove Creek has
to additional use classification of industrial and domestic water supply. There am no
surface water users within or adjacent to the proposed mine permit ana. The closest
domestic groundwater resource is about a mile from the proposed mine site and much
lower than potentially affected coal seams.
A 3.9 mile stretch of Elk Fork Creek near jellioo is listed on the state of Tennessee's 2002
draft Clean Water Act 303(d) list m partially supporting use classifications (TDEC 2002).
The causes of these exceedances of water quality standards are siiiation and other habitat
alterations resulting from abandoned mining. Straight Fork Creek and Its tributaries are
also listed on ft® 303{d) list as partially supporting "* dasslfcaflons. The causes of these
exceedances of water quality standards are pH and other habitat alterations, resulting from
resource extraction and habitat modification.
The portions of these steams wit* the mine permit area aw Intermittent or wet weather
conveyances which are dry most of the year. Five of the eight fritwmiBent streams were
towing or wet during June 2002. Evidence of aquatic lifa (caddisflies, mayflies.
chlronomids was present during June 2002 In an Intermittent tributary to Frogpond Hollow
on the northeast slope of the northern portion of Braden Mountain, and in an intermittent
tributary to Jate Branch on the east stops of tie southern portion of Braden Mountain, The
Frogpond Holiow tributary flows from several separate channels which converge on an
orphan mine bench and the Jake Branch tributary flows from a pond on an orphan mina
bench. A few ponds, some of which are ephemeral, occur on orphan (34., abandoned)
mine benches within the mine penult area. These ponds are occupied by aquatic insects
and several spedes of amphibians.
The aqyaSe community In Cove Creek at trite 18.2 (about on» mt» above Cove Lake) was
sampled by TVA In May 2000. The fish assemblage, comprised of 15 spocins, was rated
fair compared to what would be expected in such a stream under ideal conditions; the
benthic assemblage (bottom-dwelling invertebrates) was rated good.
Results of surface water quality monitoring within potentially affected streams are presented
in the 1999 mine permit application (Sattlff Coal Company 1999) and In Cumulative
HydrdoglO Impact Assessments prepared by OSM (OSM 1999). Water quality In these
streams Is described as reasonably good. Coins Branch, Rockhouse Fork, Cross Branch,
and Jake Branch show Impacts front past coal min&ig based on moderate to high
concenfratiQns of suifate (up to 1 SO mg/l). pH levels In sampled streams are near-neutral
(5.5 - 8.0}. Total dissolved solids, dissolved Iron, and dissolved manganese levels are
beiow Environmental Protection Agency (EPA) standards except for the Straight Fork
watershed, where both total dissolved soBds and dissolved rhanganese standards are
3.5 Managed Areas and Ecologically Significant Sites
The land surface of the Braden Mountain area to within the 43,620-acre Royal Blue Wildlife
Management Area owned by the TWRA. TWRA purchased the area in 1981 after leasing it
for many years *e» several previous owners. Trie WMA Is managed for hunfag and other
forms of outdoor recreation Including wMlfe observation, off-road vehicle operation, hiking,
and heraa riding (TWRA 2001). Several habitat rranafl«W«nt projects have been
undertaken in cooperation w» organizations such as Quail Unlimited, the Na«onal Wild
Turkey Federation and he Slate Division of Mine Reclamation.
Popular game spedes on RBWMA «M whits-taHed dw»r..wiW turkey, rutad grouse,
raccoon, and squirrel. TWRAbeaanreleastag^kwRWvMAInauWaspartofanelk
restoration project centered on the Cumberland Mountains and adjacent parts of ths
Cumberland Pktesu.
The Smoky Mountain segment of the Cumberland Traii, a linear state park, runs through
RBWMA, At Its closest point, tie Cumberland Trail Is about 7 miles from «ie proposed
mine permit area.
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RBWMA is also one of two publicly owned Bads within the Southern Cumberland
Mountains Important Bird Area (ISA), which encompasses 141,000 acres in four counties
(National Audubon Society 2002a). Th« Southern Cumberland Mountains ISA te notable
for its high populations of the cerulean warbler and trio golden-winged warbler, as wall as
the presence of many alter species of migrant and resident birds. The !BA program Is an
international effort to identify the most important areas tor malntahhg bird populations and
focus conservaaon efforts on these sites {National Audubon Society 2002b). It Is
administered In the U.S. by the National Audubon Society and In Tennessee is
administered by TWRA In eooperaSon with the Tennessee Orrtfcotosteal Society and two
Audubon Chapters.
The Cumberland Forest Public Hunting Area (PHA), a rnosHy forested area of 76,006 acres
owned by International Paper, adjoins mush of the west sids of RBWMA. PHAs are
managed through a cooperative agreement between land hoMing compasses and TWRA.
Forest lands owned by International Paper are managed to provide lumber, paper, clean
water, Improve wildlife habitats and to create recreational opportunities for the pubiic. In
August 2002, TWRA announced its acqu&sltlon of this property through a lolfit effort with
The Conservaflon Fund, Renewable resources Inc., and International Paper.
Stinking Creek, a tributary to the Dear Fork Cumberland River, Is listed on the National
Rivers Inventory maintained by the National Park Service. It Is described in the Inventory
as a rural, scenic stream flowing through the unique Cumberland Blade geologic formation
(NPS 2002). The headwaters of Staking Creek are about 2 miles east of the project area.
None of the proposed mine permit area drains to Stinking Creek.
3.8 Visual Resources
Ths physical, biological, and cultural features of an area combine to mate the visual
landscape character both idanfifSaole and unique. Scento Integrity Indicates the degree of
unity or wholeness of the visual character. Scenic attractiveness is the evaluation of
outstanding or unique natural features, scenic variety, seasonal change, and strategic
locate. Where and how the landscape Is viewed will affect the more subjective
perceptions of Ss aesthetic quality and sense of place. Views of a landscape are described
in terms of what is seen in foreground, mlddleground, and background dis^nces. En the
foreground, an area within one naff mile of the observer, details of objects are easily
distinguished in th© landscape. In fit® middleground, normally between a mile and four
mJes from the observer, objects may be distinguishable but tfieir details are weak and they
tend to merge into larger patterns, Datafe and colors of objects h the background, the
distant part of the landscape, are not normally discernible unless they are especially large
and standing alone. Th« Impressions of an area's visual character can have a significant
Influence on how it is appreciated, protected, and used.
Landscape character gives a geographical area Its visual and cultural image, and consists
of ths physical, btotogkal, and cultural aUrlbutes that makes each landscape identifiable
and unique. The general landscape character of fte proposed mine permit area is
described in the following paragraphs.
The northern portion of the Braden Mountain area is situated between Wesley Gap and
Braden Gap. It is heavily wooded, Smiting viewsheds to adjacent land areas. Bsvatlons
range from about 1850 to 2700 feet at the site of a former lookout tower along the highest
rldga. Access to the site Is from the south off of Highway 83 at Poteet Gap or from the east
off of Highway 297 at Bk Gap. Both access toads are unimproved; traffic along these
roads to limited to seasonal hunters, off-road vehicles, and other recreation users. Then
aw no residents In the Immediate mine area; a few occupied houses occur along Highway
297 near Bk Gap.
Narrow abandoned surface mines surround much of the area at about the 2300 foot
contour. These mines are mostly revegetate
-------
included shovel testing, was conducted in June 2002 (Pietak and Holland 2002}. Three
Isolated Buds, none of which tre eonsfdensd potewisilfy «BgWe forfeSng OR the NRHP,
were observed. The survey also MenSfed two rockshelters with a potential for
archaeological resources to be present. Phase II testing was conducted at these '
roekshetere in September of 2002, Arewgsdogleal matetW Indteaftw of bitef prehistoric
occupation was ooltecsjd at each of tt» rodfsheitBS, which we» doste«t«l as
archaeologies! s«e« 40CP134 and 40CP13S. The limited quanSry of material yfeWed
insofffdent data to make either rock shelter eligible for listing In the NRHP.
Thwa are 4 historic properties toted on th* National Register of Historic Muses in Campbell
County and 5 in Scott County. Mono of these properties are located near the project area.
4 ENVIRONMENTAL CONSEQUENCES
The following secSons describe the likely environments! consequences resulting from tin
proposed action. The potential cumulative impacts of the resulting coal mining are
described in Final Environmental Impact Statement, Comprehensive Impacts of Permit
Decisions Under the Tennessee Axteral Progrt m (GSM1185). In Its note of adopter) of
9* FSS (65 Federal Register 23338. Jam 1,1990J, TVA determined that the potential
cumulative environmental impacts of 039! loafing were adequately assessed. Additional
Information on potential cymolafive hydrdogic impacts Is presented In 81® Cumolative
Hydrologic Impact Assessments prepared by OSM (OSM 1999) and described bolow.
Under the No Action Alternative, the leasing «nd surface mining of coal In the Bradon
Mountain «f»8 «w«W nrt occur and royalttes on the TVA coal would not be paid. The area
would confirms to be managed as psrt of Royal Blue VWWIlfa Mansgemenf Area by TWRA.
4.1 Vegetation
The proposed action wou Id result 61 f h.e disturbance of vegetation on about 527 acres of the
664.S acre mind permit area. The proposed mina permit area is a mixture of recently
harvested forest, dominated by saplings tat strata, abandoned mines in various slagss of
revsgeiation ranging from iierbacious and shrub communities to pole-sized forest, and
more mature forest dominated by oak-hickory and mixed mesophySc forest types.
Although no plant communities of state, regional, or global significance occur wfihln ths
mint area, the proposed action would mutt in long term changes to site vegetation.
Vegetation within areas to be mined as wait as flt areas and sedtowt pofOs, would ta»
removed. As the area is reclaimed, ground cover, shrubs, and trees will be replanted.
Most of ths ama will ba r^jlantsd w*i * mixture of grassas »nd Jfcflurnesi «ueh as
orchardarass, anniffll rye, teflno clowaf, and r«d etewr,. Portions of ti® area will tao planted
with native warm season grassess, in biocks of shrub/tree mixes, or in blocks of deciduous
trees dominated by oaks. Following the completion of reclamation activities and bond
release, flw Miegetofen on the mine «te would b® managed by TWRA, (nthastseneaof
aott« management, areas of grass snd hwbgoteus coverwould evwiturtly rwert to forest.
Several invasive, non-native plant specfes aw already established in RBWMA, party m a
result of previous surface mine reclamatior: activities. Such species considered to present
a severe threat to native plant communitias such as sericea lespedeza and autumn olive
would not be used in revogetating the proposed moie. Trie proposed action would not
rasull in the introduction of any invasive spectes to RBWMA.
4.2 Wildlife
Under the proposed action, atwut 527 acres would be modified during constoiction and
operation of the mine. Haul roads would occupy 86 acres; most of the haul roads are
existing, and impacts of widening thete roads woaW be minor, Of fce remalnSjg 44( KBTBS,
about 100 acres are eady successional habitats, at least 60 acres are abandoned mino
areas with earty to mid -successionsi habitats, and the remainder more mature forest.
Clearing and mining activitias would result In some direct mortality of slow-movfng animals
and the displacement of more mobile species into adjacent habitats as mining activities
proceed ftmujh BIB mine acea over Ihe course of 7,4 ywrs. This projmsiive movement of
coal removal activities and the subsequent incremsntal reclamation of the disturbed areas
would reduce imp&sts to locad populations
-------
In summary, the proposed acfion would not result in significant imparts to state-Bated plant
spades, and no federally Bated plants would bo affected.
4.3.2 Terrestrial Animals
Under the proposed, action TVA would enter a leaw agreement with a coal company that
would result In suites mining of coal on Bmdwi Mounttln. This would result In the
modMcatton of about §27 acres of forested and earty suecesslorml habitats over a 7.4 year
parted. Of the 22 protected species of ssrrestrtal animals reported torn Scott and Campbell
Counties, 16 are known to e>rist or potentially exist on the project sfta.
The red"Cockaded woodpecker, Swalnson's warbter, Bewick's wren, hellbender, and Black
Mountain dusky salamander ware removed from conslderatei due to Bis lack of or the
limited presence of suitable habitat tor these speolss on the »te. PotanHal hfeemaang site®
fbr the Indiana bat and the gray bat am provided by abandoned mine portate In the mine
permit area. One of these portals was inspected In January 1898 and determined to be
unsuitable tor use by hlbematlrtg Indiana bats or gray bats. No evidence of summer use by
flray bate was observed during inspeeBons In fts summer of 2002. The only acttvfcs
proposed In the Immediate wldnBy of a second portal on the northwest *iop® of the southern
portion of Bfaden Mountain are sedtoient basin and access road corwWeion. These
activifles would not signifcantty tSsturb flia porttl. A third portai, on the east dope of the
norSiern portion of Bmden Mountain has a smaB, mostly coSapaed opening and does not
appear suitable for me by the Indiana bat or gray bat
The remaining 16 spades are known to es&t or potenfally exist In earty euceesstenal and
forested habitats In tfie project area. Construction and operation of the mine could affect
individual specimens of most of these species. However, impacts to the specie® as a whole
are expected to be temporary as most of these species wouM disperse into nearby similar
habitats.
Once reclamation c-ctivitiss begin, species that breed or forage In early successions!
habitats such m four-toed salamander, gold«M«flnged warWar, bam owt, Ms-eared and
smalWboted bats, southeastern shrew, halry-taled mole, and bog lemming would m-
colonize tha area. Local populations of some of these spsciss, particularly !ha golden-
winged warbler, would increase, and the reclaimed mine would provide suitable habitat for
this warbler (or many years. Forest dwelling species would expericncs a short-term
reduction in habitat and local populations of some of Vies® species would be slightly
reduced. Up to 69 pairs of cerulean warble-s would to affected within the area of surface
mining and fills; thte number represents a stnall fraction of the population of this sped©® in
, the ffflWMA as well as In the Cumberland Mountains. Porfons of flie mined area would be
reforested during reetematton and these areas vwuld provide suteote habitat for many
forest-dwelling species. Due to the large amounts of suitable habitats nearby, Impacts to
these species would be temporary and insignificant and their population viability on
RBWMA would not be affected.
During the review ef the OSM Environmental Review of the Gafllff Co*l permit, USFWS,
TVA, and TWRA determined that there would be no significant impacts to any federally
listed species if certain commitments ware foliowad. These commitments are listed in tie
FONSI Issued by TVA in 1998 (TVA 1989) and Incorporated into the currently proposed
action. They are designed to establish specific reclamation activities to protect the
endangered Indiana bat and other species of wildlife. With the implementation of these
measures, the proposed action is not likely to adversely effect threatened and endangered
terrestrial animals.
4.3.3 Aquatic Animals
Of Hie nine endangered, threatened, or otherwise sensitive aquatic species potentlaBy
occurring In the project area, only the biacksida dace, file arrow dorter, and the emerald
darter am present In streams potengaBy Impasted by mining Bnxten Mountain. These
species are reported from Terry Creek near Hs ccnfluence_with Elk Fork Creek, and from
flie Strafoht Fetk system. The Terry Creek headwaters consist of three steams whose
surface water Is suppfcd by drainage torn the Braden Mountain site; Sflthouse Branch,
Frogpond HoBow, and Hudson Branch. Stra^tt Fork Creek Is supplhd by several streams
that drain the 3raden Mountain area, including Jake Branch, Cross Branch, and Straight
Fork Creek.
Potential impacts to these three streams resu&ng from the proposed action are discussed
In the Cumulative Hydroiogic Impact Assessment (CHIA) prepared by GatJiff Coat Company
In the previous review of this project These potential impacts are discussed In CHIA No.
101 Cumulative Impact Area (CIA) No. 10, Sabarea No. m (Elk Fork Creek system) and
CHIA No, 84, CIA No. 8, Subarea No. SB (Straight Fork). This analysis considers all
existing and anticipated mining operation and addresses potential cumulative hydrologic
Impacts to CIA 10, Subarea 68 (Bk Fork Creek), and CIA No. 8, Subarea 68 (Straight Fork
Creek).
This assessment concludes that while there is slight potential for acid/toxic drainage, and
Increased sediment loads into Terry Creek, SHhouse Branch Frogpond Hollow, and
Hudson Branch In ihe Sk Fork system, and Jake Branch, Cross Branch, and Straight Fork
In the Straight Fork system, the effects world be minimized by measures to be
implemented during active mining, and during reolarnatiort ef-the site. Surface-water
monitoring of these steams, and of the settling basins above these streams, would be
conducted In accordance with MPDES permit requirements to ensure that water quality
Impacts to receiving streams are minimized
This hydrotogica! analysis indicates tat water quality in these streams should remain within
acceptable limits and would not significantly esceed conditions favored by these species.
Therefore, this proposed mintnf activity would Bksly result (n only short-term, Insignificant
impacts to aquatic life In Terry Creek and Straight Fork, Indtodlns Waekslde dace, arrow
darter, and emerald darter.
Corstruettan of the haul roads would have potential to impact populations of bteekmlde
dace, arrow darter, and emerald darter in »e Straight Fork system. These potential
Impacts would rasult primarily from run-off of sit generated by rosd construction arid
maintenance activities.
Construction and maintenance of the haul road would be performed In accordance with
appropriate Best Management Practices. Use of measures to control run-on" from the haui
road, and to minimize ground disturbance during construction would Ikefy result In only
Insignificant Impacts to blaekslde dace, arrow darter, and emerald darter in Straight Fork,
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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4,4 Surface Water, Groundwater, and Aquatic Ecology
Potential Impacts to surface water and aquatic ecology resulting from the proposed mining
activities include Increases sediment In surface runoff, meid/taxio drainage, altered flow
regimes, and Impacts to streams from construction of hollow fills. PotsnBal Impacts to
groundwater Include changes In availability and flow regimes, and changes In water quality.
Runoff from the proposed mine site woujd drain into three watersheds (Straight Fork, Elk
Fork, and Buffalo Crwek) and runoff from a part of the proposed haul roads would drain Into
a fourth watershed (Cove Creek). OSM (1899) has prepared Cumulative Hydrotogic Impact
Assessments (CHIAs) for these four watersheds. No surface water users or groundwater
users void be affected In any of the four watersheds.
Measures Incorporated into the mine plan to mhtatfte hydrolofltc Impacts Include use of
hay bales and filter fabric fence, installation of sediment baste with controlled discharges,
periodic sampling of water in sediment basins and chemical treatment as nacessary.
Although the majority of the strata to be disturbed by mining exhibit a positive net acid base
accounting (U., have sufficient buffering capacity to prevent acid production), the coal
seams are potenBslly acid producing- The proposed mine plan Includes a hydrploglc
reclamation plan and a toxic material handling plan. Mined coal would be promptly
removed from the site and overburden would be blended whan backfilled to minimize
potential addle problems. Sediment In basins would be sampled prior to removal and
treated according to the mine plan. Sediment basins would be retained following
reclamation at the discretion of TWRA.
Groundwater quality In ttie proposed mine area is highly variable and Iron and manganese
concentrations sometimes exceed EPA standards for public water systems. Any Impacts to
groundwater quality would be localized and not affect groundwater users.
The CHIAs show that Impacts to surface water would be insignMcint Within each of the
four watersheds, there would be a smell Increase in sediment loading during mining.
Following mining, the sediment yield load value would decrease to levels similar to or less
than pre-mlnlng values. pH values would b» unotianged or slightly decrease; the greatest
change would occur in the Elk Fork watershed, whore the minimum anticipated pH would
be 7.3, a near-neutral value within acceptable EPA limits for domestic water supplies and
freshwater aquatic life. Increases in total dissolved solids, dissolved iron, and dissolved
manganese levels would be c-mall and anticipated concentrations would remain within EPA
standards in the Elk Fork and Buffalo Creek watersheds.
Total dissolved solids and dissolved manganese concentrations In the Straight Fork
watershed presentty exceed EPA standards under flow conditions; these problems are
caused in targe part by drainage from dd mine openings In the Big Mary coal seam. The
proposed mining, which includes reclamation of orphan mine areas, would not result in
further degradation of Straight Fork.
A few short segments of Intermittent streams and wet weather conveyances, as well as a
few small ponds, would be directly impacted by mining activities. Stream channels would
be restored during nedanatton, and no long-term changes in runoff are anticipated.
Sediment basins would replace habitat currently present In ponds. Overall Impacts to
aquatic ecology would be insignificant.
4.5 Managed Areas and Ecologically Significant Sites
The proposed action would result In the operation of a coal surface mine wlftln the Royal
Blue WMISe Management Area. This would affect wildlife habitat and recreational use,
including hunting and off-road vehicle use, wfMn the proposed mine permit area. The
proposed mine permil area comprises a small poition of RBWMA (less tr:an 2%) and tfis
revegstatton plan was developed with the assistance of TWRA. The main roads Into the
area from Highway 63 at Pcteet 0ap and from Highway 29? at Elk Gap would remain open
to the public. The Gunsight Mountain road, which passes through the southern portion of
the Braden Mountain area, may bo closed during active mining operations. Impacts to )he
RB WMA are expected to be temporary and Insignificant.
No impacts to the Cumberland Forest Public Hunting Area, or to Stinking Creek, listed on
the National Rivers Inventory, are anticipated. Impacts to the Southern Cumberland
Mountains Important Bird Area, which Includes RBWMA and other nearby areas, are
expected to be temporary and insignrficant.
4.6 Visual Resources
Visual consequences are examined In terms of visual changes between the existing
landscape and proposed actions, sensitivity of viewing pcfnts available to the genera!
public, their viewing distances, arid visibiSty of proposed changes. Scenic Integrity
indicates the degree of htactness or wholeness of the landscape character. These
measures help identify changes In visual character based en commonly held perceptions of
landscape beauty, and the aesthetic sense of place. The foreground, mWdleground, and
background viewing distances were previously described In the affected environment
section.
Site preparation and initial mining activities would adversely impact the visual landscape
character of the proposed rrtne permit area by removing format cover, modifying landforms,
and increasing truck traffic along local access roads. Some fiil areas would have a series of
stair-stepped plateaus with somewhat gentler slopes Man presently exist These features
would increase adverse visual contrast, wh9e reducing unity, coherence, and harmony in
the landscape during the Initial construction period. Scente integrity would be lower. Most
of these visual impacts would lessen over time as the area is reveystated.
Some proposed mining operations would ba visible to recreational users of the Braden
Mountain and Limestone Ridge areas of RBWMA, Portions of the mine area may also be
briefly visfcte to motorist* on Highways 83 and 297, as well as Interstate 75. The mine area
would ba In Hie middteground or background of views from these roadi, and visual delate
would be weak. Views from these highways already include Nghwalls of unreclaimed
mines, as weS a* efemenls such m communication towers and, on Interstate 75, WBboards.
Overall visual Impacts would be insignificant and mostly short-term,
4.7 Cultural Resources
A Phase I Cultural Resource survey of the APE identified two roetehetJws with a potential
to contain archaeological sites. Further Investigations cf these areas were conducted and
two arcraeotogioal sites were Identified (40CP134 and 40CP13S). Material from these sites
was considered insignificant and neither stw Is recommended as potentially eligible for fte
NRHP. TVA has determined that tfie proposed project would have no effect on any historic
properties on or eligible for NRHP fisting. A letter of TVA's findings end determinations was
20
MTM/VF Draft PEIS Public Comment Compendium
A-805
Section A - Organizations
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senftotl»T«r»asa®S»a»Hi»tofePrwserva«i>iiO«wron<»!*«1S>20ffi, Similar
tetters were sent to fts Eastern tend erf fie Cherokee Indians on October 23, 2002.
5 SUPPORTING INFORMATION
5.1 Literature Cited
Alfsbrooks, D. W., D. K. Fowler, and I, J, Fowler. 1883. Notes on the r»iiy4ait«d mole
(Panacalaps tum/eri) In the Cumberland Mountains of Tennessee. J. Tenn. Aead.
Science 5853-24
Baird, A, L Devours, M. MoShae, 0. Miter, and C. Wtnlray. 1998. Campbell County. Pp.
117-118 In C. Van West, ed., The Tennessee Encyclopedia of History and Culture.
Tennessee Historical Society, RuBedge HI Press, Nwhvtte.
Binnteker, M. D. 1898. Scott County. Pp. 831-S32 in C. Van Wett, ed., The Tennessee
Encyclopedia of History and Culture, Tennessee Historical Satiety, Ruflsdga HBI
Press, Naslwlfe.
Braun, E. L. 1950. Deciduous Forests of Eastern North America. The Btelastan Company,
Philadelphia
Etnter, D. A., and W. C. Stames. 19S3. The fishes of Tennessaa. Univ. Tennessee Press,
Knoxvllls.
Fenneman, N. M. 1938. Physiography of tf» eastern United States. MeGraw-Hi Book
Company, Inc., New York.
Gatllff Coal Company. 1999. Bradsn Mountain Mine No. 16, Permit Application No. TN-
012. Submitted to Office of Surface Mining, Reclamation, and Enforcement,
Knoxvllla, Tennessee.
HInkte, C.R., W.C. MoComb, J.M. Safisy, Jr. and PA Sohmalzer. 1983. Mixed Me»phyBe
Forests. Pp. 203-2S3 In Martin, W.H., S.G. Boyce, and AC. Echtemacht, eds.
Biodiversity of the Southeastern United States: Upland Terrestrial Communities,
John Wiley & Sons, Inc., Maw York.
LatKtermiik, E. L., and Cicerello, R. R. 1SS8. Upper Cumberland River Drainage, Kentucky
Fish Collection Catalog (1982-1994). Kentucky Nature Preserves Commission,
Frankfort, Kentucky.
National Audubon Society. 2002a. Tennessee's Important Bird Amas Program.
Available: http:gwww.audubort.oiiflftilfoVlbaftn.html
National Audubon Society. 2002&. What is an Important Bird Areas? Available:
htto:an«iw.audubonjarcfelr/imi/w.natur»seivt,Ofg/axplomr.
(Accessed: Septembers, 2002).
Nicholson, C. P. 1987. Alias of the breeding birds of Tennessee. Univ. Tennessee Press,
Knaxvlle.
O'Bara, C. J. 1980. A status survey of the upper Cumberland Johnny darter, Efheostoma
nigmm susanae. Project report, U.S. Fish and WMife Service, Office of
Endangered Spades, Asheviile, North Carolina.
Office of Suiface Mining Reclamation and Enforcement. 199S. Environmental Assessment
and Finding of No Significant Impact - Qatfiff Coal Company Braden Mountein Area
No. 16, OSM Permit No. TN-012. Office of Surface Mining Reclamation and
Enforcement, KnoxviSo, Tennessee.
Ptetak, i. M., and J, L. Holland. 2002. Phase I Archaeotogteal Survey of 400 Acres on
Braden and Adkins Mountains, CatnpbeEl and Scott Counties, Tennessee. Prepared
by TRC, lite. Report on Ale in Hie Cultural Resource Group, Tennessee Vaiioy
Authority, Norris, TN.
Smalley, G. W. 1984. Classification and evaluation of forest sites In the Cumberland
Mountains. USDA Forest Service Gen. Teen. Rep, SO-50, New Origans, Louisiana.
Tennessee Department of Environment »nd Conservation. 2002. Draft year 2002 303(d)
list. Tennessee Department of Environment and Conservation, Division of Water
Polution Control, NashvBle.
htto:?/wvw.stete.tn.ugfeTivlronm6nfe>go/20023oaddraft.Klf (Accessed September 3,
2002).
Tennessee Valley Authority, 1981. Rapid restoration of biological productivity to coal
surface mines: Annual biological monitoring report. Division of Land and Forest
Resources, Norris, TN.
Tennessee Valley Authority. 1999. Finding of No Significant Impact - Gatllff Coal
Company Braden Mountain Ansa No. 16 Tract No. ^EKCR-ML, Campbell and Scott
Counties, Tennessee. Tennessee Valley Authority, Knoxvllle,
Tennessee Wildlife Resources Agency (TWRA). 2001. Royal Blue Wildlife Management
& [Brochure/Map]. Nashville, TN: TWRA.
23
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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S.2 Preparers
John T, Barter, Jr.
J Leo Collins
Nancy D. Fratey
Groton, James G. (contractor)
Travis HBI Henry
Charles P. Nicholson
George E. Peek
W.Chett Peebles
Erin E Prteterd
Carolyn L. Wefts
Richard W.Yamet
Contribution ' '
Endangered and Threatened Species-
Vegetation, Endangered and Threatened Species
Managed Areas and Ecologically Significant Sites
'Vegetation, Endangered and Threatened Species
Wildlife, Endangered and Threatened Species.
EA Compilation, Wildlife, Endangered and
Threatened Spades
Aquatic Ecology
Visual Resources
Cutea! Resources
Vegstalon, Endangered and Threatened Spades
Cultural Resources
Appendix 1
Endangered, threatened, or otherwise listed plant species known to occur in
Campbell and Scotl Counties, Tennessee.
Cenuuon ttsR*e
Alabama grapefem
Alder-leaf buckthorn
American barberry
Barbara buttons*
Bristle fern
Canada liiy
Capillary beaknish
Climbing fumstory
Cumberland rosemary
Cumberland sandwort
False foxglove*
Sinseng
Goldenseal
Qreen-and-gold
Kentucky rosin-weed
Lady-stlpp«r*
Meehan mint
Northern white cedar
Ozarkaunchtower
Pale corydalis
Panic-grass*
Pink lady-slipper
Pondweid*
Rockeastle aster
Roundieaf bitter-cress
Roundleaf famefiower
Sandreed grass'
SmooWeaf
honeysuckle
Souttem rein orchid
Spike-rush*
Spotted oamt-root
Slonecrop*
Sullivantia
Sweet-fern
Tawny cotton-grass
Virginia spiraea
White snakercof
WIW ginger*
Wlteh-ader*
Wood lily
Scientific name
BoftjKsfcfum jaramnt
fSnmnus alnlfella
Herberts cnnadensis
Marshallis gmottHora
Trfdmmanes boscMamm
Utum eanadsnsa
Rtiynchospava capfitee&a
Adlumia fungosa
Conradina vertfcSafa
Amnaria cutnberiand»ft&i$
AuFBQlaria patuta
Panax qulnquefotfus
Hytfmslis oanadensis
O»y«ogonwn vtgManwn
Sfipftfum wasiot&ns0
Cypripedium kentuckiense
M^&h&nia cofrtata
Thuja ooeHentalls
Melanthium wood//
Coryiiatis ternpatvimns
Psntom enslUium
Gypriptdluffi Ksole
Potamagotan
tennesseensis
Aslor ssxicaste/lii
Caniamlne mtijniiifolia
Titoum tersSUIum
Calamovitfa areuata
ionf<»redfo*a
PUanttmm tava var flava
Bsocftaris 4ntem»tfc
Cora/torfi/za macu/ata
Sedan nevff
SuiUvantia sullivantii
Oomptonla pervgrina
Bfepftomm virgMeum
Spiraea virgin/ana
Ageratina lucias-brjuniae
Hexasfyfls oonfrw*a
Fothefgilla major
Ulium philadelphicum
Federal status State status
Threatened
Endangered
Spedal Concern
Endangered
Threatened
Threatened
Endangored-P1
Threatened
Threatened Threatened
Endangered Endangered
Threatened
Special Concern-
CE
Special Concern-
CE!
Threatened
Endangered
Endangered
Thmateoed
S[SSSal Concern
Endangered
. , Endangered
Special Concern
Endangered-CE*
Threatened
Endangered
Special Concern
Threatened
Endangered
Special Concern
Special Concern
SpeeW Concern
Threatened
Endangered
Endangered
tndat^ered
Threatened
Threatened Endangered
Threatened
Special Concern
Threatened •
Endangered
24
25
MTM/VF Draft PEtS Public Comment Compendium
A-807
Section A - Organizations
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"~n» common nan» feftsd Ls routing appted to mere than one mtmter el a* gmw.
* Endan0ered-P - endangered, potentially «*pated.
Special Concem-CE « apedai concern due to oorameidal etploitaSon.
3 EndangeraJ-CE • enttongered due to commercial exploitation.
BIRDS OF
CONSERVATION CONCERN
2002
ILS. Fish aad Wildlife Service
DWsion of Migratory Bird Management
Arlington, Virginia
December 2002
MTM/VF Draft PE1S Public Comment Compendium
A-808
Section A - Organizations
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i '
Appendix 8. StsaaMEjr of Species Ooamenfiss on BCR, USFWS Region, and National Lists ia
BCC 2002, AnngBd ASpfaatefeaJij' by Commas Grasp
BIRDS OF CONSERVATION CONCERN 2902
•' • -• ••'• •
U.S. Fiifc «nd WMifc Serviee
Division of Migwfory BW Management
Arlington, Virginia
Pn/ferrti citation;
U.S. Fish and Wildlife Servke. 2M2, Btate of oonsirvafion concern 2002, BMsionof
Mi^atoty Birf Managaueat, Arlmgton, Vfagtai*. 99 pp. [Ottttae vasion available at
Matft®, Comnton
Makes
M*M
Mauah:0, Maui
Mbatross, Black-footed
Albatross, taysan
Amakini, Hawaii
Amakihi, Kauai
Araakihi, Oahu
Art, Smooth-tolled
Anianiau
Apapan* .. .. ,
tatctet, Cassh's
Auklst, Whiskered
4vecet, American
iearttes-TjnwjnulAt, Northern
Bscaid, Rose-tiiroaled
Bideni, Americsn
BlackMrd.Ru^
BI«f*W, f cfcdorad
Btads-Htwli, Cenwion
Bobolink
Bobby, Stowm
60019, Masked
Booby, Red-footed
Banting, Lark
3un«ng, McKay's
ButWns, Painted
liuming, Varted
Chickadeo, Black-capped
CTiuc(M»i!Fw*tois
;oot1 Ca.lbbean
Soimomnt, RBd^ioed
Crake, Spate*
Crahe, Yskwrtressted
Crossb;!!, Red
Cuckoo, Black-billed
CMdSsjfciflmvB
Cwcfejo, Y9ltow*ted
;ur!sw, Brfsfio-lhighed
Outtai.ljori-bilieil
Dlckcisssl
BCRs
37
37
87
5,32,67,68
S7.88
BT"''" '" ^
67
P
31
W
57
fc
1
IB
34,3«,37
&
11, ta, 31, 37
52,24,287*
9, fS, 32, 33
34,35
12.1S.2S
69
69
69
18, «, 34, 39,36
1.2
86, 21 , 26, 27, 31 , SS, 36,
87
26,34,36,38
la
Bt 25, 27,28, 39, 31
99
J.2
to
59
28
!iJMLSJ2i!!__
31
I.S,iaiB,32,»34,36
2,«r,88
5,9,10,11,17,18,18,21,
32,33, 36, 36,37
17,22,23,36
3SFWS Regtes
iff-:. __ ^_
1W
is,
1feM, 7
flfc)
1« . .......
lfl>) -
#w
IffiJ „___
1») . .. . . .
?
2
2
...
3
i(«<> v':." •;
2
3,8
4(b>
4(B) _
^ - - -
a
r
2,4fa)
2
s,^>
*!B} ., __ . ._ .
1(6)
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1JW,2 , ,.
l(b,o!, 7
lta),2.4(a),6
3,6
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X
X
X
X
X
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X
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Sic
X
|X
It
JC
X
X
MTMA/F Draft PEIS Public Comment Compendium
A-809
Section A - Organizations
-------
3w*K<*«, Shott4jttt«)
Duck, Masked
puck, Ratify
Dunlin
i«Bl«, doldin
EgnM, Rsddlsri
Bep«te
Faleon, Psrearlne
Fateon, Prailria __
Farteal, Rufous
Flicker, Glided
FlyoaWier, Acadian
Rycatehsr, ewMxeasted
Fjycaldw, Olwe-sidsd
:lycaich8i', Puerto f^can
Flitcatcher, Sclssor-lailsd
Frigatebird, Le»ef
Frigatebitd, Magr.Sicecit
FrulfrOovs, Crtrfjson-crovBW)
:rult-Dove, Marry-calored
ftjl-Dove, Mariana
Godwit, Bar-tatted
Qodwt, rt«is«x*in
Sodwlt. MsrblBd
Qdtton-Plow, Amertean
QoWen-Pliwsr, Paelfte
eoWBndi, Lawwnce's
3os,.. ^
r
2,3,4(aS,5,7
1(a),3,4!a),C6,7
2,8,7
ffi£LI ._ ^.-.
1W
_*,
Ifc!
tfcl —
2,6
2,6
2-
m .,-
^ i
X
(
X
X
X
X
X
X
X
X
X
X
X
X
X
79
•tawk, SwaSnson's
H*wk,WMM-M«i
Hem,lMeetu*
Honeyeaier, WaRled
HamrningbW, 6R»d-Wte4
Hummingbird, Bu?f-be'.;ied
"kimmincibird, Costa's
HummhgbW, Uidfer
lummingbird, Rufous
Ms, White
iiwi
fayf Pinion
Kestrel, American
Cite, Mississippi
Kite, Swaliow-iailsd
frt«la, Micronesiad
'toddy, Biuc-gray
'iiihateh, Brown-headed
**aWi, P»"y
Omao
Oriole, Aitemira
Oriole, Audubon's
Oriola, Baltimore
OrWs, Greater AnfiNsai
Oriole, Hoodsd
OriolvOrehafd
Owl, Burrowing
8,10,11,18.19,82,38
w 1J
8, 21, «,»,», 31
68
34
3% 97
34
M.3S
MS
31,37
W
16
25, 2?, 31
*.»
26,2^27, 31, 3?
S, 27, »I*!,MLSJL
98
8
jzr.«,«
1i, 14,17,18, 18, M, 21,
H, 36,36
10, 11, 17, 18, 19, 30, SS,
36
3,1fljjl,2a,24,25,26
g
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is, a, s
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38
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33,33,35,38
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MTM/VF Draft PEIS Public Comment Compendium
A-810
Section A - Organizations
-------
Owt,E«
Owl, FSammaSated
Owl, Larta-earwi
CM, Northern Saw-whet
O^M, ^lort-eared
Owl, Spotted
Oysiematcrwr, Aiwifcan
Qystereatcria', Sta*
Pawl», ftefftem
Parute, Treptoat
Pelioan, Amwtew White
g«ln>i,«aisk-cai>P«d
P*W. Herald
Petrel, Ptowitx
Pehil.TahM
Pewee, Greater
PC-WTO, Lesser Antiilean
Phatarope, Wilson's
Pigeon, Rad-bind
Pl8«ri, Whits-crowned
Pintail, VMhlte-cheekBd
Pipit, Spragwrt
Plover, Mountain
Plover, Snowy
Plover, W!fson'»
PwIrte-Chlckw^Lesser
Pyjmy-Owt, Farraginous
Pyrrhuloxia
Quail-Dove, Bridled
(Safl-Bsw, Kay. Wea
Rat, Black
Rail, Buff-banded
Rail, Yefcw
Rttorbffl
Sage-Grouse, Greater
Sage-Grouse, Gunnison
Sandenmo
Sandpiper, Suf-breasted
20,33,34,35,36 j
i, 9, 10, «, «, la, 34,38
23
28
11.18,17,22,23,24,28,
26, a, 30, 37,87,88
15, 32
27, 36, 31, 37, 68
i_5,32
»,27
36,3?
28
27,31 .
68
88
58
94
68
9, 10, 11, 12, 16, 17, 19,
22,23
38
31.69 .
69
11,18,17,18,19,20,21,
25,34, 3S, 3f,jj?
10, 10, 17, 16, 19, 20, 32,
33,34,35,36
B, 10, 16, 18, 19, 27, 31,
33. 34, 35, 36, 37, 89
l», 30, 31, 37, «L _^
18,19
3«,»
36
69
89 „_
19,22,27,29,30,31,32,
33, 37, 6i
5« " "" """'"
9,10,11,12,14,26,27,
31,37 :
14,83
9
10
yStikE— — —
8,11,12,13,18,19,20,
21,22,23,24,25,26,27,
88,30,31,36,37
fe _
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J,4|aj,S,6
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fes .. „. ,
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Sandpiper, Rock
Sandpiper, Somipa!mated
S»«ip"p8f, SoBfcay
Sandpipsr. SSil
Sandpiper, Upiand
Sand(t!p»r, VWite-rumpad
Sapsucker, R[?(J-naped
SapwdMT, Wffiamson1*
Sapsucker, Yeliow-beliied
Screeoh-Owl, WhistotBt)
ScratKlay, Island
Shearv^iar, Audtbo.-.'s
Sheanvater, Oirislnias
Shrike, Loggerhsad
SMkeWll, Rjl
Skimmer, Black
Sparrow, Bocfinian's
Sparrow, Baird's
Sparrow, Black-chinnod
Spanow, Bothrt's
Spanow, Blower's
SparrowT Cassln's
Spanw*, fieu
Sparrow, Grasshopper
Sparrow, Harris's
sparrow, Hen^OTV1®
Sparrow, Is Conte's
Sparraw, N»I«on'» Shsrp-iatod
Sperrow, Rufous^rowned
3pant)w, Rufous-winged
Sparrow, Sage
Sparrow, Saltmarsh Sh2rp4£ii2d
Sparrow, Seaside
%3srrow, Sor^
Sparrow, Vasper
StarSng, Samoan
Storns-P®tr«l,Ashy
Stomi-fWrel, Bamtjumped
Stornrf'rtisl, Pol^wian
Stom)-Pe»Ml, Trtearn's
14,30
1,2,4,1
27,31,69
t, », 11, 18, 18, 19
12, 22, 23, 24, 2S, 26, 27,
31, 88, 37, 68
10, 11, 12. 13, 17, 22,
23, 28, 29, 30
11
10,17
S, 10, 18, 16
28
34
32
27,31,69
37,68
9, 10, 11,20,21,22,23,
31, 32, 33. 35, 36, 37
6S
27,30,31,32,33,37
22, 24, a^, 27, 28,29, 31
11,17,34,3$
32, 33, 34, 3S
34,37
9,10,17
18,19,20,35,36
20,21,22
11,17,22,34,37,69
18,20,21,26,36
11,12,13,21,22,23,24,
26,26,27,28,29,30,31,
37
11,12,17,19,20,21,22,
24,25,28,27,37
11,14,27,31,37
20
33,34
9,16,33,34,35
27, 30, 31
27,30^31,37
32
3
eg
32
67
;s
(7
!S-
7
m
$
2,3,4(a,b)
3,5,8
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1(a),e
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4(a,b)
1{a), 2, 3, S, e
1(0)
1{a},2,4(sS,5
2,3,4(a)
2,6
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1(a!,«
2,6
4(fa), 6
2 1
2, 3, 4(a), S, 6
2,3,4(a),8
2,.3,4(a),5,6
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4(8), S
a,4(a),S
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1(0)
1ft!
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81
82
MTM/VF Draft PEIS Public Comment Compendium
A-811
Section A - Organizations
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SurUrd
Swamphen, Puiple
Swift, Black
SwMet, WWtMumped
Tern, Atetrtan
Tern, Arciic
Tfnxabck
Tati, Caspian
Tern, Common
1 cm. Elegant
Tern. Gi**iW '
Tern, Least
Thrasher, Bandire's
thrasher, Crissat
Thrasher, Curva-Ufad
rhra*t»f, Le Coma's
Thru*, Btekneirs
Thrush, Wood
Towhee, Spotted
rrogort, Segant
TropicbM, Red-Mfled
Traplebird, VVMt»«ed
Turnstone, Black
Yerdm
Vireo, Bel's
Vireo, Bteck-whbkmd
yirao, Gray
Vtao, Puerto ftioan
Warbfsr, Adelaide's
Warbler, AreBc
*»rbter, Say-breasied
Warblsr, Steckpoll
lAtarBw, Steek-ihroated Blua
Wa*!er, Black-airoaled Gray
Warbler, BIscMhroaled Green
^rbtsr, BHia-s^nged
Warbier, Canada
Wrirbler, Cape May
Warbter, Carutean
vVarhler , Ctiostnul-sided
sfearttsr, Colima
WsrrttBr, Connactiout
Warbler, ^rt*woods
2,4,5
89
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4(«J
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Warbler. GoldSrt-winged
W«bl8r, Grace's
KVarblw.Kantaoky
Warbler, Gilve
Warbler, Prairie
Warbler, Prolhonotary
Wartiiar, Red-faced
Warbler, Swatason's _
Wartjlcr, VirainiE's
Warbter, Worm-eaSng
Wsrbter, Yell™
WarUer, Yellow-throated
Waterthmsh. Louisiana
WaterthiuA, ttorfcem
Whimbrt
WhijHKior-wl
Whistling-Duck. Wes! Indian
WilMyi«,BrMIed
White-eye, Ooldan
iVillef
Woodpecker, Arizona
Woodpedwr, tSfa
Woodpecker. Ladder-backed
Woodpecker. Lewis's
Woodpecker, Red-headed
Woodpecker, Whita-hMded
tfi^eri, Bewick's
s/*«n,Ca<*a
Wren, Mareh
W»n, SsdB®
Vellowiegs, Greater
Ye!fowlN3s^, ^kmimon
12,13,23,28,30
18, 34, Si
20, 21, a, 23,28, 28, 28.
30,37
34
24, 25, 27, 28, 29, 30, 31,
69
20,21,22,26,26,28,29,
37
34, 3S
21,24,25,28,27,28,29,
37
9. 10. 14
a, 22, 24, S, 28, 30, 69
31,33,68
31
22,24,25,28,69
as
2, 3, 4, 6,9, 16, 12,1 3, 14,
27,80,31,32,83,37
13,22,24,28,29,30
%
i8
68
11
04
S3'
20
«,9.10.1S,16.17,18,32I,
34
11,13,19,21,22,23.24,
25,26,28,30,31,37
5,8,10,18,32
22, 24, &27, 28, 28, 37
32,38
30
13, 23, 28, at, 30, 37
a, 23
32 ...
3,4W,8_ j
2
2,3,5
2
2,3,4(a,b),5
2,4(8)
2
2. 3.4(a% 6
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2, 3, 4(8,1)), 5
4)
1(0
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a
1{a),2,6
2, 3, 4(8), 6, 6
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2,8
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84
MTM/VF Draft PEIS Public Comment Compendium
A-812
Section A - Organizations
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FWS Comments on9/2Q/02 Daft of Chapter IV Mteotfiyes')
The Pish and Wildlife Service has reviewed the September 20 draft of Chapter TV for the
MTM/VFBIS. We previously proposed a foar-attamatrve scenario that included consideration
(not selection) of at least one afcensalive.to restrict, or otherwise constwln, most valley fills to
ephemeral stream reaches by employing the significant degradation or advance identification
(ADID) provisions of me 404(b)(l} Guidelines.' Our intent wis to provide for consideration of at
least one alternative that "developed agency policies, guidance, and coordinated decisIon-EiaJdag
processes" and minimized the impacts of mountaintop mining and valley filling on witters of the
U.S. and fish and wiMBfe resources; a two-put goal established by the settlement agreement that
we beEeve the three^tefnativemitm^hiaaed to accomplish. Our proposed approach was
subsequently voted down wMiin 4« Esecutive Committee' in part because a decision appears'to
have been made that even relatively minor modifications of current regulatory practices are now
considered to be outside the scope of the EtS process. The current three-alternative fiamework
was adopted, but incorporated only a very limited ADID concept that does not meet our • .
objectives. The September 20 diafi retains the deficiencies contained in th* previous flroe-
altamative framework, and the iill draft of Chapter IV confirms our concerns. Therefore, we
continue to object to the use of this approach. However, tiace the agencies are proceeding based •
oa adoption of this approach, we do mot believe that elevating this issue for higher level review
would be helpfcl or productive. The fcUowJng general comments are intended to provide you
oaly with our sense of how problematic the proposed alternatives framework has become.
Now that the basic concept has been more fully elaborated in the September 20 write-up, it is
painfully obvious to us that 4tere an no differences between the three action alternatives that can
be analyzed in a NEPA context Table IV-2 (Comparison of Alternatives) underscores this
fundamental shortcoming: Each of the three action aJternatives,offers only meager
environmental benefits (thus a "two-star rating," as with a budget hotel or B movie), and there is
no difference between them - even in iheir degree of meagemess. The relative economic eftect!
of these alternatives are similarly indistinguishable. The reader is left wondering what genuine
•actions, if any, the agencies are actually proposing.
Table IV-1 states {hat the alternatives would "minimize" the adverse effects of raoontaSntop
mining and valley fill construction; the "analysis of alternatives" section states that "all three
alternatives will result in greater environmental protection that will fiilfill the agencies BIS
objectives." As we have stated repeatedly, it is the Service's position (hat the three "action"
alternatives, as currently written, cannot be interpreted as ensuring any improved environmental
protection, as stipulated to the settlement agreement, let alone protection that can be quantified or
even estimated in advance for purposes of a NEPA analysis. Without providing clear indicatioa?
of how the Corps would evaluate projects and reach decisions through either the nationwide
permit or individual permit processes, and how the SMCRA agency would make its decisions
under Alternative 3, the public will not be able to deduce whether impacts to waters under any of
these alternatives would be any different tt«m the no action alternative. Furthermore, the results
of implementing individual action items whose "actions" do not produce an outcome ("will
continue to evaluate," "will work with the states to establish," "will continue to assess," "will
continue to refine"), and of developing "Best Management Practices" whose use will be
volnrtaty, are not likely to effect qnarfflable, "or «Svea recogntabte, improvements in
environmental protection.
As we have already d i scussed ad nauseum, NEPA regulations describe the Alternatives section
as "the heart of the environmental impact statement" which, fa combination with the Affected
Environment and Environmental Cousequericcs'sections, should "present the environmental
impacts of the proposal and the alternatives in comparative form, thus sharply defining the issues
and providing t clear basis for choice among options by the dedsionmaker and the public."
Even after considering the necessarily broa4 ptogBttaiaatic nature of this document,-we have
clearly failed to meet these standards.
The E!S technical studies carried out by the agencies — at considerable taxpayer expense — have
documented adverse impacts to aquatic and terrestrial ecosystems, yet the proposed alternatives
presented offer no substantive means of addressing these impacts. The alternatives and actions,
as currently written, belie four yews of work and the accumulated evidence of environmental
harm, and would substitute permit process tinkering fox meaningful and measurable change.
Publication of a draft EtS with this approach, especially when the public has seen earlier drafts,
will further damage the credibility of the agencies involved.
MTM/VF Draft PE1S Public Comment Compendium
A-813
Section A - Organizations
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Figure 1. Cerulean Warbler (Dendroica oeivlea) Summer Distribution Map.
The North American Breeding Bird Survey Results and Analysis, Relative
Abundance Map 1966 - 2002. USGS 2003.
BBS limit
101
31 to 100
lIt»SO
4 to 10
2 to 8
Qae ia4 Below
Hone Counted
These maps indicate the number of birds se»n on BBS routes, grouped Into
convenient categories of relative abundance. The maps predict the average
number of birds of the species that could be seen in about 2,5 hours of
birdwatehtng along roadsides (by very good birders). They are based on mean
counts on BBS routes over the Interval 1982 -1996.
CERULEAN WARBLER (DsmsoiCA CSROLSA) MtaROHABriAT AND
LANDSCAMHUsrviL HABITAT CHARACTERISTICS IN SOUTHERN WEST
VIRGINIA IN RELATION TO MOONTAINTOP MINTOG/VALLEY FILLS
Final Project Report
December 2002
Submitted by:
CATHY A. WEAKLAND AND PETRA BOHALL WOOD
West Virginia Cooperative Fish and Wildlife Research Unit
TJSOS Biological Resources Division
and West Vfrpnia University, Division of Forestry
P.O. Box 6125, Moigantown, WV 26506
Submitted to:
USGS Biological Resources Division
Species-At-Risk Program
MTM/VF Draft PEIS Public Comment Compendium
A-814
Section A - Organizations
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CCRDUMN WAWSL» (fiamtoioi ouczst) MIOKMABETAT AND LANDSCAF&ISVEL HABITAT
CHARACTERISTICS JK sorasi* wrar Vftaao* w KOATIOS TO MOOWAIMW
CATOT A. WEAKIAWB AHD PETRA BORAH. WOOD, West Virgtata Cooperative Fish and
Wildlife Research Bait, USGS, BRD m& West Virginia University, Divisiou of Forestry, P. O,
ABSTRACT
The Cerulean Warbler (Dendroica ceruka) is a ^jeeies of conservation concern fn eastern
North America, where declines in its population have been documented over the last several
dec«4es. Both halite fragmentation and increased edge may negatively impact Cerelean Warbler
populations. A high proportion of this species' population occurs in forested areas of southern West
Virginia, where it may be thretteaed by loss and degradation of forested habitat ftom moutitatetop
mining/valley fills (MTMVF). We examined the impact of forest fragmentation (m particular the
effects of fragment size and response to edges) on Cerulean Warbler densities from a landscape
perspective using territory mapping techniques and geographic information system (GIS)
technology. Specific objeetives were: (1) to quantify Cerulean Warbler territory density and indices
of reproductive success in forests fragmented by MTMVF mining and in relatively intact blocks of
forest, (2) to quantify landscape characteristics affecting Cerulean Warbler territory density, and (3)
to quantify territory-level characteristics of Cerulean Warbler habitat The study area included
portions of 4 counties in southwestern West Virginia. Territory density was determined using spot-
mapping procedures, and reproductive success was estimated using the proportion of mated males
as an index of reproductive performance. We quantified landscape characteristics {cover types and
fiagmenation metrics) from digitized aerial photographs using Arcview* with the Patch Analyst*
extension and measured raierohabltat characteristics on spot-mapping plots.
Territory density of Cerulean Warblers was greater in infect (4.6 ten/10 h») than fragmented
forests (0.7 terr/10 ha), although mating success of males was similar in both (60%). Habitat
models that included boflj landscape and mfcroaabrtat variables were the best predictors of territory
density. The best model Indicated that territory density increased wilh increasing snag density,
percent canopy cover >6-12m and >24ro, and distance irom mine edge. Models for predictstg
microhabitat use at the territory level were waak, indicating that rmcrohtbitat characteristics of
territories were similar to habitat available on spot-mapping plots. The species did not appear to
avoid internal edges such as natural canopy gaps and open or partially-open canopy roads.
Territory placement on ridges was greater than expected and in bottomlands (ravines) and west-
facing slopes less than expected based on availabUiiy in both intact and fragmented forest. In
fragmented forest, 92% of territories occurred only in fetfments wrSi ridgetop habitat remaining.
Preference for ridges suggests that MTMVF may have a greater impact on Cerulean Warbler
populations than other sources of forest fragmentation since ridges are removed in flu's mining
process. Generally, our data indicate that Cerulean Warblers are negatively affected by
mountaintop mining from loss of forested habitat, particularly ridgetops, and from degradation of
remaining forests (as evidenced by lower territory density in fragmented forests and lower territory
density closer to mine edges).
INTRODUCTION
The Cerulean Warbler (Dendmica eenlea), a species of concern in the eastern United States.
occurs at high densities in southern West Virginia. Cerulean Waiblera have been declining in many
parts of their range (Sauer et at. 2000), and southwestern West Virginia may represent a significant
source population for this species in the eastern United StMes'(Rosenberg and Wells 2000). A
recent states assessment by the U.S. Fish and Wildlife Service indicates that the population is
declining at "precipitous rates" and that the primary threat to the species is loss of habitat (Hamel
2000). The assessment also suggests that successful management will depend upon managing high
quality habitat in forested landscapes (Hamel 2000). It is estimated that 47% of the Cerulean
Warbler population in North America occurs in the Ohio Hills physiographic area (Rosenberg
2000), which include put of southern West Virginia. Partners in Flight (PIF) Identified the
Cerulean Warbler as priority species for conservation in the upland forest community of the Ohio
Hills and Northern Cumberland Plateau physiographic sreas (Rosenberg 2000, C. Hunter, personal
communication), the 2 areas within which our study sites fall. This species also is listed as being at
Action level II (in need of immediate management or policy range-wide) by PIP (Rosenberg 2000).
A current potential risk to Cerulean Warbler populations is the coal mating technique of
mountaintop mining/valley fill (MTMVF). These extensive surfeee mines can impact areas on the
order of 2000 ha in size, converting » landscape that is predominantly forested to a landscape of
predominantly early successtetal habitats with remnant forest fragments (Wood et al. 2001). It is
imperative to understand how these landscape-level changes could impact Cerulean Warbler*, a
species that inhabits large tracts of mature deciduous forest with large, tall trees (Harrtel 2000). The
species appears to use edges of small canopy gaps within large tttcts; however, the use of openings
and edges needs further study. Other high priority research needs include occurrence and density of
this species relative to landscape characteristics, especially in relation to forest fragmentation,
habitat preferences in relation to vegetation structure, and response of populations to land
management activities (Hamel 2000).
Fragmentation and loss afforest habitat from a variety of huaitn-tsduced disturbances are
major issues in wildlife conservation due to negative eflects on t number of wildlife species,
including Cerulean Warblers. Because West Virginia is predominantly forested, it provides
important habitat for forest interior songbW species that require large tracts of unbroken forest
Mauntaintop mining/valley til! sets back successional stages, essentially converting large areas of
2
MTM/VF Draft PEIS Public Comment Compendium
A-815
Section A - Organizations
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mature hardwood forest to early sucoesiona! habitat Forested valleyi located below the target end
seams and beyond the reach of the valley fills often appear vegetartvety similar to nearby
contiguous tracts of forest, but at partially surrounded by actively mined or reclaimed areas
resulting in large amounts of edge habitat These edges may attract known nest predators, such as
American Crows (Corvta braehyrkjmcltoty and Slue Jays (Cyanocitta crisuta), and t known nest
parasite, the Brown-headed Cowbird (fitolotkms asr), which may negatively affect songbird
populations by reducing productivity (reviews by Yahner 1988, Paton 1994).
The current federal astas assessment indicates tlut "habitat destruction, frapneataflon, and
modification oa breeding and nonbreedag areas" are most likely responsible for the decline of this
species (Basel 2000), "The major effect ofMIMVF Ott Cerateaa Warblers is the loss and
fragmentation of forested habittt. Fragmentation may negatively affect forest-dwelling songbirds
because of isolation effects, area effects, edge ef&sts, and competitive species taterjtetkms (Finch
1991, Fa»borg et al, 1995). In a forested landscape, tapnentetion results from timber harvests,
roads, powerlines, stand diversity, and natural canopy gaps. This is a much finer scale than occurs
to agriottaral areas, where forests appear as islands in a set of crops and/or ptsturelsnd.
Fragmentation in » forested landscape might be viewed as "Internal" or soft fragmentation, whereas
fragtnentatta in an t^fcuftural landscape raij^it be viewed as "external" or hard fragmentation
(Btenter 1990). Fragmentation in an agricultural landscape is often permanent, but frapnentgtion in
forested landscapes k usualy temporary (Faaborg et tl, 1993). Fiaborg et al. (1995) wrested that
the btter type of fragmentation is less severe to forest birds than permanent fttgmeatatton, bat
nonetheless, "detrimental effecs still exist" For example, Duguay et al. (2001) found that the
number of Wood Thrash fledgltogs produced tn cteareuts was tess than in unharvested forest, but
the number produeed was still high moogh to prevent fte ctesrcuts fews being sink habitat.
Weakland et al. (2002) found that the abundance of some tjrest ulterior species declined after
diameter-limit harvesting, but the abundance of most species was not affected when * large
diameter-limit (>45cra) was used. There are no pablMted studies doeumentto| the effect of
MTMVF on forest-dwelling songbirds «s forests are lost and fragmented due to tntoing activities.
Thus, it is unclear whether or not MTMVF acts as an internal or external fiagmentaUon event to
songbird species. The severity of the habitat toss/fetpneatatiott will depend on whether MTMVF
areas are re-forested or if they are allowed to remain in early sttges of succession. Even when
natural succession occurs on reclaimed MTMVF sites, it can be very slow due to soil compaction
and lack oft seed tank. Non-timber post-mining tad uses such as grating or development will
result it permanent fragmentation of forest habiats.
During 1999 and 2000, we quantified the effects of MTMVF on songbird populations
(Wood et al, 2001). Using point count methodology, we found Cerulean Warblers at relatively high
abundances in both intact (47 point count stations) and fragmented forest (36 point count stations).
They were detected at 62% of Intact forest point counts and at 44% of fragmented forest point
counts. However, the number of fragmented forests that we were able to sample (8) was relatively
low, and we did not sample a large range of different-sized fragments. Additionally, presence of an
individual does not imply that it bred ftere (Van Home 1983).
In 2001 and 2002, we re-sampled our existing study sites and quantified Cerulean Warbler
density using territory mapping techniques. Territory mapping can be a more accurate and precise
method of estimating bird abundance (Blbby et al. 1992) and allowed us to make inferences
concerning the relationships between bird density and habittt and landscape variables. We also
added study sites in additional forest fragments resulting from MTMVF to assess the effects of
fragment stee and edge type. We measured rnicrohabitat characteristics in the field and landscape
characteristics from aerial photographs and related these to Cerulean Warbler territory density. Our
specific objectives were: (1) to compare Cerulean Warbler territory density »nd an index of
reproductive success in forests fragmented by MTMVF mining with those in relatively intact blocks
of forest in southern West Virginia, (2) to quantify landscape characteristics affecting Cerulean
Warbler territory density, and (3) to quantify territory-level characteristics of Cerulean Warbler
habitat.
MBTHOW
Stttity Sites
Our stody sites were located in mature forest surrounding three mountaintop mine/valley fill
complexes within three watersheds in BOOBS, Logan, Kanwha, and Ftyette counties. West Virginia
(Figs. 1-4). One mine complex (2003 ha) in Kan«wha and Fayette counties was in the Ohio Hills
physiographic province; the other two (1672 and 1S19 ha) were in the Northern Cumberland
Platetu, These sites were used in our previous study of the impact of MTMVF on terrestrial
wildlife in 1999 and 2000 (Wood et *). 2001).
Intact forest sites were relatively large, urrfnrgmented areas of fcwst that were undisturbed
by mining activities but located near reclaimed MTMVF complexes, either within the same
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watershed as Hie reclaimer site or to an adjacent watershed. Although these sites were relatively
contiguous forest, they did have some breaks in canopy cover flam streams, roads, powerlines; and
natural canopy gaps. Some intact forest sites were located in close proximity to MTMVF areas, but
no intact forest site shared more than one edge with an MTMVF area. We defined fragmented
forest as a tract of forest located within * MTMW complex and primarily surrounded by reclaimed
mine land. Because these tracts are often kmg, narrow peninsulas of forest, they generally are
surrounded by reclaimed laad on at least three sides.
The intact and fragmented forest areas are comprised mostly of mature hardwood species
including oaks (Qwtrcus spp.), hickories (Carya 8pp.), tnliptree (Uriodtndfon tulipi/eni), American
beech (Fagus grandtfalia), red maple (Acer rubntm), sugar maple (A. sacchanm), tnd white ash
(FrtKlnas ema-lcmd). These stands are second growth forests that appeared to be approximately
60-80 years old. Although forested, these stands may have been periodically disturbed over the list
several decades fiom firewood cutting, single tree harvesting, thinning, and understory forest fires.
Surveys&ltttg
IB 2001, we established six intact'forest plots (two within each watershed) and 19 ptets in 15
fragments. Two additional aitsct plots were added to the study in 2002.
We surveyed Cerulean Warblers using a territory-mapping technique called spot-mapping
(Bibby et al 1992). Plots were placed near the center of 15 forest ftagsttots ranging from 1-290 ha,
allowing as to examine territory density relative to fragment size. In 2 larger fragments, two 10 ha
plots were established, 1 near the center and 1 adjacent to a reclaimed grassland mine edge to
examine response to major edge type (Table 1). In the largest fiagment, 3 plots were established, 1
adjacent to edge (10 ha), 1 interior on a mid-slope (7.5 ha), and 1 along a stream (10 ha). In
fragments <10 ha in size, the whole fragment was surveyed for Cerulean Warbfcrs; tiierefore plot
size was equal to fragment size (Table 1). All intact forest plots were 10 ha to size. Although intact
forest plots were at least 100 tn from fte mine edge, they still contained tatenal edges due to the
presence of roads, streams, and natural canopy gaps, giving us tin opportunity to assess the effects
of these edge types on Cerulean Warbler densities.
Each fragmented forest and intact forest plot was surveyed at least 10 times front the first
week of May to lw6ftat Sampling
We quantified rntcrohabitat characteristics within etch plot using modified methods from
BB1RJD (Martin et. al 1997) and James and Shugart (1970). We established two 0.04-ht quadrats
per hectare In each territory-mappteg plot. Quadrats were systematically distributed approximately
every 50 tn throughout the plot (Ratti and Carton 1994), except st sites that were used in our
previous study In 1999-2000. We used existing rnlcrohabiw information from these sites (sampling
methods were the same in both studies and habitat conditions had, not changed) and only collected
additional microhabitat measurements if the sample size was <2 cptad»ts/h». One 0.04-ha quadrat
was established at the center of each territory. Measurements included tree densities and diameters,
density of snsgs >8 cm dbh (diarneter-at-breast height), canopy height, aspect, percent slope, and
percent canopy cover and ground cover as measured using an ocular tube (James and Shugart
1970). Snags were defined as standing dead trees >8 cm in diameter with no live foliage present.
We also determined the distance from the center of the territory to the closest edges using aerial
photographs, compass, and pacing. Internal edge types included the following: open-canopy road,
partially-open canopy road (including sfcidder trails), development (i.e. houses, buildings, etc.),
river or stream, tnd natural canopy gap. Open-canopy roads were those that were not overtopped
by trees and from which open sky was oteerved. Partially-open canopy mads were overtopped by
trees and revealed little open sky. Natural canopy gaps were openings created by snags and/or
windfalls. Mine edge was considered an external edge and was measured at the territory-level only
when mine was the closest edge type. The mean of quadrat measurements for each variable for each
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plot was used in statistical analyses. Microhabitat measurements also ware made at Cerulean
Warbler nests using the methods described above.
landscape Analyses
We quantified landscape characteristics by digitizing georeferenced copies of the 1996-97
National Aerial Photography Program (NAPP) photographs for our study areas into 7 land use/land
cover categories: mature deciduous forest, mature mixed coniferous/deciduoos forest, grassland,
barren, shrub/pole, water/wetlands, and developed. Roads, trails, and streams were overlaid on
cover maps to examine territory placement relative to these canopy gaps. Fragment sfee was
measured from aerial photographs. Final maps were corrected to reflect changes since 1996. We
used tee maps to calculate the amount of each cover type within 1 km of the center of etch study
plot and to calculate fragmentation indices that may predict Has density of Cerulean Warblers,
Fragmentation indices included contrast-weighted edge density (Appendix 1), core area of mature
forest, area of fragment or continuous forest (within 2-km of the plot center), and distance from
mine edge. We used a 100-m buffer to calculate core area and edge density. Areview®
(Environmental Systems Research Institute 1996) with the Patch Analyst* extension (McOarigal
and Marks 1994, EMe et al. 1999) was used for all landscape analyses.
Statistical Analyses
Habitat Models
To develop habitat Models, we followed the recommendations of Bamham and Anderson
(1998) who advocate an information-theoretic approach, which is based the principle of parsimony.
This principle implies that a model should be as simple as possible with respect to the included
variables, the model structure, and the number of parameters. They recommend the use of
Kultbaek-Leibler information and Aikaike's nrfbrmation criterion (AIC) as the basis fbr modeling
rather than null hypothesis testing. With this approach, one selects a set of candidate models prior
to examining the empirical datt. The a priori models are selected based on previous knowledge of
the species in question. Variables are dropped or combined before modeling with the actual data.
When little is known about the system In question, a large number of candidate models may be
examined in an exploratory analysis. As Burntam and Anderson state, this method emphasizes
thinking about the set of candidate models, excluding those variables that probably are not relevant
to the species, and looking for potentially important variables ta the literature. Models are
evaluated by comparing relative AIC values among models and by examining Aikaike weights to
determine the probability of etch model being selected fer the given dtfa relative to all the otters
(Burnham and Anderson 1998).
Habitat available for Cerulean Warblers was evaluated 3 ways: at the microhabitat level (plot),
landscape level, and the territory level. We began model selection at the microhabitat and
landscape levels by first examining the frequency distribution of Cerulean Warbler territories,
which was found to be a Poisson distribution (Neter et. al 1988). We then modeled the relationship
between territories and habitat variables using Poisson reg-esston (Stokes et al. 1995).
Microtabitat variables included in the candidate models were density of large trees (>38 cm
dbh) and snags, distance from the closest edge, and canopy cover in 4 height classes (Table 2). We
excluded understory stem densities, ground cover, and low canopy cover (<6 w) which likely have
little Influence on habitat selection by this canopy-dwelling species. Average canopy height also
was excluded. Since Cemleans are known to select the tallest frees as singing perches, we felt that
including this variable would bias the results.
At the landscape level, variables were combined or excluded based on known preferences of
the species or because they were highly correlated to one another. The area of mature deciduous
forest was removed from the analysis because it was highly correlated to core area of mature forest
Cover of shrub/pole, grassland, wetlands/ponds, and barren were combined into one cover cltss
(mine) to help reduce the overall number of variables in the model because the species is not likely
to select any of these habitats. Landscape variables included in the candidate models were mine
cover, mature mixed conifer/deciduous cover, development cover, as well as 4 fragmentation
indices (Table 2).
Because little is known about Cerulean Warbler habitat use to West Virginia and there is no
information regarding landscape effects from mountaintop removal on this species, we proceeded
with an exploratory analysis and examined a large number of candidate models (n=488) using a top-
down approach by starting with the full model and deleting variables (Burnham and Anderson
1998). The fell model included all 14 microhabitat and landscape variables (Table 2). We then
calculated AiC values with a correction factor (AlCc), because our sample size to parameter ratio
was <40 (Burnham and Anderson 1998). Models examined included all 14 univariate models,
microhabitat-only models, landscape-only models, and combined models with both microhabitat
and landscape variables.
To examine territory-level habitat use, we developed logistic regression models from use/non-
use data with the same variables used in microhabitat analyses. Use data were measurements taken
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at the center of territories ^primarily singing male core areas or nest sites). Non-use data were
measurements taken on subplots that fell outside the areas used by tinging males, as determined
from spot-maps (Figs. 5*14). Two sets of logistic regression models were developed. Tfte first used
data from all vegetation subplots in all plots. The second used data onry from plots where Cerulean
Warblers were found, to exclude plots where Cerulean* may not have been detected because of the
landscape. We selected the 5 best models from a set of 20 candidate logistic models initially
developed from knowledge of Cerulean Warbler htbitat preferences from the literature and from
consulting with others who study this species. AICC values were used to select the 5 best models.
CodpadsOES betweert treatments
We used ehi-square analysis (Zar 1999) to examine the difference between the used and
available habitat in fragmented and intact forest. We then calculated Bonferroni 95% confidence
intervals (Neu et al. J974) for the proportion of occurrence in each habitat category and compared
them to the available habiM.
Cerulean Warbler density relative to slope, aspect, and edges
Cerulean Warbler territory placement relative to slope position, aspect, and edges was
examined using chi-sqoare analysis (Zar 1999} and Bonferroni 95% confidence intervals (Neu et a}.
1974). The occurrence of Cerulean Warbler territories in each category was determined by using
the position of the center of the territory. Ninety-five percent confidence intervals were calculated
to examine the difference between the proportion of occurrence and the proportion of available
habitat in each category.
We measured the area of each spot-mapping plot that was ridge, mid-slope, and tow-slope to
determine the proportion available for each slope position. The expected number of territories in
each category was determined by multiplying the total number of territories by the proportion of
available habitat b each category. Ridge was considered the area of the plot at the peak with little
or no slope. Low stope was the area of the plot that was at the foot of the slope <25 m from a
stream or creek bottom. Mid stope was til the area between the low stope and the ridge. We
determined the area of each.plot that faced east (0-180*), and west P>180-3S9°), as well m the area
in ridge top snd bottomland (bat have no slope and thus no aspect. Aspects could not be broken
down further because of small sample sizes.
We used chi-square (Zar 1999) to compare use and availability of edge types. Edge type use
was the closest edge to each territory. We determined the availability of edge types using data from
the non-use vegetation quadrats. The proportion of quadrats in each closest edge category was
considered available edge nabhat. The expected total number of territories was the product of the
total number of observed territories tnd the proportion of edge types available in each edge
category. We compared the proportion of edge types available between fragmented and intact
forests using a paired t-test (Neter et al. 1988).
Mating succeaj
W« attempted to observe mating and reproductive behavior on sill plots to 2001, and on a sub-
sample of plots in 2002. Initially we planned to rank male reproductive success using the
reproductive index score of Viekery et al. (1992), However, because these birds stay relatively high
in the canopy, females are notoriously secretive, and few active nests were found, the reproductive
index score was not effective for use with our data. However, we present findings for ail males that
were followed and observed for at least 60 min. Males were considered msted if a female was
observed on the territory, the male was observed feeding fledglings, or the male sang the "whisper"
song, which is only sung fay mated males (J. Barg, pars. comm.). Males were considered unmated if
they never sang the whisper song, females were never observed on the territory, fledglings were not
observed, and the male had a high rate of singing.
RESULTS
Treatment Comparisons
We mapped 14 territories on 175.3 ha of fiagfnett«d forest in 2001 and 10 in 2002 (Figs, 5-
11) for an average territory density of 0,7 territories/10 ha. In intact forest, we mapped 24
territories on SO ha in 2001 and 40 on 80 ha in 2002 (Pigs. 12-14) yielding a mean territory density
of 4.6 territories/10 ha. The proportion of observed tatitaries was less in fragmented forest and
greater in intact forest than fba proportion expected based on the habitat available in each treatment
(Table 3, Fig. 15), Seventy-three percent of all territories were in intact forest, although only 28.5%
of the total area surveyed was intact forest. Territory density was over 6 times higher in intact than
fragmented forest.
Mieraltobitat and Landscape Models
The 5 best habitat models were combined models that included both microbabitat and
landscape variables (Table 4), All 5 models included 3 microhabitat variables (percent canopy
cover >6-12 m (Fig. 16), percent canopy cover >24 m (Fig. 17), and snag density (Fig. 18)) and the
landscape variable distance from mine edge (Fig, 19) as predictor variables. All variables were
positively related to Cerulean Warbler territory density. The best model had an Aikaike weight of
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0.58 relative to the other 4g7 models, indicating that it bad a Sg% probability of being chosen given
she data. The aeat best model had a much lower weight, of 0,09. Although djsisnee from mine
edge appeared to havs a weak relationship wlfc density wh» all distances were aojained, a closer
inspection of the data showed a strong relationship up to 500m from the mine (Fig. 19).
The best microtabitat model contained snag density, percent canopy cover >6-12 m, and
percent canopy cover >24 m as predictor variables, but had alow we%fat (w <0.01) compared to the
combined models. The best landscape model contained tret of mature naked conifer/deciduous
forest and core area of mature forest (Pig, 20) as predictors but also had a very low weight (w
<0.01). Area of fragrnent/cantinuoiis forest also was one of the better predictors (Fig. 21),
Terrttaty~la>et Models
To identity mierohabitat characteristics thtt Cerulean Warblers may use for placement of
thefr territories wMita a plot, we developed logistic regression models comparing territory and
available sites. The 5 best models developed fixsm all plots and only from plots with Cerulean
Warbler territories all had low Aikaflte weights fTtble 5) indicating that these variables are poor
predictors of Cerulean Warbler territory placement. Mftaas and standard errors for these variable*
indicate only a small difference between non-use subplots and territory subplots (Appendk 2),
which may not be biologically significant.
Density relative to aspect, sfape position, mid edgtss
For sli plots combined, ridge habitat use by Cerulean Warblers was greater ttan availability
whereas ntid slope habitat use was less than availability (Table 3, Fig. 22). The proportion of
occurrence on low slopes did not differ from what was available. This trend was the same in both
fragmented and intact forests (Table 3). Territory density was over twice m high on rfdges than on
low and mid slopes (Table 3).
The proportion of Cerulean Warbler occurrence was less ton the proportion available on
west-facing slopes and bottomlands and greater than what was available 01 ridgas; it did not diflfer
from what was available on east-feeing slopes (Table 3). Again, this trend was similar between
intact and fragmented forests. Density was twice as high OB ridges than east-facing slopes 'and 4
times greater on ridges than west-facing slopes and bottomtonds (Table 3).
Whan territories in fragmented and intact forest were combined, territory placement in
relation to closest edge type was different from expected p2»36,t2, df-4, PO.001) based on edges
svwlable on the territory-mapping plots (Table 6), Territories were adjacent to streams fcss than
expected and adjacent to partially-open canopy roads greater th«n esqsected (Table 6). The
distribution of closest edge types did not differ between fragmented and intact forest (t<0,01, df"4,
P=l,00) (Fig. 23), so a similar pattern of selection was observed in each treatment. In both
treatments, territories were adjacent to streams less than expected and adjacent to partially-open and
open canopy roads greater than or equal to expected.
Most territories (63%) crossed either an open or partially-open canopy road/trail (Figs. 5-
14). The mean distance to the closest internal edge was 30.3 m from a territory center and 34.4 m
from a non-use subplot (Table 7), Both the logistic and the Poisson regression models showed a
negative relationship between Cerulean Warbler territory presence/denstty and distance from closest
edge indicating that they preferred areas closer to internal edges. TWO territories in very small
fragments were not included in analyses of closest internal edge because their closest edge was an
external (mine) edge.
Mating Success
We were able to follow 10 males in fragmented fores (on 6 plots) and 30 males in intact
forest (on 6 plots) in the 2 years of the study to determine mate status. Of the 10 males that were
followed in fragmented forest, 60% were confirmed mated based on the presence of a female on the
territory or observations of the male feeding fledglings, whereas 40% were assumed utunated, based
on singing behavior and no observed female on the territory. Similarly, in intact forest, 60% of the
30 males observed were assumed to be mated based on observations of females with the male
(30%) or because of "whisper singing" behavior (30%). Forty percent were assumed to be umrttted.
Males were observed feeding fledglings on 1 fragmented forest plots and I intact forest plot. One
of these males was in one of the smaller fragments (9.4 ha), that had a considerable amount of edge
habitat.
Four nests were found, 1 in 2001 and 3 in 2002. Three nests were in intact forest and 1 was
in fragmented forest. One nest was successful, 2 were unsuccessful (possibly due to abandonment
after severe weather), and 1 fate was unknown. Habitat chaaewisties around nest sites are
summarized In Table 8, Nest tree species were northern red oak (Queraa ntbra), tuliptree
(Lirtodtndnn talipi/era), american basswood (ftfto ameriama), and bittemut hickory (Catya
c&rdifoymes).
DISCUSSION
Our data indicate that loss and fragmeaHititm of forests by MTMVF mining to southern
West Virginia is negatively affecting populations of Cerulean Warblers. Cerulean Warbler territory
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density was lower in fcgws fragmented by mining than ia intact forests. Both mterohabtat and
landscape components are important tk^ors influencing territory densities.
Consistent predictors of territory density tt ft« mterohabitat level were percent canopy cover
>6-12 m, >24 m, and snag density. Previous research indicates that Cerulean Warblers prefer a
canopy divided into distinct vertical layers in flood plain forests of North Carolina, where toll, old- •
growth trees dominate the canopy (Lynch 1981). This bird typically nests at hei^its between 4.6-
18.3 m (summarized in Hamel 2000), and thus it is not surprising that Cerulean Warbler territory
density was higher ia stands with a high amount of canopy cover from >6-12 m. Preference for
areas with canopy cover >24 m is in agreement with studies that fijutid Ais speeias in areas with
large, tall trees and a dense upper canopy (Lynch 1981, Robbitis et at 1992, Oliarnyk 1996).
Additionally, Harael (2000) suggests that the vertical distribution of foliage may be more important
than individual values of canopy cover at different heights, lias, it is not surprising that canopy
covers at 2 height classes were identified as predictors of Cerulean Warbler density. •
The preference for a high density of snags is likely related to the apparent preference for
arras with gaps in the canopy as noted by other researchers (Olitrayk 1996, Oliarnyk and Robertson
1996). Snags likely contribute to the complex canopy structure apparently preferred by Ceraleans
by opening the canopy allowing developmeat of understory trees and by increasing heterogeneity of
the canopy. Further, our data indicate that Cerulean Warblers in our study area are not avoiding
internal edges. We often observed both males and females in or near canopy gaps, such as open and
partially-open trails and roads and natural tree fall gaps. Two of the 4 nests we observed were
within 10m of a canopy gap (a natural tree fell gap and a partially-open canopy road).
Landscape factors also were signifietnt predictors of Cerulean Warbfer territory density.
Distance from mine was positively related to density, particularly within 500 m (Fig. 19), indicating
that Ceraleans are avoiding the large-scale edges produced by the mines. Cerulean density also was
positively associated with core area of mature forest (Fig. 20) and area of fragment (Fig. 21),
indicating a preference for large-blocks of mature forest similar to findings of Robbtos et al. (1989)
and Robbins et al. (1992). Density was negatively associated wfth aret of mixed conifer/deciduous
forest, which is primarily composed of Eastern hemlock. (Tsuga ctmademin) on our study sites.
This result also is not surprising given that this species is known to be restricted to mature
deciduous forests (Hamel 2000),
Results at the territory level were inconclusive. Our data indicate that there was little
difference in microhabitat between territories and non-use areas. It is possible that Cerulean
Warbler habitat is not limited within fte mixed mesophytie forests of southwestern West Virginia
and that suitable areas are not being occupied. Males may settle where others are already present
aad form loose "colonies" (Hamel 2000). If this is true, then Cerulean Warblers would exhibit a
clumped distribution across the landscape, and it would appear that suitable habitat is not being
used. Our data suggest that Cerulean Warblers may follow this pattern (Fig. 5-14). Single males
occurred on only 3 plots where Cereiean Warblers were present..
Other studies identified large-diameter trees as being important for Cerulean Warblers
(Robbins et el. 1992, Olitmyk 1996, Hamel et al. 1994). We did not find tree diameter to be an
important predictor of Cerulean Wtrbler occurrence. We often observed clusters of territories on
ridges with "small" trees relative to tree size in other areas of the forest. Our data suggest that tree
size may be toss important far Cerulean Warblers in West Virginia than in other areas. Hame!
(2000) suggested Sat tree diameters and heights may not accurately reflect Cerulean Warbler
habitat and cannot be extrapolated tmong areas because these metrics are a fimction of topography,
soils, and the site on which the forest is growing.
Both slope and aspect influenced Cerulean Warbler territory placement in our study.
Territories were found more than expected on ridges. Brooks (1908) was the first to note the
tendency of Cerulean Warblers to occupy breeding territories at or near the top of hills in West
Virginia. Researchers in Indiana also have observed a similar trend fa territory distribution (K.
Islam, personal communication). Researchers with the Cerulean Warbler Atlas Project (CEWAP)
in West Virginia also found Ceraleans to be more prevalent on dry slopes and ridges; approximately
65% of their sightings were in these areas (Rosenberg et. al 2000). Ridgetops may have structural
features that aamct Cerulean Warblers. Our data indicate that plots with ridgetops may have higher
densities of snags (<"-2.57, dp*21, P-0,01) than plots without ridges. Thus canopy gaps, which
may be important for Ceruleans, likely are more prevalent on plots with ridges. However, neither
canopy cover >S-12 m or >24 ra differed between plots with ridges and those without ridges. More
research is needed to determine the factors on ridges that attract Cerulean Warblers.
The preference for ridges could result in significant impacts on Cerulean Warbler
populations in the MTMVF region. Because ridges are removed with this type of mining, Cerulean
Warbler preferred habitat is lost. This could b« one &etor contributing to lower territory densities
in forests fragmented by MTMVF mining. The majority of Cerulean Warbier territories in
fragmented forest plots were on those that had ridges remaining. Of ftagments without ridges, only
2 out of 7 had Cerulean Warbler territories (mean=0.17/10 ha), compared to 6 out of 8 with ridges
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that had Cerulean Warbler territories {mean=«Q,9S/10 ha). On tact plots, tto* with ridges had a
mew territory density of 6.0/10 ha compared to 0.80/18 ht on ttiose without ridges. Analysis of
point counts from our earlier study of MTMVT mining also indicates ttot Cerulean Warblers were
found greater than expected at points on rMges (WeaUand gad Wood, unpnb. data), thus,
continued removal of ridges iin soutijeen West Virginia by fyTTMVF mmiag could have serious
negative eflects on Cerulean Warbler populations.
The preference for placing territories on ridges also has JmpKeattons tot using BBS data for
monitoring populations. Most BBS routes in flii» part of West Virginia are ran primarily along
valleys, where territory density is likely lowest; therefore density or abundance estimates based on
BBS data are Ifloely underestimates. However, we have found that Cerulean Warbler abundance at
off-road point counts hi West Vkgtain generally allows a simitar pattern to BBS trends, although
abundance estimates cannot be compared directly (Weakland et al. in review).
One limitation of our study was lack of Wormation on breeding success. Attongh we
anticipated difficulty in finding Bests, we had expected the reproductive index of Vietay et. al
(1992) to be more efltoive. Although we were not able to follow all of the males that we snapped
on the plots, our data do provide some tosight fete reproductive performance. The proportion of
mated males is likely to be an underestimate rather than an overestimate, Since males we classified
as unmated could have had a female flat we did not detect However, based on evidence of nesting
and sittings of fledglings, it appears that Cerulean Warhferi are breeding in both intact and
fragmented forests in southern West Virginia «nd that the proportion of mated nudes (60%) is
similar.
Researchers from Ontario who mistaetted males on our plots captured 5 males in fragmented
forests and 14 to intact forest. In fttpiented forests, 40% were second-year (SY; le. 1-year-old)
males, and in intact forests, 21% were SY birds (K. Qiryan, unpub. data). Although fte data are
limited, they suggest that Cerulean Warblers are breeding successfully in this area, but SY birds
may be displaced into frapnented forests, which may be less suitable habitat
SUMMARY
In conclusion, both landscape and mlerohabitat fectors are influencing Cerulean Warbler
density in southern West Virginia. Cerulean Warbtets appear to prefer ridgetops wi&ta large
blocks of mature forest with a M^i percent canopy cover trom >6-12m and >24m, and a high
density of snap. They do not appear to be avoiding internal (soft) edges such as roads «ad trails,
15
but do appear to be avoidftg the external (hart) edges wetted by mining. Generally, MTMVF
wining reduces the amount of forested habitat available for use by Ceralean Warblers »nd is
lowering the suitability of the remaining forest habitat as evidenced by tower territory density in
fragmented forest and near mine edges. Because of the targe size of most MTMVF areas, it is
possible that they may have negative effects on populations of the Cerulean Warbler ttiat require
large blocks of artfragmeatsd forest for breeding. Loss of ridgetop habitat appears to be particularly
important in reducing territory density. The 3 MTMVF complexes on our study areas totaled 7,244
ha with approximately 76% in grassland habitat, 14% shrub/pote. and 10% fragmented forest
(Wood et al. 2001). If we assume (hit this ares was approximately §0% Intact forest before mining,
take into account flat some fragmented forest remained after mining, and use a mean territory
density of 4.6 territories/I Qha to intact forest and 0.7 Jerrttories/lflha in frajpnented forest, then
potentially 2,625 Cerulean Warbler males could have been displaced by these 3 mines. However, at
this point we do not know if nesting success {lifters between intaet and fragmented forests or among
different slope positions. So, although territory density may be higher in intaet forest and on
ridgetops, fledging success miy not necessarily be higher than other areas.
ACKNOWLEBGEMEOTS
Funding for this study was provided through the.Species-at-Risk program of the USOS,
Biological Resources Division. We thank staff of Arch Coal and Cannelton mining companies for
logistical support and for access to fteir properties. Arit Land Company provided field housing.
We also thank the field technicians who assisted with data collection: S. Bosworth, A. Carroll, J.
rhrtman, M. fenes, S. Mtreaetti, J. Simmons. R. Dettmers, T. Muir, K. Rosenberg, and C. Tibbott
provided help&I comment! on aa earlier draft of this manuscript, The West Virginia Cooperative
Fish and Wildlife Research Unit (BRD/USGS) provided field vehicles, access to compaters. and
logistical ind administrative support. WVU Division of Forestry also provided logistical and
administrative support.
LITERATURE Crrs)
Bibby, C. J., N. 0. Burgas, and D. A. Hill 1992. Bird census techniques. Academic Press Inc.,
San Diego, Ca.
Brooks, E. A. 1908. Notes from West VirfMa, Auk 25:235-238.
16
MTM/VF Draft PEIS Public Comment Compendium
A-822
Section A - Organizations
-------
Bumfaam and Anderson 199$. Model selection and inference: a practical arfbanstion-thoeietic
approach. Springer, New York, N. Y.
Duguay, J. P., P.B. Wood, and 3. V. Nichols. 2001. Songbird (tendance and avian nest survival
rates in forests ftagmented by diflerent siivicaltural treatoents. Conservation Biology 15:
1405-14J5.
ElMe,P.C,,RempelR.S.,andA.P.Carr. 1999. Patch Analyst0 User's Manual. Ontario Ministry
ofNaftral Resources, Northwest Science aad Technology, Thunder Bay, Ontario, Canada.
Environmental Systems Research Institute. 1996. Using ArcVlew* GIS. Environmental Systems
Research Institute; Redlands, Ca.
Faabratg, J., M. Brittin^aam T. Donovan, and J. Blake. 1995. Habitat fiagjmeatafen i» the
temperate zone. Pages 357-380 fn Martaj, T. E. and 0. M. Finch, Eds. Ecology and
Management of Neotropical Migratory Birds. Oxford Universfty Press, Ox&rd and New
Yoifc.
Finch, DM. 1991. Population ecology, habftat requirements, awl conservation of neotropical
migratory birds. U.S. Forest Service General Technical Report KM-20S.
Gibbs.J.P.andJ.Ftaborg. 1990. Bstimattag fte viability of OvenWrd and Keitecky Warbler
populations in test fragments. Conservation Biology 4:193-196.
Htmel, P. B,, W, P. Smi4, R. 3. Cooper, and C, A. Woodsoa. 1994. Empirical prediction of
habitat variables of Cerulean Warblets in bottomland hardwood Sweats. ABSTRACT. Paper
presented at First North American OmM>olo($etl Conference, Misseula, Mont
Hamel,P,B. 2000. Cerulean Warbler status assessment. U. S, Fish and Wildlife Service.
http:/Avww.fWs.gOY/r3pao/iTOj5erv/<»dan|i^^
Hunter, M. L., Jr. 1990. Wildlife, forests, and ^forestry: principles of managing forests fer
biological diversity. Prantice-Hall, Enflewood ClitS, N, J.
James, F. C. and H. H. Shugait 1970. A quantitative method of habitat description. Audubon
Field Notes 24:727-737.
LyncM.M. 1981. States of the Cerulean Warbler is the Roanoke River basin of North Caroitaa.
Chat 45:29-35.
McGarigal,K., aad B. 1, Marks. 1995, FRAGSTATS: spattol pattern analysis program for
qutnlirytag landscape structure. U. S. Forest Service General Technical Report PNW -351.
Martin, T,E,, C, Paine, C.l Conway, W. M. Hockacbka, P. Ate, and W. tokins. 1W7. BBtRJD
Field Protocol. U.S.G.S., Biological Resources Division, Montana Cooperative Fish and
Wildlife Research Unit, Mtssotila, Mont.
Neter, J., W. Wasserman, and G. A. Whitmore. 198S. Applied statistics. Allyn and Bacon. Inc.,
Boston, Mass.
Neu, C. W., C, R. Byers, and 1. M. Peek. 1974. A technique for analysis of utiltarion-avaitabiliiy
d«a. Journal of Wildlife Management 38:541-545.
Oliamyk, C. J. 1996. Habitat selection and reproductive success of Cerulean Warblers in
southeastern Ontario. M. S. Thesis, Queen's University, Kingston, Ontario, Canada.
Oliarnyk, C. J. and R, I Robertson. 1996. Breeding behavior and reproductive success of Cerulean
Warblers to southeastern Ontario. Wilson Bulletin 108:673-684.
Paton, W. 1994. The eflwa of edge on avian nest success: how strong is the evidence?
Conservation Biology 8:17-26.
Probst, 1. R. and J. P. Hayas. 1987. Pairing success of Kirtland's Warblers in marginal vs. suitable
habitat Auk 104:234-241.
Ratti, J. T. and E. 0. Ganott 199S. Research arid experimental design. Pages 1-23 iBBcohoutT.
A, Ed. Research and management techniques for wildlife and habitats. The Wildlife
Society, Bethesda, Md.
Robbias, C. S,, D. K. Dawsen, and B. A. Dowell. 1989. Habitat area requirements of breeding
forest birds of the Middle Atlantic states. Wildlife Monographs 103.
Robbins, C. S., J. W. Fittpatrick, and P. B. Mamel. 1992, A warbler in trouble: Dendroka cmtlta.
Pages 549-562 in Hapn, J. M. Ill and D. W. Johnston, Eds. Ecology and conservation of
neotropical migrant todbirds. Smithsonian Institution Press, Washington, D. C.
Rosenberg, K. V. 2000. Partners in Flight landbird conservation plan: physiographic area 22: Ohio
Hills, unpublished draft.
Rosenberg, K, V., S. E. Barker, and R. W. Rohrbaugk 2000. Aft atlas of Cerulean Warbler
populations. Final report to the U.S. Fish and Wildlife Service., December 2000.
Rosenberg, K. V., and ). V. Wells. 2000. Global perspectives on neotropical migrant conservation
in the Northeast: long-term responsibility vs. immediate concern. In Boaney, R, 0. N.
Pashley, R. J. Cooper, and t. Kites, Eds. Strategies for bird conservation: the Partners in
Flight planning process. Proceedings of the 3rd Partners in Flight Workshop, October 1995,
17
MTM/VF Draft PEiS Public Comment Compendium
A-823
Section A - Organizations
-------
CapeMiy.NJ. Proceedings RMRS-P-W. Department of Agriculture, U,SJ>.A. Forest
Service, Rocky Mountain Research Station, Ogden, Utah,
Sauer, J. R_ J. B. Bines, I. Thomas, J. Fallen, and 0. Gough. 2000, The North American Breeeiifig
Bird Survey, Results sad Analysis 1966 - 1999. Version 98.1, USGS jPataxent Wildlife
Research Center, Laurel, Mi. htto;//«»w.mbf-pwe.i»gS40V/bbs/bfa8.1itnil
Stokes, M. B., C. S. Davis, and G, G. Koch, 1995. Categorical data analysis using the SAS System.
SAS Insittate, lac. Caty.N.C,
V. S. Environmental Protection Agency. 2001. Mountttotop removal aintag/Va!l«y fill
environmental impact statement (preliminary draft). D.S. B fJi. Region 3, Philadelphia, Pa.
V»nHome,B. 1983. Density as a misleading indicator of habitat quality. Journal of Wildlife
Management 47:893-901.
Victory, P. D, M. L. Hunter, and 1V. Wells. I992. Use of a new reproductive index to evaluate
retotiofish^M between habitat quality tad breeding success. Auk 109:697-705.
WeaHand, C, A., P. B. Wood, and W. M. Ford. 2002. Responses of songbirds to dtameteMimit
cutting ia the central Appalachians of West Virginia, USA. Forest Ecology and
Management 155:115-129.
WeaMand, C. A., P. B. Wood, G. B. WQBmt, J. P. Daguay, T. DeMeo, and J. Nichols. In wvfew.
Cerulean Warbler habitet diaraoteistics in West Virginia.
Wood, P. B., C. A. Weakland, and J. W. Edwards. 2001. MotBtttintop removal mining/valley fill
environmental impact statement technical study: terrestrial vertebrate (breeding songbird,
raptor, small mammal, Jwrpetofanaai) populations of forested and reclaimed sites. Final
project report 15 Jan. 2001
Yahner, R.H. 1988. Changes in wildlife communities near edges. Conservation Biology 2:333-
339.
Zar, J. H. 1999. Biostatistical analysis, fourth edition. Prentice Hall, "Upper Saddle River, N. J.
Table 1. Mine sites, trettrtients, study plots, and size of plots used to map Cerulean Warbler
territory densities in southern West Virginia in 2001 and 2002.
Treatment Mine Site
Fragmented Cannelton Center A
Center B
Center C
Jim Hollow/Hughes Fork
Daltex Hurricane
Beech Creek
Jenny
Monclo
Warehouse* I
Warehouse #2
Hobet Lavender Fork
Big Horse Creek
Stanley Fork East
Stanley Fork North
Stenlev Fork West
Total
Intact Cannelton A
B
C
Daltex Ptgeonroost A
Pigeonroost B
Oidhousc Branch
Hobet Ballard Pork
Spring Branch
Tots!
*of
Plots
i
1
2
3
1
1
2
1
1
. S
2
2
1
1
1
21
1
t
1
I
1
\
I
I
8
Plot sizes Forest Size
ftal Jw)*
8.6
9,4
10.0
7.5. 10.0, 10.0
10.0
10.0
10.0
19.7
1.0
2.8
10.0,10.0
10.0,10.0
11.6
9.7
5.0
175.3
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
$6.6
8.6
9.4
36.0
290.5
4S.5
15.9
20.3
19.7
1,0
2.8
153.8
113.6
11.6
9.7
23.9
1079
752
926
1177
1211
S28
789
930
* Forest size for fragments is the actual size of the fragmew and for intact forest it is area of
continuous forest within 2-ta of the plot center.
19
20
MTM/VF Draft PEIS Public Comment Compendium
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Section A - Organizations
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Table 2. Mlcrohabitat am landscape variables used to model the territory density of Cerulean
Warblers in southern West Virginia,
Variables
Microhahitat
Percent Canopy Cover.
>6-12m
>I2-i8m
>18-24m
>24m
Density of trees >38 em dbh
Density of wags >8 em dbh
Distance to closest edge
Landscape
Area of:
Reclaimed mine
Mature mixed conifer/deciduous
Development
Contrast-weighted edge density
Core area of mature forest
Area of fragment/continuous forest
Distance to mine
Code
CC6-12m
CC12-18m
CC18-24m
CC24m
TressSScm
Snags
DstSdge
Mine
MstMix
Devei
CWED
CoreAret
ForArea
DstMtoe
Table 3. Occurrence and density of Cerulean Warbler territories in fragmented and intact forests, at different slope positions, and
aspects in southwestern Vest Virginia,
Tol
1 regiments
Fragmented
iittuct
Stop! PtftthM
Att flea
Low
MM
RMge
Fragftented forest
Low
MM
RWge
Low
Mid
Ridge
Aspect
Alt Flat
East
W«t
Ridge
Bottom
tmf, of No.
iotslta CERW
Total da J0,») Otefved
350,6
140
32,2
344.4
114
19.2
152.4
79
13
92
35
W8.8
145,6
114
32.2
0.715
0.285
0,846
fl.702
0.232
0.855
0.710
0.225
0.0»
0.657
0.250
0.405
0.»7
0,232
0.066
24
M
5
M
44
1
12
II'
4
26
34
37
5
45
1
No.
CERW
Expected
63
25
6
62
20
1
17-
6
6
5!
22
36
26
20
6
Prep, of
observed in
each area
0.273
0,727
0.055
0.440
0.505
0.040
0.480
0.440
0,076
0.3»4
0,500
«.407
0,055
0.4*4
0.022
55% Confidence
Interval fo^"
0.180
0.634
-0.002
0.315
0.3JO
-O.OW
0.355
. '0,3(6
0,009
0.272
0.375
0.278
-0.005
0.352
-0.016
Upper r if
O.J66 84.98 1
OJ20
0.1 12 37.J3 1
0.5J4
0.631
0.089 5.64 2
O.«05
0.564
0.142 23.32 2
0,516
0.625
M55, 48.45 3
0.115'
0414
0.060
Tetrliorie
/"-value /lOta
<0.01 0.7
4.6
<«.«! 1.6
I.I
3.9
<0.lfl 0.5
0.5
1.4
P<0,001 3.8
2J
9.4
P
-------
Fragmen/W £ of est
East
West
Ridge
Bottom
Imact Forest
EM
West
Ridge
Bottom
13«,8
1 15.8
19
19,2
62
30
35
13
0,350
0.330
0.225
0.05$
0.443
0,214
0.250
8.093
12
1
11
0
25
4
34
I
9
8
6
1
28
14
16
6
0.480
0.040
0.440
0.000
0.37J
0.06:
0,500
0.030
0.349
•0.01 1
0310
0.000
0,252
•0,002
OJ69
-0.015
0.611 12.J9 3
0,091
0,570
0.000
0.506 28.19 3
0.123
0.631
0.075
<0,01 0.9
0.1
1.4
0.0
l'<0.001 4.0
1.3
9,4
1,5
proportional use Is accepted or rejected (Neil et al. 1974).
Table 4. Independent variables for the 5 best combined, microtabitat, and landscape Poisson
regression models «s«d to predict Cerulean Warbfer territory density in southern West Virginia,
with their AICc values, ? AICc values, Aikatke weights (w). Mid mnk (out of 488 models). The
'4-' and'-' signs before eash variable indicate the direction of the relationship between the variable
and territory density.
Models
Combined
+CC6-12m,
+CC6-12m,
+CC6-12m,
-t-CC6-12m,
+CC6-I2m,
•KX24m, +Snags, +DstMine
+CC24m, +Srags, +DstMine, -MatMix
4CC24rn, +Simgs, ^DstMtae, iCoreArea
+CC24m, -fSnags, +DstMine, +FragArea
+CC24m, +Snags. -i-DstMine, +Devel, -MatMix
AICc
-38.46
-34,64
-34.34
-32.89
-32.75
?
0.00
3.82
4.12
5.56
5.71
w
0,58
0.09
0.07
0.04
0.03
Rank
1
2
3
4
5
Microhabit.it
-)-CC6-i2m, +CC24m, 4-Sntgs
•MX&"l2m, +CC24rn, +Snags, -DstEdge
•HCC6-12rn, +CC24m, +Snags, -t-TreesSScm
+CC6-12m, +CC24m, -HSnags, -KTreesSteffl, -DstEdge
•fCC6-12m, +CC24m, +Snags, -CC12-18, +Trees38crn
-26.31 12.14 <0.01 36
-25.34 13.12 0.01 41
-24.94 13.52 <0.01 46
-24.16 14.30 <0.01 52
-24.13 14.33
-------
Table 5. Th« 5 best micwtabtet tagistfc regression naodeb used to predict Cerulean Watbler
presence in southern West Vogiab, wWi ftefe AICc vttoes, t AICc vstaes, and Aitaike
weights (w). The'+> and'-' sifas before each variable indicate the direction of ttie relationship
between fhe variable sad territory density.
Models
AICc
All plots
+CCI8-24m
+CC18-24m,+Saags
-DsiEdge
•fCC24m
Only plots with Cerulean Wartters
-KXl8-24m
-Bsffidge .
467.18 0.00
467.75 0.57
467.81 0.63
468.35 1.17
468.48 130
+CC12-lSm
+Trees38om
413.99
414.00
414.09
414.19
414.34
0.00
0.01
0.10
0.19
0.85
0.15
0.11
0.11
0.08
0.08
0.13
0.13
0.12
0.12
0.08
Table 6, Qeeutrenee df Cerulean Warblers (CERW) adjacent to different closest interatl edge types in southwestern West Virginia.
A»sitat»)itsr.
Test/Edge tyjia
A [mob
Natural ggp
StfeSIB
Partially Ojsen road
Open mad
>2 Types
FraiJatBfeiJ forest
Hataral pp
Stream
Partially open foad
Open road
>2 Types
MM forest
Natural gap
Stream
Partially open f2 Types
Kumber
!|yadmJs
33
131
1M
»
17
D
91
W
49
12
»
40
«
30
5
Proportion
te.)
0.084
8.352
0.319
0302
0.043
0.052
OJ»
OJIJ
O.ltS
0.0«
0.142
0.214
0.32J
«aj
0.03S
CERW
Expected
7
29
26
1?
4
1
8
?
4
1
9
n
20
13
2
CKRW
Observed
tt
5
40
27
1
1
1
16
3
0
9
4
14
24
1
Prop. 0f
ObMfved
if,)
8.120
0.060
8.482
0.315
0.0 1 1
0.048
J.04J
0.7M
0.143
0.000
8.145
O.OS5
6.387
WI7
0.016
95% Confidence
leterva! fi)rpi"
towssr
0.«J«
-0.007
0.341
0.193
-O.OW
.0.072
4.072
O.J23
^.053
0.000
0.038
•OMt
OJ2J
»JM
-o.oa
Uiiiwr ^
0.212 -' 3«J2
0.127 <
O.S23 >
0.457
0.043
0.16? 1195
0.167
1.000
0.33»
O.Q09
0.340 * 21.50
O.M5 <
O.J4S
k*w >
0.057
df />-v«to
4 <0.001
4 ).
25
MTM/VF Draft PEIS Public Comment Compendium
A-827
Section A - Organizations
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Tnhte 8, Me«i«!»d«Mj!}ti«t«mjB(SE)oftnfCerotein
Warblers (n-3) in southern West Virginia.
Ttble 7, Mean distance (m) of Cerulean Warbler territory centers (ti-83) and non-use subplot centers (n=392) from the closest
internal edge in fragmented forests, Intact forests, and combined forests in southern West Virginia,
Fragmented Forest
Non-use
Edge Types
Natural Gap
Stream
Partially-open canopy road
Open-cttopy road
More than one type
Any edge
n
13
98
79
49
12
251
Mean
27.3
32.0
20.1
77.1
39.2
37.1
Territory
n
1
1
16
3
0
21
Mean
50.0
15.0
12.5
68.3
-
22.4
Intact Forest
Ita-nse
it
20
40
46
30
5
141
Mean
18.5
28.5
22.6
42.2
68.0
29.5
Territory
n
9
4
24
24
1
61
Me««
14.3
27.5
20,0
54.4
20.0
33.0
Combined
Non-use
n
33
138
125
79
17
392
Mean
22.0
31.0
21.0
63.8
47,6
34,4
Territory
a
10
5
40
27
1
83
Mean
17.9
25,0
17,0,
55.9
20.0
30.3
Variables
Aspect Code
Slope (%)
Distance to closest edge (m)
Nest Height (m)
Stem Density (no./ha)
<2,5ctn
>2.S-8 cm
>8-23 cm
>23-3§cm
>38cm
Snags >8 cm
Canopy Cover (%)
>0.5-3 m
>3-6m
>S-12m
>!2-18m
> 18-24 m
>24m
Mean
0.9
473
20.0
15.8
6916.7
541.7
408.3
141.7
116.7
241.7
13.3
25.0
31.7
36.7
45.0
30.0
SB
0.5
1.9
10.4
3.3
2387.4
1S0.2
93.9
65.1
104.4
41.7
7.3
11.5
1«.4
18.6
13.2
16.1
Range
0,5-1.8
45-51
5-40
9-20
2625-10875
250-750
250-575
25-250
0-325
200-325
0-25
5-45
0-55
0-60
25-70
5-60
27
28
MTM/VF Draft PEIS Public Comment Compendium
A-828
Section A - Organizations
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Figure t. Location of (ho Hobet, Daltex, atrf Oanaelton monntnintop mine «ompletes in soBtlern Weit Vir^nk
N
4 KRMMtMt
Figure 2, Aerial photo showing flit location of study plots on tnd near the Cswiellon mine complex. Plot boundaries trc to red.
29
MTM/VF Draft PEIS Public Comment Compendium
A-829
Section A - Organizations
-------
N
N
Figure 3, Aerial photo showing the location of sttidy plots on and near the Date miie complex. Plot boundaries are in red.
Figure 4. Aerial photo showing the loation of study plots on and near the Hotel mine complex. Plot boundaries are in red.
32
MTMA/F Draft PEIS Public Comment Compendium
A-830
Section A - Organizations
-------
A
Figure 6. Fragmented forest plots and Cerulean Warbler territories in 2001 and 2002 at the Cannelton Mine.
Figure 5, Fragmented fcrest plots mi Cerulean WsrWer territories to 2001 and 2002 at the Cinneion Mine.
33
34
MTM/VF Draft PBS Public Comment Compendium
A-831
Section A - Organizations
-------
1 Kllomiten L\
Figure 7. Fragmented forest plots and Cerulean Warbler territories in 2001 Mid 20b2 at the Daltex Mine.
Figttre 1 Fomented ftresi plats and Cewtetn Warlfer ttrrttoriei in 2001 and MM at the Data Mine.
35
MTM/VF Draft PEIS Public Comment Compendium
A-832
Section A - Organizations
-------
Figiire 9, Fmgmented forest plots and Cerulean Warbler Srrltories to 2001 and 2002 «i tte Hobet Mine.
Figure 10. Fragmented fcrest plots aid Cerulean Warbter territories In 2001 and 2002 at the Hobet Mine,
37
38
MTM/VF Draft PE1S Public Comment Compendium
A-833
Section A - Organizations
-------
;eitfferMreffiii0!is
Figure 12. Intact forest plots and Cerulean Warbler territories in 2001 and 2002 at the Cwwelton Mine,
Figure 11. Fragmented forest plots and Cerulean Warbler territories in 2001 and 2M2 at the Hobet Mine.
40
MTM/VF Draft PEIS Public Comment Compendium
A-834
Section A - Organizations
-------
Figure 13. Intact forest plots «d Cerulean Warbler territories in 2001 and 2002 at the Daltex Mine,
Figure 14. Intact ferea plots and Cerulean Warbler territories in 2081 and 2002 it the Hobet Mine,
41
42
MTM/VF Draft PEIS Public Comment Compendium
A-835
Section A - Organizations
-------
Fragmented Farest Intact Forest
Treatment
• Observed i Expected
Figure 15, Observed aid expected number of Cerulean "Warbler (CERW) territories per 10 la in fore* fragmented by MTMVP
mining and in intact fcresfs in southern West Virginia 2000-2001, Expected number of territories are based on the amount of
available habitat.
43
(0
12
10
8
1 6
I
45 55 65 75 85
Percent Canopy Cover >6-12m
Figure 16, Relationship between Cerulean Wntoler (CERW) territory density and percent canopy cover >6-l2m.
44
MTM/VF Draft PEIS Public Comment Compendium
A-836
Section A - Organizations
-------
12
ra
£
O
«
•1 •
UJ i .
O /
* »
» « »
0 10 20 30
Percent Canopy Cover >24m
Figure 17. Relationship between Cerulem Watb!er{CERW) territory density and t»re«rt sswopy cover >24m.
20
100
40 60 80
Snags/ha
Rpr« 18, Relationship between Cerulean Wsrbier (CERW) telritory density »d «g density (standing tod trees >8 em dbh).
45
46
MTM/VF Draft PEIS Public Comment Compendium
A-837
Section A - Organizations
-------
a.)
b.)
12--
10 -
8-
6-
4-
2-T
0
14
12-
10-
s -
6
4
2
0
800 1000 1SOO 2000 2500
Distance from Mine Edge (m)
3000
100 200 300 400
Distance from Mine Edge (m)
500
12
m
| 10
1 8
0)
i
LU 2
O l
4-
0 50 100 150 200 250
Core Area of Mature Forest (ha)
Figure 20. Relationship between Cerulean Warbler (CERW) territory density and core area of forest (forest > 100m from an edge).
Figure 19. Relationship between Cerulean W«Wer (CERW) territory density and distance ftorn
mine edge at a) til distances, and b) distances
-------
12
10
8
6
4
2
0
0 250 500 750 1000 1250
Area of Fragment/Forest (ha)
Figure 21, Relationship between Cerulean Warbler (CBRW) territory density and 'area of forest fragment or area of continuous fore
within 2-hn of plot centers.
49
Mid
Slope Position
| • Observed • Expected]
Ridge
Figure 22. Observed and expected number of Cerulean Wai-bier (CERW) territories relative to
slope position in a) fragmented, b) intact, and c) both fragmented and intact forests combined in
southern West Virginia. Expected territories arc based on the amount of available habitat.
50
MTM/VF Draft PEIS Public Comment Compendium
A-839
Section A - Organizations
-------
Appendix I. Contrasts and weights used to calculate the contrast-weighted edge density1.
Ecotone Contrasts
Weight
Natural Stream
Partially Open road >2 Types
open road
Mature Deciduous - Mature Mixed Conifer/Deciduous 0.00
Mature Deciduous - Grassland 1.00
Mature Deciduous - Barren 1.00
Mtttire Deciduous - Shrub/pole 0.50
Mature Deciduous • Water/wetland 0.25
Mature Deciduous - Developed 1.00
Mature Mixed Conifer/Deciduous - Grassland i .00
Mature Mixed Conifer/Deciduous - Barren 1.00
Mature Mixed CoitiferyDesiduous - Shrub/pole 0.50
Mature Mixed Conifer/Deciduous - Water/wetland 0.25
Mature Mixed Conifer/Deciduous - Developed 1.00
Grassland - Barren 0.25
Grassland - Shrub/pole 0.50
Grassland - Water/wetland 0.25
Grassland - Developed 0.25
Barren -Shrub/pole 0.75
Baron - Water/wetland 0.25
Barren - Developed 0.00
Shrub/pole -Water/wetted 0.25
Shrub/pole - Developed • 0.75
_ Water/wetland -.Qeyetopeif 0.25
* Edge is the sum of the perimeters of all habitat patches, Edge density (m/ha) is amount of edge
relative to ttie landscape area. Contrast-weighted edge density allows edges of dlHerent types to
contribute varying amounts to this metric. We%te represent the magnitude of contrast between
adjacent habitat patches. Ecotones were given weights relative to differences in vegetation
structure.
Closest Edge Types
i Fragmented S Intact
Figure 23. Distribution of closest edge types in forests fi-agtwnted by MTMVF mining and intact forests in southern West Virginia.
51
52
MTM/VF Draft PEIS Public Comment Compendium
A-840
Section A - Organizations
-------
Appendix 3, Means and standard errors of microhaWttt and landscape variables in fra0netned
forests (n™15) and intact forest {n»8) to southern West Virginia.
Appendix 2. Means and standard errors of raicrotebitst variables at territory centers in fragmented (rrf3) and intact forest (n™62)
and at non-use subplots (fragmerrted=272, intaet-140)
Territories
Fragmented
Variables
Aspect Code
Slope (%)
Distance to closest edge (m)
Average canopy height (IB)
Percent CanoBV Cover:
>0,S- 3 m
>3-6m
>6-12m
>12-18rn
>18-24m
>24rn
<2.5 cm
2.54cm
>8-23 cm
>23-38 cm
>38cm
Snags >8 cm
Mean
1.0
38.4
22,6
18.5
34.8
J9.3
«6.5
69.8
46.1
8.7
SB
0,1
4.9
6.3
1.0
5,1
6.0
4.4
5.1
6.5
3.2
9462.0 2725 3
809.8
33! 5.2
1065.2
413.0
630,4
97.8
241.6
118.9
78.0
84.5
Intact
Mean SE
1.5 0.1
47.7 2.1
33.2 4.1
17.6 0.4
34.8 2.9
53.6 3,1
68,6 2.6
62.7 2,7
45.2 3,2
19.0 3,0
66335 fii5.7
698,8 60.8
3438.5 177,6
954.9 93,3
532.8 55.2
586.1 75,4
Man-use Subplots
Fragmented Intel
Mew
1.0
38,d
38.4
19.*
45,1
64.6
68,7
61.5
34.2
11.3
SE
0.0
1,3
2.5
0.3
1.5
1.4
1.3
1,5
1.8
1,3
f204.5 451.6
852.0
403.4
96.4
41.5
48.9
37.1
13.6
3.7
2.1
2.8
Mean
1.1
44.7
29.5
18.5
37,3
57.6
64.5
61.3
46,2
17.9
SE
0.1
2.1
2.8
0,4
U
2.1
1,7
1,8
2.0
i.S
6797.9 508.2
859,0
343.1
97.7
47.2
49.3
57.7
13,5
4.7
3.7
4,7
Combined
Territories
Mean
U
45.0
30.2
17.9
34.8
54.6
67.5
64.4
45.7
16.8
73W.7
722.1
338.5
101.5
49.7
59.7
SB
0.1
2.1
3.4
0.4
2.5
2.8
2.2
2.4
.2.9
2.4
863.9
51.4
14.4
7.5
4.6
5.9
Non-use
Mean
1.0
40.7
35.4
19.4
42.4
62.2
67.3
61.4
39.6
13.5
6407.1
834.4
382J
96.9
434
49.0
Si
0.0
t.i
1.9
0,2
1.2
1.2
" 1.0
1.1
1.4
1.1
343.9
31,3
10.1
2.9
1.9
2,4
Fragmented Forest
Variables
Microhabitat
Aspect Coda
Slope (%}
Distance to eioswt edge (m)
Average canopy height (m)
Percent Ctnopv Covet :
>0.3-3i»
>3-6m
>!2-t8m
»8-24m
>24m
Stein Densiii^ (no./im>.
<2.5cm
2.5-fcm
>8-23cm
>23-38cm
>38crn
Snags (>tern)
Landscape
Barren
Grassland
Shrub/pole
Water /wetlands
Mature deciduous forest
Mature mixed eonife/dedduoui forest
Developed
Praamronsttoii tasto:
Contrast-weighted edge density
Core area mature forest
Distance to mine edge (m)
Are* of ftagmenyintact forest
Mean
0.9
41.5
35.3
19.6
41.4
64,5
67.7
63.4
40.0
9.8
5821.3
877,0
392.9
96.4
41.6
51.7
5.5
146.0
47.7
2.0
91.1
14.0
6.5
43.0
25.6
113.3
51.0
SE
0.1
2.8
4.3
0.6
3,5
3.0
2.1
2.9
4.8
2",7
517.2
$7.5
29.4
6,4
4.8
4.5
1.0
16.1
10.1
0.3
9.6
1.7
3.1
3.1
6.0
14.5
20.4
Intact Forest
Me*n
1.2
45.6
28.8
18.1
35.5
56.9
66.0
61.2
46.7
18.5
7191.3
796.2
350.2
95.9
4S.O
54.1
3.5
31.5
12.0
0.4
247.0
13.3
5.0
24.8
193.4
957.2
961,7
SE
1.3
5.1
4.8
2.2
6.1
6.8
6.3
6.1
5.6
6.7
1226.5
11 $.3
53.9
IU
6.7
8.5
2.1
32.8
5,6
1.4
38.9
4.3
2.4
4.6
33.8
295,2
176.7
53
54
MTM/VF Draft PE1S Public Comment Compendium
A-841
Section A • Organizations
-------
A,\fFR!( A\ 13RU CONSFRYANCY
K-^sa^ Secretary of Affir^y ft* Gvjf
\ We- t Vu
iai to i^«£ racmtam top t
f 1«reti
^i difltl fill rl ovo \000 sterns ot iwyjitsjio to^ & the last was1 Tlw
^ci!|» is^is!^;-vg! ^f 1S5^ 000 asji-t*? ft* matinre decjdiiow teest oa mmtitt&ia
i^ , W^^'swit o! i rr¥ "^s«ffip ^ib*^ FiafhiSF tfcj* Ocsw %ster Ac
•- ^Ji,? * r*.tj. n1^ fer iurt sr^e: sc'sfi?1* -m«t "fet's, Uje curuw »s^ svf R^J
wit ^a'te !>•! is
I fat Policy
1-9
X
7 > I « Jft < &*
if ru «i w d
jn •.< s I f
* i k i
, f »J
E * . V Y" ^ hC JftKf
YvJii' lsisn'.efitk>« is
1-9
4-2
MTM/VF Draft PE1S Public Comment Compendium
A-842
Section A - Organizations
-------
----- Original Msssag® ----- --
Promt G-srald k'in&grad [malltc:gw^afocbirds.erg)
Sent: Monday, January 05, 2004 10:14 AM
To: Trctt, Katharine L
Subject: ST'QP Destruction of Entire Ecosystems fr
Rftieova I/ Valley Pill-SG Groups Protect
Mountain Top
Dear Ms. Trott:
The DEIS is woefully inadequate to address the massive and permanent
ij^acts on avian species, other wildlife and fish, and the entire
ecosystem at risk from the projected loss of ovar 380,000 acres dt
high-quality forest to mountain top removal coal mining in Tenne$s&<§,
West Virginia, Virginia, and Kentucky, fhis forest destruction and
concomitant valley fill is the greatest federally permitted land use
alteration occurring in th& United States. The* projected destruction
detailed in th& draft EIS and %?ould occur aver the nsxt ten years.
The EIS process has been usurped by Interior Deputy Secretary Griles
order to rejtcove all environmental alternatives from the DEIS- As
outlined in th® attached letter ir&m 50 national and regional groups,
the DEIS is -grossly defective and needs to foe r«s-written. We urge you
to act to fc@rad.nats issuance of n&w nsountaintop mining permits until
an
EIS is ccmi£>l«fced and adopted, as required by BBPA.
The Army Corps of Engineers has continued to issue mountain tap
rsisoval/valley fill Clean Water Act permits for coal mining, despite
the
failure to complete an EIS. In Tartnesses alone, permits by the Army
COE
have been issued for the removal and fill of over 5,0&0 acres of
mountain tops in the last, year,
Vie foelievs that NEPA requires such a moratorium as ths environmental
impacts are* so massiv© from the projected removal of 380,000 acres of
mature deciduous forest an mountain tops an-d the placement of £111 in
stream valleys. Further, the Clean Water Act dictates individual
permits should be required for such major actions and thus, the
current
use of nationwide permifca is illegal,
The DEIS is so defective- that it fails tc substantively discuss the
significant impacts on th® &ntijr*3 suits -of Partners in Flight priority
mature forest birds within the EIS study area e.g., Cerulean Warbler,
Louisiana water thrush, Worm-eating Warbler, Kentucky Warbler, i«5oo4
Thrush, and Yellow-throated Vlreo, All of these bird species are also
classified as Birds of Conservation Concern fay the U. S. Fish and. "
Wildlife Service within the Appalachian Bird Conservation Region,
which
overlaps the araa considered in the draft EIS. Ths destruction of the
380,000 acrsss will result in a lose of 137,836 Cerulean Warblers (ESA
listing petition pending} the n*sxt
fSee attached file: MtnTopMiningCSMtientsSOOroup-sJanS -
1-5
1-13
MTM/VF Draft PE1S Public Comment Compendium
A-843
Section A - Organizations
-------
Citizens
MTM/VF Draft PEIS Public Comment Compendium A-844 Section A - Citizens
-------
-------
Michael Abraham
David Brandon Absher
REC'D AUS 2 1
304 Royal Lane
Blacksburg, VA 24060
August 12,2003
Mr. John Forren, US EPA
1650 Aroh Street
Philadelphia, PA 19130
Dear Mr. Forren:
PLEASE, PLEASE STOP MOUNTAINTOP REMOVAL MINING!!!
Mowntaintop Removal mining is devastating huge swaths of land in Southern West
Virginia and elsewhere throughout the mid-App»lacMws. Each lite is irreversWy and
substantially harming the forests, streams, wildlife, and communities nearby. I envision
no circumstances under which it should be allowed to continue.
Sincerely,
1-9
fichsel Abraham
bikemike@swva.net
..g.iSAAjjigM»..f. .|tfit.../*A.A./SA. ^v>i^t.t>\t^i.-A4tjjg| F^jft*.flt** ^ sj-
ff*fr
1-9
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-845
Section A - Citizens
-------
MarkAbshire
i.C
:
('
(_
1
A J 1 x i , V '11 il ..i1*
4 i> j , ,
ft£ t.^Wi^nAS. «|«W«Le, U .la\Uy tills P,4
^**(W«««»Sjpj.
m\(.>», rycmlU u«vU *n^» u-» 4'^V'Vj- '
«W.»?< «£ mau(Ao6 t*Aifta«i AftA «0\Uv < '
fllU^T" l u: ii, Jt u.f>ff ^cjw^^jt j«» UJ i
a ' 4 «^^ a «.* I ^ »*i,v ' d I^L *
f(^, j^ ,,«,,u vCv-ruStt, »'^V!.A? B u i
Mwni.'-fWi H-»^ tU" ••""It <"• A« «ft4!/4.j^i,V.A
,V f{ opil,'/.' lfli*f ti- '^ ,,1/i.j^' nf U*i'^ I
4-Les/fj<»< u«yii U rek *#Ju tn. .A-,4 Wn.«* t
Pfaj«5-»j. t/iU rLvi<«<; t*n» tt.jOu$4 "TUty <*ft- -o- 1
a!/i ^CAM /»eett» R«K W l\PSLik4/ Jiy iLp
^ooj ^|ift(ryTV?v it'*ar^!' "tnM^A <7^W
n t 4-1, ft/,j» * n«P a. iiUv^
01/20/20040
PM
I was botn m and grew up t
returned: for a vkit aa<4 did ti
c~ttviiK>fiiTi0jit ttor tnc people
Mark Abshire
ier/R3 A.JSEPA/US on Ot/23/3004 0^r42 AM — -
ellsoii To: R3 Mountaintop^EPA
cc;
Subject: Strip Mining
4:16
ic first few ye»rs of my life in the Appalachtai-i Coal country. Recently I
ot recognise mast of my area. This type of mining is not good for the ]_ »y
there. Please stop it.
MTM/VF Draft PEIS Public Comment Compendium
A-846
Section A - Citizens
-------
Lorraine J, Adams
Knox Adler
REC'D PEC 2
US.
f /Mr.
Aft
-7k,
VpflA^UTL/
$rt£»f
-------
GeertAerts
LeeAgee
— Forwarded by David Ridcr/R3/USEPA/US on 01/08/2004 01:59 PM
Gccrt Aerts
cc:
Subject: RE: Draft niountMntop jernoval mining EIS.
01/02/2004 02:28
PM
January 2, 2004
Mr, John Fotreti
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103
Dear John Fotreti,
i want fnoimtaintop removal mining limited,
I want the EPA to consider alternatives that reduce the environmental
impact of monntaintop removal.
Sincerely,
Geert Aerrs
17635 Henderson Pass Apt 723
San Antonio, TX
USA
1-5
Mr. Forrea,
January 12,2004
I am writing to let you toow fhtt I am tmeqoivocaUy AGAINST mountaintop removal
mining, the resulting valley fills, end my changes that would weaken the already minimal
laws and regulations that protect dean water. Coal companies should not be allowed to
dump milting waste into our streams and waterways, tie buffer zone of 100 feet jg a
minimum distance to avoid negative impacts OB water quality in Kentucky. According to
the feted government's (EPA) own Environmental Impact Statement many hundreds of
miles of streams throughout Kentucky and central Appalaohi a have already been
negatively impacted by such dumping. Please do not vote to continue or worsen this
pracfica I do not mpport Alternatives #1,2 or 3 contained within the HS report None
of these options will protect our water or our coi&Mtmities. Instead of doing tilings the
old, destructive way, why not aggressively pursue alternative, renewable sources of
energy to ensure clean water, a healt&y enviro&meM asd safe communities for ibture
generations.
Sincerely,
LeeAgee
LoaisvlHe,Ky 40218
1-9
1-10
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-848
Section A - Citizens
-------
Sandy Ahlstrom
^U*LgjQLa7XLb^^
L!!£^^
^
'£^^<^n^^-'^^y^2U^M^i^i^^^e^2^,
4t*rLa-.~.
^
j»i«i«4^^6*2^i%(l&^l^i222Ma^a^fei
i
.....
&MM-
g^^
1-9
L^kJ
,
~~_r«~,)r^^~ ^^^^ --,,^r~^ -,,a«r^^f-
^jL^
\
\
MTMA/F Draft PEIS Public Comment Compendium
A-849
Section A - Citizens
-------
Julie Alaimo
George & Frances Alderson
. -~j^~. •••• — -
^
George & Frances Alderson
112 Hilton Avenue
ft, Maryland 21228
December 14, 2003
«EC'D DEC 1 7;
Mr, Iota Barren
US Environmental Prot«tfon Agency (3EA30)
1650 Areh Street
PMladelphkPA 19103
Dear Mr. Fonw:
Please include this letter as a comment on the draft EIS OB mountaintop removal coal
We have seen tile impacts of surface coal mining in the mountains of western Maryland
and southwestern Pennsylvania, and we are very concerned that those destructive projects
may be allowed to multiply under current plans of the Bush Administration.
We ask EPA to reject the "preferred alternative" that eliminates restrictions on the use of
mountaintop removal as part of coal mining operations. We understand that the preferred
alternative eliminates a role barring disturbance within 100 feet of streams, it places no
limits on the size of valley fills nor on the acres afforests that can be disturbed, and it
contains no measures to safeguard wildlife habitat.
We ask EPA to develop instead a preferred alternative that has the following features:
• Measures to reduce the environmental impacts of mountaintop removal.
* Prohibit mountaintop removal where the impacts exceed a certain threshold.
• Restrict the size of valley fills to an appropriate numerical standard, so as to reduce the
loss of streams and forests and the wildlife found therein.
« Reqaireconsiderationof alternatives for individual mining projects, so their
environmental impacts can be considered on a she-specific basis, including the
cumulative impacts of mountaintop removal at different sites.
Thank you for considering our views.
1-13
1-6
George & Frances Alderson
MTM/VF Draft PEIS Public Comment Compendium
A-850
Section A - Citizens
-------
Jonathan Alevy
Deborah C.Allen
AUB
Ky. 42431
January 2, 2004
Jonathan Atevy
Hyattsvilte,.Mb 20782
A while hack I had the opportunity to visit with farmers in all parts of the state of
Maryland to discuss their managment of nutrients, which,
as I am sure you are iware, can cause serious environmental harta if used inappropriately.
After one visit near Cumberland in the center
of the state a farmer asked me to join him in his vehicle to look at something he thought
was a mote serious environmental concern.
After driving up the road from his farm just a mile or so, we walked into the woods
towards a stream, that was shockingly reddish in color,
almost a bright "Hood red." The farmer attributed the problem to the mining taking place
at the streams source at the mountain top. I
believe this type of dramatic damagfc needs to be addressed in a responsibk way and urge
you to take the necessary care to be sure that
mountain top mining is restricted so that these severe environmental harms are avoided
and where damage currently exists, that these
sites are restored. Thank you for your consideration of this important issue.
5-5-2
Qehotah C Allen, 149 E. Btoadwa^
John Forren
U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103
August 13, 2003
Dear Mr. Forren,
I oppose mountaintop removal and valley fills and any change In the butter zone
rule. I'm disappointed and angry that the federal government ignored its own
studies when it proposed weakening, rather than strengthening, protections for
people and the environment We look to people we have put in charge to
protect this precious land we ate borrowing for our brief life from the greedy
who only see profit.
sincerely yours,
1-9
1-10
Deborah C. Allan
MTM/VF Draft PE1S Public Comment Compendium
A-851
Section A ~ Citizens
-------
Christopher Ambrose
Christopher Anderson
Chrisamljr@aol.com
To: R3 Mouniatntop@KPA
08/15/03 10:10 AM cc
Subject: Re: EIS
A CD is fine. My address is:
Christopher Aisbrose
7815 Lambkin Court
Lorton, VA 22079
1 lived ia West Virginia years ago »td, dating
-------
Anonymous
,:•' -A- MI
^l»J.^W»«<«^U»««»«^«Wt''.' .••«»'i.'^""" j'vt*'K».•"*"'' :''n/'?|S;-'!/-'''i5'-'•"'.
1-9
MTMA/F Draft PE1S Public Comment Compendium
A-853
Section A - Citizens
-------
Anonymous
1-9
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1-9
MTM/VF Draft PEIS Public Comment Compendium
A-854
Section A - Citizens
-------
Anonymous
Julie Arrington
Date:
City:
12/24/2003
Brighton
State: Co Zip: 80603-8705
My review of the DEIS on rnountaintop removal coal mining revealed major conflicts
with what is called for by the CEQ regs. These regs, as you well know, require that the
preferred alternative be the one which has minimal environmental impact commensurate
with project objectives. The regs also requite that the best science available be wed and
off site impacts be fully evaluated. All feasible alternatives are to be considered. The
tactic of presenting only far out alternatives atfd a preselected alternative so the
preselected on. is the best choice 1$ forbidden. This DEIS falls short ort all of these
requirements. While it does present elements- of good science, it ignores them when
selecting a preferred alternative. The EPA should designate this DEIS as inadequate and
require a revised version that fully recognizes all of the environmental and economic
impacts OB the communities involved. The re.vised DEIS should present the best 4 at 5
alternatives that takes into full account the results of the supporting studies concerning all
impacts and project objectives. Most of all, a DEIS is no place to Biter existing
regulations such a* the placement of fill near streams. As a past Region 6, FWS,
Environmental Officer for 8 years. I have seen some real onee-over-lightly DEIS's and
some right devious ones. This DEIS is oni of the worst I have seen.
4-2
— Forwarded by David Rkfet/R3/USEPA/US on 01/08/200401:59 PM
"araiigtj@casco.il
ct"
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Gordon Aubrecht, II
Harvard Ayers
Gordon J,
Date: 1/05/2004
City: Delaware
Aubrecht, II
State: OH 7J,p 43015
I am unhappy to.learn that the current (BushJ administration plans to continue to let coal
companies destroy Appateehia with mining practices that level rttounMiiitops, wipe out f 01
bury streams, and destroy communities despite the wishes of ffl&ay West VjrginiaiB aid 01
affected by the probable decision to go ahead, J sgree. with msny of Julia Bonds' criticisms
expressed at the EIS meeting in My, 2003.
According to the administration's draft Environmental Impact Statement (EIS) on mountai
removal coa! mining, the environmental effects of mountaintop removal are widespread.
devastating, and permanent. Yet, the draft EIS proposes no restrictions on the size of valk
thai bury streams, no limits on the number of acres of forest that can be destroyed, no proti
for imperiled wildlife, and no safeguards for the communities of people that depend on th.
region's natural resources for themselves and future generations. As has been reported in s>
places, many residents are afraid that there will be ' noise and dust from blasting, the loss
steams buried by valley fills and the fear of flooding from overloaded sediment poads or i
slurry impoundments." The EIS states that the region has lost 6.S* of its forests to
niountaitttoppmg, and 724 miles of its streams to valley fills, to the detriment of all Ameri>
This adversely affects local water quality and alters runoff characteristics. Without new lir
mountaintop removal, or a return to those measures proposed by the Clinton administratio
large area of of mountains, streams, and forests will soon be destroyed by mountaintop pjr
Many state studies have asserted that regulations in place are not being enforced, accordin
the EIS.
These state measures should be supported strongly by the federal govermriBflt, which acco.
to my reading the EIS did not recommend. In light of these facts) I urge you to consider
alternatives that reduce the. environmental impacts of n»untaintop:removal.
Thank you for your consideration on this important issue.
1-9
1-5
Forwarded by David Rider/RS/USEPA/US on 01/50/2004 11:21 AM
Harvard A yets
p@KPA
t> cc:
Subject Mountsintop Removal EIS
01/21/2004 11:31
AM
Dear EPA person-
I haw taken many trips over the last 10 years fspm my home in the Blue Ridge Mountains of
North Carolina to the coalfields of West Virginia and Kentucky. I haw flown many times in
a small piste over the areas that have mcmtwaifttop removal mines. I am also conducting a
satellite analysis of how much expanse of the appabchian coalfields have been destroyed by
KTR.
My analysis indicates that about 1 million acres oi West Virginia, Kentucky, Virginia and
Tenness.ee h$ve already fo?en leveled, with much more to come. If the current practice
continues at today's pK?e, it will truly go from "Almost Heaven, West Virginia,*' to "Almost
Level, West Virginia." I have sobbed with several other people at a time in the flights, Thest
people have included svetage people, national Congressional staff, ministers, media, pretty
much folks from all walks of life.
Also, I have talked to many folks in the coalfields and spent the night on their floors to gain
a better understanding of the human tole of MTR. Along with a geologist colleague of mine
at Appalachian State University, I have investigated a huge mining crack on Kayford
Mountain, WV, which looms over the valley town of Dorothy. The investigation of the
geologist indicated that a potential landslide which he saw evidence of could cover the town
with 200 feet of rubble in seconds from the time it broke loose, killing ail the residents.
I have seen a lot of environmental threats over the country, and I hsve never seen anything
like the effects of Mountsifitop Removal. 1 therefore urge you to refect the devastation
currently being caused by this practice and I ask you to recommend restrictions that will stop
the devastation. 1 urge you not. to do »noth« sharn study that I have come to expect from
the Bush KPA. Ackeowledg; thut there is tremendous problem to people »nd the
environment and take the steps necessity to rein in the out-of-c.ont.rol corporations (Arch,
A.T. Massey, etc.) and staod up for what's right!
9-1-5
10-4-2
MTM/VF Draft PEIS Public Comment Compendium
A-856
Section A - Citizens
-------
Janet Ayward
Tf you haven't haA the opportunity HI be glad to ptovuk a flight fcr you, who ever yon ate
sod mtijoae else in EPA A at nnij^it not hoe se«n «4i«t you ttt fegulaling front ti>tt
Sincerely,
Hftcvrctd Ayers
Ptoicssot of Ar
Appalachian State Univeisity
Boooe, NC 2840? - 828-262-6381
'D AU6 2
- .
: 6 4
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-857
Section A - Citizens
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JimBaird
Ray & Arlene Baker
T tug^s y'A fitWfr, aftiortjly to !;j« the EIJA ^KVlromssntai a£#^.?-¥«i**!nt to mau;ntalntx-p
J.'iHs«.A*3L 53 your cTuid*:? ia rul* msfcinvji. It la all ^fc^Hi- tr.e res-source, Hew
r.ai:> thsie be q^^t iou.3 of whether or not watet quality is tMpaeteJ wh«R
th-s at !:*:«;» Is* burled? I ws*s foutanatis etiC-ajgh to visit t:*«? Cv:2>rle-3t-cri
ar-a-a in £000 as pait ,->£ s delegation •>£ th*a, Ks a result ^t ouj: investigatlori vm d^vf*lcl,\^win^
r•=••*'"-lut- ior.. hrtp: / ''vjww. i wla, oig/policies/
S) The piactic-t* knavjn a-s mountai;iti.p i'daoval arid val 1^-y fi 11 Is
-ji '^i n-j ^!ii xesal*.itiij in ;..<•*rmai*efif. -JamciOtf f-v yjvJ lo <&, u£ fulfil a:nji
hi~*civ«31«~r fftreaif.^, ^sp-scial J y in th*? Appal 'achian Mounts.j n«. Hh© Lf s^gue
strongly ;ircfe.» th<*t ac vafiances rr w.rtivers to exis-tiny stie-aia b(til:er
^rnne r^'^n t ^ment/? of H-^ Snrf~iw
ara-itel by state a:;d facterai ssq&n*"i&$ for vallc-y r'il3-s a^^ocl^t-?-:! with
jj-t&'.atvji^rc'p r~'!aoval minirt-ci.
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MTMA/F Draft PEJS Public Comment Compendium
A-858
S&ctton A - Citizens
-------
Isabel Balboa
Jessie Ballowe
Isabel Balboa
4018 West 175St
Tot-ranee, CA 90504
—- Forwarded by David Rider/RS/USEP A/US 01101/07/200403:32 PM
"is »bel_b alboa@ho
tmail.com" To: R3 Mountaiatop@EPA
-------
Carl Banks
Israel Baran
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1-9
1-10
MTMA/F Draft PE1S Public Comment Compendium
A-860
Sector) /4 - Citizens
-------
Richard Baskin
Susan Bechtholt
— Forw&jrkd by David Rider/KS/USEPA/US on 01/08/2004 01:52 PM —
RBaskin@aoi.com
To: R3 Mountamtop@EPA
01/03/2004 09:44 cc:
AM Subject Strengthen draft BIS on mountaintop re
Mt. John Forren
Project Managet
U,S. Knvironrnentai Protection Agency (3KA30)
1650 Acch Street
Philadelphia, PA 19103
Email : itiauntmntop«f 3@epa.gov
Dear Me, Parren,
ears, l&nd reclamation after strip mining has been & rc&ogttissed nee-d. Y^t die extent to
which the land area is returned to it p re-mining state has been a subject, of great controversy.
Obviously, the economics ot strip rnniing become that much less viable the more extensive
thfi eeelaffittion. Still, there must be a balance between die imitsedtate gains of sttip nikiing
versus the d^gf&d&tion of th,e area once the strip mining is complete,
Mountain top mmmg is pieticulatly trouhlmg given that it level mountain ft jps, wipes out
tofvstSj buries stif mis and destroys communities According to the dratt HIS, ihf
environmf nta! eilt^ts ot mount sun top removal act widrspicadj devastating; and petmanent
\Vt tht dt lit t* IS ptopost «* n< > restrictions on ihr stKe of vallf y fills that bitty stf^atns, no
limits on thi* ttutnboc of K*re^ of fort^t that can b^ n die region's n-atutal leaoiirces
for themselvf s ind ttituu generations lnst£*ad, the proposed "ptf ff tt-ed Atr-ernative" for
urtdti ssmg tht1 enormous problems caused by mountamtop removal mining ignores the
sf iiciu s th«it qu^nfit"). thc^c prcsblf ms Fufthrrmofe, if propo^t s weakening existing
cnvttf mmtutat piolrs fions and allowing mountatntop ccitioval atjd as^^c^Xt d vallfy tiHs to
eotitmue at an accelerated rate.
I strongly urge you to amend the EPA's dtalt enTitonmentsl imp&ct staterr^nt so as to limit
the effects of h-armfui rnottritamtop £01110^! mining; Aiternstives must be eon&icfeted that
reduce the etivii\,>nniendd impacts ot nx>Ufitiiitttop ternoval ai'td tlien implement meas^iteg to
protect natural resources and communities in Appal achi-% such as restrictions- on the size of
valley fills to reduce the destruction of streams, forests, wildlife and communities. I utge you
to immediately amend the draft EIS accorcimgly,,
Since retv,
Richard Baskin
2 Roton Ave
PiJ-r/I *'HSEFA/M3
'^ll^iS^ vf ^f-°pc Tt
M suiit-s*' n1 f svfeP^
c-Qra> cc:
Subject;
De-s t ixict: i on Cau sed By Mount & 1 n-t-op Eamoval Hi n i n g
01/12/2004 10:01
PM
Susan S^shtholt
S-29G Banner Rd -SS
Port OccJiard, UA
1-9
1-5
MTMA/F Draft PEIS Public Comment Compendium
A-861
Section A - Citizens
-------
Lawrence Beckerle
Forwarded by Devid Rlder/R3/USEPMJS on 01/08/2004 09:59 AM —
Lawrence Becterte
oc:
Subject' Additional comments on EIS
01/06/20041208
PM
January S, 2004 comments on EIS
By Lawrence T. Beckerle
PO Box 118
Craigsvilie, VW 26205
Fatal flaws
EPA did not make proper use of data gathered by US
Forest Service from Appalachian and Cumber (and
Mountain areas and formerly headquartered at Betes
Kentuc! these
designs sflow dissolve sail* to be flushed out of
valley fills Part of this flaw could be corrected
with organic fitter*, but the regulations require the
removal of tt«es and other surface organic* before
placement of ffll material, 0SM snuffed out the use
of trees and shrubs tor under drains. Now organic
filters ire not even allowed in ttw aerobic zones of a
valley fill.
Part of Ms is due to the fact that regulators do not
make a difference between consideration of the
stability of the tec® of the valley lilt ftom the
material behind the face While this may simplify
things for regulators, it also has tie effect of
outlawing innovative technologies for improving water
quality-. It also outlaws fills that concentrate
stability features at the most vulnerable are*
(genwally trie face) and use the rest of the valley
ri to enhance other parameters.
By contrast to SO % durable rods fill* and chimney
core dram His, it has been shewn to bs possibteto
stow runoff in a valley fill and to increase the
As a tfiird option a vafcy fill could be used to
create cells or a Mnd of dam effect to improve water
quality parameters. However the Dam Control Act may
need some modtfiottion to allow use of designs that
might be currently subject to its restrictive
proviseng, but which Btould be exempt to encourage
new designs for improving water qualify
Among the concepts for which bureaucrat® rnight use the
Darn Control act as a roadblock are: Internal cells in
a valley fill and perched water tables.
PREVENTION OF AOD MINE DRAINAGE
Thtea ingredients are required for acid mine drainage
13-3-2
MTM/VF Draft PE1S Public Comment Compendium
A-862
Section A - Citizens
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to be produced water, oxygen, and pyrite or similar
material. Production of acid mine drainage is
maximized when the pyretic material occurs in the
water fluctuation zone Thus there are two logical
approaches to preventing production of acid mine
drainage
1 ) Keep the pyretic material high and dry to teep
water from getting to it
2} Put the pyretic material beiow the permanent water
table to deny oxygen needed by the sulfur oxidizing
bacteria
Where states regulatory agencies allow only the first
approach (West Virginia) tnfittratton of rainwater is
discouraged. Drainage structures resemble those used
for highway construction and runoffs rates can be very
high.
Where state agencies (Illinois) have preferred the
second fisted approach infiltration of rainwater is
encouraged and drainage structures often resemble
those used by farmers to reduce erosion and Increase
the productivity of their land. Runoff rates are
lowered by such structures It is possible to
eliminate storm water runoff with such structures.
The flood control benefits can be enormous But
where the emphasis is on the first approach such
structures are not allowed.
Less well-known to state officials is that such
structures increase the productivity of vegetation and
the productivity of sulfur reducing bacteria, both of
which help to reverse acid mine production However
for those that have studied effects of rice paddies
that formerly occurred in South Carolina and/or the
earthen ceils used for commercially raising crayfish,
this is old news
For farmers interested in ground water recharge and
otherwise retaining moisture to increase production of
their land such structures are old news. Most also
realize that the increased moisture through the winter
months helps increase the freexe-thaw actions that
reduce compaction and are thus an aid to increasing
rooting depths for plants
APPROXIMATE ORIGINAL CONTOUR
In my work to create topsail material for bond
forfeited surface mined land, I have learned the hard
way that a 15% slope is the maximum safety limit for
trucks to dump sawdust and other materials that we
used to make a fopsoil layer. (15 feet vertical fall
in 100 horizontal distance = 15% slope.)
With my fanning cooperatefs {Davtd Wtiiams and James
Briggs) we soon learned that 25% is the maximum safety
limft to operate a farm tractor along the contour of
19-3-2
the land,
28 % slope is the standard steepness for roofs
on the average home (The same slope when used by
homebuflders to put a roof on a house is described as
a pitch of 3 inches vertical fall for every 12 inches
of horizontal distance, or as 3 in 12 or 3/12 s)
Being able to safely operate equipment should be a
concern of everyone who values the life of their
fellow Christisn Out some are not satisfied to see
land put back as ste^p as the ro
-------
Some say 8 picture is worth a thousand words. I wish
I had pictures of trucks that rotted over when the
operators tried to dump their ioadg on hills steeper
than 15% I do have pictures of the land we were able
to reclaim I'm including a mere two copies with this
letter (I have many more I would like to show you.)
The land shown in the pictures is more productive than
what can be achieved by land with slopes over 15%. It
is more resistant to erosion It is mow resistant to
flash flood type runoff* The very rich two-foot
deep layer of topsoil we created is something that
future generation* wiH be able to use. The amount of
carbon sequestration that we achieve with this project
is higjw (on a psr acre basis) than all other
projects that I have heard about
I am wmindad of the biblical exhortations to lower
the mountains, raise the valleys, and praise the Lord.
* On gentle sloping lands (be it mined land or other
high and dry lands) it is possible to build enough
absorption terraces and similar structures that catch
and hold flash flood style runoff so that flooding is
prevented But it seems that none of the radicals are
interested in such proposals. It seems they'd rather
see a continuation of flooding so they can exploit the
misery of flood victims to advance their political
agendas.
For a long time the West Virginia Department of
Environmental Protection (and its predecessors) used a
fifty-foot rule to judge the return to approximate
original contour. This standard had the advantage of
being simple and where the contour intervals on
topographic maps of several counties is forty feet, a
fifty foot rule was dose to the mappings standards
used by the US Geological Survey. However, one
problem is that fifty feet can be a lot or a little
depending on what context it is used in. Taten out of
context, that rule caused plenty of confusion
{Due to a number of problems the 50-foot rule was
meant to be more of a guide. Since it wasn't always
"strictly enforced', some thought that OEP had broken
the law by not enforcing this rule.
But height was not intended by Congress to be the
measure of approximate original contour: The concern
voiced by Congressmen from farming states makes that
clear. The emphasis from those Congressmen was to
restore the agricultural productivity of the land To
do that the land must be made at least as flat as It
was before mining. Congress set 50% as the maximum
slope for post mining land Since most of the land
(8D to 90% in some) in many counties is in excess of
13-3-2
50%, it is not possible to return the land to its
original heights. Which further emphases that
Congress was mote interested in returning land to
usable Map&s, which generally should be at least as
flat a? what occurred before mining.)
The 50-foot standard was also wrong in that it could
result in land, that was much stepper than what
occurred before mining or it could result in land that
was much flatter. What would have mad© more sense
are requirements based on percent slope such as:
0 to 15% should be at least as much of the land is in
this slope category as occurred before mining.
16 to 25 % should be approximately as much tend in
this slope category as occurred before mining.
25 to 36 % the amount of land in this category after
mining should not exceed what occurred before mining
37 to 50% the amount of land in this category after
mining should net exceed what occurred before mining.
The provisions enacted by the US Congress showed they
had a special concern about tend that might bs granted
to slopes greater than 37 %. J20 degrees is between
36 and 37%)
Over 50%. In general Congress prohibited a return of
land to slopes greater than 60%. even though a
significant amount of land in some steep mountainous
counties ranges from 80 to 80 %.
Other states have been using percent stepe
classifications as a way to regulate their mining
industries since and soms even before ths passage of
SMCRA (the Surface Mining Conservation and R
act. It seems that What Virginia needs to adopt a
similar standard. A possible barrier in Wast
Virginia to passing such a standard is ths confusion
and legal mess caused by Judge Haden% daclsions.
Since he is a federal fudge, West Virginia is now in
some ways as restricted on passing laws with regards
to mining, as it is restricted on passing laws that
limit al3ortlon. The consent d&gree entered into by
those who file the lawsuit and OEP also restricts West
Virginia's ability to IK things In these cases,
consent degrees become just another way to deny our
right to vote on these issues. Are you not concerned
about this injustice?
To arrive at some of Ms decisions judge Haden had to
not only ignore the intent of the US Congress, he had
to change a few key definitions, fof example
Waste rock is a term normally used for rook left after
processing to extract a mineral Its economic value
is gone ft ean b® in a fairly dry form such as rock
that has been leached to extract gold ft can be in
slurry form that is inherently unstable, such as
13-3-2
MTM/VF Draft PEIS Public Comment Compendium
A-864
Section A - Citizens
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slurry from a coal preparation plant Siurry material
is inherently unstable The materials dredged from
rivers and canals are inherently unstable, so the US
Congress included dredging material in its provisions
on waste rock
Fill rook is normally used tor rock that is used in a
fill People untrained in construction or mining will
often make fiils on their properties Many times they
will copy what they have seen in construction or
mining Sometimes they take shortcuts and end up with
problems A common short cut is to skip doing a
durability test on the rock they plan to use in a
fill, so that it is no longer select fill as is used
in the mining industry It should also be noted that
a valley does not contain the following materials:
No acid producing material
No gob
no siurry
no fly ash
no mud is disposed of in valley fill
Judge Haden% decision on rmuntairtop mining attempted
to put a number of untruths into court made teiw. How
the decision of the Appeals Court affect {his I'm not
entirely sure, but I would ask that EPA make note of
their decision so that those untruths are not further
advanced.
Comments on EIS (with additional pages since summer
03 submission of first page)
Pagel
By Lawrence T, Becterle
PO Box 118,
Craigsvitle, WV 26205
Could better discern what the effects of valley fill
were if one knew the percent slope of the land above
it and could statistically separate out the effect of
steep slopes from the size of valley fills. The
problems being attributed to valley Mis may tie due
to the steep slopes above those valley fills. And it
is very possible that larger valley fill that make
possible a reduction of steepness of slope on the land
above the valtey fiii will have less runoff than &
small valley fill with steeper land above it However
without information on the slope of the land, it will
be hard for scientist to make these determinations.
(The irony is that Illinois, which is much flatter
than West Virginia keeps records on steepness of
slopes, and West Virginia ignores the issue)
Slope information needs to be cataloged here in the
mountains Just as well
13-3-2
17-1-2
Regulations could be improved by » consideration for
steepness. For example, to control erosion, one
needs to have more vegetation (or other erosion
control measures) on a 40% slope than a 4% slope
-------
same size and shape with 80% durable rock will hive a
tester discharge of water than a valley fill f the
same size and shape with 60% durable rock
If the percent of rack is trie same for two valley
Tills, but one has all the durable rook at the toe of
the fill instead of through out, it should be both
more stable and have slower discharge.
If rook and size are the same, but one has reversed
slope terraces and the other doesn't, the first will
have slower runoff than the second
A common public need across the West Virginia it a
need tor flood control,
Yet the public use provision has never been used to
address extra steps for reducing floods
Taking steps to reduce flooding would have a
beneficial economic Impact, yet the variance for
economic use has never been approved tor steps to
reduce flooding
For example, the pure economics of crayfish farming
and the economic need for a crayfish farm in Southern
West Virginia would be hard to justify to the
satisfaction of regulatory agencies so long as they
only consider the price of crayfish in to their
calculations. However tf they would also consider the
benefits that such a fafrn would contribute to the
reduction of losses due to flooding then their
calculations would be more accurate and fair to all.
In its interim regulations OSM had a rule against any
depressions bigger than a square meter. Following
that that time period, the Drainage Handbook became
the standard in West Virginia. To this day the
Drainage -handbook still has a rule against depressions
deeper than two tens of a foot. As a consequence- of
the earlier OSM rule and the currant rule there are
very few wetlands on mined lands and those that do
occur are of very poor quality. Another part of the
reason that there are so few wetlands Is that: 1.)
the overall emphasis of the Drainage Handbook is to
channel water off the mined site and 2.) there has
been a regulatory agency tendency to consider every
water retaining structure to be an impoundment so that
even sediment ditches are required to be removed after
mining. So the thought on the operational side has
been why build something constructive, if you're going
to have to destroy it later.
As a consequence vernal pools and ephemeral pools are
rare.
Wet meadows sre rare.
Wet forests are rare.
Absorption terraces are rare.
Zero runoff bench and berm systems are rare.
And I do no know of any crayfish farms on mined land
in West Virginia, (an important food for wild turkey)
17-1-2
All of tr*s* wouM result in mam "organic energy* for
aquatic organisms in tfie- sterns below the mining area.
Forest Ecology page 158 rainfall interception
Page 167 effect of wind
Page 260 Decreasing order of water oonsumpten are.
wet meadows, open water, grasslands, vegetable crops,
bare soil
"Thus in the Lake States, the presence of northern
white cedar in wet sites is indicative of seepage
conditions where the water table is moving rapidly and
relatively high in oxygen. With completely stagnant
and oxygen-poor water, only black spruce and
associated encaceous species can grow"
Channels from decaying taproots page 269
Infiltration rates of 2SOmm per hour
293 In sand plains of Lake States, organic matter
provides the major source of colloids for soil
nutrition"
Look for page on alleJopathic effects on N-fixattan
and presence of legumes and rnycorrhizal fungi
1000mm per hour is that 50 Inches per hour?
SEVEN POINT PROGRAM TOR ENVIROMENTAL PROTECTION AND
MORE JOBS IN WEST VIRGINIA
Eliminating unnecessary roadblocks and sowing the
seeds for a more vibrant economy that will benefit
everyone
By Lawrence T Seckerle
LEGALIZE creating more types of WETLANDS, for example;
1) Loggers are fold by t>@ Department of Forestry
(DOFj that In order to comply with BMPs (Best
Management Practices) tray must out slops all their
skid roads, so as to eliminate pools of water These
pools are needed by frogs and salamanders to produce
offspring. Their young come off a spring or other
early spring wet area, so they truly are offspring.
Turkey hem lead their baby chicks to these pools to
drink and feed on insects So even though these pools
dry up in summer, they are important to wlloWe
Pools and wetlands help water to soak into the land,
which aids the growth of trees and other plants in the 17-1-2
area Productive lands generate more jobs than ' "
poverty lands.
2.) While cattail wetlands sre allowed on strip mines,
most of the other types are not allowed. Foi example'
In the Drainage Handbook for Surface Mining
depressions deeper than two tenths of a foot (2 4
inches) are prohibited for diversions and constructed
drainways. Legalizing all types of wetlands from
accidentally created tadpole pools, crayfish flats, to
wild rice paddies would increase wildlife diversity
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Water caught tit these wetlands would help reduce
flooding.
LEGALIZE more FLOOD CONTROL
There are number of ways to configure mine land to
reduce the severity of flooding during heavy rains,
but West Virginia only allows rnounteintop removal
mining and approximate original contour
configurations. Other concepts are not allowed.
There are a number of structures that have been proven
to reduce flooding, but it is not legal to build them
on mined land in Wast Virginia. (For ©cample:
Absorption terraces, zero runoff bench and barn
17-1-2
LEGALIZE the use of NATIVE PLANTS
1) The West Virginia Department of Highways (DOH)
Itsts only non-native plants for stabilizing cut
slopes and fill areas on road right-of-ways
Wildflowers plantings you sometimes see are an
exception to rules to use only non-native plants.
2) West Virginia Black Cherry trees are valuable for
songbjrds and game animals Black Cherry lumber
currently brings more money than Black Walnut If a
coal operator or the landowner plants Black Cherry on
mined land without the approval of The West Virginia
Department of the Environmental Protection (DGP), it
is considered a violation of the law it should NEVER
be a violation of the law to plant naSve wildflowere,
shrubs and trees
LEGALIZE more FISH AND WILDLIFE HABITAT, tor example:
1.) Coal operators are not currently permitted to
build raceways for trout and other fish, because these
structures are not on OEP's list of approved
structures. Operators are not allowed to create brush
piles tor rabbits to hide or birds to nest
2.} Loggers are not allowed to put trattops or other
wood pfeees into streams to create pools favorable to
trout and other animals. Regulators do not recognize
that the reduction of the movement of wood from the
forest to the sea is having an adverse effect on
aquatic life forms that are nacessary to the survival
of freshwater ftsh and ocean fish such as tuna fish.
BIRD FRIENDLY LAND USES
Some Land Uses Helpful to f» Re-estabtlshment of
Morning Dove, Botewhtte Quail, Prairie Chicken, Ruffed
Grouse, Turkey
by Lawrence T. Bsckerle
Copyright 2001, 2002
Adjunct Professor, Nicholas County Campus of Glenville
State College
19-3-2
Why should you care about these bin*? Because as
nature's hydroseecters they are more effective in
establishing most fruit tearing type herbs, forbs,
woody shrubs and trees than any mechanical
hydroseeder. These plantings ateo benefit songbird*.
BQBWHITE QUAIL AND ASSOCIATED SONGBIRD HABITAT
RESTORATION (A land use category for promoting native
wildlife plants that nave been reduced by urban sprawl
and invasive non-native plants.
NATIVE MEADOW NURSERY FARMS tor plants of economic or
restoration value (especially WV ecotypes)
a.) Native grass propagation and/or seed
harvesting fields
b.) Native nitrogen fixing plant propagation
and seed harvesting fields
c.) Native fort), herb, or other wildflower
plant propagation and seed harvesting fields
NATURAL HABITAT BERRY FIELDS >»»»». go back to
native trees, shrubs and vines for rural America for
notes
a.) Silver Buffatobefty, Blackberry,
Blackhaw Viburnum or perhaps bayberry
b.) Huckleberry andfor blueberry, plus
strawberry
c.) Aronia (Choteterry), elderberry,
aralia spp., ned mulberry, or perhaps spteebush and/or
American mountain ash
NATURAL. HABITAT TREE/SHRUB nut/fruit ORCHARD
Hazeinut nut pine, persimmon walnut or
butternut., with low ground cover to aid harvesting
Plum, cratepple
NATURAL HABITAT MEDICINAL SAVANNA
RED ELM, plus Black Cherry Cucumbertree,
Elderberry, Blackhaw VibumumSW31828: Use ground
cover that aids beiieflcial insects
For neutral to alkaline soils. RED ELM,
Bur oak, (Hackberry, Persimmon, Yellowwood),
butternut, yellow chestnut oak
Native medicinal herbs or wild native
foods
NATURALIZING ORCHARDS FOR UNCOMMON TO RARE NATIVE
PLANTS
Especially those that can survive a hydroseeder and
thus be ui«J in future land reclamation projects
Uncommon to rare native West Virginia plants
(varieties, ecotypes and species (use crayfish pools
to grow wet meadow plants
Nutrush (Selena triglomerata) and four sided
spikerush (Eteeocharus quadrangulata) would need a
crawdad (crayfish) type pool to produce seed
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ABSORPTION FIELDS for
Enhancing ground water recharge
To reduce need for sediment ponds and/or
increase their efficiency.
To create moist pockets on slopes with less
than 2% grade to favor plants tike Pennsylvania
snwtweed, which is a highly preferred winter food for
Bobwhite Quail Several hollies, dogwoods, nutsedge,
and even chufa, sunroot
To create the kind of wetlands being missed
by upland birds, especially
Vernal and Sphemtraf pools that favor
grasses and forts with grain type seed for a true
wetland meadow effect. For mote design information on
absorption. s«e original 8-113-86 permit.
Valley Fill STREAM ELEVATION PROJECTS
A.) To mate possible above land uses n well as other
productive use? of disturbed land. As steepness of
land increases, erosion control must take precedence
over all other environmental and management concerns.
It is hopsd that these few examples will help
interested .parties to see the advantages to our
state's future in reducing the overall steepness of
mining land in West Virginia.
B.) Elevated streams can help create oxygen rich water
to counteract the adverse effects of drainage from
septic tanks and sewsge treatment plants. Even
without increased oxygen, mine water can act as a
counter balance to sewage type effluents, thus making
the fish that live in tho«e stroams safer to sat.
-Get bigger plants by reducing amounts of seed used in
sowing. Bigger plants result in stronger, deeper
taproots, and more seed tor birds.
SOME SLOPE LIMITATIONS FOR HABITAT RESTORATION
PROJECTS
for Morning Dove, Bobwhite Quail, Ruffed Grouse,
Prairie Chicken, and Turkey
by Lawrence T, Beckerle
Copyright 2001
Adjunct Professor, Sumrnersvilte Campus of Glenvllte
Slate College
0-2% Slopes are great for vegetative water filters,
weds, sedges, sunroot, duck potato, and other
moitture loving plants. Can lead to mud flats, soils
that are easily probed for food. Nitrogen fixing
plants favor earthworms. Both conditions favor
American Woodcock.
5% is a steep grade for a highway. DOH posts
warnings, constructs escape ramps, reduces speed
limits, especially tor trucks
19-3-5
10% (+/-2%) Limit for leaving open tare ground for
dove feeding and toaflr^, and volunteering of early
succession*! annuals.
limit for most productive farmland
cover crop and/or past crop residue left on
surface to retard erosion until next crop planted,
15% maximum safety limit tor trucks to dump topsoil,
topsoil substitutes, and soil amendments.
The "sawdust protect" and tire stocking ofBobwhite Quail would never have taken place if the
mined land ted been steeper than 18 percent
Limit for most productive types 0f cover that
will altow batiy chicks to feed on the ground and to
catch insects
Limit tor the type of plant cover that will
best encourage the growth of trees and shrubs
25% maximum safety limit for harrowing, disking,
planting, drilling along the contour to retard
erosion
mechanical planting of trees must be done aiong
contour to retard erosion
limit for band fertilizer placement along the
contour
limit for most grain harvesting combines and
most other sesd harvesting equipment.
36% (plus a fraction) equals 20 degrees, the legal
definition of steep slope mining.
limit for most tree shsarers and whole tree
harvesters
limit tor revegrtatlng land without use of some
kind of artificial nonliving mulch: hay, draw, paper
or wood fiber
40% approximate safety limit tor "bush hogging" (up
and down his) tor specially equipped tractors. So
the only way to control nonnatlve invasive plants Is
through control btrns andtor use of herbicides
Slopes «t 40% and stave almost the exclusive domain of
hydroseeding, which excludes plants whose s®ed cant
survive a hydVoswd©r. tony rrore plants can*t
survive the Intenst grass eompetljon necessary at
these steep slopes.
50% maximum safety Imft for dozer to grade most
flll materials.
70-80% approximate original contour in much, even
most of th& mining areas in Boon®, Logan, &nd otf^r
counties in Southern West Virginia,
SUMMARY OF SOME MEEOED CHANGES IN PRIORITIES on slope
Issuas TO FAVOR NATIVE FLORA AND FAUNA
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0-2% just a few plants needed to act as starters
2-7% handle like row crop agriculture
allow bare ground if disked along contour so ridges
formed by disk catch water, preventing runoff
Under 15% slope; Percent cover should be limited to
less than 30% and perennial grasses & forage legumes
should not be planted, so as to encourage native
forbs, herbs and other wildftowers. in general only
annuats with at least one reseedlng annual should be
required for bond release. Areas with non-natives too
aggressive to allow native forbs and/or herbs to
prosper should be herbicide or opened up with a disc
before a bond request Is granted.
15 to 25% slope: Percent cover requirements should
be from 30 to 50%. A perennial forb shoyld be
included., but one that is short enough or low enough
on aggression to allow plants such as rye to reseed
from one year to the next. Grain type foods provide
essential winter feeding areas tor Bobwhite Quail,
Ruffed Grouse, Prairie Chicken, and Turkey.
Over 25% slope; Though it becomes necessary to
include a perennial grass for erosion control, such
grasses in total should not exceed 50% of tti« stand,
An exception might be made when the average slope of
the land exceeds 40%, but even then forbs should he at
least 25% of the stand. Because of the compaction
that occurs with "tracking in" this practice should
limited to slopes in excess of 36%. Ground oovar
should be from SO to 75% for erosion control and still
allow the growth of Solomon seal and False Solomon
Seal
Over 40% slope 90% ground coves should be
reserved for slopes over 40%
WILDLIFE NEED A MOSAIC OF HABITAT TYPES TO PROSPER
The following excerpts from several of my papers help
to illustrate ways to create tie needed habitat
diversity Current regulations for the mining
industry effectively prohibit most of these techniques
hindering effects to restore butterflies, songbirds,
game birds, and native plants.
Native Wildlife Seed Mixes (a few non-native
nurse/cover crops) for Road Cuts, Fill*, and
Right-of-way Construction (for electricity, gas,
water)by Lawrence T. Beckerle
Copyrights 2000, 2001, 2002.
2003
Introduction;
The primary advantage of disturbed land in an
ecosystem is to allow pioneering plants to provide
more nutritious forage, seed and/or fruit for animals.
19-3-5
7-2-5
VWtere plants provide nutritious food that supports an
abundance of insect life, and also enable young birds
(chicks & young poults) to feed on those- insects, it
«referred to as brood habitat. Brood habitat is
essential for young birds to become adults For
example; Bobwhite quatl chicks live almost exclusively
on insects (Beetles make up almost 50% of their diet,
particularly ground beetles, leaf beetles and
weevils ..} Turkey chicks depend more on
grasshoppers Good brood habitat will have lots of
beetles, grasshoppers, crickets; plus a tad gram,
bramble, or other vertical cover that interferes with
the ability of avian predators to swoop down for a
kill Some grasses inhibit birds from feoSng on
insects by hindering their ability to walk, run. &
hide, Z' tall ehteks of Bobwhite quail (which weight
less than ounce) need these break* to survive The
chicks of Ruffed Grouse are about twice the size of a
bumblebee with long lags. So as a rule of thumb If
a horse won't eat it and a bumblebee cant walk around
or fly though it, it's not suitable tot brood habitat
And if the plant* you use are too aggressive for
asparagus, strawberries, rhubarb, sunflowers and/or
turnips to grow in the first years after planting,
it's not good brood habitat
Nurs© crops prevent germination of those weeds that
require full sunlight and retard the growth of those
weeds that prefer full sunlight They protect slow
growing, often-delicate seedlings of perennials from
drying winds and other environmental stresses Black
Locust B used as a nyrse crop for Black Walnut and
other hardwoods Young locust helps to protect other
seedlings from deer It produces light shade that
thins out even more as insects eat the leaves. It
plays host to bacteria that fix nitrogen in its roots.
Its leaves readily decay, making nitrogen plus otter
nutrients available to microorganisms and plants
Sowing red clover in a wheat field in February is both
an example of frost seeding and using fall sown wheat
as a nurse crop. For a mid March sowing there may not
be enough freeze-thaw action left to adequately bury
seed, so farmers use livestock to walk in tie seed
Sowing rye In a standing crop of soybeans near harvest
time flust before 50% of the leaves fall) is an
example of relay cropping. As leaves of the soybeans
fall, the surface of the soil retains more moisture
and the seed of rye begin to germinate By th® time
the soybeans are harvested, the rye is fairly well
established, so there is less chance of erosion with
relay cropping As a relay race can Involve more than
two runners, so relay cropping can involve the
successor) of more than two crops When the same
crops used for nurse cropping and/or relay cropping
are mainly used to increase organic material,
particutarty if they are plowed down prior to the next
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crop, they are- referred to as green manure crops A
cover crop Is any crop used to hold the soit In place
between other uses For example' White clover sown
in an apple orchard is a cover crop. As is rye sown
on a topsoil stockpile Fall sown rye that is later
killed by herbicide just prior to the no-till planting
of corn (in the following spring) is a cover crop.
It s far cheaper to sow grasses such as Indian grass
into an appropriate nurse crop species at the
appropriate time, for example' mid May into a pure
stand of Crimson clover that was established the
previous August or September Since several warm
season natives do not germinate until soil
temperatures reach 70 degrees, it maybe more practical
to sow those seeds earlier into a Crimson clover
stand. Dwarf Essex rape makes a showy yellow in
April Since it gets to much taller, a top sowing of
a warm season species must be done in about February.
This would work for Switchgrass and others with
semi-dormant late spring germinating seeds (requiring
soil temperatures above 70 degrees). Cool season
natives can be established along with Crimson in
Aug-Sept, such as Mountain ricegrass (Oryzopsis
species)
Some seeds are intermediate in size and free flowing
and so mix in well with clover seed for broadcast
sowing and use in a typical no-till dnll Sometimes
called pasture renovation drills, they are available
from the WV Soil Conservation districts for S25 per
day rental (plus a few dollars per acre). At least 60
of ths grasses native to WV fit this category
Deertongue, Switchgrass, prairie dropseed (officially
native to Ohio and Pennsylvania, but not WV), mountain
rice
Some seeds are so
large that they are easier to plant using a small
grain type drill, such as Eastern gumagrass, American
Beakgrain, Paspalum species, and peanut grass.
The hydroseeding fad has precluded the use of irony
native plants, especially seeds that split easily
after they have been wet for awhile, such as the wild
beans that are related to our garden beans
cannot tolerate the salt of fertilizer and otter
conditions of the hydroseeder Seeds that evolved to
pass through the digestive system of animals generally
do well being passed through a hydroseeder Other
seeds have evolved to be wind blown, to float on
rainwater (or to be carried off by heavy rains), to
twist themselves Into the ground, to be carried off by
ants, andter to be stored by rodents Some seeds that
rely on water for transport will survive a
hydroseeder Most of the rest will not
This is only one of the several reasons hydroaeeders
are less than adequate for establishing most plants.
19-3-5
Another problem with hydrosesders is that they kill
much (often all of) the inocutert needed by nitrogen
fixing plants These plants help to cut out the
application of nitrogen fertilizer, which encourages
weeds and pollutes streams Adding gypsum loosens
soils and aids nitrogen-fixing plants. A sulfur,
potassium, magnesium fertilizer (suifo-po-mag)
(0-0-22-11-22) is also useful.
Ornamental native grasses: "Yellow" and Scrlbner's
Panic grass, prairie dropseed yellow striped Crinkled
Hairgrass, Plurnegrass (Erianthus) and wedge grass
(Sphenophofisj have also been used ornamentally. Holy
grass has been collected to the point of eliminating
wild populations of this species. Beard grass has
some potential as an ornamental.
Members of the Sedge family are often called grasses.
Some of the more interesting species in this family
include Pennsylvania sedge (sold and planted by plugs)
for cut slopes areS other dry barren area* {maximum
height is 4 to 6 inches). Cotton grass. Wool Grass,
are used ornamentally on moist to wet soils Nutrush
(annual or perennial) will grow on dry or wet
soils.2-3 rnm-bony sesd
A number of native wildflowers are often used like
grasses, such as' Blue-eyed grass (4-20*), Yellow
stargrass (8-12"), spring beauty (4-12"), Miami Mist,
Virginia Meadowbeauty (12-18*). On dryer sites you
can find' Early spid@iwortt violets, violet wood
sorrel (4-8*), pussytoes, star chiokweed, slender
dayflower, and geranium mseutaturn On the driest of
mowed areas you can find orange-grass, orange puoooon
(2-20") and Birdsfoot wotet '(2-6"). Prairie zinnra
6" is native to the Great Plains & is used in lawns
Please remember that some grasses (Tall Fescue and
Smooth Broma) are highly invasive and put alleiopathte
compounds in rtie-soil, so these can interfere with the
best laid plans Often have to establish a resistant
annual until those ch©micals dissipate.
Lawrence T Beokerle
26205
PC Box 118 Gr»tg»vi(le, WV
Many of the sites I reclaim are small (less than 2
acres) and in rather inaccessible locations, as a
result I often use my Bronco N both as a four whester
and farm tractor. However on those occasions when I
can bring in a limestone spreading truck the following
procedure is used.
Limestone trucks are generally limited to spreading
lime whan the land is fairly dry, which in West
Virginia occurs through the summer months into fall
Limestone trucks are also used to spread fertilizer
when the rate of fertilizer used Is around 300 pounds
per acre or above At limestone plants and fertilizer
plant* the operators are able to mix In seed when they
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toad the trucks. Rye wheat, oats, buckwheat,
petrlmillet, Dove proso millet, German mlfct,
browntop millet are among the seeds that are commonly
mixed in this way. The cost is minimal tor adding
seed at this time. For example: a fifteen-ten load
of dolomite lime at $40 per ton would cost $600. If
100 pound* of rye is mixed in, t»y would charge $22
for the rye. If spreading at the common rate of 3
tons of lime per acre, rye is sown at the rate of 20
pounds per acre, which is enough in most cases as a
quick cover and as a nurse crop
If the lime arid/or
fertilizer are to be disked In (as they should be for
maximum effectiveness), 8 higher rate of seed is used.
It's cheaper to increase the amount of these rather
inexpensive seed, then to have to follow up with
applying these seeds at a later time
The same technique can be used with the (three point
hitch) bulk fertilizer spreaders that farmers u*e on
their farm tractors, if one has the set up (or the
hand labor) to get an even mix of seed and lime- or
fertilizer. If the farmer has either a row crop
planter or a small o/ain drill, he will us© these on
newly plowed ground to plant seed and apply
fertilizer. If he is planting into a field that isn't
plowed, he will use a pasture renovation drill
(no-till drill) to plant ths seed. (Or he could top
sow the seed by grazing down trie field, sowing seed
and then lightly dtoking, Gr he could sow in February
for some small seeds, which freezing and thawing will
then work into the soil.) If he were trying to
establish a fluffy seeded species, he would generally
try to rent a "warm season gras&tand drill"
Gtiod used row crop planters are! small grain drills can
often be purchased at term auctions for less than
$1,000. Sometimes they only Bring $100 at sale.
Pasture renovation drills can be rented from district
headquarters of the he West Virginia Conservation
Agency for $25 per day and a few dollars per acre. A
few have grassland drills for r*rt. $5.000 to $20,000
is tie typical purchase price range for "warm season
grassland drills".
To someone not familiar with cost effective grassland
farming the above may seen rather confusing, so here's
an example that might help:
A contractor is due to finish a job by August 1 st,
so the lime truck arrives on that day to spread
agricultural limestone, A week later the inspector
mates the contractor regrade some of the area because
the finish grade isn't up to specifications.
Meanwhile someone forgot to schedule the no-till
drill, and so area farmers have it tied up for the
next two weeks. Plus the DEP inspector just stowed
up to complain about the regarded ares that hasn't
been sowed with seed. So Johnny on the spot brings
19-3-5
out his special broadcast seeder, H© sows seed larger
than 2mm (taking about one hour to sow tovo acres).
Then uses a flexi-tine (drag) harrow to cover the
seed (Four wheelers, small tractors, cars trucks.
dozers, and so on can pull these harrows.) After
tins he sows seed that is smaller than 1,5mm on top of
the freshly loosen soil,
A week later someone realizes that the contract
also called for 500 pounds of gypsum per acre and 100
pounds of 6-24-24 per acre So a farm tractor or
four-wheeler is brought to the site to spread these.
But the soil is very dry and no one has told him if
anything was sown besides the rye So to be on the
safe side he mixes in Crimson clovsr (that has freshly
attached rhizoblum tnocukant) and acme turnip se«d or
rapeseed. He hooks the drag harrow to the hiteh on
the fertilizer spreader. As he spreads the gypsum and
other fertilizer, the seed is also sown and covered In
the same trip. A pick up truck with an electric
fertilizer spreader can also spread seed and
fertilizer and cover in one pass by pulling a drag
harrow,
Everything is fine until someone notices that one
of the wildflowers used isn't supposed to be sown in
August or September It happens to be one of those
species that does best when sown in iate winter or
early spring. Since its seed is no bigger than the
seed of red clover (and since Crimson clover and the
other species eown in August permit the introduction
of other plants), a decision is made to sow this
native wildflower in mid to labs February and let
Mother Nature work #1® seed into the soil (by way of
freeze thaw action) as it has done for thousands of
years But it's hard for many folks to understand
•frost seeding1 or why it s far better to sow some
wildflower seeds on snow (preferably melting snow) in
February than to wait until spring.
Partridge pea is an example of a seed that is too big
to work into the soil by Freeze thaw alone So it
should be planted, preferably in March for maximum
growth and flowering. (Note: this annual makes
acceptable growth if planted as late as June 30th).
To save money end time on seeds that prefer to
germinate during the February-March thaws, farmers
will sow them in Mancri andthen use cattle to walk the
seeds into the soil. This process can be simulated by
a number of other techniquss
Crimson clover is at the size (about 2mm long) where
it can benefit from covering by a drag harrow.
instead of using a ffexi-tine drag harrow, some people
prefer to use a spike tooth harrow (that attaches to
the three point hiteh an a farm tractor). They are
convenient and cost only about $300. However on
soils where they would cover Crimson clover too
deeply, seed the size of Crimson clover should be sown
on top after harrowing is finished.
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The above examples for establishing wildflowers also
help to illustrate the convenience of other seed
establishment times Many warm season perennials that
are adapted to very droughty soils prefer the
February-March sowing and planting period The late
summer and early fall planting period is preferred by
winter annuals many biennials, &t& plants whose seeds
are very susceptible to drying out and/or have a
rather exact cold dormancy For seeds that are best
sown as soon as they are collected and for species
that need to germinate around the end of summer in
order to make enough growth before winter sets in, the
time period of August 1 st to October 15th must be
considered.
The
name generally used for this time period Is 'the fall
planting season', even though part of this time period
is officially late summer and part is early fall
Crimson clover is normally sown during this time. It
is easy to establish, relatively cheap,
non-aggressive, can be used as a nurse crop, and so
success and failures with it can help growers
understand what they need to do to establish plants
with somewhat similar sowing requirements I
generally sow Crimson clover at the rate of ten to
fifteen pounds per acre with four ounces of turnip
seed (or rapeseed) for a bright yellow contrast to the
crimson color But as can be saen in the below list,
there are native dowers that can create this color
combination
West Virginia ecotypes should be used when ever
possible, so information on collection is provided.
Seed from initial wildflower plantings can then be
harvested, increasing the efficiency of future
wildflower plantings While generally emphasizing the
showiest of wildfiowers, It is also possible to use
plantings to propagate natives especially useful for
stabilization of road cuts, banks, and fills. For
example The ground hugging Trailing bushelover ((,
prooumbens) and Creeping bushctover (l_ repensj could
be a part of plantings on dry soil Their seeds are
about 2mm long. Capsules ar& about 3 mm long In
October the area could be harvested with a wild seed
harvester or the area could be mowed and the seed
screened out from the cuftings Screening for seed
from lawnrnower type cuttings works best for the
heavier seeds that are generally free flowing
Note- Some comments may seem to be redundant, for
example Slope limitations are described in a number
of ways to help explain the concept and to help
explain how it migtit be applied. The comments dated
January 5, 2004 put the essential slope
classifications in what is probably the simplest form
for most people
19-3-5
For BoOwWte quail: saads need to fall on bare ground
for these and several other ground feeding birds to be
able to find enough food- Blackberry thickets
(where old canes cover the ground instead of grass)
are needed to provide these birds with adequate
protection from nighttime predators.
Note of request for help with WV DEP on this issue
If OEP were to 'strongly recommend" native ground
covers, a number of benefits could result. For
example: The native Paspalurn grasses can grow in any
disturbed soil that the non-native ryegassss can grow
in. These grasses grow in many lawns across the state
of West Virginia, Several of the native Paspalums
make good lawn grasses, produce palatabte forage and
produce nutrttiout seeds (that are nearly a*
nutritious as oats)
If WV native Paspalurn grasses were 'strongly
recommended" by pfep, then homeowners would have an
incentive to screen their fall lawn cuttings for
Ptspaiurn seed and sell it to the coal companies
While supplies of native PaepaJum seed would initially
be limited (OEP would have to make allowances for
that), the long-term result would be to help create a
new industry in West Virginia.
Northern dropseed, sand dropseed, and tall
dropseed art also valuable for wildlife, are very
compatible with the growing of trees, and are quite
drought tofemnt DEP should encourage use of these
grasses as well.
Among the nitrogen fixing ground covers, DEP
should also encourage the us© of Butterfly pea,
Spurred butterfly pea, bundleftewer, milk pea
partridge pea, praif le acacia (the only thorn less
acacia native to tie United Sates), sensitive-briar,
small wild bean, trailing wild bean, and other useful
native nitrogen fixing plants
Among the quick cover plants dove weed (Croton
species) and similar natives should be ''strongly
recommended"
Snce DEP rules and recommendations often sets
standards In the market place as to what is produced
and sold, it«imperative that OEP be more
responsible in what it demands in the way of
revegetatten plans.
For example: By creating a market demand for
European bteck afcter, DEP helps to insure that
European black alder will be planted on other lands in
West Virginia The West Virginia state tree nursery
produces only what it knows it can sell Since mining
companies eanrrt readily use the vast majority of
native trees and shrubs, the state tree nursery cannot
justify producing seedlings of most native trees and
shrubs. Thus to a large extent DEP determines what
7-2-5
19-3-5
MTM/VF Draft PEIS Public Comment Compendium
A-872
Section A - Citizens
-------
tr*e« and shrubs are planted across the state of West
Virginia.
19-3-5
^Comments ®& HIS
B^ t&weaee T. Bcaterlo
PG BoxltS,
CosM better discern what the effects of vaKey fill were if oua knew tha pereeaf slope of the land abeve it and coald statistically
separate cat the elifect of steep slopes from the size of valley f!l!s. "Hie probl-sms being aitribitted to valley fills stay be due to the
step slopes above those valley fllte. Antl H is wy possible that forger vaHey fill that make possible ft reduction of steepness of
slope on the tel above the valley fill will have tess runoff than a small vsl ley fill with steeper ted above it However without
informatics m f he slope of the land, ft will be hard for scisntisi to maks these determinations. (The irony is feat Illinois, which
ie much flatter than West Virginia beeps records <#j steepness of slopes, and West Virginia JgBoiw the isto6.)
Slope Information needs to bo cataloged here in the mountains just as well
s could be improved by a consideration for gtoeptttm. For exam$>!e; to control erosioa, on« needs to toe more
vegetation (or other eroskm control jue&sures) on a 40H slope thaa a 4% slope (grade). But for ravcgeiatloa purposes DEP
treats all land the same, even ihst ^idi is tisi tim && steep as the land ptfdbrtfid by ftefiefs a»id most homeowners. If Dfii*
had logical v^etatjon requirements for different grades of land tHSs im«iW help quail, which prefer a patchwork pattern of
vej$staliioit (Since plant species vary in their sensitivity t& oorapeHUonj a gmater diversity of plaflt life will be permitted by this
ehauge.)
For example: ....„„. ...... „ ..... „ . .„„__,,
Hie typioai gmds of a wet meatiow (and some forest wettmds) k 1%, Anytti jpg 0V6f 2% gsttemlly incomes 3 ittound or
re I alive ly dry ishiiid, Tliere ccntil bo e culegory for hind w;th 30 o vcmH grude undi;r 2%, so the pblic cou Id knew whether
eoouglj wet we^lier pools, wet meadows and wet fofesls ar« being created to stffilaifi wlidlife timt depend on (IsosB habits.
The typical gmde for a hlgliway is 4% or less, (Hole that DOH ptiis up signs wiring of a steep grade aficad for highways that
have a 5% or greater grade,) Tfesre could be a category f^r land na atesger than the typicai Mgliway,
Tlic safely limit fbr d«m|>i«g a load ftom it fpic& is I S%. There could be a category tttf regs-ded twifisd land that is safe enough
to operate a du&ip track. 16 J$i used to be the staadnrd for tlie pitch of a roof on laobtle hojn«s fsfso described as 2" fsH per
The safely limit for opcOTfiug a ferm tractor along the cofifoHr Is 25%. Tfeero coyfd be a category for Sand safe enough to opei-ate
a fson it actor (aksng the eontotir andflrasaid^i6^8ofaol!ooii5ervstlo&priieikies). (25% is the staiidatrf pitch for a roof OR a
house, {wfafoh a (xmtractor would mfe* to as 3/12 or 3** fall per 12").
Finally there could be $ category for Mud too steep to operate to operate a ferat tractor atoag die oonKmr and is stepra- than the
roof on ttis average American's ho«se
However rather ihsft tnateh cover type with the steepness as one would do fee a play ground or roof on & house, DBF hwsts m
tlio same fciiid of vegetative cewr fer all sbpm. By enforcing a uniformly (mfoiaginsittve cover types, DEP Ibrti^r impoverish^
the bmdseaps of West Virgltiis, limits game biptfe, and m^liteos the variety of songbird and htitWflies,
Another wriabic is that vaHey fi% of df|!N»itt d&slfRS wiH have different maoff rates.
The simplest example being the 3 valley fill of the same sis® &nd $K$pe with 80% durable rock wfll have a faster dischm^e of
wafer &m s vafjoy fit! f the same s&e aitd ^e wtlh 60% durable rack.
If the psspcem of rock is the same -for two valley fills, bat mo bas aft the diiraMe rook at tiptoe of the fiHiiisteirf of thmu^i out,
it should be both imife stable and have slower disctoge.
If rock atid sia» sns the same, b«t one has reversed slope terraces anil the other doesn't, the first wilt have slower runoff tban the
A common public need across the West VirgitHa is e iiesd for flood control,
Yet rhe public .use provision 1:^ never been used to address extra '.l^ps for reducing Hoods
Taking steps to reduce flooding wsakf have a beneficial ecofitmie impact, yet the variance for ecmoniic use has never been
approved for steps to redoes ftoodiag
For cxwtpto; as Uw pwre eeosomi^ ^ayflsh ftoiisg smi tbe (^onomie awrf for » emy 8$h ton ta $oy^em We« Virginia
would be hard to jtistiQ' to the satisfaction of teptatory agencies ss teg as they oa!y cratsid^ the pfee of crayfish In to Ossir
saleulatfofis. Howevw if they would a^o consider the bettefits ftat saoh a fem wo«W eoaftibute to fee reduction of ibtws duo
to fifxxiifjg then their oafculatfoas would be more accumie and felr to all
17-1-2
MTM/VF Draft PEIS Public Comment Compendium
A-873
Section A - Citizens
-------
Barbara Beer
' In ifei feterim regulations QSM Imd a ml* agaiast a«y d&pressio&j btgfpr fte & squint mete*. Following that thai time period,
fho Drainage Handbook became the standard in West Virginia, To this d&y tins Drainage handbook stilf has a rule against
depressions deeper than two tens of a foot. As a cotsseefuenee of th® earlier GSM mle and thfi eumait mle tbere are veiy f&w
weHands on miaed tends and tltoss (hat do occur am of very poor quality, ^mt of the reasmi that tiisa-e am so Ibw w«Uands Is
th&t: I ,) the overall empiw&is of th& Dminags Handbook is to ebajiiw^ wa^r ofiTthc mined sits a»«J 2.) tee has &e&5 a
rs^ulatory ageaey tendeaoy to eonsidfflr every w&fer ratattrfBg stn^are to be an ImpouadmBnt so feat even ggdliawt ^itehss am
reqiiiited to be rmioved after mining. So th6 tttought oil the ^rattoaal siije llw keen why bmfel K»n<^liiiig eossnu know of my erayfistj Stmis on mined tod la W^ Vlrgiak.
Ali of these would result in iii«e "otganfe «
H for apalic organtos lit the steams feelow ttie uifeing area,
6-6-5
14-3-5
Page 2 of eommentt on BIS by Lawnmee T. Beota-fe
Skifab a@aol.com
To: 113 Mounlaintop@F.PA
08/17/0311:15 AM cc:
Subject Mfc of the mountain
Dearest those who care fot HS, please take tine to tliiak of the long term
vision of the effects of tnounuinlop removal: wildlife habital clwiitucrioti \\ith
tcstiltiii^ extinction of flora att
-------
Trick Behle
C-X
«/
n,*-
1-9
— Fom*rdfed by David Ritfer/R3/USEPA/US on 01/07/2004 03:32 PM -----
"tacbce@yahoo.co
m"
-------
Bob Bell
Gordon Bell
1*. JohttForren
U.S. EPA
1650 An* St
Philadelphia, PA 19103
Email- inoiiiitsiiit5pif3@si3a.goy
REC'D 3EC.22;
I oppose the practice of raotsitaiatop removal rnrflitjg. This mining is destroying our
coBHBonitjes, homes and lives. We are constantly flooded, in homes that we Saw spent
oar lives in. We are being pushed oat of our homes by flie destruction caused by
mountaintop removal mining. Chir roads are being shut down ever time it wins this
makes oar rescue personal useless to us. Oar tax dollars are what fixes all the mess
caused by the mining going on around us. No wonder mining is so profitable we as
citizens pick up the fell on the devastation caused by the mine companies. Please stop
this insanity is killing out entire communities. Not to mention the effects it's having on
our environment Th« habitats of our atttraals are destroyed, running th« wfldlife sway.
Our streams are filled with rode that the mine companies pile into these valley fills. The
waters get ap aad have no where to go bat into peoples homes. Our mountains ax
exploding with water. Hess outbreaks come out into people's yard and underneath their
homes. Our homes are literally being blasted off their foundations or the earth is opening
up and swallowing them. Please stop the practice of moantaiBtop removal coal mining
and save our homeland, our children's future and very possibly our lives
Name
Bmaii
1-9
1-10
MTMA/F Draft PEIS Public Comment Compendium
A-876
Section A - Citizens
-------
Vaughn Bell
Joe Bergeron
December 17,2003 *3|?
Mr. John Fouen BPA
U.S.EPA(3EA30)
1650 Arch St
Philadelphia, PA 19103
Dear Mr. John Forsten EPA,
I am writing in regards to the Bush admaiisteaon'! plans to centime to let coal
companies destroy Appalacbla with mining practices that level moanfaintopg, wipe out
forests and bury streams in the valleys below. This type of miamg is immensely
abstractive to the natural environment and «lso exacerbates health and environmental
problems for an already straggling population. Moontaintop removal mining and valley
fills should not be allowed and the laws and regulations that protect clean water must not
be weakened. In particular, I oppose (he proposal to change fhe stream buffer zone rule
that prohibits mining activity within 100 feet of sn-eams. This rule should be strictly
enforced for valley fills and in all other cases.
I'm disappointed and angry that the federal government ignored its own studies when it
proposed weakening, rather than strengthening, protections far people and the
environment. I do not support any of to tee alternatives eostained within the
Environmental Impact Statement Report All three options will make it easier for
companies to destroy streams, endangering wildlife and nearby communities.
Sincerely,
1-9
1-10
1-5
Vaugte Bell
lOVintonStApt 1
Boston, MA 02127-3S27
DeliveredDate: 01/07/2004 08:10:51 PM
I feel I should pinch myself to make sure that the practice of
"mountaintop mining" isn't the product of some nightmare I'm having.
Let me see if I've got this straight. Mining companies hire a few
people to pilot gigantic machines over rural West Virginia,
obliterating the tops of mountains and destroying the intervening
valleys with waste, clogging streams and creating conditions for future
flooding and erosion. In return for the paychecks offered to the few
humans involved in this process, the people of West Virginia "benefit"
by having the very landscape they inhabit trashed and denuded for
centuries at least,
Iregard this kind of policy as being nothing better than utterly
foolish, sh<5rt-sighteddesffticti'oninflicted byalew |*reedy men with-.
no;reg»d for generations ta-eoiMe,. I abhor it absolutely,
Joe Bergeron
2732 King St,
Indwell, Kt "13760:
1-9
MTM/VF Draft PEtS Public Comment Compendium
A-877
Section A - Citizens
-------
David Berkland
Michael Bialas
1-10
Mr. David J. Berkland
302 Mansfield St
Sharon MA 02067-3129
y ,1; eiiA/ia.*iJm?irr*t-
r^
( Jffl
I
1-9
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?,F .£Jt.tt&£(&^.,'rt3j&.£&>J&{~(ttJt!i£(J--E&irt-J:-
MTM/VF Draft PEIS Public Comment Compendium
A-878
Section A - Citizens
-------
Bonnie Biddison
1-10
^
- Forwarded by David tidei/RMJSEPAAJS on 01/07/2004 03:42 PM -
m To: 83 Mountaintop^EPA
cc:
01/04^00403:24 Subjwt: mounUintop mining
PM
To Whom It May Concern, Plssse 4o 0ot allow raount^iirtop mining to occur
unless strict limits are placed upon it$ contiisied usss. The prospect of
350 nws
squwte miles of Appalaehia laid waste by this pillage of (be environment
is
raaeeeptsfcle! Let's be "stewards of the Earth'', not desttoyers of it -
it's the
only Eaitfc we have. Thank you!
Boinie BWdisoB, 653 (Me Run Ttail,
#209,
Oak Park, CA 91377
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-879
Section A - Citizens
-------
Charles Biggs
Cathie Bird
(304) KS-S47T
CHARLES K. BIOGS
P.O. Box 127
Btrlitlty Spring*. WV15411
A'JQ
2 1
August 19, 2003
.„.. Forwarded by John Ferren/R3AJSEPAflJS on 01/0*04 02:36 PM -
Cat* Bird
To: John Fofren/R3AJSEPA/US@EPA
h.net» oc:
Subject: mtr and vf els comments
CHffl*0401:56PM
Mr. John Forren, US EPA (3ES30)
1650 A«h Street
PMladrfpHi, PA 19103
Subject: Draft Environmental Impact Statement on Mountain top Removal
Dear Mr. Forren;
I find it difScult to believe that despite having accumulated 5,000 pages of study
documenting the damages which the existing practices of mountain top removal strip mining have
caused to water quality, air quality, and quality of fife to neighbors the Draft EIS makes no
recommendations regarding proposing alternates or even forbidding the practice completely.
Also as a civil engineer who has spent more than forty years in the practice of designing
am) constructing foundations for buildings and highways I can not believe that the loose
uneonsolkkted fills produced by the manner in which tile valtey fiBs are placed will result in a
9uitaHe medium for tlie foundations of roads, buildings or even park land structures. This type of
a ffil in my experience, would never be suitable for supporting any structures.
1-5
13-2-2
Veryt
i yours.
ce; WVHightends Conservancy
Thanks for the opportunity to comment on the findings and
recommendation? of the mountain top removal and vafley fills EIS. After
reading through this very large and challenging document, I do not feel
that I can endorse any of the options presented.
I live in the Elk Valtey area of Campbell County, Tennessee, just south
of the Kentucky border During the past year my neighbors and I have
been concerned about the 2100-acre Zeb Mountain project which features
cross-ridge mining—a form of mountain top removal. Many citizens and
groups in Tennessee are concerned with mountain top mining and valley
fills, and I am disappointed that Tennessee's issues and history with
MTR had such minimal attention in the EIS and that opportunities for
public meetings were virtually non-existent
I am further concerned that the nature and consequences of cross- ridge
mining were not adequately addressed In Tsnnsss©® there have been few
if any permits for Mountartop Removal Instead OSM's Knoxville Field
Office has been Issuing permits for other types of Mauntemtop Mining
Over the past 10 years OSM's Knoxville Field Office has issued five
permits for "Cross Ridge Mining." I view Cross Ridge Mining as a type
of Mountaintop Removal and am opposed to this practice. The use of a
different nsme for what amounts to basically the same practice is a
cynical attempt by the industry and regulatory agencies to avoid the
scrutiny that hae been focused on Mountaintop Removal
My main concern is that valley fills and tie 100' stream buffer zone are
not adequately addressed by any of the alternative actions The EIS
appears to substantiate scientific studies, as wed as common sense and
local experience, that mountain top mining and valtey fills impact
headwater streams as well as downstream conditions. In Section III-D the
EIS summarizes eight potential Impacts such as toss of upstream energy
from buried stream reaches and changes in chemistry, flow and
sedimentation downstream. That's why I'm really confused about why we're
still talking about messing with the 100 stream buffer zone rule or
allowing any valley fills at all
As I read the alternatives proposed in this EIS, our only choice
regarding valtey fills is how much damage to the watershed we're going
to say is okay. If declaring the 10ff stream buffer zone inapplicable to
valley fills is what you mean by rewriting and clarification, then we're
headed in the wrong direction We need to teep that buffer tor all
streams and every project, period If "science-based methods" can't tell
us what the size limit of a valley fill should be. then let's not do any
1-5
3-4
1-10
MTM/VF Draft PEIS Public Comment Compendium
A-880
Section A - Citizens
-------
Stephanie Blessing
mow until we figure it out.
Some of us feel that the Zeb Mountain permits were issued before all of
our concerns were adequately addressed Now, several months after mining
began on Zeb Mountain, we are seeing substantial sedimentation in one of
the waterways that drains that area. The sad truth is that current
surface mining and water pollution laws and attempts to enforce them do
not prevent damage to the environment. I'm very concerned that
alternatives offered in this EIS not only weaken these laws further but
also fail to improve enforcement As I see it, the only thing that's
being streamlined here Is the destruction of tie waters and mountains of
Tennessee and the other Appalachian states
Cathie Bird
PO Box 154
Pioneer, TN 37847
1-5
MTMA/F Draft PEIS Public Comment Compendium
A-881
Section A - Citizens
-------
RuthBleuni
1-10
'RBO'D SIP 0 4,
-Me
'
t-#A_
17-22
MTM/VF Draft PE1S Public Comment Compendium
A-882
Section A - Citizens
-------
10-2-2
x/
-------
PLEASE POST
93 AM ^UEea '»"¥i<pai)H US
'
S8 AM 'i»*H *W»W ' S Bit «SQ Qsi
Eaa-eea^we'«^i3W( we -BBS
(QUO) pucofl [wog «o«!^
-''
Act of Cod" No! Act of Coal!
predict thai m two
dficades half the peaks
of southern WV's
US New i H'oHrf Report
"God put the
tKHmtains and the trees
hem, to protect thss«
who iiva In these
^allays. Now, they've
taken tie tops eft ttie
mouriteis. They've
taken tfietre«$ away.
They'?s taken fro?!}
God's ereation.
Tficre's nothing to
protect us anymore,"
hfly eaffla fti H«B Mid s^eour^d,
killed s tiundred ihouss^xl talnsrs,
oar strssms, grotaid m? roads Into du«t wWt
eir coal (mcks.s^dtficrntfieyna'.'clfe nerve to tail us
that thfe^ sheuK fee aljls t& destroy aur m
because tfiey have cnxfei jofsa,...
- Dense Gterefiffa, App&iachwft Author S AcS
"Tfe rtchfJt are all taken &ut hut
people siiilfettf indmbttd so the c»al imAts
thts Is insart /rv ' "
and p»f«»ftfei streams tftay dessimy those stfs^n
e are flsfi, ihsy caurtot mlgreto,
Eteep in o rubble piie. it is crIirrina'.KJ..
No effsst en related efivh&ftftt&ntaf values ia marc
advWiethsrt obliteration, r
yiOO-actrSai^rt \trn
in Kentucfa has fata
aged or efetiPoyfd the
wetter sitppiies for ait
estimated "/QQfami-
hcn "
~ Kwefkfafc For Tk*
'Ti.iss hi! SoulJj&T! W*S' V«g«mfr #•«! ia jMKJpie
djod I Ins fwuse, :n Buignj Hollow #i Rstegb
CoiiiHy. w -we of ihe l,*flt)hMi»s3ES»oj'«l in
Fedefat said&ts sup]X)fl the Rfoii vScums
awayf and ihe mioiRg i*asw *^ tfes^wJ into
sliHoatt Note the size of Stc KjutproiBt Wng
uW T^o I00-(oatr«cks*('IBM wflierof
(ihotft According to the NaUuMi Mtfijng As-
aociauffli ihew hove been 6WO vailev Bfls ca
Kestfuci.1 ?nd Hesi Vijgltfia m ihe past 75
WMptrsw fastest os wsr^t
gave ftay to pawling
brown ulcers !{f jails fult of h^If frowai
"Statrji a thickest of
wstaf, c*«ti dssst, metctiry,
Mountaintop Removal
Destroys Our Homeplaee!
STOP THE DEVASTATION
For assistance see list of organizations on ether side of this poster.
MTM/VF Draft PEIS Public Comment Compendium
A-884
Section A - Citizens
-------
Margaret Block
KathrynBlume
— Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM
"carzy_qiieen@hotoi
ail.cotn" To; R3 Mountaintop@EPA
-------
Julia Bonds
AUS 1 4 2
My 24,2003
Written statements to EIS study: STOP THE ASSUALT ON THE
PEOPLE AND THE UCvTMONMlNT IN APPALACHIA, STOP
MOUNTAINTOP K1MOVAL!!!!!!!
Thk draft EIS study takes science and twists it into lies—this study lacks
common sense and humanity. This study is tin-American, unchristian, plain
evil and is environmentally insane. This study was commissioned to evaluate
ways to protect the people, streams, endangered species and the environment
of Appalachia, but this study contains evidence of the exact opposite. The
recommendations in this study are designed to DESTROY that which it
was bound to protect This study lacks humanity and common sense.
For 9 generation my family has lived in the Coal River Valley, Southern
West Virginia, and Central Appalachia in the heart of the coalfields. I am the
daughter, sister, granddaughter and great granddaughter of coal miners.
During my lifetime I have NEVER seen or experienced a more devastatingly
evil, catastrophic form of mining than MoiHtfaintop Removal. This type of
mining is also paramount of environmental and social injustice as is this EIS
statement that supports this mining. The authors and supporters of this
statement have belittled the impacts on communities, culture and humans of
our very ethnic, oppressed and poor part of Appalaehia. Not ONE official of
this study has been to the coalfield study area to investigate the effects
on low income and minority people, NOT ONE official has investigated
the impacts to the people and properly in this study area. Instead the
time and money for this study was spent trying to accommodate the coal
industry, corporations and wealthy executives of these companies. This
part of the study and the recommendations MUST be done again!!!!!!
As the Community Outreach Coordinator for a nonprofit graisroots
organization I submit the following impacts—personal, observed and
compiled from residents Mving in tihe effected areas. Yoar study M0 MOT
study the impacts to the residents and the people of the study area. Your
study instead spent ALL the money paid by taxpayers to find wap to
allow this evil mining method to continue.
1. Destruction of streams and waterways; Well over 700 miles of
streams nave been destroyed—I beleve this estimate to be LOW.
Mountalntop Removal/Valley fill mining destroys, eliminates and
contaminates the MOST important requirement of sustaining LIFE-
1-9
10-2-2
10-2-2
5-7-2
CLEAN WATER!!!!! Furthermore our culture relies on and low
income residents use Appalachian streams for food, recreation, baptisms,
spiritual and cultural events and drinking water. Only an idiot would
destroy water—the essence of life. This study team has NOT done as
requested—drill into a number of valley fills and monitor to see what the
water is doing.
2. Destruction of Forests; YOU CAN'T PUT IT BACK!!!!! These
forests sustain the low-income people and indigenous people in
central Appalachia. Nuts, berries, feed the people and animals, which
the people hunt for food. Ginseng is a commodity for our health and
brings income to the low-income people. The loss of forest and natural
habitat is bringing the wildlife in the human communities-—poisonous
snakes, bears, squirrels, raccoons etc.. .sometimes with rabies. This is
happening at an alarming rate. The wildlife is invading human areas.
This study does NOT include the loss of the medicinal herbs and
roots found in the study area. We are poor, lack medical care and
we use the medicinal herbs found in the study area. A new study on
these herbs and trees is being conducted at West Virginia University for
probable/possible cures for deadly diseases. This under story Is also
part of our heritage and culture. Ramp festivals held every year and
ramps have great medicinal value...residents swear by "the potent plant
for many ailments including male vMBty and overall health. Others are
bloodroot; yellow root, goldenseal, blackberry root...how long before
these will grow and regenerate on sites? Where is your report OB this?
All this sustains our health, lives, food, income, culture, heritage and our
children's future. This fells under the executive order for environmental
justice. The loss of the FULL NATIVE forests also is a loss for future
incomes in our area.. .there is no viable study on the cumulative loss of
forests—West Virginia employs almost 30,000 people in hardwood
timber., .with the loss of our forests...mere goes loss of taxes and jobs
lost for die next 300 yean and sends the timber industry to the scenic
area of our states, and mere again loss of fiiture income. What tourist
wants to see clear cuts? The local residents has also noticed weather
pattern changes with loss of forests.. .the forested mountains used to
protect us from high winds.. .the loss of the mountains height and forests
has allowed more wind into the valleys and damaged their property.
Where is the study on this? This affects ALL of West Virginia, not just
the study area. In essence by allowing Mounlaintop Removal to
continue to destroy these mountains and forests, you are destroying
the sustainability of the mountain culture and the lives of
11-5-2
11-6-2
11-7-2
MTM/VF Draft PEIS Public Comment Compendium
A-886
Section A - Citizens
-------
Appalachian Americans. We are poor and cannot live without these
m ountains, the ecosystem and culture that depend upon these
mountains. Our mountain culture is one of the very last of Ms kind in
America.
3.
THIS! Again (iris falls under the executive order on environmental
justice and socio-economic impacts. People's homes are their life
investments sad a large number of retired people live in the study area,
Blast damage and emotional stress from blasting and the damage from
blasting occur frequently in the study arm and sojaeftnes oocw up to 12
miles from the mining site. The West Virginia DBP has records on the
large number of blast compiaiiits. Blast, according to your stody, emits
air pollutants, which your study says rarely goes beyond WOOft. TMi is
an outright LIE! I have seen it with mine own eyes and the proof exists
that the fumes goes much further and invades communities. When your
community to surrounded by Mountaintop Removal sites that blasts
364 days a year, that is cumulative impact and your study BID NOT
address this. Perhaps because it is HOT your child that is subjected
these war crimes. Your EK5 study says that adequate laws are in place—-
that people can seek redress in courts systems—Another BLATANT
LIB!!!! These laws do NOT protect the residents... they protect the coal
companies. In other extractive industries the liability is assumed on the
company, but to the coal Jndastry,.The burden of proof is on the poor
people. The poorest people, in the poorest state, live in the coal rich
counties of West Virginia, we rank test in income. How can they
afford lawyers for justice in the court system? Again this goes to the
executive order for environmental justice and low-income people.
Your own study states that the people living in the study area are
30% above the national average in poverty levels. Your study facts
contradict your conclusion on this issue—AGAIN!! This study
constantly defies the executive order on environmental impacts of
low income and minority people. Perhaps the authors of this BIS study
feels this way because it is NOT THEIR HOMES THAT IS BLASTED
and your children are NOT subjected to these crimes.
4. FLOODING OF DOWNSTREAM COMMBMTHS... How dare
your study dismiss and belittle this impact!!!! AS in the impacts of
blasting, and adding insult to injury, people's homes and lives are lost ia
the downstream flooding that this mining creates. Evidence proves that
16-3-2
10-7-2
17-2-2
5.
Mountaintop Removal greatly contributes to flooding during rain events,
O«r people living in these effected communities suffer from Post
Traumatic Stress Disorder from blasting and flooding. This has
purposely gone ovetboksd by Ms EIS statement Many children and
people after flooding episode go to bed fully dressed and packed ready
to evacuate when a rain event decors. The taxpayers of America pays for
these disasters and there are many, many more to come. The PTSD must
be addressed and the people ajfifected by this should be given treatment. I
guess none of the authors of this so-called impact statement has ever
stood and watched their lives and their children's future float down the
river because ofMan's ORBED!!!!! No awn's, CEO'S, or stoeteolder's
paycheck is worth my child's life. With the steep terrain in Central
Appalachia, we expect some small amounts of flooding in our streams
but this flooding was like nothing we have ever seen. People saw 1 Oft.
tall walk of mod coming down on their homes. GOD should have hung
a "DO NOT DISTURB" siga on these ancient, beaatiftil mountains but
HE never thought MIAN would commit such an horrible deed against
HIS creation. How very upset HE mast be wMt HIS chiMrea STOP
DESTROYING THESE MOIMTAMS!!!! STOP FLOODING MY
PEOPLE!!!!! Again this is out of compliance with the Executive
Order on Environmental Justice in iow income and minority people.
ECONOMICS... Mountaintop Removal destroys more jobs than it
creates. The tax base from people's jobs is missing and that is a great
loss to our state in revenue. This TWISTED study iiife Jo address
economics issues—cumulative as well as present and future— from the
residents and taxpayers view point. A. Why are the people living in the
coalfields poof? One answer is because the coal companies with aid
from corrupt elected officials created a colony and a mono-economy
dependent upon one evil industry—COAL and conspires to keep diverse
economic development out of the coal fields. B. Coal says it supports
schools—While the National tend is to move away from consolidated
schools—the politicians ia West Virginia are closings schools and
busing students up to 4 hours. At least 2 schools ill the coalfields that sit
beside Maasey operations have been closed this year atone. Put this in
your study,..why is this happetfflg? More coal is mined than ever
before. C, Ta^ayeisofWestVirgiaiatndAjnericaae*'fi)Otlngl;he
bill" for Appalachian disasters caused by greedy irresponsible mining.
FEMA doesn't grow money on trees—tins is America's Tax Doflara at
work. Many more mining disasters will be in the near future if
Mowntaintop Removal is continued, STOP it NOW! D, Many people in
17-2-2
9-4-2
11-9-2
MTM/VF Draft PEIS Public Comment Compendium
A-887
Section A - Citizens
-------
your study area are low income and without health insurance—sediment
ponds cause higher levels of disease carrying mosquitoes and the people
living in tt» study aiea ate being affected by this situation more and
more as each new permit and pond is allowed. The taxpayers of the
study area states and the teqsayers of America will pay the bill for the
health effects of this type mining.
6. ENVmONMEIWALJUSWCE—lXIC'roiVl ORDER.... As
your study says * unemployment, poverty and out-migration is well
above tfce national average". This socially evU EIS draft defies the
Executive Order W2898. Again coalfield residents are of low income
and ate definitely an invisible minority and ethnic class—labeled by
media, movies, and television as "inbred, ignorant hillbillies—so much
so that the city of Cincinnati included a human rights clause against
discriminating against Appalachians during the out-migration in die
years of the up-down cycle of coal mining. The authors of this EIS
statement most think we are "ignorant MllbilHes". Many people think a
conspiracy exists to depopulate the rural coalfields—An Appalachian
Trial of Tears. I flunk this conspiracy exists and this EIS statement
encourages thai conspiracy and may be part of that conspiracy, either
knowingly or unknowingly. Your study in fiict promote genocide of
the people living in this study area, your study promotes the crimes
against the people and children of this area that the coal Industry is
committing against my people, in effect your study promotes and
protects those that commit these crimes.
7. CULTURAL IMPACTS AND LANDSCAPES—this section is the
BIGGEST JOKE in the statement!!!!! Contrary to your report,
regulatory agencies do NOT possess the knowledge to address current
cultural landscapes and have admitted this. Please contact Dr. Mary
Hufford at the University of Pennsylvania for a report and study she has
concluded Regulatory agencies merely rubberstamp permits. We have a
distinct and unique culture here in central Appalacbia and HOW
DARE YOUR STUDY IGNORE AND DISMISS OCR CULTURE
AND OUR PEOPLE. We have the right to pass on to our children this
culture and heritage and we cannot do this without these mountains.. .the
mountains are a central and very important part of this culture. Again
these mountains and the surrounding ecosystem give life and
susteiaabMity to ow cuture and our children. Again this goes directly to
the heart of the executive order on environmental justice for low income
and minority people. Revise and include this in this EIS statement!
10-7-2
10-2-2
8. IOTANGEHI»SPI£iraANDWnjJLDm—The habitat of
endangered species is not only sacrificed but ALL wildlife in the
study area is being destroyed, as is their habitat. The wild life is
invading human habitats at an alarming rate and posing a threat to
humans and our children. All ray life I knew wildlife existed in the wild
area of our mountains, but unless I invaded their habitat, I never crossed
their paths, now it is the norm to see wildlife in our yards and homes.
The corrupt officiate in the WV Division of Natural Resources says that
it is over breeding.... but I am not stupid...if wildlife habitats exists of
10,000 acres and the greedy coal companies destroy 9,000 acres and the
wild Hfe breeds, that leaves less acres for wildlife to live. That scenario
can be twisted to ft the corrupt and evil agencies agendas...much the
way the authors of this EIS has twisted the facts. On Indiana bats and
birds, as I said not only endangered species is at risk, but all wildlife and
humans are at risk from Mountaintop Removal. Valley fill mining
creates manmade sediment ponds and false wetlands.. .these ponds pose
life threatening health impacts to humans and particularly their children.
and the Mountaintop Removal mining has already destroyed the
mosquitoes natural enemy that keeps these mosquitoes in check., .the
habitat for the Indiana bat and all other bats and some birds has been
destroyed, thereby stopping and destroying GOD'S own natural check
and balance system here in Appalachia. BOW VERY
DANGEROUSLY ARROGANT OF MAN TO CHANGE GOD'S
ORDER AND ALL FOR GREED!!!!!! Very lew natural ponds and
lakes exists in the coal fields of West Virginia, GOD put flee flowing
water and steams here for a reason. AGAIN THIS EIS STATEMENT
DOES NOT ADRRESS THE CUMULATIVE IMPACTS TO THE
PEOPLE IN THE AREA AND TO THE PEOPLE OF THE
STATE. THE HEALTH, CULTURAL, EMOTIONAL, SOCIO-
ECONOMIC, ECONOMIC, SPIRITUAL AND
ENVIRONMENTAL JUSTICE IMPACTS ARE ENORMOUS. WE
CHALLENGE PRESIDENT BUSH, AS ONI CHRISTIAN TO
ANOTHER TO COME TO THE HOLLOWS AND VISIT WITH
THE PEOPLE THAT HAVE BEEN FLOODED, BLASTED AND
IMPACTED BY MOUNTAINTOP REMOVAL MINING AND TO
INVESTIGATE THE PRESIDENTS ADMINISTRATORS OF
THE AGENCIES THAT ALLOWS AND ENCOURAGES THIS
ASSAULT ON THE PEOPLE OF APPALACHIA TO CONTINUE.
I AM SURE ONCE THE PRESIDENT HAS DISCOVERED
J-l-2
9-4-2
MTM/VF Draft PEIS Public Comment Compendium
A-888
Section A - Citizens
-------
THESE CRIMES AGAINST THE OTKENS, HE WILL NOT
ALLOW THIS TO HAPPEN, AND HE WILL STOP *-*>-—--/- — ^Bse.u'0 OK 2* »»,
MOTOTTAINTOPRlMOVAL.NOTRimGOBra^yMVGMAN ^ ,*»/*-. «w
WOULD ALLOW THESE THINGS TO HAPPEN TO INNOCENT
PEOPLE AND CHILDREN FOR CORPORATE GAIN.
Julia Bonds
Coal River Mountain Watch
P.O. Box 651
WMtesvUte, West Vkginia 25209 304-854-2182
MTM/VF Draft PEIS Public Comment Compendium A-889 Section A - Citizens
-------
July 24,2003
My family and I have been here many years and for many
generations. I am the sister, daughter, granddaughter and great
granddaughter of coal miners. My home is in the heart of your
study area and in the belly of the beast-fhe beast is me greedy,
irresponsible coal barons and the corrupt regulatory agencies and
politicians mat serves as the minions of this beast.
This draft BBS is a blueprint for continued assault upon the people
of Appalacbia, a declaration of war upon our children, their
children and GOD'S creation. Enough, STOP Mountatatop
Removal, NOWHU1
This EG encourages the coal industry to continue to use—to rape
and take—AppalacMa and her people—as a national sacrifice
zone.
This BIS did NOT study the cumulative effects of emdronmental,
community, human, cultural; health and socio-economic impacts
of post, present and future Valley fill mining. How did you study
the environmental justice impacts in this draft? You did not study
the cultural, community, people and property being destroyed by
this mining method, you dismissed it
I demand a revised BIS that includes cumulative impacts of
cultural, social, emotional, and spiritual and health problems of
communities affected by Mountaintop Removal.
A partial cultural study already exists, this study by Dr. Mary
Hufford is available on the Library of Congress website and Dr.
Hufford—Dr. of Ethnography can be reached at the University of
1-9
10-7-2
9-4-2
Perm. Our mountain culture has been her long before the white
settlers came and before
commercial coal mining began. Our culture will be here long after
the coal is gonel
K is believed that many people in Mountamtop Removal
effected coramunities suffer from Post Traumatic Stress Disorder—
-from blasting and flooding. How dare you. dismiss the suffering of
low income aad the invisible minority people of central
Appalachian How dare you dismiss and defy the Executive Order
dealing with environmental justice, the low income and minority
people.
Your own study says that this ma, is well above the average in
poverty and unemployment Where is the study on socio-economic
problems of the area? Why are me people in the coal rich counties
the poorest? "What are the ACTUAL costs to the communities and
people that suffer the effects of Mountatoop Removal? This
mining effects the very poor, me powerless and oppressed people.
Economic Development of these artificial sites? Only $ % of these
destroyed mountains are ever given any economic development for
the affected communities. Where is the study on this?—I want to
see the figures and a study on how much "prosperity" goes back to
Buglar Hollow or Bob White or Montcoal, or any small mining
community.
to Itoe last 6 months, 2 schools in the Coal River Valley,
Both surrounded by many Massey mining permits, was closed.
Sending our children on very, very long bus rides. One was at
Monteoal—Marsh Fork EBf$i School——where is the support—
where's the money? The Raleigh County Board of Educations said
it does NOT receive a red cent from coal tax for education—coal
says it gives—who is lying? I want to see a report on that
10-7-2
10-2-2
MTM/VF Draft PEIS Public Comment Compendium
A-890
Section A - Citizens
-------
Douglas Boucher
the scientific evidence of Ms study shows thrt Mountaiatop
Removal is environmentally insane, tat the recommendations by
the administration is to make it easier for fhe greedy coal
companies to destroy everything, which ietds me to believe that
even worse scientific evidence was omitted ftaa this study. Even
so, your report makes an airtight case against your conclusions.
Your report and your conclusions strongly contradict Did a
complete idiot write the conclusions?
AS a fellow Christian I challenge President Bush to come to the
coalfield hollows in cental Appalachk and toft; with the blasted,
flooded, poor and the oppressed people impacted by Monntaintop
Removal. I ask President Bush to investigate Ms agencies, No true
Christian would allow these evil abuses to continue. I am sure once
the President discovers these crimes against the citizens of
Appalachia, he will stop Mountatetop Removal. NO true GQD-
fearing man woaM allow these crimes to continue.
People should NOT have to make a choice between a job now and
destroying their children's future, making tiaeir neighbors suffer
and selling their eternal souls in the bargain.
Revelation 11:18
Thy wrath is come, that they should foe judged, and that thou
shouldest give reward unto thy servants the prophets and to
the saints and them that fear Ay mine, small and great; and
shouldest destroy them which destroy the Earth.
HOW VERY, VERY ARROGANT OF MAN TO THINK HE
CAN DESTROY GOB'S CREATION.
Julia Bonds
P.O. Box 135
Rock Creek, Wat Virginia 25174
~- Forwarded by Dswid Ridci/IB/USEPA/US on 01 /30/2004 11:21 AM
Douglas Boucher
cc:
Subject Saw: Streams £rom Moufitjtintop Mining
01/22/2004 09:02 AM
January 22,2004
John Forren, Environmental Protection Agency
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
0ear Mr. Ferrer^
'llhe mere thought that a cml&£d nation that was already cxtfisumiog for too much energy
from fossil fusts would resoft to the incredibly high environmental itnpaot method of
moimttintop mining is disgusting. This is obviously only a way to g$att short teem profits $t
the expanse of fang^tetni d-affi^e to all ecosystems irorn the mountain all the way
downstream to the oceans, not including the added ca-ri>ons and heavy metals to the waters
and acmospheisg.
Hie sdministcation and the departments invoivcd should be exceptionally ashamed
of any actions condoning mountain top riHtHfjg;. I &tt\ opposed to any changes that "would
weaken- the laws and regulations that protect our timers ai^d streams trom the effects of
motmtaintop mining and valley fills. As a result, I am opposed to each ot tlie alternatives
evaluated in your May 29,2003 draft Environmental Impact Statemeat (EIS).
Your draft ES contains indi^utable evidence of Ae dev^$tetjfs.g and iciwtrsibk
enviconmenftal harm caused by imowt&mtop mining. Othec g^ency studies also show that
motmtaintop .mining contributes to flooding disastets in mountain communities.
Ufifoctuna&ty* each of the iltemattyes- in the drift "BIS ignores the findings of these studies
and the ve«y putpose of the KTS- to ftnd ways to mininiiKe, to the maximum extent practical,
the environmental conse-quances of niounteintap mining. The draft EIS does not examine a
single alternative that would reduce those impacts.
1-10
Worse, your "preferred altsfnative*' would clearly increase the damage from jnountaintop
mining by eliminating the Surfsre Mining Control and Reclamation Act's butler xonc- ruk
that prohibits mining activities that disturb any are* within 100 feet of larger streams,
eliminating the current limit on using nationwide permits to approve valley fills in West
Virginia that ire larger than 250 acres, and giving the Office of Surface Mining a significant
1-5
MTM/VF Draft PEiS Public Comment Compendium
A-891
Section A - Citizens
-------
Brian Bowen
new role in Clean Water Art permitting for mountaintop mining (a tote it does not have
under current law).
Out environmental laws require, and the citizens of the recoil deserve, a fuil evaluation of
ways to reduce the unacceptable impacts of mountatntop mining, I utgc you to abandon
your "preferred alternative" and to Devaluate a full range of options that will minimize the
enormous environmental and economic damage caused by mountaintop mining and valley
fills.
Thank you for your cooperation.
Sincerely,
Douglas Boucher
3824 Suffolk Ln
Piano, TX 75023-1051
USA
dougjasboucher@eatthlink.net
1-5
Forwarded by David RirJer/R3AJSEPAAJS on 01/08/2)04 01:58 PM
Biff Bowen
oc'
Subject:
Q1CS/2004 04-66
PM
Degr iPA,
Reowt articteg about mountain removal ars disturbing. Please do not
allow
further destruction of the beautiful mountains of SW Virginia and West
Virginia.
Brian Bswert, Jr.
161 Stapp Creak Road
Amhefst, Va. 24521
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-892
Section A - Citizens
-------
Deborah Bowles
Gayle Brabec
— Forwarded by Dirvid Ridet/R3/US£PA/US on Oi/08/2004 01:59 PM
Boi.vles922@aol.com
To: R3 MountaiiHop@EPA
01/05/200408:51 cc:
AM Subject: Re: JOHN FORREN
Mt. FORREK,
I am opposed to Mountaintop Removal Mining and Valley Fills PLEASE
stop this
"ENVIRONMENTAL NIGHTMARE"
Deborah F. Bowles
1-9
JchnForren
US. B>A(38S38)
1650Arch Street
Philadelphia, PA 19103
1 oppose mountairtop removal and valley flit; and any change in the buffer zone rule. lam I 1_Q
disappointed arri angry trrat the federal govemrnerit ignored its own studies when it proposed I
nwstefUng, ratter than strengthening, pwteBaj for people and 8w environment Setenpc
srxidies document the widespread and irreversible damage the coal industry is doing to our siate | 1-10
and region. Mountain top removal ignores the public's demand for ctean water, healthy I
«sase accept tfte wlsfem of those who ft* to fhese anas and ttte K3««Bfc studte that support
these correct insights. How many coal company CEO's l!ve in Harlan (iiunty, Kentucky?
Thank you for considering the good of the peopte in the coal areas
1707 New Orleans Q.
Lexington, KY 405405
Cc: President Bush
MTM/VF Draft PEIS Public Comment Compendium
A-893
Section A - Citizens
-------
Mary Beth Bradley
Mia Brady
Mary Beth Bradley
Letter Date: 1/1#2Q04
City: Chattanooga State:
TN Zip: 37401
Please don't backtrack on legislation that would leave our precious mountains, open to
being taped again. The "Sleeping Lad)?" in Anderson County, Tennessee is just beginning
to heal from, befog marred by the coal company's. We need «r mountains jftst to. breathe.
I went to Horidft to'visit my sister'when her husband was in the Coastguard. I spent/a
month with her during/the summer, 1 thought} was going to die without ray mountains.
Those.of us who were born here and want toad She still
been alive, to see what the coal comptuties did to her. Please don't make the same mistake
twice. We are supposed to learn from our mistakes, not make them again.
Thank You,
Mary B'^th. Bradley
1-9
— Forwarded by David Rjdet/RS/USEPA/US on 01/08/200401:59 PM
julia_bradf@yahoo
.com To: R3 Moimtaitrtop@EPA
cc:
01/02/200406:16 Subject: Gimmeots on dfrft ptogratnmatic
EIS on motmtaintop removal coal mining
PM
Mr. John Fotren
U.S. EPA (3EA30)
1650 Aicli Street
Philadelphia, PA 19103
Dear Mr. Forren,
1 object to the Bush administration plaas to continue to let
coal companies destwy AppalacHa wifli motmtaintop zetoovtl
milling practices that level moiattaintops, w^je out forests, bury
streams, and destroy communities.
I caa't believe that the Busli administration would address die
problems caused by rooutitamtop removal coal mining tfarou^i
weakening existing wviraamentd protections.
1-9
Smcerely,
Julia Br»dy
Rt 3 Box 274B
tt, West Vitginia 26201
Senator John RockefeSer
Representative Shcllej' Capita
Senator Robert
MTMA/F Draft PEIS Public Comment Compendium
A-894
Section A - Citizens
-------
Sandra Brady
JotaFertw
UAEnvtajfliBentalPtoteoaonA^ieyCaEASO) REC'D 148V 1
1650 Arch St Philadelphia, PA 19103
Julia B«%
Rt3Box274B
Bnckhannon, WV 26201
Dear Mr. Fatten;
I am writing to voice my opposition to taoax&fatQp removal of coal. While I uiKtetetd fee
importance of domestic energy production, nJoantaiiHQp removal is not a viable alternative for
stippiy of fossil fuels. I hear ti$ people of my state when they express iear that their homes,
businesses, evea whole eossmiaities may be devastated by the lou^term results of valley fills.
Please consider our needs and the weliare of our environment when making fedem! policy
regarding mountain-top lemovaL
^Sincerely;
1-9
Jwlia Brady
August 12,2803
Mr. John Farrem, US SPA
16SO Arch stmel
Phtadtfphta, Pk 19136
AU5 18
Ttiis letter is ecsneemiag ffie devastation frnpaetlffa on Wsst Virginia by iriaoonSnuwiee of mcHJtnfeEdni<_, _
and th* 'sham' of how In® study to review said impact (Environmental impact Statement) is being misused. This
letter is a statement afeout stopping mountain top removal.
I am a native of West Virginia. 1 have lived all but one of my years in the s&te, a Naif-century of loving the
mountains, river, and v^dlife &&t abide frera, Mountain top removal is not surface mining, or sfcove $fwttd
jEJftje&sses, it Is a piuada$iQ of all the* makes thts stais ih& Mountain State or Aimost Heaven. Mountain top
removal fs devastators that strips away «S that Is usefof end leaves a wast® tartd that Is ugly and uasiasa to
meaningful purposes. It is a devastation that sftaets all that iay down stream from the ruined buried streams
that feed our rivers and lakes,
t have seen in person the destroyed mountaintops arid (streams- that ar® aff«cted. I h@ve watched as spill after
split foula our streams and rivers wliHe th^ aRiirt ef the @g$ncy of protection, works to take aim of those
removing mountains instead of taking care ef th^ envirorsmont.
The rivers and Istes am the source of water that has sustained us in the past hut wMor* is IncrsasJrrgfy tifcerj- to
feB to do so in «i6 fulu^ oitea raspontf&ffi^ fix our fatura is acc^ted. RttpentMMy must be aoceptKJ by the
very sa«ficy that is supposed to protect but trsstesd has teeen Msd with th© likes of Norton and Qrifes who have
worked fer coal t'n previous jobs and frave shown no baiance of judgmfent In peiformtn^ their duties now.
Whet amazes me most te that anyone can ignore the obvbus real value of West Virginia's future and then tset
about to destroy ffi WATEI^Ei WsterSsnotjusta West Virginia issue! Evsryorws ahouid care.
When Vtv& mountsino are destroyed the water tatotss are dlrectfy destroyad by bfastSng and th» fe«d of smsil
streams to iargsr steams ends wh&n the smaS! ones are btiriad. Ona does not need an «n@ifiesring degree to
see what happens to those steams.
It makes no sfnca to destroy vshat Is veiuabiB for the long time, for the short-term profit to those who seem
uns&te to mason.
Many who have had a chance to do rsssarch on the report beJtev^ the report supports ending mountain top
removal but those who sit In the Com of Engineers arts $ie SwEronmenta! Proteetfort Agency are pusNrtg for &
fester permitting process for tha eeel industry.
Remove tftose mountains as fest 33 you can! And than wM? Nothing, that la wha* exists, no more coai Jobs,
no fife sustaining waier or forest, no sou! sustaining bsstity, no more profits. Nothing!
Excessive tima *id montrw of ©xtensiorss passsd before th® thousands of pages of the ElS wor4 mad»
avattabie for review. Mora time should be allowed for comment by tha pub&i and mountain top removal must b®
stoppad, Now!
It is not th& job of the EPA to be a poiitori tool of any sitting administration of Site country. Hnd mountain top
r«nov^ and save tie (Uture of West Virginians and the fMas of rtmny oth«ffs vrfio w«HJid benefit from the lumber,
water, and beauty of this state,
Wake up!
sandal,. Brady
PO Box 833
. WV 28832
4-2
1-9
5-4-2
3-5
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-895
Section A - Citizens
-------
Matthew Branch
Lee Bridges
— Forwarded by David Rider/R3/USEPMJS an 01)06/2004 03:55 PM —
Matthew Branch
cc:
Subject mountatntop removal is not good
11/06/200306:39
PM
-— Forwarded by D«'id Rkfet/RS/USEPA/US on 01/07/2004 03:42 PM -—
.com"
-------
Dede Brown
LeeAnn, George, Emily & Sarah Brown
DeliveredDate; 01/09/2004 10:40:37 PM
I am writing to express out view that Okie effect of mountain removal on the
comfflBttitieSj-famflieSi and environment is
destructive and unethical The eommuaittes of W«st.Virginia and Kentucky need the
Voice of.nsason. and justice to prevail in
this historical m& contt-oyesial: issue. The negative cost to the people of the coalfields
cannot be justifi«d for thg sake of
cheap and accessible coal.
Lei our comments join with ttose of similar opinions.., cuirent mountairitop removal
coal naniiig must be stopped and regulated
With fairness.and with a vision, of the future for the generations who will follow.
Sincerely,.
•LeeAnn,. George, Emily'and Sarah Brown
15 Orchard Dr..
Buekhaiinon,WV,26201
10-2-2
MTM/VF Draft PEIS Public Comment Compendium
A-897
Section A - Citizens
-------
Shale Browmtein
Mike Brumbaugh
MOV 2
John Forren
U.S. EJ?.A. (3EA10)
1650 Arch Street
Philadelphia, Pa. 19103
Dear Mr, Porrefi:
November24,2003.,,,,,,„
• • • Shale Brownsteia
Conservation Chair
Ltaraean Society, of New York
15 W 77 Street.
New York, N.Y.-10024
re: mountain top mining/ valley fill DEIS
We ate a group of interested naturalists with more than 500 active members.
The habitat destruction wrought by the proposed mountain top coal mining under 1000's
of tores of mature hardwood forest in OMo Pennsylvania Virginia and Tennessee will
certainly cause immense damage to the Cerulean Warbler population,
Awesome scenes of mountiiii top removal involve more than the disappearance
of the headwaters of mountain streww arid the filing in of an adjacent valley. Many
species are severely disrupted and the ecological damages will of necessity extend to a
considerable distance from the mining operations. ; '".
This Appalachian region of the system. United. States wjtl sufl|r ugly pockets of
noise, dust, and disfigurement. The extensive losses already suffered wiH be grertty
extended in ways that wil even more permanently alter the land. We think thtt the current
drift environmental statement has fsited to property assess the impact of the future
changes, which are already being actively implemented The immense area to be muted in
this fashion is going forward without .sustained serious consideration to the social and
eoologicaljosws that follow in the w|ke,of this one tone, removal of ayailabje coal.
We plead for a moratorium.
We hope that reflection will give time for us all to study the conflicting cUms of
residents, viators, and environmental lopes tor the future of these irreplaceable mature
hardwood forests.
Only the imposition of a moratorium on the mining can offer the chance to
seriously modify the proposed coal extraction, which will change everything forever.
Sincerely
8-2-2
9-2-2
9-4-2
1-9
D»wd Rkte/R3/USBPA/US on 01/07/2004 03:32 PM -
"iBountiwnike@liotm
Acorn" To: R3 Mountaiiitop@EPA
-------
Mark Brans
•L.
ay
/n fn ,-«
*~ r
' <*OM "ffff/f /« (I
. A t.
1-9
fA^ **J ;W
-------
Stephen Bull
DougBurge
-— Forwarded by David Rider/RMJSEPA/US on 01/08/2004 01:58 PM
R3 Mountaintop@EPA
cc:
01/06/200401:00 8
Milling
"9teve@etl.ss.com"
-------
Mark Burger
Gail Burgess
Forwarded by David Rider/R3/l!SEl>A/US on 01/07/2004 03:42 PM —
"burgeonkopfjgfflsu.c
om"
-------
Moss Burgess
Moss Burgess, flood Chairperson
Box 66
Wilkinson, W.Vs 25653
304-752-1596
Thank you for an opportunity to express our views,
1. We live on Main Island Creek in Logan County and to 1996
we were flooded by a four men rainfall ftat fell in the
Comity, The water level was the highest since I moved there
back in flte early 195Q,s.
2. At permit hearings a couple of years ago people who lived at
the foot of the Mountain Top Removal sites told how the
water came off the mountain and washed block walls down
with gullies of mud and debris.
3. We are not against mining because we believe the coal can
and should be mined using auger or contour methods,
creating more jobs. Many of us come from mining families.
Mountain Top Removal and
-------
Linda Burkhart
Judy Bums
top
1-9
1-10
fa. J0H$&}#&£ ^ ^f' f!
**'•-• . $% 1* ^
MTMA/F Draft PEIS Public Comment Compendium
A-S03
Section A - Citizens
-------
Rick Cameron
— Forwarded by David Ridei/RS/USEPA/US on 01/07/2004 03:32 PM
Rick Ctroeron,
To: R3 Mountaintop@EPA
Sxtbject: Maybe we should just fevel all the
mountains
cc:
12/30/200306:11
PM
Sir
I hufflbhr submit that, in "\*iew of Ae liPA's obvious ruhber-stampittg of every
destructive order from the Bush gang, the agency should be redubbed the "EDA", the
Environmental Destruction Agency. Since you are personally presiding ovei tile
dismantling of a century of efforts to protect our natural heritage, you can rest assured
of your pkce in history. Yon won't be forgotten, I promise yoti.
With all due respect,
Rick Cameron
Woodstock, NY
MTM/VF Draft PEIS Public Comment Compendium
A-904
Section A - Citizens
-------
Beth Campbell
Ruth Campbell
AAA-C-^O
r
REC'D JAN 0 2 2tM
1-10
Seo»<»zi Greetings
Porwuded by David RidarfRJ/USBPA/US on 01/08/2004 01 ;5S PM
Ruth Campbell
-------
Pauline Canterberry
Nancy Carbonara
Pauline
f 0 Box 30k
Whit98vill«,
Ph:
REC'D we 20
W, V. 25509
Mr. John Forren, trs SPA
16^0 Arch St.
Philadelphia, Pa, 19130
Re: Opposing Mountain-top Removal Mining
Mr. Porren,
Mount aititop Removal Mining has proven itself to be
an irresponsible method of removing eeal tram the
Appalachian Mountains of "est Virginia leaving far to
much destruction, destitute ant1 destroyed "land polluted
«ith "Valley Pills and Slurry Impoundments.
It has destroyed our Hardwood Forest *nd Wildlife
habitats, it is destroying Appalachian Culture and Heritage
its irresponsible method has ravished the Hollows and
Vallsys leaving them in ruin, It has devastet} the
Cltiz«ns «fho dwell in these "Valleys destroying their
TTnmes and Property, it eo&ttudufctag the Streams and
Bivers, it pollutes the Air, it causes flooding, it <3a«troya
and kills the innocent, it is a high-risk health hazard,
it is no longer «n asset to the State of '.feat
Nancy T. Carbonara, Ph, D.
Licensed Psychologist
Child Development Specialist
61S Washington Road, Satin 3(B.«Pitts!mfih, PA !522S-I909
(4I2)343-8«S3
January 4,2004
AS Jl
The reee emendations in the BIS statement is just
another FIX for th» Coal Corporate to continue their
devastation in the West Virgin!* Mountains that will.
Swell the tsreed of a few and supnort Coal Corporate gain,
while the State of West Virginia sinks lower still into
total despair,
Coras into the Southern Coal Fields of Wast "Virginia
and see the trus story of Mountaintop Reraoiral Mining,
then you will vote to and this injustice.
SincereIT,
1-9
Mr, John Forren
U.S. Envtenmentql Protector* Agsnoy
18SO An* Street
a, PA 18103
DaarMr. Foiron:
I am ¥«y coneorned to h»ar that the Bush Administration plans to continue to t»t
coal companies use mining practices that level mountain tops, wipe out forests and
streams, and davastote both wSdltfe and human communlte In tti« Appalachian
ragksn.
I find that very puzzling, since ft Is my understanding that, according to the
administrations' draft Environmental Impact Statement on mountain top removal coal
mining, that type of mining has devastating, widespread, permanent and Irrever^ltite
effects on the environment.
Agafn, It is my understanding that the Bush administration's "preferred
alternative" for addressing the protelems of mountain-top-removal mining Is to weaken
existing environmental protecttons...thus ignoring the results of the administration's own
studies detailing the damage caused by thai type of mining.
Ptease consider what you may be able to do to persuade the administration to
re-think their position, and consider alternatives that at toast reduce the dreadful,
negative effects on the environment and on the people of Appslachia of weakening
environmental protections. I come from a coal mining family and i know that that
region, and those people, have suffered enough.
Thank you for your attention to these heartfelt concerns.
1-9
1-10
Pauline Canterberry
Sincerely yours,
Nancy T. Carbonara, Ph.D.
MTM/VF Draft PEIS Public Comment Compendium
A-906
Section A - Citizens
-------
Enid Cardinal
Jariuaiy 2, 20C4
Dsa r .John For r^sn,
Although not i?urptised, I am upset to lea.cn that ths Bysh
plans to continue to let CQ-&I companies destroy Ap|>alachia v?ith mining
piauticeK that level mountalntops/ wipe oyt fcrests-, bury sure^ss, an1 1 tffi ^ It
*" i iv i- ^*-
1 a t i tt *• n ftv f
ti riirp 1
f *— i th t J j,-ni
env i rori&ai"; ta! ly h-en i.cn ^ 1 t^mativ^s to propose projects. Tt i ^ not the
intent, to rarely K^as't^ financial rssouross in the compilation a piece
OJE
liturature that will foe ignored. X do not believe that no viable
4-2
alternative exists, as the current course of action suggests.
lternative" for addre&sir*g the
coal mlTiing is to weak-an
The Bush administration's ^prefer
pji^blsrfts ca^s@4 by iijcjuntalriwop re
€EJii sting
<£nv,i rnpffiftnt.* 1 pro'-'-Kofci ons . Thia "prefer red a I t.«rrn.at i vew 1 sjrtor ^3 the
admin:! st rat ion' s own studies detailing the devastation caused by
Hj.oi4ntsint.op rsnov^l co-si M-inin^^ including :
- ever 1200 miles of streams
rcis3U3itai ntA'jp rsrsova 1 ;
or destroyed by
- KIthj>ut fi«w limits on Basuntaifttop ^eiiioval, an ad-tiitiouSl 350 scrj
miles of is*>-un tains* streaffi-s, and forests will be flattened and
destroyed
by mounta.intcp rsff.cr/al irdning,
In light of the.se facts, I urge you -to consider alternatives rhat
Enid Cardinal
2234 Mercer St.
Baldwir^vllle, MY 13027
USA
4-2
1-5
MTMA/F Draft PEIS Public Comment Compendium
A-907
Section A - Citizens
-------
Mary Lou Carswell
Jenny Casey
Mining
ptvrarded by David Rider/RMJSEPA/US on 01/12/2004 02r49 PM
"mlearewel@aol.eo
m"
-------
Sidni Cassel
Mr. Joltt foam, "US EPA
1650 Arch Street
18
August 12, 2003
RE: Mountaintop Removal in WV
majsstic mountains of WV being slaughtered one by one so the coal companies
could get to a few tons of coal It was a disgusting sight then and ft is a
Now I'm in the west where I only see it when I fly home to my beloved WV.
What a sight to see as you fly over what otice was a lush green forest that has
r>e«n transformed into a rroonaspe on top of the mountain.
ladmirethecitizensof WV who stffl think they can fight against the coal
industry in VA'". Maybe I'm getting old or just pkin tired from all the efforts I put
in to make my self aiid others heard. God bless them and give them strength
l^cause we all know that tlie coal industry in bed with the powers tliat be...can't
name names anymore because I'm not around to see first baud.
I can say that I pray (and I'm not too much given to prayer) that the "powers that.
he" wake up one day to find their ftont yard turned into a slag pile or that their
family cemetery is bombarded by flying rocks from a "surface operation". Here's
an idea. How about you fellers change places whh the people who are forced to
live in the middle of four mess and see how yon like it. Let's we how long yon
are willing to stand by while your well dries up and your children can't play in
the yard without safety gear!!!
Sure, it's a free country aj;d I'm sure the coal companies would (and are) more
else...but a free country also is supposed to guarantee the fteedom of those same
individuals who want to live in their homes undisturbed or without fear that a
boulder is going to crash thni their roof as they and their children sleep.
Cons on, guys, Isn't it time that you realize that you can't imdo what has been
done but you have the power to cliangc the future?
Let's leave what mountains that ate left in WV. Once they are gone, there h no
Respectfully,
Sidni S. Cassel
3419 W. Cinaatar Avetw
Pk>eniit,AZ8S03l
1-9
MTMA/F Draft PEIS Public Comment Compendium
A-909
Section A - Citizens
-------
Don Cassidy
Philip Castevens
61 Josepl.Rd.
FKBfam, KY4tt45-»024
1650 Arch StrtM
PhiMdpbiia, PA 19103
REC'D RC 2 S;
owl even wilhin EPA some
cooperation of the V>%iK House,
olTicialibavs advised tto EPA tulssslwuld be
1-10
REMO¥AL I
Pfeilip Ca^tewns
cc;
Subject: 1 AM.AGAINST MOUNTAIN TOP MINING
01/20/200404:16
PM
Please protect our AppaJachan fnoufitaios,
Thflnk you,
Philip Ca$trveffis
-SaJem, NC 27103
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-910
Section A - Ctflzens
-------
Billy Caudill
Herman Caudill
10-2-2
•*•. i
fij^^
jH***C_d£B**{_rfiuSiGa.eM^jOZAf&efeass'
lMait---*&^ity3L^»jLr-~
JyLtA*nuis
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-911
Section A - Citizens
-------
ThermaCaudill
Dan Chandler
HEC'D M 05
^zdL^dL^jd&atjty^jsjij^&jL
Jh^li—'&aiL-J^^
-^_A«df_y**««_jfelfcfc_<ear Mr, John Forren, Project Manager,
II is no longer acceptable to trade <*nvtjfmntetitfti degradation for
non-renewable energy, I strongly urge you to amend the EPA's draft
environmental impact statement so as to limit the effects of harmful
mounteintop removal mining,
1-9
Daniel Chandler
Dan Chandler
436 Old Wagon Road
Trinidad, CA 95570
(Iwchandlfti.'humboldt I .com
MTMA/F Draft PEIS Public Comment Compendium
A-912
Section A - Citizens
-------
Dorsey Channel
John Chase
1 was borr- and raised 1ft >test Virginia, As -rs native of W, T am fully
aviate of the wiorm cli^t was clone to uur mount-aitis and sLieai&s. All you
have to do i-s look around to the different areas- ana you will find zh&
®r.&r.9, t.o out land arid pollntir^ r.rj our slear water mountain streams
that
still remains att«r years o.t h©a.iir,g.
Agsf.r, we rare faced with nhor^aightad government offieials, so
©acf-jr
to pleas® big business with quick and easy access to cur natural
reacurces raat they will soil out our state and its people.
The cuullwued dfc«txuction o£ our state RtusL stop. Houiit^in Top
feKic-val Mining must be halted and laws enacted to ban all such
procedurps iBSiffidiof.f;] y, Cart^i r.ly, th«rs Is no Ktje-d tn cofvduct a
thris??-Vfj«ir study for the "r-aping of our l-andJ* by Officials from ether
states.
My !?ad spent hio lifetime n,lniD4nie-sM that weir® sanction by pv-o£ Isws
e-n-aetsd for "s^-^cial, ititerest" by local cjovermifseiit •
It is time for All governfi^at officials that are associated with any
entity of the EPA, to live up to their name-"-"£riyironm^nta3 Protection
he&Yicy, L*t* k«ep fessst Virginia beautiful and do v/aat is right for the
p-eqple cf West Virginia,
1-9
/Mr.
, 21
. r /
I-9
MTMA/F Draft PEIS Public Comment Compendium
A-913
Section A - Citizens
-------
T.J. Chase
Louise Chawla
'} .REG'D JAN2S;
416 Logan Street
Frankfort, KY 40601
August 23,2003
John Forren
U.S.EPA(3BS30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
1 *m writing tgainst the reconwietKlations in (he U.S. government's EtS report on mountaintop
removal for the mining of coal. The report itself documents the great desttuetiveness of this
practice for water quality and forest ecosystems, but none of the three alternatives that it proposes
will reverse this destruction. Instead, they weaken existing regulations, including the important
stream buffer zone. The recomniendrfiOBS can only serve the sSiort-tann interest of (he eoal
industry: not ttie taaedJate and long-term needs of the people of Appalachia for clean water,
sustainable jobs, sustainable development asA secure homes.
For administrators &r removed from the mining, this issue may appear abstract I live a few
blocks from tint Kentucky River, which flows brown from erosion from destructive mining
practices at its headwaters, while the people of Appaiaehia see their tend literally blasted away
beneath them. AppakeWa has the potential for becomteg a national center for Kmrten and
wilderness recreation, but this possibility » being stolen ftom us and all fijture generations.
I urge the E.P.A. to reject the EIS recommendations as a contradiction to the evidence gathered
by its own reports.
Sincerely,
Louise Chawla
1-5
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-914
Section A - Citizens
-------
Lexington Herald Leader
I was appalled to read that the environmental agency is now considering mountain top
removal (strip mining) for coaL
Our country is coining apart at the seams now. Why add insult to injury!
Do those in power realize what (he consequences are, not only now bat also for years to
come to our mountains and the folks that live in those areas.
Homes are destroyed by mud slides and flooding time after time. Nature took care of the
problems of erosion and disasters until the strip mining was done several years ago. It is
taking years to recover and repair what was lost then.
It will not help the economy for the ones that need the help but only line fee pockets of
the big corporations.
Our roads, railroads, education and energy are being neglected, as is everything else in
our own country. We know where the fiinds are going but isn't it lane we took care of
our own?
I am disappointed in our representatives for not making our state a priory and put party
lines on tie b«
-------
Robert Cherry
Arthur Childers
Robert. Cherry
City: Boone
State: NC
Letter Date: 1/11/2004
Zip: 28607-5313
I am writing to you to express my opposition to any changes in regulations that would
weaken environmental protection front monntaintop mining. I reviewed the DEIS on your
website and find that none of the Alternatives provide adequate protection to the people
who live nearby who would be affected by these activities and no alternative would
provide sufficient protection to the impacted biological resources. I am concerned that the
emphasis of the DEIS appears to be to continue mountaintop removals without seriously
considering its impacts. Filling valleys will alter streamflows and wjij endanger those
who live downstream with increased risk of flooding. Ground water is likely to be
contaminated from mining activities and water sources ar* less secure. People who live in
the area need better protection than is provided by the alternatives in this DEIS. As an
aquatic biologist this DEIS glosses over problems to our aquatic resources that result
from spoils being dumped into and filling entire watersheds. The nature of the soils cause
long-term and long-distant negative impacts on aquatic fauna. 1 don't feel that your DEIS
adequately considers endangered species. References that minimize impacts to wildlife
do not adequately differentiate bet-ween common fauna and T&E species. While some
animals may benefit from conversion of forested mountaintops to level grasslands these
species typically are not species that are rare and in need of protection. I am concerned
about the lack of buffer strips from the preferred alternative. Many studies have shown
that loss of streamside buffers have significant environmental impacts. These impacts
include increased sedimentation, increased water temperatures, altered stream flows and
IOK of wildlife habitat. Please add an alternative that adequately addresses the biological
impacts of mountaintop removal. No'ne of the alternatives that are presented in the DEIS
does this and are therefore inadequate. Thank you for your attention to this matter..
1-5
6-6-2
7/1 «^M-«OCa-*>*0&0.ia dZtsiyky **m^L**& .?
1-9
1-10
9/773
MTM/VF Draft PEIS Public Comment Compendium
A-916
Section A - Citizens
-------
Susan Cho
Martin Christ
Mania Christ
•3nchri3f.tflob3.net To:
1-5
flt" ci r;t- "i y «?ji.f orc^d for vs 11 ^y f i 11^ and in all ofi
1-10
MTMA/F Draft PEIS Pubtic Comment Compendium
A-917
Section A - Citizens
-------
Jerry Ciolino
Matthew Cleveland
l.com"
— - Forwarded by Dmid Rider/R3/USEPA/US on 01/08/2004 01:59 PM -----
To; RJ Mountaintop@EPA
Subject: Please Stop Destructive Mountaintop
Removal Mining
01/06/200408:21
PM
— Forwarded by David K«fer/R3/USBPA/US en 01/07/2004 03:42 PM - —
s.com"
-------
John & Tammy Cline
Sister Mary Brigid Clingman
DeliveredDate: 01/04/2004 03:41:04 PM
We are opposed to mountaintop removal. The short-term gain is not worth, the certain
and potential environmental consequences.
John & Tammy Cline
1-9
- Forwnded by David Ridei/R-t/USEPA/liS on 01/08/2(104 01:58 PM
"mbcliagman@grdomi
nica»s,orgfr To: R3 Moyntaistop^BPA
•^tnbclingman cc:
Subject: Mease Stop Destructive Mountaintop Removal Mining
01/06/200404:24
PM
Dear Mr, Joha Forr^a, Project Manager,
1 am the Councilor for Mission and Advocacy of OK Grand Rjpids Dominican Sisters, Wo hav
-------
Jerry Coalgate
In addition, since the world belongs to all, decisions about the world's use must be determined
by a concern for the common good of the whole human family. Pope Mm Paul II joining his
voice with & growing chorus of ethical people throughout the world proclaims fhc right to a safe
environment must eventually be included in an updated U.N. Chatter of Human Rights. That
your "Prayer on » Mountain" takes place on December
10, International Human Rights Day, symbolically connects the respect for the earth with the
protection of our human community.
We pray that society will produce its twcesstry goods and services without destroying God's gift
of creation. Unfortunately, the practice of economics frequently exploits both the land and the
workers in ft nigh for quick profits. Society must reject the false dichotomy of jobs versus the
environment and creatively find ways allowing workers to earn their Irwiihoods white respecting
creation. May God shed blessings on you as you pray for the restoration of creation and tbs tiplifl
of your communities.
Yours in Christ Jesus,
Thomas C. Kelly, O.P., Archbishop of Louisville
John J. McRaith, Bisthop of Owensboro
Roger J. Foys, Bishop of Covington
Reverend Robert J, Nieberding, Lexington Administrator
Joining my brothers I would urge you to drop plans to make it easier for mining companies to
engage in mountaintop removal and to instead limit the harmftil effects of this devastating
practice.
Sincerely,
Sister Mary Brigid Clingitwn OP
Dominican Sisters, Grand Rapids MI
Sister M»ry Brigid Clingman OP
2025 E. Fulton
Grand Rapids, MI 49503-3895
mbclingmatt@grdorninicans.org
f
i
REC'D KG 23:
December 13, 2003
Mr. John Forren
Region 3
U. S, Environmental Protection Agency
16SO Arch Street
Philadelphia, PA 1 91 03-2029
R£F: Draft Mourttatntop Mining Environmental Impact Statement
I'm writing as a professional environmental scientist, who grew up In West Vifflnla, and a former
employee of tfie U. S, Bureau flf Mines (now defunct) "Who has seen moimtatntop mining first hand
and therefore knows the devastation of the environment they represent. As a result, I am deeply
concerned regarding Bush administration plans to continue to let coal companies negatively impact
and possibly destroy Appaladrfa with mining practices that level mountaintops, wtp* out forests
and bury streams In the vaBeys below.
As I understand It, the draft Environmental Impact Statement (EiS) dearly Indicates the
environments! effects of mountslfitop removal coal tnlntng are devastating and permanent. Yet the
draft EIS proposes no restrictions on the st» of valley flits that bury streams; no limits MI the
number of acres ®f forest that can b® destroyed; no safeguards f or ir&perfted wUdllf e; and nd
saf«guards 'Sir the'oHfiniunKtes lhat *p«d on the region's natural wsources.
RemaHtabty, 1t appears the draft EIS states preferred alternative for addressing the enormous
problems caused by mountalntop removal coal mining Is to weaken existing environmental
protections. The draft CIS proposes streamlining the permitting process, allowing mountaintop
removal and associated valley fills to continue at an accelerated rate. The draft EIS also suggests
doing away with a surface mining role that makes it illegal for mining activities to disturb areas
within 100 feet of streams unless It can be proven that streams will not be harmed.
Instead of allowing mountaintop removal to continue unabated and even get worse, I strongly urge
you to finalize the BS by sateetlng atterativefs) which dearly and effectively reduces the
environmental impacts of mountaintop removal and which requires Irnplementatlort of those
measures needed to protect natural resources and communities in Appatachia. In particular, I urge
you to select an atternatlve{s) which provide for restrictions on the size of valley fiils In order to
reduce stream and forast loss. These alternatives must be evaluated far individual projects as well
as regionally so that the cumulative Impact of the destruction caused by mountaintop removal Is
1-5
1-10
1-7
.Coal?
6588 Medinah I
Alexandria, Viroinia 21311
MTM/VF Draft PEIS Public Comment Compendium
A-920
Section A - Citizens
-------
Marlene Cole
Forwarded by David Rider/R.VUSEPAAJS on 01/09/2004 03:54 PM
R3 MountaiBtop@EPA
Subject: Mountaintop Coal Mining - Drat BIS
rnbco]e@crs«L nrtg
ers.edu To:
ec:
01/06/200404:0?
PM
Project Manager John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Project Manager Forren,
I have t master's degree in Forest Science from Yale University and a PhD in Ecology from
Rutgers University. For many reasons, 1 find mountaintop coal mining objectionable. The
method destroys the local, native, endemic habitat of the actual inountaintep. This loss alone
deprives us forever of the high elevation, and often relict ecological community. But, as there
is no place to go from a mountain but downhill, it also has devastating effects far downstream oa
water quality, habitat quality, and quality of life for the people living in the former shadows of
the mountain.
I have colleagues who have studied the ecological effects of mountaintop coal mining in
Appalaehit, The take home message from our current knowledge in ecology and the emerging
applied subdiscipline of restoration ecology is that tiKHtntaintop coal mining is ecologically
eKtremely harsh and that we cannot return such a site to predisturbauce conditions. It eliminates
headwater stream*, which are sometimes ephemeral and intermittent (ecologically critical!),
essential habitat for numerous invertebrates and their ecological communities. We cannot
thoroughly restore Ihese sites to have (he same physical, chemical, biological, ecological and
fiiflctional qualities to pre-mining.
According to the administration's draft Environmental Impact Statement (EIS) on mouotMntop
removal coal mining, the environmental effects of rrtount&intop removal are widespread,
devastating, aod pemwnent. Yet the draft EIS proposes no restrictions on the size of valley fills
that bury streams, no limits on the number of acres of forest that can be destroyed, no protections
for imperiled wildlife, and no safeguards for the communities of people that depend oa the
region's natural resources for themselves and future generations.
Remarkably, the Bush administration's "preferred alternative" for addressing the enormous
problems caused by mountaintop removal eoal mining is to weaken existing environmental
protections. The draft EIS proposes streamlining the permitting process, allowing mountaintop
removal and associated valley fills to continue at a,i3 accelerated rate. The draft EIS also
suggests doing away with a. surface Mining rule that makes it illegal ft»r mining activities to
disturb areas within 100 feet of streams unless it can be proven that steams will not be
1-9
1-5
1-10
harmed. This "preferred alternative" ignores the administration's own studies detailing the
devastation eatn«4 by meuntiiatop removal coal mining, iaekidiag;
• over 1200 miles of streams hive been damaged or destroyed by mountaintop removal
• direct impacts to streams would be gr«»tly lessened by reducing the size of the valley fills
where milling wastes are dumped on top of streams
- the total of past, present and estimated ftttute forest losses is 1.4 million acres
- forest losses in. West Virginia have the potential of directly impacting as many as 244
vertebrate wildlife species
- even if hardwood forests can be reestablished in mined areas, which is anproven and unlikely,
there will be » dwstkatly different ecosystem from pre-miaing forest conditions- for
generations, if not thousands of years
- without new limits on mountaintop removal, an additional 3SO square miles of mountains,
streams, and forests will be flattened and destroyed by niountaintep removal mining
The Bush administration's "preferred alternative" ignores these and hundreds of other scientific
facts contained in the EIS stadia*. IB light of these facts, the Bush tutatiaistffitiott must consider
alternatives that .reduce the envirowttientiil impacts of moiMitaintop removal and then implement
measures to protect natural resources and communities in Appalachia, such as restrictions on the
size of valley fills to reduce (he destruction of streams, forests, wildlife and communities.
Thank you tor your time.
Sincerely,
Marlene Cole
258 Massachusetts Ave.
#4
Arlington, Massachusetts 02474
Senator Edwwrd Kennedy
Senator John Kerry
Passidett George W. BuA
Vice President Richard Cheney
tative Bdward Mark©y
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-921
Section A - Citizens
-------
Marian Colette
Michael Compton
.._ forwarded by David Ridar/FO/'JSEPA/US on 11/20/2003 02:5'? PK
Delivered Date: 01/06/2004 11:59:45 AM
As a resident of the mountains in fiastera Kentucky, I an writing to express my anger
and frusiration with the way the EPA under the Bash administration has handled this
issue. I oppose all mountain toOp removal and stream fill* because of there impact of the
liyes of residents in the area mS because of the negative impact on the .region. i» terms of
the "tourist attraction value" of our region. We are working with em: Cpngtesstnaa Hal
Roger* to both clean up the trash in the area through his Project Pride
Program andto attract visitors through the Southern and Eastern Kentucky Totirisrn
Development Association—also a project of our Congressman. No one wants to liwin an
area torn up by bulldozers with filled in astreatns and ruined water supplies-- who would
want to visit there?!
Sincerely-Marian Colette, Box 3, Eralyns Kentucky 40730
1-9
11-7-2
Michael Compton
-------
James Conroy
'i!-our draft EIS contains irtdisputable evidence of ths d^vastatitiy aftd
irreversible
^rsvi rorymenf-.#l bars* ooufs^d by rnounhait'top Min.inct, Other agency studies
also allow
that mount si in top aiining contributes to floo^iu-q disasters in mcuntain
co&wjn 1 ties,
Unfortunately, each of the alcernai.iverf in Lbe d-^afL EIS ignore^ Lhe
findings
of t'rmsc* studies and the very purpose; of the- ETS- to fi^d ways to
"mils imiae, to
tfc-e isaxiffiufti sKtfeftt practical, tJie environmentai coas^^uencsa of
mo: \ n ta i n top IP i n i ng.
The draft EIS dc*ss not examine a Mingle alternative that would seduce
Worse, ycwjr "preferr^d alternative" would clearly increase the da-m^ge
from mouataint-op
fiiinioy by elindo^tiny the Surface Mining C-ontrol add Reclai^atiwri Act's
buffer
soht^ r'il-a that prchibi.tjs i^ining actlvi tien that dj st.urb ©ny nrsa within
100 feet
of larger streams, eliminating the current limit on tising nationwide
permits to
approve valIsy ill 1^ ta Wegt Vityinia uhat are laryer than 250 a-cre®,
and giving
tho Office Gf Surface Mining a significant new role in Clean Water Act
pert&ittinq
for ruc-^fi tain top sniaing (a rcle it do-es not have under current 1-aw) .
Our erivironms-ntsl laws Ke<^iire, and t.h& citizens of the region deserve,
a full
syaluat,iOfj of ^^sys to rsduc© the unacceptable impacts of !$0untain-top
rji t n i ng.
I urge you to abandon your ^preferr^-d alternative** -and to reey-aluate a
full range
of opt ions that wi 11 sninind ZB the enorroouB e-nviroasiffiHtal and sco-n-oirdc
damage caused
by laountaintop rrdning and valley fills.
Thank you for your consideration.
Sincerely,
1-5
4-2
— Forwwded % David Rifa/R3/USEPA/US on 01/08/2004 01:59 PM
Conroy HS@aol,com
To: R3 MoiMit«intop@EPA
12/22/2003 06:18 cc:
AM Subject: Comments OB draft programmatic EIS on
mountain top removal coal mining
Mr. John Porrcn
U.S.'EPA(3EA30)
1650 Arch Street
Philadelphia, PA 19103
Oeat Mr. Forren,
Can we look ahead, to a time when our current practices will
hurt our cMklsens future?
I find it uncotiicionable that the Bush administration plans to
continue to let coal companies destroy Appajachia with owning i _A
practices that level moiuitaintops, wipe ovt forests, bury
streams, and destroy communities.
We are not all "eiiwoniaeatel nuts.." Mainsteatu America is seeing
the damage and will take action with votes.
Sincerely,
jgtnes Conroy
322 Madison Ct.
Btick, New Jersey 08724
Senator Frank Lauteobetg
Representative Christopher Smith
Senator Jon Conine
MTM/VF Draft PEIS Public Comment Compendium
A-923
Section A - C/f/zens
-------
Peggy Conroy
David Cooper
- — Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM - —
.org To: R3 MountaintopC^EPA
cc:
01/01/200409:26 Subject: mountain top removal for coat mining
AM
Please respond to
gilletlb
Sir:
This is one of the more miserable policies of an adminiastraiion which
is a miserable failure on every environmental policy it has put forward,
It should be subducted immediately, not lOOmy years from now,
A voter who always votes,
Peggy Conroy
West Chszy, NY
1-9
m . L3£-r» :D *r. 282m
Ang 15, 2003
Mr. John Fotrea
U.S, Bawotaaeirtal Protection Agency (3BS30)
1650 Ar* Street
FMkdefcMa, PA 19103
DMT Mr. taaeo;
As « resident of Lexington, in eastern Kentucky, I have watched the rnountaintop
removul contTX)\-ersy with great interest. It's hard to believe the scale of destruction that
is going on with our beautiful mountainK. 1 have met with coalfield residents many times,
eg>«M|yai«tt«coalsl!aiydlga««iaM»rttoCoin«y,KfiBtttd{y, that w» causal by
1 have talced with people whose water wells have been destroyed, whose foundations
have beta cracked, who have had to sue coal companies for dust from preparation plants,
whose children go to bed at night with their clothes on when it rains, for fear of flooding.
It seems to me we are destroying the future economy of the region. Clean water will be
as important to future generations as oil is today. The water wars are CMining, as has been
predicted by Forturis and other business magazines. Tins is why we see mufti-national
conglomerate corporations like RWE, Vivendi, and Suez swallowing up American water
companies like American Water Works of Vorhis, NJ. These big companies know that
the potential profits are huge in the future for those with a monopoly on a reliable source
of clean water.
We have clean water in abundance here in Appahchia, and it can be our future economic
salvation. Or we can bury our mountain streams underneath mining waste, and
contaminate our free-flowing Appalachian streams with blackwater spills and toxic
runoff from mountajntop removal sites.
It's teu-d to believe that the Bush adrninistration, which prides itself on beiiig so industry-
friendly, can be GO short-sighted as to destroy, permanently, one of our greatest economic
and natural resources: clean water. More than 1 ,200 miles of our headwater streams have
been buried or destroyed by valley fills.
But that's only the beginning of the economic stupidity. Mountaintop removal also
destroys valuable hardwood forests, and has already had a negative impact on the timber
industry in West Virginia. Ataost 7 parcent of our forests have been -or wiU soon be -
leveled by mountaintop removal. West Virginia Division of Forestry Director Bill Msxey
quit his job in protest of mo utitaintop removal. That's jobs being tost:
Flooding in Appalachian communities is increasingly common and severe. Who pays?
PEMA - ie. the twqjayw! , .And taneo-wnera* insurance goes tip every ttoe there is
another disaster. The coal companies externalize their costs onto the pubh'c.
16-3-2
5-5-2
11-6-2
17-3-2
MTMA/F Draft PE1S Public Comment Compendium
A-924
Section A - Citizens
-------
It doesn't bow to be this way. There axe laws on Use books to protect clean water, public
safety and the environment. It is periectly clear that mountaintop removal and valley iiills
are a violation of fl» federal Clean Water Aot and the Surface Mining Control and
Reclamation Act. These practices should be banned. The coal industry most not be
allowed to destroy our homeland.
The draft BBviromaetaal Ifflpaet Statement oa .motmtetolop rea»wl aad valley fills is a
dangerous gift ftotn the Busk administration to the eoal fatastty. Instead of
coal companies to level oiir mouBtains, burj'our streams, and wreck our homelatjd. ITiis
is shameful and wrong.
I know first hand the terrible impacts of mountaintop removal and valley fills. I also
believe we can build a better firtnre for eastern Kentucky. We can have clean streams and
ahealthy forest and restore our quality of life. We can create good jobs for our people
that don't wreck the environment. And we have to start down a different road now.
Take a .stand. Enforce the law. Ban mountaintop removal and valley fills. Stop the coal
mdaslry from destroymg evci^tiung trjat we value most. Sfeut rriaking choices that will
benefit our children and yours.
SittcSrely,
Davjti S. (
60S Aim a.
Lexington KY 40505
1-9
— Fotwwifed by David Rider/iMJSEPMJS on 01/09/2004 02:49 PM -—
A
oo.eorrt To: R3 Mountwntop@EPA
cc:
12/31/200312:19 Subject; Comffiejits on draft programmatic EIS on
mouBtaintop removal coal ruining
PM
Mr. John Forren
V.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr, Forrem,
In regard to the Environmental Impact Statement for mountaintop removal mining. I am strongly
opposed to this form of mining. It destroys and contaminates the drinking water supply for
millions of people downstream on the Ohio River, the Cumberland River and the Tennessee
River with heavy rnet»ls aad mining sediments.
It buries streams under tons of rniitittg rubble, eliminating all forms of life in the stream.
Mt top removal (MTR) cantribtttes to flash flooding which has killed 10 West Virginians in the
past two years, aid destroyed 4,000 homes aad nearly wiped out several communitiei.
MTR IMS & very strong adverse impact oa the communities, people, environment and wildlife of
Appalaehia, the scope of th© devastation is practically wnpreceud^nted.
The forests that are obliterated are some of the most productive and biodiverse hardwood forests
in the world (tfce Haxed-nseijtjphytie fawsts of Apprtiebia). When the coal companies are done
with their reclamation, all that is left is » grassy filed- a biological duett
I find it ancomscionable that the Bush administration plan* to continue to let coal companies
destroy Appalachia with mining practices that level rao»»t»intops, wipe out forests, bury
streams, and destroy communities.
According to the administration's draft EwhonmenteJ Impact Statement (EIS) on mountetetop
removal coal miming, ths environmental effects of wouutaintop removal are widespread,
devigtMing, «d permanent. Yet the draft EIS p»po«es no restrietionp en the size of valley fills
that bury strewns, no limits on the number of tens* of forest that cm, be destroyed, no protections
for imperiled wildlife, and no safeguards for the eommunities of people that depend on the
region's natural resources ibr themselves and future generations.
Remotkably, the Bush admiiMstretion's "prefert«l slteoative1' for addressing the enormous
problems caused by mouatoitttep removal coal mining is to weaken existing environmental
1-9
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-925
Section A - Citizens
-------
KennonCopeland
protections. The drmfl EIS proposes slreamlmirig the permitting process, allowing „„„,,„»,
removal and associated v&lUy fills to contino* at m aoeetswtod tuts. Tie
-------
RubyCorbin
Jennifer Cox
/5/A
1-10
r Cox
20030 Weybridge #202
Qfcmon T*p, MI 48036
' 3aimaty 12,2(^4
1650 Atdi 3tMM
, PA i
Re: Moasiainl0|) Itfi^ovai Miaisg
I am wrltbg to t«ll yo« tfeat 1 oppead oa
natural r
rfiK»swil to cetifiiaie umbawd ami cvea ia«was«} i&e Bash adcaiaistraddn must
faAapft:fti ,iap^(«tt^mfetl aM quality of Kfc impacts of fflQuatoii^f removal aadJbfll
to protect aateral issoitfces tad coauaimllics in. Ap^aiaebia, Alternatives mast be
as waS M fsgiosally so tfest &» curaiilafivi? impact of $& de?tryct|os caus&J by
Instesd of ailowigg
domafntop nsaovai is
ecoiimge your ateBtioa to tbese efforts,
1-7
10-4-2
9-2-2
Tlttakyotl,
MTIWVF Draft PEIS Public Comment Compendium
A-927
Section A - Citizens
-------
John Cox
Forwarded by David Rider/R3/iJSE?A/US OB 0-1/12/20C4 02i47 1M
Moimta i ntopfEPA
ft EIS on mountain top removal cossl mining
Ol/Ob/2'394 10:3*
AM
cc;
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t t T * r ?- fit- j *n«-n,i t-n ELBA'S i*t *-m WK***1
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1-9
MTMA/F Draft PEIS Public Comment Compendium
A-928
Section A - Citizens
-------
James Crabb
RyanCrehan
Mr. Jolm Forrea
US E&virossasrri&t Proteetioa Agency
1650 Arch St
PMlmMpMa, PA 19103
•0
I have lived in a slate where Mountain Top Removal occurs. The coal mdustry promises
flit, redaimablc land for industry and other uses. I have visited removal sites, both by
!<>ot and by plane. The promise of flat land is tru: and has been delivered in tremcndtus
quaiitity. The promise of reclaimabk is false. Only where the industry pours money into
tie sfte does nwteaatton appear to work. Whore the coal industry does only vrfjjrf ftetaw
requires, it is ofevious tfa^ reclamation is a fi^iiire mid the rocky bsrreos remaining wHl
only be reclaimed through time by nature.
Kentucky to beea granted ftousonds of acres of flat tarf by fee ooai corapanB*. but
tee has been NO influx of iadortty ar j<*». tetead tee seems to hare been a decline
in both.
Ths water quality ta the hollows bring filled to make flat land mua be dismal became die
life that should be in those streams is not there. Pollutants released by the breaking and
rearranging of the rocks and silts from tin dozing of the forests and soUs fill die streams
and grolmil walcr. Stream life and native Kentuckians suffer.
tie people lose tleir land, their water, their pride in being mountain people, and any
future hope of building tourist industries.
The rich get deter and the pex* get poorer. Rejtaeky witt t* fc* wtth -my tttfe ««e flie
coal industry it tlirougli.
Please stop Mouuteia Tap Removal now.
lames Cat*
..*~A
•ml*.
1-9
-•fa.
f*^-> /»
ia
/f &**i..KT, -JfrfaS;
1-10
1-10
MTMA/F Draft PEIS Public Comment Compendium
A-929
Section A - Citizens
-------
Kathy Cross
April & Jeff Crowe
Forwarded by David Ridet/R3/USEPA/US on 08/28/03 05:06 PM
Kathy Cross
cc:
Subject:
08/28/03 03:30 PM
(REC'D :iz'
OBLJQ/
Dear Mr. FOTKHJ,
I feel that the conclusions of the Environmental Impact Statement on rnountaiatep
removal are totaly at odds with the findings of the statement. The statement finds
that rnountaititop removal coal mining severely damages the watersheds it albas so
significantly. Increased runoff and siltfttton arc created, contributing to our recent
bouts of flooding in West Virginia, The conclusion should not be to streamline the
permitting process, it should be to stop mountaintop removal coal mining.
\Sincerely
Kathy Cross
1-9
is "type. oP rwfi/f>Q.:,.
1-9
MTMA/F Draft PEIS Puttie Comment Compendium
A-930
Section A - Citizens
-------
Kate Cunningham
Marilyne Cuonzo
Juno E-«nafl for kate.cnjmtoghaas^iaio.com printed on Monday, December 29,2003,10:40 AM
Prams
To:
Date Mon, 28 OecafiB 1020:06 -OSOO
Subject cofftmarw on "buffer zone" rule
Mr. John Fortes
US EPA (3BS30)
1650 Arch Sfmt
PMWelpfaia, PA 19103
DearSir
Re: Proposal to eliminate required buffer •/.one.ptotecticg streams from coal mining
I ma swwe Bat the US EPA has made a finding in meat yeas, tat the juariw o» esae of steam
degradation m Kentucky is siltation. Kentucky has more "coastline," includjng streamsides and lakesides, than
any other state in file 48 slates.
Mountain top removal coal mining has caused incalculable damage to streams in West Virginia and Kentucky.
As a native Kenruckian, 1 must protest this proposal to eliminate the mtAger protection-which V.T; now have for
(MrstreanisiaflieEaslaBaadWesttsiicoaffieilsrfKentndty. Pushing momitaiitfops owr to ffll in hollers
and «:c!uds stream sources is simply large scale "iKStfoding1'that has already come back to tuumt us, with
silted up streams, buried stream somces, potable water shortages, and attendant loss of \vildlifs and human
habitat
I am extremely disappointral that the US EPA, which should be a leader for the pianet, is now considering the
ptospectof weakening, rather than strcngtiieliing, protections for clean water and the environrnent in general.
~ " .
8606 Whipps Bead Road
502339-1381
lofl
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-931
Section A - Citizens
-------
Janet Dales
MickDaugherty
—- Forwarded by David rtider/R3/USEPA/US on 01/07/200403:32 PM
"jsmnetnet@\*ahoo.
com"
-------
Bongo Dave
— Forwarded by David Rider/R3/USEPA/US on 01/06/2004 03:55 PM —
bongo dave
oo:
Subject: Comments on draft EIS on mounlairtop removal mining
Q1O2GQ04 02:36
PM
January 2, 2004
Mr. John Forren
U.S. Environmental Protection Agency
1850 Arch Straet
Philadelphia, PA 19103
Dear John Forren,
I am upset to learn that the Bush administration plans to oontinue to
let ooal companies destroy Appalaohia wtfrt mining practices that level
mountainteps, wipe out forests, bury streams, and destroy communities.
According to the administration's draft Environmental Impact
StetomentfEIS) on rnourtaintop removal coil mining, the environmental
effects of mountaintop removal are widaspreid, devastating, and
permanent. Yet the draft EIS proposes no restrictions on the size of
valley fills that bury streams, no flmte on the number of acres of
forest that can be destroyed, no protections tor imperiled wildlife, and
no safeguards for the communities of people {hit depend on the region's
natural resources for themselves and future generations.
The Bush administration's "preferred alternative" for addressing the
problems caused by mountaintop removal coal mining is to weaken existing
environmental protections. Thi$ "preferred alternative" Ignores the
administration's own studies detailing the devastation caused by
mountaintop removal coal mining, Including:
- over 1200 miles of streams have been damaged or destroyed by
mounteintop removal;
- forest tosses in West Virginia have the potential of directly
impacting as many as 244 vertebrate wildlife species;
- Without new limits on mourtatntop removal, an additional 350 square
miles of mountains, streams, and forests wilt be flattened and destroyed
by mountaWop removal mining.
In light of these facts, I urge you to consider alternatives that reduce
the environmental impacts of mountaintop removal. Thank you
for your consideration of this important issue.
1-5
1-10
We need to get away from instant gratification thinking. Let's Open up
to something new, fresh, and renewable. The energy is already
'naturally' there begging to be used this way Let1 a give it a try.
I believe if our leaders... along with tha rest of the world would quickly
read and or listen to these books and tapes* listed below, we would have
a chance to get thru all Ms, swiftly and with as tittle grief as
possible and may create a tot of good friends on the way. .though I
don't think Saddam Hussein would be motivated to change. . I believe he
is... our motivation... to change..
! never read so much and so fast in my life. And I now, have learned
the difference between Religion and being Spiritual, and better, r»w the
two can compliment each other, yet, not be the same thing
yore importantly, why it is so imperative that we seek to find this
difference very soon.., there are more reasons here than we thought. And
it is really so easy to understand, the way these authors express these
Universal Ideas and differences.
If you are a seeker.,
This may help you or a friend find some new angles, from these Angels.
1) MANIFEST YOUR DESTINY [and othersj Tapes or book by Wayne Dyer
2] ' GARY ZUKAV'S book - SOUL STORIES, SEAT OF THE SOUL -Tapes or book
3] Or you could Listen to these audio tapes first. They may be the
fastest. THE NEW REVELATION9-BY NEIL DON ALD WALSCH along with his
Friendship with God or Communion with God series or CONVERSATIONS WITH
GOD
4] THE STARSEEO TRANSMISSIONS. THE THIRD MILLENIUM; RETURN OF THE BIRD
TRIBE by KEN CAREY (listen to the others first, then these]
5] "* HEALING THE SOUL OF AMERICA and/or EVERYDAY GRACE by MARIANNE
WILLIAMSON
6} THE BOOK OF CO-CREATION THE REVELATION' our crisis is a birth-
BARBARA MARX HUBBARD
7) SCIENCE OF MIND - This was actually my first introduction to all of
these books, tapes and spouse And the real conscious beginning to my
life's purpose or quest Please check out thalr small booklet,
published monthly, tost has continued the studies started by EARNEST
HOLMES (thisisNOT to be confused with sciertology ... wrichwe
know nothing about, w we can not advise one way or another about that
please ..nooffersetoanyone.)
This is also the way my life partner and I met .. at a
Creative Life Drum Circle Thru Reverend Or Jesse Jennings He is the
minister of the Creative Life Spiritual Center of Houston. TX He also
has an article monthly in this periodical And it is a very good
read.. and is very interesting as he answers some of the most "
tough' questions about the spiritual practice we all go ihru in our
everyday livss and he has a knack of making it alt funt And is welt
worth the time checking him out By reading the periodical called
SCIENCE OF MIND-change your thinking change your life, a philosophy a
faith, a way of life. Can be ordered online at scienceofmind.com or
call 800-247-6463 or check a local bookstore or library.
8] *** www numanltie»tearn.com or hurnarttysteam com - or look up Neil
Donald Walsch, which you can check this out now And actually help now.
MTM/VF Draft PEIS Public Comment Compendium
A-933
Section A - Citizens
-------
9] THE LAST HOURS OF ANCIENT SUNLIGHT- THOM HARTMAN - Rachel my
spouse, read this, and recommends ft I have not read it yet Though she
had introduced me to all the others., must be good. She has recommended
that I Include It here
10] Carolyn My«s -Listen to anything by her, Le ENERGY ANATOMY,
ANATOMY OF THE SPIRIT. SACRED CONTRACTS; or 'YOUR PRIMAL NATURE'
11]*** The DEAD SEA SCROLLS by GREGG BRADEN
12] 'JUMP TIME' by Jean Houston Ph.D.
13] 'YOUR PRIMAL NATURE' by CAROLYN MYSS
We need to become more a more 'all inclusive'... and less
'separatists' as a society maybe I am wrong. . I have been
before., though I personally, at this time.. feel..
Instead of just saying 'God Bless America" We need to think a little
deeper and perhaps say" GOO BLESS US ALL' Or "GOD BLESS OUR WORLD or
God Bless our Earth' Or "GOD BLESS OUR UNIVERSE l.
Otherwise our image comes through as if are coming from a separatists
fear base [as opposed to a love base), as if there is not enough
GOD/LOVE TO GO AROUND to bless., everyone let alone a whole other
country
IT MUST SEEM LIKE A NEGATIVE REMARK TO EVERYONE ELSE WHO IS NOT
INCLUDED IN THIS "God Blew America" 'PRIVATE CLUB1
We need to start accentuating the things we all have in
common,..starting with tie 'EARTH . Though that would seem
logical yet it also seems that we need a constant reminder of
this .perhaps w« could Fly a FRESH NEW FLAG 'under' each countries
flag. And the only requirement to fly this fteg... would be you have to
belong to the Earth Or even more inclusive . the universe
The add-on flag could simply have a picture of the EARTH on it Perhaps
with the word 'ONE' or "We are all one* .or' We're all in this
together" something more all inclusive across Hie front of it, as a
constant reminder that all what'one does now .affects us
all especially now that the world seems much 'smaller' these days
'We are., now. all in the same- boaf Perhaps even add an image of a
boat to the flag to help remind us to.." Let's not rock if as the
saying goes Better yet let's start fixing the holes we have put in
it and start treating each other the way we would lite to be
treated and we all will have much more fun sailing with a much
smoother ride, with less tension. Then we can all be rested and prepared
to work together and get this place back to the more original plan the
creator had probably intended for us and the Earth
The sale of this flag could help repair the earth and each other From
the damage we ALL did.
Please read Healing the soul of America and listen to Neale Donald
Walsch- They can be checked out from the library These tapes seem to be
saying everything we all have been trying to say anyhow, but without
knowing how to put the words together, especially without all the dogma
involved. And they have the potential to help us help others . if, or
when, they ask for help and you will know more what to say... or some
things to refer seekers to Peopleknowingofthesemodalties... CANsave
our world, as we now know it
Most of all,. these authors admit that these messages are not the only
way. "Just another way"
And even better not everyone needs to even have read all of these to
make a difference in the collective conscious of the planet It has been
discovered that ft only takes 10% of a population to effect a knowing in
the rest [The hundredth monkey effect] or read/listen to the LOST DEAD
SEA SCROLLS for more info on this.
All in all, we must remember that
THE EARTH DOES NOT BELONG TO US .WE BELONG TO THE EARTH. Chief
Seattle.
And Humans are not the only ones on the Earth we just act like it.
These two sayings, simply put.. .seem to help us bring things back to
perspective swiftly.
Please w^tch the new Dennis Kucinch film, about how eleciabte he is and
how he talks about being a long shot., I just did. And I cried
..deeply... We do need a long-shot., it may be the only thing that can
get us back on track .being thte fir off.
Also I noticed that Marianne Williamson, Neil Donald Watson and Ed Asner
and many many others are now endorsing DJ [Dennis John] ...Ed Asner,
ooinoidently, is one of the readers for the CONVERSATION WITH GOD SERIES
written by Neil Donald Walsch. Please don't think that Nells book and
tapes are full of dogma they are more like common sense, .actually going
thru Ns material, is mar© Hk© re-membsfing. than learning anything
knew. This Is a eoltaetion of things we already know,.. but somehow have
forgotten, .yet oddly as we re-dtscovec this information .we feel, very
profound, while re-connecting with all this
They are like no other book or {apes that I have ever read or heard
And this series along with Marianne Williamsons, Carolyn Myss, Gary
Zukav and Wayne Dyer may have the potential for so much healing, on such
a grand scate, for everyone... that makes these best sellers. Arid must
reads...why tiiey dont use these in schools is almost ridicules...it has
the potential to avert grtef ..almost immediately. And I dont consider
it any more religious than teaching a psychology class
It is not the only way. just another way.
Good Happens
Love Shalt Prevail
Sincerely,
bongo dave
8980 Steams Rd
Qtmsted Fairs, OH 44138
USA
MTM/VF Draft PEIS Public Comment Compendium
A-934
Section A - Citizens
-------
Eric Davis
William Dawson
REC'D UOV 1 82U9
12 November 2003
Mr, John Fonren
U.S. EPA (3EA30)
1650 Arch St.
Philadelphia, PA 19103
Dear Mr. Forren,
I was disappointed with the DEIS. It seems that the public's resources such as clean
water, headwater streams, and animals are not adequately compensated by the coal
companies. The coal companies are allowed to profit at the public's toss of trust
resources. Wliat wejieed- are stronger laws protecting trust resources, not weaker ones. 1
understand America hss a security interest in energy; however, the coite are unfairly
distributed to Appalachia.
Mountaintop-removal mining and valley fifls are devastating the Appalachian
environment and its unique culture. These practices bury important headwater steams,
destroy biologically rich forest ecosystems, damage drinking-water sources used by
millions of people, cause frequent and severe flooding, and wreck the quality of life in
mountain communities.
I do not support Alternative 1,2, or 3 as described k the draft BtS report. None of these
options wjD protect Appalachian forests, water, or communities, fa particular, I oppose
the proposal to eliminate the stream buffer-zone rule that prohibits mining activity within
100 feet of streams. This rule should be strictly enforced for valley fiBs and in all other
cases. The coal industry must be regulated, and their take of pubic resources must be
where the regulation begins.
Leveling mountains and burying streams is wrong and must stop.
Sincerely,
J.Eric Davis Jr.
10-8-3
1-9
1-5
- Forwotded by Davkl&der/WUSBPA/US on 01/09/2004 02:51 PM
wilHam dawsofj
< redsprucerolfittg To: R5 Mounta.intop@EPA
@ whoo.corn > cc:
Subject: Comments on draft EIS on mountaintop removal mining
01/06/200403^3
AM
January 6, 2004
Mr. John Forren
U.S. Environmental Protection Agency
165Q Arch Street
Philadelphia, PA 19KB
Dear John Forren,,
i am & resident of appoiachia and Ive the land where i live, it is foil
of natural richness and « such has been exploited for too long, at its
own expense, and also that of the country, i real! yd&nt know if it is
worth tellmg you how di$gu$tmg the mouiatritop removal *s from an
ecological and aesthetic s&tdpomt i am convinced nobody m the bush
admmislrboii knows anything about science at all, conveniently
di&rnisifig the natural reality of cause and effect "when their plans are
at slake, do you all case about your dbildre? J care about mine and want
them to Eve in a clean And environmentally safe world, as jwnericans we
haw the most natut&fy beautiful, diverse and fertile land in the
world, yet we tmke it for granted and wen with scorn, this saddens me
ftom fin administration so intent on "making us safe" from all kinds of
human agencies, but then ignoring or dishonestly denying die dangers
posed from environmental contamination, all our public water should be
safe at least |x> eat the fish from,, but dumping' exessive amounts of mine
spoil into the headwaters of our major rivers would certainly not make
me feel safe eating fish downstream, i feel like i*m wasting my time
with this because your administration has yet to demonstrate concern for
out" natural heritage or its future, sad^ Tery sad, dont pkn on getting
my vote, william dawson, marlinto,, wv,
I arn upset to learn that the Bush administration pkns to continue to
let coal companies destroy AppaJachk with mining practices that level
mountain top s, wipe out forests, bury streams, and destroy communities,
According to the adm tmstfation's dmft Environmental Impact
Statement(EIS) on mountamtop removal coal mining, the environmental
effects of mpimtaititop removal are widespread, devastating, and
permanent Yet the daft EIS proposes no restrictions on the si&e oi
valley fills thai bury streams, no limits on the number of acres of
1-9
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-935
Section A - Citizens
-------
Elmer & Angela Dobson
forest, that can be destroyed, no protections for imperiled wildlife, and
no safeguards for the communities of people that depend on tbe region's
i'iatuna1 resources for themselves «rsd fi.iti.irt generations,
The Bush administration's "preferred alternative" for addressing the
problems caused by mountamtop removal coal mining is to weaken existing
environmental protections, This "preferred ftltematih?e" ignores the
administration's own studies detailing the devastation caused by
mounfeuntop removal coal mkwng, including:
- over 1200 miles of streams have been damaged or destroyed by
motintamtDp removal;
- forest losses in West Virginia haw the potential of directly
impacting as many as 244 vertebrate wildlife species;
- Without new limits cm inounUuntop rm>oval, aii ia.ddit.iom! 350 square
miles of motmtams, streams, and forests will be Battened and destroyed
by mountain top removal mining,
In Ijghf of these facts, 1 urge you to consider alternatives that reduce
the environmental impacts of mountatntop removal. Thank you
for your consideration ot this important issue,
Sincerely,
tie. 1 box 34$a
Mftrltnton, WV 24954
USA
1-5
Hmer and Angela Dobson . '™*=C D S£P 1 5 2
2335 Clear Creek Road
Hazard, KY 41701
608-251-3710
John Porren
U.S. EPA (3ES30)
I860 Arch Street ' •
Philadelphia, PA 19103
Dear Mr. Forren
This letter is the absolute truth about mountain lop removal mining and valley fills.
You may eren say that this letter is a true environmental impact statement without the
tainting of special interest, near sighted, bottom line only, non-Appalachia individuals,
companies, politicians, and energy wasters.
Sir, what we are about to tell you is the truth, and you sir are invited to come and
visit Appalachia at anytime to see for yourself. He understand that you and your staff
probably live in a concrete jungle and that you are obviously lacking in the area of
common sense and the basic knowledge thai our mountains, streams, limber, and other
natural resources are here for us to use not to waste and destroy. Every lime you turn on
a light or any other item which consumes electricity remember your electric bill only
shows a small part of the actual cost. le live here and see the cost everyday. Ie live
with land that wont grow a weed, and water that is too foul and poison for anything to
drink much less live in. Anyone who would even consider weakening the current regulations
which are already too weak, must have a pure hatred for their children and grandchildren.
The great rainforests of the earth are disappearing at an alarming rat* and every time we
do so much damage to the land that it wont even grow a tree, we do damage to the
environment that our grandchildren will live in. You and everyone involved are betting that
there is enough coal to produce electricity to power the air purifiers that will be needed to
clean the air of the world after the trees are gone, that kind of sense does that make?
Do you know that if someone went to Philadelphia and dumped selenium into your
water ways, they would be arrested, have to pay huge fines and maybe even face jail time,
Maybe releasing poisons such as selenium into any waterway, (Waterway: any place where 5-5-2
water naturally runs, or collects two or more days a year.) A million dollars a day fine for
every day it is not cleaned up. Are you people so ignorant that you don't realize that
aquatic life is a vital part of the balance of nature? How much Aquatic life has already
been destroyed? 2000 miles of streams sounds like a lot to us!
le believe that God created a special place in Hell for those of you «ho willingly do
damage and destruction to his creations. Myself and almost everyone I know are opposed
to mountain top removal mining operations and extremely opposed to the destructive, _
environmentally murderous, total disregard for the earth, practice of valley fills. It is 1 ~?
disgusting and makes us mad as hell that we fund scientific studies and then ignore them
when they find that leveling mountains and burying streams must be stopped. 1 believe
•thai a very large law suit may be to order.
MTM/VF Draft PEIS Public Comment Compendium
A-936
Section A - Citizens
-------
B. Dominey
Any law, rule, or regulation lhat allows mining activities of any type within 100 feel
of any stream or waterway above or below ground is wrong, dangerous lo all life Forms
downstream, and we are to no end opposed. How many scientific studies must be done
before our government realizes the widespread and irreversible damage the coal industry is
doing and our elected officials are continuing lo allow lo happen to the state of KY, and all
of Appalaehia.
The E.I.S. contains alternatives f 1, |2, and |3, These alternatives are a bad joke.
They are a direct threat lo our homeland and each and every person who lives here.
If you wrong people, the environment, or the wildlife, it will eventually come back lo
you. How much longer do you think you can ignore scientific and other evidence of the
severe harm of mountain top removal, valley filling and other unethical mining practices,
You are ignoring the public demand and basic American right lo have clean water to drink
and use in our daily life, fe all should have a right to a clean, healthy environment. We
should have a right to live in communities where our homes are not shaken apart by the
hands of other men. We should be safe from companies who have no regard for anything
but the bottom line.
Thank You,
Elmer 4 Angela Dobson
5-7-1
1-5
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-------
Gail Douglas
Linda Downs
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August 8,2003
AUS 7
Mr. lota Fotren
U, S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Porren:
I would like to share my opinion with you in regards to Mountain Top Mining and Valley 2-3
Fill s in Appalachia. 1 believe F.nvironmental groups are pushing their proposals to the extreme A
the cost of thousands of jobs. You can go so far with regulations that Companies cannot afford 1 1 _9 0
to stay in business" for the expense of trying to meet wch strict guidelines.
The economy is tetrible right now and th® nations unemployment rate is at 6,2%. We can I i in
mine the coal and Mow the torrent regulations that protect our air and water. The land is |
restored back to its natural beauty.
I think one of the biggest problems in our area is sewage that gets into our streams and
rivers. The area I live is only iix (6) mites outside of Harian, Ky. and "city water" is not available.
The well water is so bad, that filtering systems can't handle the iron and sulfur, I would like to
see the Environmental groups look at some of these serious problems and not look at ways to
force the Coal Industry out of business with stricter regulations,
The Coal Industry has supported me now for 25 years. I was able to raise my son
as a single parent. I appreciate the coal miners who work very hard. For most of the miners, coal
mining is and has been their life. Please support the Coal Industry in this very important matter.
Sincerely,
Linda C. Downs
P. O. Box 175
Putney, Ky. 40865
MTM/VF Draft PEIS Public Comment Compendium
A-938
Section A - Citizens
-------
Waneta Dressier
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MTMA/F Draft PEIS Public Comment Compendium
A-939
Section A - Citizens
-------
Phoebe Driscoll
Morris Dunlop
PHQIBI A. DJUSCOIX
720 Swcdesford Road
Ambiet, Fefcasfbmala 1S002
(215)69*9648
Rda (215) ©9-7»0;
- Forwarded by David Ritter/R3AJ8EPA/US on 01/08/2004 01:52 PM —
Mordunlop@aol.eorn
To: R3 Mourtaiiiop@EPA
12QQ72DQ312:46 oc:
PM Subject: ..foratt. Mr John Forren,, please.
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US (
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-------
BillDwyer
streams.
tn rny understanding Wowing of? mountain tops is a very considerable
achievement, drying streams Is a dangerous pasttime as they have
usually predetermined their flow regeirm and pathways and will quest to
have them returned with mudslides and the like oceurtng as they
re-establish their powerful w$ys,
I will be interested in any comments.
Yours Sincerely,
Morris Duntop,
1-9
REC'DAU811»3
S/v
1-8
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-941
Section A - Citizens
-------
oar J^ivtr* j. Straws in
£ff -t^o
5-7-2
Craig Edgerton
, 2003
Mr. John P&rsett
Pmj-ret MaiMget
US, Environmental Ptotecfton Agcijcy (3HA30)
1650 Aich Stueet
, PA 19103
Dear Sit:
"The federal govetrtrnmt — with Rarfmbijarts m ramtro! of the Whit** Housn, Coitgmas and tlie jt«lidary -- fes
Ismidied ihe !&rge$t roHl»^k o£ ratvitoiiffieiit^ latp ever. The Bush administration seen^ cteietmined to undo
mucfe of the good done since Earth Day 1970, when 20 mflEon Atnetieam defended tfie pkn^t m the biggest
mass demons tmrioii m, US, hastor^.". "BtBh's 'Healthy Forests" initiative Kkesrae suffers fiom Oiwdfian
doublespeak, fdHng VSfestem forest* to saw tbsttt Disgyis-ed ss a me«s«rfi for airbing un!4fit et, die plait invites
logging cotnpanirs to cut heatti^ UT.CS in nasJon»l forests wfijte irdiidng public oversight'*.' Mow the Btish
tfdministrafcion wants totmkfrit easier ftjt (SxtlmiiwigcoitipatMs to Mast fee tops off mountains and ckimp
tlie icKts pf jegv^taig «^iste into ttie v^llevs sitd sttesunss tselow HiyA1 weH I osai tecill a 0aH iTjiiting1 opeatioo
being aliowed to tip KK! strip Jiete in Colorado 4! the •wiiiic promising to protect the envitonffleat Now it's a
Superfimd site. Thanks, but- no thanks.
According to fee draft BIS, tibe eovironrn^tla! effects of motint^ntop rei'n0val ace widespread, dei?astating and
pemt^ient Yet liie draft BIS pKJptvse* 110 twtiieSiom on the siasr- of wAe^ Mis tliat tMicy sltesms, rio limits cm
the iiumbeE of acas- of f«»t that cm be destroyed, no protections for imperiled wildlife atid no safeguaeds
fo« the ojrnmunities that depend on the ie|^etfi's mtustt t«sou»3e* for tlieinselvss itnd ftitme gciie;fiitk>m,
Instead, theBinh ^naiaistmtioR's "ptefeteed altetoative" fot adtl.i«ssmg Ac eitoriiiK*iB problems closed by
mountaiutop tsmowd iuin.tn]g igjiotfts th^ asdnunistsitkHi's OTSTI studies and pix>posffi weakening esis ring
ciKviionniT-n-tsiI iKDtectiDUS and sittowiiig ii'K>i,intain.t^j teai'K.waJ siK.1 associated vt^ley fills to continue al an
you to.aineaid the EPA's dbafi oiviitMtincntal intact statement 30 as to limit the effects of
aiiacBp r ernowl mining, I fiisi it unconscionable tJhat the Bush administmtion ptam to contttiue
to tef CM! corr^aiiics clrsttny .Appria^a with mining prastie«ts that lewfl m(wmMintt>p», wipe out forests^ bury
sfteams and destroy comnfia'uties,
TbeBuisrh adrmnisttaticaim«st coesktet altctnativo th^t raxiucc the enviE0nmmt#i in^^asts of motsritaiiitop
reitiGvsl aitd then inqdemeiit meiasutes to ptoiect ngtuiat resources and comrrnffuties in AppalaAia, such as
cestrioaam on the six^ of smiley fills to rectee'tihe dcstntcttcm of su'earns^ for-^stej %*ikOife and comcnttnitirs, 1
to i
iediati^y amend the draft EIS accordingly.
Sincere^;
854 W<^t Battfement
e CO 81635
(970)285-9825
-ay, II206
Wat era Nature, GLENN SCHEKER / Sal
MTMA/F Draft PEIS Public Comment Compendium
A-942
Section A - Citizens
-------
Edgar Edinger
(Embedded image moved to file-; pJc295l0.jpg)
- ...... Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:18 AM -—
Craig Edgerton
To: R3 Mountaintop@EPA
cc:
Subject; consider alternatives that reduce the etmronmental impacts
enclosed)
12/31/200301:56
PM
The Bush administration must consider alternatives that reduce the
environmental impacts of movmtgmtop removal and then implement measures
to protect natural resources and communities in Appatachta(See at&ched
tiler Doc2.doc)
1-5
.^/&***"
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1-9
MTMA/F Draft PEIS Public Comment Compendium
A-943
Section A - Citizens
-------
lierEdinger
Dave Edwards
1-9
1-10
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Fora/acded by David Ridet/R3/USEPA/ US on 01/20/2004 0'9:08 AM -—
"bongod a ve@cox. ne
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-------
We must start appealing to the corporation's conscious, fot doing the tight thing and give
recognition... and give our business to ihe ones thM ace improving and caraig and are
greening up. We could start some kind of honoring system, to help recognise the ones we
wish to buy from of invest in. And this may help get the attention of the stockholders to
get more involved and caring.. .This in itself would actually help the CEO's of these
companies do what they invariably wish to see get done, but are afraid to being up to there
seniors for the fear effacing fired....Or worse... ridiculed and labeled as a "softy" or "Tree
Hugger5'.
Perhaps a lot of this got out of control because of our basic egps for miany vears have been
bred with teat. It is kind of like an on stage feedback ...where everyone is afraid to turn
down the volume. What will happen if no one turns gets up to adjust it? I have never seen
any cssc where anyone would let feedback go for. more than one or two seconds Co find Out
Yet how long have we been letting it build up?
No one ever knows, what will happen, because it is corrected...Mid quickly! Though
everyone FEELS that if it does not get attention, soon... it can't be good... and will obviously
be very uncomfortable, until it. burns out... blows up...or simply breaks down. Though, While
everything is at a high fevered SQUEAL-!!!... Everyone starts to cover there ears and run! No
one can prosper or even think beneficially in this feedback xone. Do you alsd feel we need to
turn it down... and get it all back under control,., where it will be more comfortable, for
everyone? Then we can all get back to the fun stuff ...dancing, building, living and loving it
all ...and each othec.
Also we may need to be caretul promoting Hydrogen as an energy source. I recently heard
on a public radio talk show...the daily expert guest, telling people that hydrogen may be as
bad as anything else that reduces ogone. And that no matter how much care is taken in
transferring and transporting, "some hydrogen will leak out" just as all gases leak even
when " they" say "they won't". And what about the possibility that we could be creating
even more dangerous terrorist targets (hydrogen plants] along with the nuclear plants we
don't know what to do with... and or even how to fix nuclear plants, as they are starting to
find that borax is now eating holes thru these reactors, also now I see they are saying some
of the parts won't with stand the pressures they thought it would. [I am afraid to look into
tins one]. And that the human maintenance has not been checking for these leaks, like they
said they would do, of have supposedly been doing. Along with what..inadvertently,
possibly, creating more hydrogen bom.
Can't we just f:or a while concentrate on less disastrous alternative sources such as wave,
wind, mid sobt energy? Soon as hydrogen is accepted, corporate giants may get in and ruin
it, by trying to squeeze that, last dmighty dollar out, by reducing safety and environmental
concerns...we have that already, with reactors...Jt is not working... we still don't know what
to do with the waste... or how to protect them from evil doers...or how to maintain them
properly or maybe even how to fix them. And no one seemed to have visualised fiiat booix
would form in then! and start eat ing holes through the metal, in places hard to reach,
and repair. And we trusted them to kn0*5? what they were doing by testing these pttts...which
now may becoming another nightmare. l%ey say that the person going into them to foe them
will be exposed to over a years wotth of radiation, Who ya gonna call?
We need to getaway from instant gratification thinking. Let's Open up to something new,
fresh, and renewable, The energy is already 'naturally' there begging to be used this way.
Let's give it a fry.
I believe if our leaders... along with the rest of the world would quickly read and or listen to
these books aid tapes* listed below, we would have a chance to get thru all this, swiftly and
with as little grief as possible and may create a lot of good friends on the way...though I
don't think Saddam Hussein would be motivated to change... 1 brlicvr he is... our
motivation... to change... ! never read so much and so fast in my life- And I now, have
learned the difference between Religion and being Spiritual, and better... how the
two can compliment each other, yet, not be the same thing. Mote importantly, why it is so
imperative thai we seek to find this difference very soon.. .there yre. more reasons here than
we thought And it is really so easy to understand, the way these authors express these
Universal Ideas and differences.
Tf you are a seeker...
This may help you find some new angles, from these Angels,
1] MANIFEST YOUR DESTINY (and others] Tapes or book by Wayne Dyer
2] * GARY ZUICAV'S book - SOUL STORIES, SEAT OF THE SOUL -Tapes or book
3] Or you could Listen to these audio tapes first They may be the fastest *THE NEW
REVELAT1ONS-BY NEE, DONALD WALSCH along-with his Friendship with God or
Communion with God series or CONVERSATIONS WITH GOD
4] THE, STARSEED TRANSMISSIONS; THE THIRD MTLLENIUM; RETURN OF
THE BIRD TRIBE by KEN CAREY [listen to the others first, then these]
5] *** HEALING THE SOUL OF AMERICA and/or EVERYDAY GRACE by
MARIANNE WILLIAMSON
6] THE BOOK OF CO-CREATION THE REVELATION' our crisis is a birth-
BARBARA MARX HUBB ARD
7] SCIENCE OF MIND — T1iis was actualy my fiat introduction to all of these books,
tapes... and spouse. And the re#l conscious beginning to my life's purpose or quest. Please
check out their small booklet, published monthly, that has continued the studies started by
EARNEST HOLMES (this is NOT to be confused with Scientology ... which we know
nothing about, so we can not advise one way or another about, that, please ...no offense to
aiwone.) This is also the way my life partner and I met ... at a Creative Life Drum Citcle
Thru Reverend Df. Jesse Jennings He is the minister of the Creative Life Spiritual Center ol
Houston. T3C He also has an article monthly in this periodical. And it is a very good
read... and is very inte resting as he answers some of the most " tough" questions about the
^>ititual practice we all go thru in out everyday li\*es and he has a knack of making it all fun!
And is well worth the time checking him out. By reading the periodical called SCIENCE OF
MTM/VF Draft PEiS Public Comment Compendium
A-945
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jVUND-chafige your thinking change youc life; a philosophy, a faith, a way of life. Can be
ocdeced online at scienceofmind.com or call 800-247-6463 oc check a local bookstore or
library,
8] -**j* www,humanitiestpam.com or humanitysteam.com - or look up Neil
Donald Walsch* which you can check this out now. And actually Help now.
9] THE LAST HOURS OF ANCIENT SUNLIGHT- THOM HARTMAN -Rachel my
spouse, read this, and recommends it I haw not read it yet Though she
had introduced me to all the others., .must be good. She has recommended
that I include it heir,
10] Carolyn Myss -Listen to anything by her, i.e. ENERGY ANATOMY,
ANATOMY OF THE SPIRIT, SACRED CONTRACTS; or TOUR PRIMAL NATURE*
11]*** Tlie DEAD SEA SCROLLS by GREGG BRAD EN
12] 'JUMP TIME* by Jean Houston*Ph,D.
13} TOUR PRIMAL NATURE' by CAROLYN MYSS
We need to become more a more 'all inclusive5,,, and less
'separatists' as a society.., maybe I am wrong... I have been
before...though 1 personally, at this time... feel...
..Instead of just saying "God Bless America". We need to think a little
deeper and perhaps say" GOD BLESS US ALL".., Or ECGOD BLESS OUR WORLD or
God Bless our Earth" Oc "GOD BLESS OUR UNIVERSE...".
Otherwise our image comes through as if are coming from a separatists
fear base [as opposed to a lave base].,,as if there is not enough
GOD/LOVE TO GO AROUND to bfess... everyone... let alone a whole other
country.
..IT MUST SEEM LIKE A NEGATIVE REMARK TO EVERYONE ELSE WIG IS
NOT
INCLUDED IN THIS "God Bless America".., 'PRIVATE CLUB'. We need to start-
accentuating the things we all have in common...starting with die "EARTll3..... Though that
would seem logical...yet,,It also seems that we need a constant reminder of this...perhaps we
could fly a !*RESII NEW FLAG funder* each countries flag. And the only requirement to fly
this flag,.. would be... you have to belong to the Earth,.,, Or even more inclusive.. .the
universe... The add-on flag could simply have a picture of die EARTH on it. Perhaps
with the word *ONE* or We are all one...or We're all in this together...something more all
inclusive...across the front ot it, as a constant reminder that all., .what 'one*
does...now,,, a Erects us all...especially now that the world seems,., much 'smaller3 these days, *
We are... now.,, all... in the same boat1." Let's not rock if" as the saying goes. Better yet lets
start fixing the holes we have put in it...and start treating each other the way we would like to.
be treated,,,and we all will have much more fun sailing "with a much smoother ride^ with less
tension, then we can all be rested and prepared lo wotk together when the storms rise.
The sale of this flag could help repair the earth and each other. From the damage we ALL
did. Please read Healing the so til of America and listen to Nestle Donald Walsch- They can
be ch^ckfd out from ths library. These tapes se^m to be saytng everything we all have been
trying to say anyhow, but without knowing how to put the words together, especially
without all the dogma involved. And they have the potential to help us... help others. ..if, or
when, they ask for help, and you will know mote what to sty.. .or some things to refer
seekers to.. People knowing of these madaities.,, CAN save our world, as we now know it
Most of all.,. these authors admit that, these messages are not the only way. .."just another
way**. And even better,..not everyone needs to e\*cn hai't read all of these to make t
deference in the collective conscious of the planet It has been discovered that it only takes
10% of a population to effect a knowing in the rest. [The hundredth monkey effect] ot
read/listen to the LOST DEAD SEA SCROLLS for mote info on this.
All in all, we must cemembet that TOE EARTH DOES NOT BELONG TO US...WE
BELONG TO THE EARTH. Chief Seattle. And ...Humans are not the only ones on the
E&cth ...we just act like it
These two sayings,,, simply put ...seem to help as bring things back to perspective swiftly.
Also 1 noticed that Marianne Williamson, Neil Donald Walseh and Ed Asner arid many
many others are now endorsing DJ {Dennis John] ...Ed Asner, coincidently, is one of the
readers for the CONVERSATION WITH GOD SERIES written by Neil Donald WaiscH.
Please don't think that Neds book and tapes arc lull ot dogma they are more like common
sense,..actually going thru his material, is more like ce™membering» than learning anything
knew. Tlits is a collection of thing? we ^Itrssdy know... bur somehow have forgotten.,,yet
oddly as we re-discover this information...we feel, Tety profound, while te-connecting with
all this. They art likf. no other book of topes that T have ever read or heard- And this scries
along with Marianne Williamsons, Carolyn Myss, Gary Zukav and Wayne Dyer may haw the
potential for so much healing* on such * grand scales foe everyone,., that makes these best
sellers. And must reads,.,why they dofft use these in schools is almost ridicule s...it has
the potential to avect grie£ ...almost ImtnediRtely. And 1 don't consider it any more religious
than teaching a psychology class. It is not the only way ...just another way.
Good Happens
Love Shall Prevail
dave edwards
6990 steams coad
olmsted fells, OH 44138
MTM/VF Draft PEIS Public Comment Compendium
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Robert Eggerling
Susan Eggert
Forwarded by David Rider/R3/USEPA/TJS on 0.1/06/2004 lOtC-7 AM ——
29 (MM
MetStcraPABSJ
Maun ta i nt op6 EFA
January 2004
OL-5 • S-PA
BEC'D DEC 3 B 2i^ ^
1-9
Attached are my cam-M-nts regarding th& Draft EIS em mountain top coal
mining
and valley £ill&, I have worked it; the field of all-earn ecology far the
last 15 years/ including 12 years of conducting research (organic matter
cycl ing arc: Macro i rix^srt^fora-te production J i n h-fe-a-clwater stre^m^ of the:
southern Appalachian Mountains .
1 am glad that this E1B was ee-irpleted. However, tlse..r«s are seme serious
problemus cone-erring th& scientific basis of statements presented in the
Draft SIS, I ant especially concerned abo«t the use of qualifying words
stich as "potential" and "niay affecc" throughout the EIS, especially in
light of the overwhelming scientific evidenoe presented in the EIS
showj ng
the negative de-was t ream effects of MTH/'VF. I sincerely hope that the
authors of the Draft EIS consider ?ay attached coiaff-ents and r^ake the
appropriate changes to better reflect the scientific data gathered to
date .
Susan L . Eggert ^ Ph.D.
Department of Entomology
Utiiversity of Georgia
Athena, GA 3060.':
(706) b 42-7860
eggeiTiiaS spare .ecology- ug^ . e
(See attached file: HTM vrc
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Draft EIS MTM/VP comnente bv S.L. Eggert:
The purpose of this Draft EIS is to "evaluate options for improving agency programs under the
Clean Water Act (CWA). Surface Mining Control and Reclamation Act (SMCRA) and the
Endangered Species Act (EKA) that will contribute to reducing the adverse environmental
impacts of mountaintop mining operations and excess spoil valley fills (MTM/VF) in
Appalachia." Unfortunately, the preferred alternative focuses more on agency and mining
company efficiency rather than reducing advene environmental impacts of MTM/VF. The
following items must be addressed in the final draft of the EIS:
a. Selenium contamination of waters draining MTM/VF sites has repeatedly violated provisions
of the Clean Water Act and US EPA's Sate Drinking Standards (66 violations). No solution to
this environmental impact has been presented in this EIS. At a minimum, selenium levels in
soils to be distorted by MTM/VF should be included as part of the permitting process. Those
areas with high selenium soils should not be disturbed. The clear findings of unhealthy selenium
concentrations below valley fills also should be stated in the executive summary for the public to
see, rather than buried in numerous appendices. This is a serious human health issue since
selenium bioaceumulates.
b. There are references throughout the EIS regarding applying "functional stream assessments to
determine onsite mitigation:' (i.e. ES-6, ES-7, ES-9, ES-10, II.C-51-54, U.D-6) However, no
method of doing these functional assessments has been presented in this RIS. The COE Stream
Assessment Protocol for Eastern Kentucky DOES NOT MEASURE FUNCTIONAL
ATTRIBUTES OF STREAMS (examples of ftinctional measurements include: organic matter
decomposition, respiration, primary and secondary production, nutrient cycling). Text in the
protocol clearly states that the COE Stream Assessment Protocol for Eastern Kentucky was not
designed to measure functional attributes due to cost and inconvenience to the regulated public.
''// is appreciated that a more thorough treatment of modeling stream functions may he
accomplished with a more intensive effort. However, this would also take a greater expenditure
of resources and may also impose new requirements OH the information submitted by
applicants™ (Sparks, Townsend, Htgman and Messer, Aquatic Resources News: a regulator)'
newsletter, US ACOE, 2003) Note: this publication was not included in the Draft EIS and
should be included in the final EIS. The Eastern Kentucky Assessment Protocol only measures
structural and physical components of streams: taxa richness, EPT richness, mlffil,
%Ephemeroptera, %Chironomidae + Oligochteta. conductivity, riparian width, canopy, and
embeddedness (Sparks et al. 2003). Furthermore, a stream assessment protocol developed by the
Norfolk District and the Virginia OBQ also did not include functional measures of streams.
(Schwinn and Culpepper 2003) [Note: this publication was not included in the Draft EIS and
should be included in the final EIS.] The authors of tits publication also acknowledge that this
protocol does not address stream Junction, "Because development ofafiilfyjimatonalstream
assessment model could lab; several months, there was a need for a more rapid assessment tool
for the regulatory program that \¥as still objective and quantitative. Therefore, the Norfolk
District and the Virginia DEQ decided to pursue, an interim stream assessment protocol that
could bridge the gap between the subjective measures currently in place and ttfullfunctiatial
assessment model The interim stream assessment approach u not a full functional assessment
model in the sense that the Corps' Hydro-Geomorphic (HGM) assessment or the U.S. fish and
Wildlife Service's Habitat Evaluation Procedures tWKP) are. " "Therefore, while specific stream
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ecological functions have Hot bean identified, it is presumed that the highest sustainable
ecological functions occur in the least disturbed streams relative to moderately disturbed and
most disturbed stream systems, " (Sehwinn and Cutpepper. 2003),
I applaud the fact that (lie draft EIS suggest? that fonetional measurements of streams will be
used to assess streams impacted by MTM/VF. The HGM method designed by the COE for
wetlands is a good one and has been used successJiilty for wetland mitigation. Additional time
and money should be spent to come up with a truly functional approach for stream assessment.
c. The total length of stream miles previously impacted by MTM/VF are underestimated in the
draft EIS, tn the "Landscape Scale Cumulative Impact Study of Mouataintop Mining
Operations" conducted by US EPA .Region 3 (Appendix 1) impacted stream estimates were
derived from synthetic steam networks. The authors of the study admit that their methods
probably underestimate the actual number of stream miles impacted by MTM/VF, "Far the data
used in the cumulative impact study a contributing area of 30 acres was selected to generate a
stream. There is some uncertainty is this selection given that permits in Kentuch' have indicated
perennial streams in watersheds smaller than 10 acres. Therefore; the synthetic stream network
may underestimate stream length." They also admit that they did not verify the accuracy of their
synthetic network with actual stream lengths in the field, "The synthetic stream network was not
ground tnitfied." (USEPA 2002, Appendix I, p. 24). Furthermore, their results did not include
downstream impacts to streams, "Indirect impacts to streams such as those that would occur
downstream from filled or mined out stream areas were, not evaluated in this analysis. As such.
results of the direct impacts of stream metri.es likely underestimates total impacts to streams."
(USEPA 2002, Appendix I, p. iii-iv). The potential itmccuracy of the impacted stream miles (in
this case an underestimate of the potential environmental damage inflicted by MTM/VF) MUST
be stated upfront in the executive summary and not hidden from the public in an appendix.
d. The misstatement in the Executive Summary that, "Some streams below fills showed
biological assemblages and water quality of good quality comparable to reference streams"
(ES-4) must be removed from the draft EIS. Streams below fills were in good condition or better
only 33% of the time according to US EPA data, (Green and Pasanore, 2000 Appendix D).
Unmined sites scored in the good or very good range 91% of the time (Green and Passmore,
2000 Appendix D). Actual statements from the US EPA report are below;
In contrast to the unmined xit/es, the filled sites scored over the entire range of conditions.
Over all five seasons, the filled sites scored in the very good range 14% of'the time, in the good
range 19% of the time, in the fair range 53% of the time, tn the poor range 12% of the time, and
in the very poor range only 1% of the time,. We believe the range of biological conditions found
in the filled sites can he explained by differences in water quality ('see section 7. Ofor a
discussion of the associations between biological condition tmd conductivity). (Green and
Passmore, 2000 Appendix D).
In the seasons wft/i complete data sets (spring 1999, winter 2000, and spring 2000), the
unmined sites generally sea-ad in the good to very good range using the WVDEP Stream
Condition Index. Over all five seasons, the unmined sites scored in the very good range 72% of
the time and in the good range /P9» of the time (table 2). (Green and Passmore, 2.000 Appendix
D).
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There is « huge difference between 33% and 91%. Clearly, valley fills nejatively impact Dtteam
raacroinvertebrates. The atti'inpt to mislead the public with respect to the negative «ff«ets of
MTM/VF cm aquatic biota by the authors of tfce draft ETS is unethical,
Section 1-2, Under "Purpose of the EIS" heading, "Unites" should be spelled "United." Please
correct this error throughout the ETS.
e. li.C-10. According to the draft EIS, "The SMCRA regulations do not currently contain
requirements far biological monitoring or documenting physical attributes ofsti'eams. " How
will adverse impacts on aquatic biota be monitored if biological monitoring is not required?
Some provision for the requirement of biological monitoring should be included in the
permitting process and described in the final EIS.
f. Monitoring and inspection. (II.C-57). This section is extremely lacking in details as to how
monitoring will be accomplished. Storm water monitoring should be required to accurately
quantify pollutant loading. Bageflow monitoring minimizes environmental effects of MTM/VF.
g. ll.D-8. "unnaceptable" is spelled incorrectly. Regarding the advance veto powers of EPA in
cases where it finds that mountaintop niining would have unacceptable adverse effects on certain
aquatic resources, I hope that someday EPA finds the courage to exercise its CWA Section 404
(c) authority on this i»sue. Based on the date presented in every study associated with this BIS,
mountaintop mining and valley filling causes and contributes to significant degradation of waters
of the U.S., which directly violates 40 CFR 230.10(e) of Section 404 (b) of the CWA,
h. II.D-9, The statement, "Further, the EIS studies did not conclude that impacts documented
bdmv MTtvf/VF operations cause or contribute to significant degradation of waters of the U.S.
[40 CFR 23Q.10fc}], " is euiiipletely false. Data presented in every study associated with this
EIS, demonstrated that niountaiittop mining and valley Elling causes and contributes to
significant degradation of waters of the U.S., which directly violates 40 CFR 230.10(c) of
Section 404 (b) of the CWA. To just name a few, consider the increased selenium concentrations
below valley fills that violated safe drinking water standards (66 times), the increase in
concentrations of sulfatc, total dissolved solids, total calcium, total magnesium, hardness, total
manganese, dissolved manganese, specific conductance, alkalinity, total potassium, acidity and
nitrate/nitrite below valley fills, the shift from pollution sensitive macroinvertebrates to pollution
tolerant ones below valley fills, the decreased mean particle size and greater number of particles
less than 2 mm in size below valley fills, and the complete loss of more than 1,200 miles of
headwater streams? A paragraph on. page 1IID.13 specifically states that there is probable cause
between mining upstreais and increased conductivity in stream water below the fills: "In
general, the filled and filial/residential classes hadstthstatttialfy higher median conductivity
than the unmined and mined classes. It is important to note that tlie filled sites generally had
comparable or higher conductivity than thefllled/r^sid^ntidl sites within a watershed, indicating
that the probable cause of the increase in the total dissolved solids at the filled/residential sites
was the mining activity upstream rather than the residences. "
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i. Ut.C-12. In reference to the last bullet under "Biological": The statement "They enhance
sediment trwisport {fwvn$£re®ffl by hr&dfaji^ dov^n th& Imf itiaterigl,'' should read "They
fine organic matter transport downstream by breaking down the leaf material," This phrase
should also be corrected on the bottom of page 10 of the Proceedings of the Aquatic Ecosystem
Enhancement Symposium, Appendix D.
j. IILC-20. The statement, "In fact, the establishment of ponds or wetlands on benches or at the
toe of mined areas may tend to limit ike effect of disturbances on the downstream watersheds
(Wallace, i. in EPA et al, March 20, 2000), " is not complete. It also should be added here that
B. Wallace and R. Powell stated that ponds do not replace the structure and function of original
first and secotid order watersheds (Proceedings of Aquatic Ecosystem Enhancement Symposium,
Appendix D, p. 18 and 19),
k, IILD-2. "A cumtilative impact study of the length of stream directly impacted within the study
area was performed by the USEPA (2002). The stream lengths evaluated were based on the same
synthetic stream network as the OSMftlt iflvmtor}' which includes streams located upslopefrom
the USGS Uueline streams- "Hits ettmulativf impact study differed from the previously discussed
studies in that the estimate of stream length Impacted was based on length of stream filled and
length of stream mined through* This study estimated lf 208 miles oj direct impact to stream
systems in the study area based on permits issued in the last ten years (1992-2002). Ms
estimated of filled or mined through streams represents 2.05% of'the stream miles In the study
area. " These values of stream miles lost are underestimates based on the authors' qualifications
of the methods used in the study. sSee toy comments above.
1. 1I1.D-5. "The extent to which energy loss may he offset by input from reclamation of the mine
site and adjacent undisturbed areas, a unknown. Impacts thai this type of net energy "change"
would have on the. downstream aquatic environment is uncertain and requires further
investigation." Since trees don "t grow very well on reclaimed mine, spoil (Handel, 2002
Appendix E), and ponds do not replace the function of 1 st order streams (Proceedings of Aquatic
Ecosystem Enhancement Symposium, Appendix D, p. 18 and 19), there is probably little offset
contributed by reclaimed mine sites.
m. IH.0-14, 3rd paragraph. "This study also found very low percentages of may/lies
(&ph&meroplera) fit this site® and etevat&l surf&cg water conductivity, hardness and tttilfales, "
should read," This study also/band very low percentages of mayflies (ephemenptera) at these
sites and elevated surface water conductivity, hardness and sulfates. "
n.IILD-19. "Creation of other ponds and wetland resources on mined land has shmvn more-
promise. Wallace (EPA 2000) suggested that these types of systems can be important sites of
nutrient storage and uptake provided that a sufficiently vegetated littoral zone is present."
B, Wallace also said that ponds cannot replace pre-miniug streams (Proceedings of Aquatic
Ecosystem Enhancement Symposium, Appendix D, p. 19).
o.IILF-3. 2nd paragraph, "Tress" should be spelled "trees"
p. Fig. III.F-2. The legend for this figure has no shading on my EIS copy, so I cannot tell which
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part of the figure refers to amphibians, birds, mammals or reptiles,
q. HLF-7. last paragraph. "Species richness and abundance 1$ tower on reclaimed grasslands
than shrub/pole, fragmented forest, and Intact forest habitats (Wood and Edwards, 2001), "
Species richness and abundance of what? This sentence contradicts the first sentence of the
paragraph. "Species richness mid abundance of songbirds is higher in shrub/pole habitats of
maunlatntop mining sites than In grassland, fragmented forest, and intact forest habitats (Wood
and Edwards, 2001; Canterbury. 3001), " Please rephrase.
r. 1II.F-9. "Burton and Lykens, 1975" should read "Burton and Likens, 1975." This reference is
not: listed in the References section of (he EIS.
s. lll.F-16. How much carbon sequestration has been lost due to MTM/VF? Since trees do not
grow to any significant degree on reclaimed valley fills {Handel, 2002, Appendix E), hasn't
MTM/VP reduced carbon sequestration? Mease address this question in the EIS,
t. TII.G-3. Peak Flow Study. If trees are unable to survive on reclaimed MTM/VF sites (Handel.
2002, Appendix E), why bother including data regarding estimated peak flows on permitted post-
mining forested sites. This scenario will never happen.
u. FV.A-3. The direct burial of stream segments by MTM/VF is not a long-term irretrievable
commitment of resources if it is not permitted to occur in the first place. The direct burial of
streams violates 40 CFR 230.10(c) of Section 404 (b) of the CWA. Unfortunately, US EPA is
unwilling snd/or unable to use its advance veto power to minimize, and/or stop the downstream
degradation occurring due to MTM/VF.
v. IV.A-4. "Ttte loss of these reserves would not have an immediate, irreversible €/fect on
energy production, because sufficient coal reserves exist elsewh&re to meet current 0i&rg)>
demands. However, long-term effects on energy production could occur, sines rendering some
Appalachian surface mining coal reserves unminahle could ultimately hasten reserve depletion
when other coal sources dwindle." Other clean, renewable energy sources exist such as wind
and solar power. If these energy sources were currently being developed, long-term effects of
unminable coal reserves would be offset. Please include wind and solar energy as options in this
EIS.
w. IV.B-3. The statement, "No widely-accepted, statutcrdhett letting procedures exist for
measuring the. presence/absence of the fine and marse organic mailer and coitsequettt energy
contributions, of stream. Thus, the EIS stream chemistries studies in West Virginia and Kentuctiy
did not document the effect of stream loss on Ike. downstream energ)' continuum, " is false.
Widely-accepted, standardized testing procedures for measuring the presence/absence of the fine
and coarse organic matter and consequent energy contributions of stream do exist in a book titled
Methods in Stream Ecology (F. Hauer and 0. Lambert!, 1996), It is unclear why these
measurements were not included as part of the EIS studies.
x. IV.B-3. "/// the absence oj standardized testing and research, it is not cl&ctf to whttt extent
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thti direct stream fas* indirectly affects downstream aquatic life ft to also not evident to >rt«f
degree nrlamatiau and mitigation (e.g.. drainage etmtral and revegelalim) offset tltu organic
nutrient reduction The direct impacts of stream loss ar? permanent, but the downstream effect
from organic energy loss may be temporary. The data presented in each of the studies in
Appendix D directly contradict this statement. Valley fills result tn a shift from pollution
sensitive macromvertebrate species to pollution tolerant species. The evidence is (indisputable.
Existing CWA programs Indirectly address these effects through technology-based effluent
limits, Hate water quality standards, TMDLs, and other provisions designed to assure- overall
watershed health. " Please explain how TMT>I,s address these effects. Are MTM/VF effects
currently being included in TMDLs? If not, they should be,
y. 1V.B-4. The statement, "He®dw®t.& strg&m systems d& not have a tretn0Htfott$ capacity to
provide •purification functions '," is absolutely false based on published scientific literature (Meyer
1990, Peterson et al. 2001), EIS Authors: please prwM* the scienlific evidence for your
statement, "Headwater stream systems do not have a tremendous capacity to provide
purification functwits," If you have none, delete the statement.
z. IV.B-9. The protocol described in paragraph 3 does NOT measure aquatic function. See my
comments above.
aa. IV.B-11. "* Consistent definitions of stream characteristics and field methods for
delineation; * Clarifteatuta ofOSM stream buffer zone rule and de\>dopment of excess spoil
requirements jar alternatives analysis, avoidance, and minimization; * Re/iiied science-basefi
protocols/or asiesihtg aquatic, function, malting permit decisions, and setting mitigation
requireinents"" I agree witli each of these statements. In particular, time, money and effort must
be spent on developing a truly functional assessment protocol for headwater streams. The
current protocols do not consider functional measures. There are already methods in the
scientific literature designed to measure stream function {Hauer and Laraberti 1996) and there
are many scientists who ate already trained in these methods. Ask them for assistance with this
task.
»b. IV.B-12. "BMP's". Please elaborate on this topic. They are mentioned repeatedly in the
EIS, but never discussed in detail. What specific BMP's would be used? Any references for
these?
so. IV.B-12. "better integrated public participation." Please elaborate on this topic also. How
would it be improved beyond the process already in place?
ad, IV.D-4. "Burton and Lykens, 1975" should read "Burton and Likens, 1975." This .reference
i* not listed in the References section of the EIS.
ae. IV.D-6. The biological assessment is a good idea and probably should haw been done much
earlier in this whole process. A complete biotic inventory of impacted areas should also be
required for the permitting process.
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Clara Else
Susan Emberley
—- Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM -—
"cclse@worldb auk.
org"
-------
Julie Emerson
LindaLeeEmrich
fREC'D AUS2 72© £ <
He, 73
*** - - 12-19-2003 " ""^
Q
" Dear Mr. John Forren,
UJ Pleasa I am writing about.
Rtountaxn top mining.
Please this(3estroy»s) many-
v&lleys,
\. .''•'.
Blease;.::te.ll.lA' not to
gj_envlroriijiental protections
[/Sji"- V~^pSotJoa of fconji»taintop) mining.
l-TH€) ..;'',• . ^-7— •'••,•
Cnank" you very, IBIACJI,
Julie M Emerson
-' 4425 Rosecrown Ct
Port Coffins CO 80526
1-9
1-10
f r>vi
The Env-ironmcntal Impact Statement on Mountain Top Retnoiul'Valley Fill Mining
should make It clear to everyone that this mmirig prac-tice must cease iminediately,
as it s too devastating enviroiunentally, yet it has failed to make any such recommendation.
God gave us tins planet Earth with an atmosphere and habitats where life could continue
and diverse species could co-exist. When the people in government aid the mega' for profit'
corporations see money as the only value, they to* sight of the natural balances that make the
land capabk; of supporting life, then the people and all life fills victim to the kind of greed that
will eventually render our planet incapable of supporting higher life forms and we will all
suffocate together, regardless of how many big
numbers of dollars a corporation or m poltician or a person controls. Could it be that the love of
money has created ij these officials of the regulatory agencies a "blind eye"? Are they sailing for
time with these studies so that when they decide to stop ft is already a done deal and there is no
coal teft to be mined?
Burning coal and fossil fuels creates air pollution, clearing away the forests and polluting our
water and oceans reduces the amount of oxygen that is replenished to our atmosphere. This
practice of Mountain Top Removal/Valley Fill Mining is no less than the sale and devastation
of our habitat and our home, for corporate greed to reap their false profits.
Once a mountain top has been removed, it is gone, so what is teft to study environmentally?
The effects that the resulting flooding and loss of good water and and living forest has on the
mood and economy of the people who are trying to go on living in these devastated areas?
The EIS proposal is to study how to get inter-agency co-operation so that the coal
companies can speed up their operations and sell more coal fester at a higher profit, just
what we the people do noj need.
Gone is goneSStop Mountain Top Removal/Valley Fin Mining NOW!
Sincerely,
1-9
OndaJLeeeEmrich
Pence Springs, W.V.
MTM/VF Draft PEIS Public Comment Compendium
A-952
Section A - Citizens
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Kathleen Enders
Nancy Erps
— Forwarded by David Rider/R3/USEPA/US on 01/07/200403:32 PM
"ksenders(2>yalioo.c
om"
-------
Craig Etchison
P, O, Box 69J
FottAshby, WV26719
August 24,2003
John Forren
USEPA(3ES30)
1650 Arch St.
Philadelphia, PA 19103
Dear Mr. Forren:
This letter is a comment on the EIS for surfkce mining, including mountaintop removal
mining and associated valley fills.
I am appalled by the blatant attempt by the coal industry (and associated government
agencies) to streamline the permit process without making any recommendations about
how to prevent or lessen the substantial damage done to the environment by strip mining—
effects which were noted in the EIS studies.
How sad that the EPA has become little more than an organ for big coal when it wants to
rape the evirontnent, which it has done with disastrous consequences over marry year*.
Whatever happened to "Protection" in your agency's title? You are supposed to work on
the public's behalf to protect "our" environment. You «re failing!
Sincerely,
^
Craig Etchison
CC: Senator Rockefeller
Senator Byrd
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-954
Section A - Citizens
-------
Karen Eva
Alice Evans
.DeliveredDate: 01/04/2004 Ql:20:2& PM
Please stop destroyittg.the.AppalacMaa Mountains, More money needs to be spent on
alternative energy sources. Kaeneva.
@fron taaiet.net
1-13
Forwarded by David Rider/RMJSEPA/US on 01/08/2004 01:58 PM
"aev an s{pfdoe-> state
Mining
.vt.us"
-------
Gaye Evans
McNairEzzard
DeliveredDate: 01/06/2004 09:45:17 AM
1 am writing to express my opposition to mountaintop removal and valley fills and .any
change in the rule protecting stream buffer zones, I'm disappointed and angry that the'
federal government.is ignoring to own studies by proposing to reduce protections for
people and the environment I demand a new study that looks at the alternatives to
prevent new mountaintop removal, and valley fill operations and to Mop the existing ones
within S years or by the expiration of the current mining permit, whichever date occurs
first.
Thank you.
Sincerely,
Gaye Evans
107 West Main Street
Kttoxvjlle, TN 37902
1-9
1-10
— Forwarded by David Rider/R3/USEPA/OS on 01/07/2004 03:32 PM -—
"73514.254
@compxiserve,com" To: R3 Monntaintop@EPA
<73514,254 cc:
Subject: Please Stop Destructive Mountaintop
Removal Mining
01/06/200408:54
PM
Dear Mr. John Forren, Project Manager,
I strongly uige you to amend the EPA's draft environmental impact statement so as to
limit the effects of harmful mountaintop removal mining.
It is not acceptable that the Bush administration plans to continue to let coal
companies destroy Appalachia with mining practices that level mountaintops, wipe
out forests, bury streams and destroy communities.
I usge you to immediately amend the draft EIS accordingly.
Sincerely,
1-9
McNair Ezzard
PO Box 7040
Van Nuys, CA 91409
73514.254@compuserve.com
MTM/VF Draft PE1S Public Comment Compendium
A-956
Section A - Citizens
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Pete Farino
----- Forwarded by David Ridcr/R3/USEPA/US on 01/07/2004 03:42 PM -—
p_farino@yal»oo, co
m To: R3 Mountaintop@EPA
cc:
12/25/200310:58 Subject: No mountamtop removal for coal
AM
— Forwarded by D*vid Ridet/R3/USEPA/US on 01/08/2004 01:59 PM -—
Peter Farino
cc:
Subject NO MORE MOUNTAINTOP REMOVAL
FOR COAL
01/04/2004 10:29
AM
Mr, John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
Stop destroying the Appalachians with milling practices that level
mountaititops, wipe out forests, bury streams, and destroy
communities.
1-9
Sincerely,
Pete Farino
1625 Orasscreek Dr.
San Dimas, California 91773
January 4, 2004
Mr, John Forren
US. Environmental Protection Agency
1650 Arch Sweet
Philadelphia,, PA 19103
De*r John Forren,
STOP DESTROYING OUR MOUNTAINS, FORESTS, AND STREAMS. | 1 -9
Sincerely,
Peter Farino
1625 Grasscreek df.
San Dimas, CA 91773
USA
cc:
Senator Barbara Boxer
Representative David Dreier
Senator Dianrte Feinstein
MTM/VF Draft PEIS Public Comment Compendium
A-957
Section A - Citizens
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EstelleFein
Robert Fener
Robert Fater
1011 Swapping Camp Road
Amheret, Virginia 24521
August 8,2003
1-10
Jo
U.S.EPA(3BA30)
1650 Arch Street
Philadelphia PA 19103
Dear Mr, Fotreri:
Regarding the E1S on Mountamtop Mining and Valley Fills in Appalachia, I will
make my comments brief. NO!!! till!!! Coal, despite a ^eat add campaign is not a clean
safe power source. I'm sure you are quite aware of the health ramifications of coal fired
power plants. Additionally the air pollution is wiping out our forests and countless
species. To then say it is economical and wise to level mouata&is and then fill up valleys
with the waste is just insane. Few will profit and saany more will suffer. It is time we
take a stand for sanity in our national energy policy and yes, my house is entirely solar
powered with photovoltaic panels.
Thank you for your attention in this matter.
Sincerely,
Robert Fener
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-958
Section A - Citizens
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Denise Ferguson
DEC 2 8 as
REC'D m 0 S l
Robert F«ner
1011 Swapping Camp Road
Amherst, Virginia 24521
Mr. John Forren December 24,2003
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
Regarding Mountalntop Removal, I wi be brtef and to the point The Bu«h
plan is bad science. Coal has destroyed Appalaohia. Coal fired power plant
pollution has Impacted our air, soil and waterways. Pollution iis killing our forests
and is the leading SOUK* of mercury, which is endangering anyone who sate
fl«h. Coal is an obsotete technology in view of alternative energy sources. Hive
in Virginia tn a home errfire^ dependent on the sun for heaflng, hot water and
photovoltaic electricity. Yes I do use backup systems, but two hours of generator
run time far the tatt eight months te not too bad. To not think rnountaintop
removal is a major ecological disaster is to show a level of stupidity that it
,<
'4
4-
f
1-9
Thank you for allowing me to comment on ihi* matter.
Robert Fensr
,
1-9
MTMA/F Draft PEIS Public Comment Compendium
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Section A - Citizens
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Steve Fesenmaier
Arthur Figel
Steve Fesenmaier
cc:
Subject: Comment on Mountaintop Removal Mining
08/14/03 02:10PM
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM
"%el@alurtt,:mite
du"
-------
Patrice Fisher
Gerry & Louise Fitzgerald
Forwarded by David Rider/R3/USEPA/US on 01/07/200403:42 PM
Mining
" fishkend{&)earthli
nk.net." earthlink.net
1-9
Qeay tnd Lwase Ftegedd
39«CarfyieR0ad
Marfinsburg,WV 25401
January 2,2004
Mr.JohnFonai
USBPA
1650 Arch St
PhikdelpHaPA 19103
Jffl fl 5 2ffft
Dear Sir:
I am writing you on the issiE of motinlain top removal. This is at issue of particular
Mountain top removal has de\'33tated our environment by reducing the very mountains
ttexiselves, SlUog our valley stasis add Gifting v$& acreages of timber. All these actions
have had a severe impact on the lives of!oca!cctnnamitits. Jobs are tost because this method
of coal astracBoa taplayt fit fewer people than deep uriahg. lie losses of jobs meat
communities disappear. I"hose tiiat remiin are damaged fratiier by the blasting. Next come
the rate Floods occur because fere is no vegetation on (he mountains and stream valleys
have been Sled, This is usaafly fl» final blew to a e
Do not be fooled by promias of rcclaroaUoiiSiind flat land for development ?jid new homes.
Nothing bat an aoported weed vsitt ^ow on this "t^alalmed" laad. The feest is gone and
-------
Anthony Fiaccavento
Agatha (Betty) Fleming
- Forwarded by David RiderffO/USEPAAJS on 01/08Q004 03:55 PM —-
ASD
To: R3 MountaintopSjEPA
01/02/200403:59 oc:
PM Subject: mountaintop removal mining practices
January 2, 2004
— Forwarded by David Rider/13/USEPA/US on Ol/CW/2004 01:59 PM -—
Betty 0, Fieming@w
rizon.net To: R3 Mountaintap@EPA
cc:
01/06/2004 03:00 Subject: Appalachia Considerations
PM
Mr John Forreh
US Environmental Protection Agency
1650 Arch Street
Philadelphia, Pennsylvania 19103
Dear Mr, Forren:
Project Managet John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
I was shocked to learn of the EPA's plan to allow mountaintop removal
mining practices to be accelerated and expanded.
Many studies of the impacts of mountaintop removal. Including President
Bush's own Environmental Impact Statement, make clear how much damage is
done to homes, streams, forests and fishing and wildlife through this
practice The proposed new rules will increase all of these problems by
eliminating limits on the size of Valley fills and by reducing a 100
foot stream zone protection area.
Mr. Forren, I live in Appalachia where this mountaintop removal takes
place. Since moving here in 1978, I've seen the scars which this kind
of practice leaves, I have numerous friends who mate their living In
the coal industry and I am a strong supporter of economic development
throughout the coalfields. But economic development need not and should
not continue to occur at the expense of the environment, local farms and
local communities.
I urge you to seek another alternative, one which places strong limits
on this highly destructive practice and allows local communities to
maintain and build upon the natural resource base which they have.
Thank you,
Anthony Flaccsrvento
Executive Director
Appalachian Sustainable Development
1-10
1-7
Dear Project Manager Forren,
It is unconscionable that the Bush administration plans to
continue to let coal companies destroy Appalachia with mining
practices that level mountauitaps, wipe out forests, bury
streams, and destroy communities.
Please reconsider both the environmental and political
consequences on this practice.
Sincerely,
Agatha (Betty) Fleming
456 Riverside Drive
Princeton, New Jersey 08540-5421
cc:
Senator }on Corzine
President George W. Bush
Vice Presklent Richard Cheney
Representative Rush Holt
Senator Frank Lautenberg
1-9
MTM/VF Draft PEIS Public Comment Compendium
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Catherine Fleisehman
Marsha Fishman
Catherine Fleischman
Date: 1/07/2004
City: Canton State: VA
Zip: 23123
Live as comfortably as we do coal, and timber have been harvested.form this state since
its inception. The legacy of this harvest is flow left to the residents. We have the. choice
of living with the remaining ecosystems at destroying them: for the coal left in the
ground. It. makes absolutely no sense to me to remove a mountain for what we "know is a
very inefficient poisonous fuel that we already have the technology to .avoid using. It is
just plain to expensive to sacrifice what is pristine and beautiful for something we do not
need and need to. do without. Please let it be known to this organization that Mountain
Top Removal fot coal is the worst way to support a sustainable comfortable economy.
West Virginia will be much better off saving these mountainst streams, and communities
for low impact farming and recreational industries.
Sincerely,
Catherine Fleisehman
1304 Sports Lake Road
'New Canton, VA. 23123
1-9
DeliveredDate: 0.1/04/2004 Q6:Q6:12.PM
.As a woman, mother, grandmother and American I must state that I am opposed to
ittoufttaintop removal mining and. valley fills!
Please, will our grandchildren or their children see aay beauty in America?
Marsha Fishmati
1275 Bradford
Coppell, TX15019
1-9
MTM/VF Draft PEIS Public Comment Compendium
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Janet Fout
17
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10-6-5
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7>
"PU
-
{
MTMA/F Draft PEIS Public Comment Compendium
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Winnie Fox
t
T"
JUfcJ-
l"T>*' njlAl-^*"
O^p 4 - Citizens
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Luther Franklin
TimFrasine
Forwarded by Dtvid Rider/R3/USEPA/US on 01/07/2004 03:42 PM
Mining
net"
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Vincent Frazzetta
Suzan Frecon
Forwarded by G&vid Rid«/R3/USEPA/US on 01/07/2004 03:42 PM
"vfrazz@jimo.com"
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Barbara Fredrickson
Rachel Frith
13 Rayon Piae Road
Littleton, CO 80127
REC'D JA« 2 2
01/02/04 06:59 PH
Mr. John Fatten
U,S.EPA(3EA30) '
1650 Arch St.
Philadelphia, PA 19103
Dear Mr. Fonsn,
IdoaotsapportAlt«i*ttwl,2,or3«sdesera>edJiia»dmftEISt«part.Nt»eof*8S8e I J«
options win protect Appalachian fcrests, wgter, or communities, to particular, I oppose '
the proposal to eiinnu^etfas sijeajs feuife?*zone rule that prohibits miaing activity withia
100 feet of steam. This rule should be strictly enforced for valley fills and in all other
Leveling mountains aad burying stream* is wrong and must stop.
1-10
Dear Mr. Forren,
i am concerned "to learn that thste are proposed changes by the Buch
Administration to ralax or do #w-ay with th^s rule that mi nine? Impacts
must not come within ICO feet of streams. Mining c^Bpanies ntust be
held
accountable for Lh** environitsentcal daftrage that they do™ we should not be
making it easier for thsia cc destroy and pollute. Please keep the
st r ictar ^t.anda.f'd In pl.ace. Thank you for your at tent i op ,
1-10
The Fredridaon Family
MTM/VF Draft PEIS Public Comment Compendium
A-970
Section A - Citizens
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DonGaines
k'orwsrded by David Ridei/R3/U3EPA/US on 12/18/2003 05:21 FK
91 e*£-flsr« j 1 £ & ne to, c&
B- To:
M-->u n t a i n t op i| E C-A
R3
that ther eumu lat ive impsc t of the
ffiountalntop rsacral is addressed.
Sincerely,
don daines
rt f 1 box 65
annona, Texas "5550
9-2-2
I am >?r it ing to urge the Bush administration to protect our
mountains and streams from mountaintop removal coal raining* I «,m
outraged that the draft Eswiroritaental Imps-it Statement (EIS) or*
moimtaintop ratio val proposes r4o limits on this destructive
practice, even Chuugh the aiudy clearly concludes that the
frriv ironstetital effects of rftountsintop removal are devastating and
1 understand that, the draft El 3 concludes that n<,or© than 1, 200
ml 1 e;? of streair?* have been dattsanBd or destroyed hy mountain too
icsmoval . It also concludes "uhat 1 • 4 million acien oH forests
could be ijTipactecl, aionj with as many as 244 species ot
wi 1 d.I : f a. Fi nal ly, it saya r.h^t v^i thout acid i t ional ] imi t ®,
another 350 square niilea of rrioun tains, streajns and fof^szs v;ill
be d^strcygd by u'-ount tain top removal.
In light of these clear facts, I aro shocked that the draft EIS
states that the Bush administration* s preferred alternative is
to &'EA&i;K exist lag environniefdr:.al prc-tecticrts. It v*ould allov-?
piountAi ntop rcft'QVo 1 and arrsoci at.ad vnlley fills to accels^rate by
proposing to streamline the permittinc; process. Arid it proposes
to roil back: an important surface mining rule that preventa co^i
coi?'ip.nn i ss from di tjturfoircf arftOf." w1 thi n 100 foot of streams. This
"preferred alternative" ignores your ov-?n studies detailing ths
devastation caused &y mountaintop removal coal mining:
I urg*3 the Bush aditini strati or. to consider alter "Dative 3 that.
r*ouce the environmental Liipactsr o£ w-oun tain top removal, and to
i^lejaent these n'ieasures n&sdad to protect the envlronnK;nt ar.d
ccs.rsnunit.ies of Appalachia. In particular, I urge the
«-±air:isti:ation to ccnsicler restrictions on the size of valley
fills to reduce stream and forest loss. Thes*? alternatives stsuat
DC evaluated for individual projects- && wo 11 33 regionslly so
1-5
1-10
1-8
9-2-2
MTM/VF Draft PEIS Public Comment Compendium
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Pash Galbavy
Francis Gallagher
Forwarded by David Rider/R3/U'SEPA/US on 01/07/2004 03:42 PM
et"
-------
Marie Gangwish
Steven Gardner
1-10
MOUNTAINTOF MINING EIS COMMENTS
Submitted by:
J. Steven Gardner, P.E., P.S.
Engineering Consulting Services, Inc.
340 South Broadway, Suite 200
Lexington, KY4050S
859-233-2103
The debate over the legality of Mountaintop Mining (MTM) has now raged for many
years and some have attempted to turn it into a morality play. Issues of morality are
present in many aspects of out lives and not surprising people disagree on what is moral
and what is not. Many good people disagree on several fundamental issues from what is
marriage or relationships between two people to what is » just ctuse to go to war.
Emotional pleas to ban MTM Iwe been made. Just because someone says something is
true does not make it so. This is a technical issue and engineering and scientific facts
should prevail.
MTM SPECIFICALLY ALLOWED UM0ER SMCRA
MTM is a mining method that the United States government is largely responsible for
creating. I happened to have been starting my tenure in the engineering community when
the Surface Mining Control and Reclamation Act of 1977 (SMCRA) was passed under
President Carter. This act contemplated and specifically allowed and encouraged MTM.
R&D under the Carter Administration's DOB, EPA and BOM helped develop and refine
MTM. I know because I helped work on several projects funded by those agencies.
LONGSTANDING AND ACCEPTED PRACTICES ARE SUDDENLY
DECLARED ILLEGAL
The mining industry has been operating for almost 30 years with the understanding that
these practices were legal and even encouraged by the government. Full resource
recovery and higher land utilization is one of the goals of SMCRA. Many in industry
also felt that SMCRA was designed to provide a coordinated approach to permitting sites
that crossed agency and regulator)' program lines to avoid just the type* of problems that
have now occurred: i.e. a continual reuitetpretation of regulations and insertion of
personal beliefs.
MTM IS TRULY A FORM OF SUSTAINABLE DEVELOPMENT
MTM areas provide one of the keys to the economic future of Appalaehia. One point
being missed in the public debate is APPALACHIAN LANDOWNERS WANT
MOUNTAINTOP MINING) Landowners must approve any plan for MTM or it cannot
take plage. Developments liave been created aad landforrned all over Central Appalaehia
including hospitals, schools, golf courses, airports, industrial parks, prison sites.
12-1-1
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MTM/VF Draft PEIS Public Comment Compendium
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Section A - Citizens
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residential and commercial developments, farms, recreation and wildlife areas, all of this
in a region where level land is scarce. MTM is bringing many ttsiigs to Appalachis thai
other regions take for granted. Some people see these sites today and do not know they
resulted from mining. Wildlife is now more abundant than it was 30 years ago. Mining
has actually helped create wildlife habitats and the resurgence of wildlife populations.
ROCK AND DIRT ARE NOT NECESSARILY WASTE IN THE EPA CLASSIC
SENSE
Much has been made of the controversy over filling streams. Mining can be compared to
road construction. Material placed in hollow or valley fills has been called waste; a term
adopted by engineers over the years, but not waste in (he connotation presented. It is
simply excess rock and dirt placed in engineered and managed fills. Streams are not lost
forever. The water is still there, however new flow paths are created. The vast majority
of these areas are in the upper reaches of a hollow where typically there is no water flow,
comparable to drainage dilches or curbs that control the flow of water in dlies.
SUMMARY AND CONCLUSION
The recent EPA EIS on MTM found that only 6.8% of Appalachia has or even can be
mined by MTM methods, so I hardly think Appalachia is being "decapitated1' as many
editorialists claim. Rather MTM as I have seen it e»n be described as creating "plateaus"
of useable land where there was none. As an Environmental Practioner, 1 strongly
support Alternative HI, as outlined in the EIS as the preferable approach. I feel that
"MOUNTAINTOP MINING IS A VALUE ADDED PROCESS".
10-3-2
5-7-2
1-4
J. STEVEN GAR0NER, P.E., P.S.
Mr. Gardner is President/CEO of Engineering Consulting Services. Inc. headquartered in
Lexington, Kentucky. He holds graduate and undergraduate degrees from the University
of Kentucky in Mining Engineering and Agricultural Engineering, respectively, plus a
graduate level Environmental Systems Certificate. He is a licensed Professional Engineer
in Kentucky, West Virginia, Virginia, and Tennessee, and a Licensed Professional
Surveyor in West Virginia. His twenty-eight years of experience includes Bethlehem
Steel mining operations in Kentucky and U.S. Coal Co. in Tennessee. He has worked as
an engineer and manager in both mining operations and consulting engineering, as well
as having served on a mine rescue team. His consulting practice focuses on mining and
quarry operations, due diligence studies, sensitive laud use issues, reclamation liability,
environmental, health and safety issues, and industrial heritage projects. He was a co-
editor and contributor to the "Coal Mining Reference Book" published in 1997, served as
a reviewer of the National Research Council's publication, "Coal Waste Impoundments;
Risks, Responses, and Alternatives" and is a continuing contributor to
JOD£^§Ise£llI$£JIlJsMi*EIE- ^*- Gardner is active in the Society of Mining, Metallurgy and
Exploration (SME) and just completed a th ree year term as Vice President of the
Southeast Region, member of the Board of Directors and Executive Committee for the
12,000 + member organization. He was the 2003 recipient of the SME Government,
Education and Mining (OEM) Award given in recognition of "...enthusiastic support, of
GEM activities and for educating the public by partnering with school districts and
university systems to provide more information about the mining industry." He was
recently appointed to the Kentucky State Board of Licefisure for Professional Engineers
and Land Surveyors by the Governor.
J. Steven Gardner, P.E., P.S.
Engineering Consulting Services, Inc.
340 South Broadway, Suite 200
Lexington, KY 40508
859-233-2103
MTM/VF Draft PE1S Public Comment Compendium
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Dawn Garten
Forwarded by David Rider/RMJSEPMJS oa 01/09/2004 03:54 PM
Dawn Garten
To: R3 Mountointop@EPA
cc:
01/06/200401:4?
Subject; Comments on draft BIS on mountaintop removal
mining
PM
January 6, 2004
Mr. John Forren
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103
Dear John Forren,
1 am a citizen of Kentucky, born and raised here. 1 have grown up with the effects of coal
mining a harsh reality in my life. It is not fair that my people and the quality of our lives are
sacrificed for the production of electricity. I whole heartedly agree with the draft statement
below these, my own words. However, I wanted to add my own words so that you can put a
burntm being with this request. Before you undo the protections that have been provided tor our
land and people, I urge to visit Eastern Kentucky, particularly Chavies in Perry County,
where I am from. It is a beautiful place. You need to drive in so that you can see the beauty, and
fly out so you can see the devastation. Visit with my grandmother, but be sure to wipe the seat
clean before you sit, as the layer of cool dust on the chain will stain your clothing. And as you
wipe that out. and you look into the eyes of an old woman who has worked lard to be a good
mother and wife all her life, consider that the filth you prevent from getting on the seat of your
pants coats her lungs and took the life of her husbaiul and killed her first born son. And then try
to put the good of coal against the bad. It is clear that your administration feels that sacrificing
American lives for a 'greater good' is a necessary evil; we are, after all, at war. But defense from
weapons of mass destruction and sacrificing lives for the production of electricity, they cannot be
compared and to do so is an insult to the lives of the Kentucky men and women who have lo»t
their lives in the present and past wars; people who were fighting for the rights of their
families, only to have those rights set aside for the plundering of their land and their lives.
I am upset to leant that the Bush administration plans to continue to let coal companies destroy
Appalachia with mining practices that level mountaintops, wipe out forests, bury streams, and
destroy communities.
According to the administration's draft Environmental Impact Statement(EIS) on mountaintop
removal coal mining, the environmental effects of mountaintop removal are widespread.
devastating, and permanent Yel the draft BIS proposes no restrictions on the size of
10-4-2
1-9
1-5
valley fills that bury steams, no limits on the number of acres of forest that can be destroyed, no
protections fot imperiled wildlife, *nd BO ssfeguwds tot the eorttmiatties of people that depend
on the region's natural resourees for themselves ittd future generations.
The Bush administration's "preferred alternative" for addressing Ihe problems caused by
mountaintop removal coal mining is to weaken existing environmental protections. This
"preferred alternative" ignores the administration's own studies detailing the devastation caused
by mountaintop removal coal mining, including:
- over 1200 miles of streams have been damaged or destroyed by mountaintop removal;
- forest losses in West Virginia have the potential of directly impacting as many as 244
vertebrate wildlife species;
- Without new limits on mouutaintop removal, an additional 350 square miles of mountains,
streams, and forests will be flattened and destroyed by mountaintop removal mining.
In light of these facts, I urge you to consider alternatives that reduce the environmental impacts
of mountaintop removal. Thank you for your consideration of this important issue.
Sincerely,
Dawn Garten
3300 Tahoe Rd
Lexington, KY 40515
USA
1-5
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NiallGartlan
LydiaGarvey
Foiwarded by David Ridcr/R3/USEPA/US on 01/30/2004 11:21 AM
Comcast Mail
cc:
Subject: Please oppose mountain-top removal mining and valley fills!
01/12/200411:50
PM
Mr, John Forren
U.S.' EPA (3EA30)
1650 Arch SL
Philadelphia, PA 19103
I am completely opposed to maun tarn top-removal mining and valley fills, l"he massive
damage wrought upon people and the landscape as a result are unacceptable. These
practices bury important headwater streams, destroy biologically rich forest ecosystems,
damage drinking-water sources used by millions of people, cause frequent and severe
flooding^ and wreck the quality of Hfe in Appalachian communities. Leveling mountains and
burying streams is wrong and must stop.
I welcome scientific studies that document the widespread and irreversible damage die coal
industry is doing to Appalachian Yet this HIS rejects—-without meaningful consideration—
speclhc restrictions on the use of valley fills. These restrictions could be based on si&e of the
fillj cumulative impacts, types of streams affected, or value of the aquatic resources in the
region.
I am opposed to any changes that would weaken the laws and regulations that protect clean
water. In particular, I oppose the proposal to eliminate the stream buffer-zone rule that
prohibits mining activity within 100 feet of streams. [.Alternatives 1 and 3 would eliminate
the rulej while Alternative 3 would "clarify7' it by saying that, it does not apply to valley fills.]
This rule should be strictly enforced for valley fills and in all other cases.
1-9
1-7
1-10
I do not su|)port Alternative 1,2> or 3 as described in the KIS report None of these, options J -.
will protect Appalachian forests, water, or commtmttie-s. j
Thank you,
Niall Cardan
OX\\ \ rp rM r W/YVAT^, is
Sn I & ^^S
4-2
1-10
MTM/VF Draft PEIS Public Comment Compendium
A-976
Section A - Citizens
-------
Glenn Gaskill
Suzanne Gayetsky
_ r
REC'D OCT 1 52003
Box 21.5
Mabscott, WV
25871
Oct. 9,2003
Mr. John Forren, US EPA
1650 Arch St.
Philadelphia. PA 19130
Regarding the EIS on mountaintop removal:
I grew up on a dairy farm in Eastern Ohio. We had strip mines all around us; they left
behind Mghwalls, deep ponds where almost nothing lived, orange water in the creeks, and
a land that would barely grow pokeberries, let alone trees.
When 1 moved to Whitesville, WV in 1976,! thought, "they know how to mine coal
here." The mines were deep in the mountain, the creeks and rivers below them didn't
seeni to be polluted, and whole communities were based on those mines.
After living away from WV for 20 years and then corning back in 1999,1 realized that
strip mining had come back, with bigger everything. I couldn't believe the Coal River
Valley. It was gone. The places I used to hike and canoe are now either flood-ravaged or
filled with rock and rubble. 1 visited Larry Gibson's place on what is left of Kayford
Mountain. Even his dead relatives aren't safe there, the flyrock bouncing off the
headstones and the graves sinking from the mountain being cut away from the cemetery.
I have followed closely the attempts by WV Highlands and Ohio Valley
Environmental Coalition and others to slow this destruction, and the attempts by the coal
companies and all their business and political cronies to speed it up. So regarding this
document, which ideally would itemize tntr's effects and provide alternatives, it smells
badly.
I disagree with all 3 alternatives provided by this statement They are not alternatives at
all, to anyone who loves the land.
1 am offended that this proposes to do away with the provision for no mining within
100 feet of streams.
I propose another alternative; embrace the spirit of the clean water act and decide that
if coal cannot be mined economically by underground mining, leave it in the ground.
Yours-Truiy,
$L
Glenn Gaskill
1-9
1-5
1-8
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MTMA/F Draft PEIS Public Comment Compendium
A-977
Section A - Citizens
-------
Mary Gee
Melissa Gee
.REC'D
7/17/03
John Forren
US EPA/3ES3{p
1650 ArcnSfrest
Philadelphia, Pa. 19103
In your Environmental Impact Stalament & Forest Management Plan, please include strategy to STOP
MOUNTAIN TOP REMOVAL, vailey Mils, logging, ourning/mitttng/mowing, herbicides and recreational
vehicles phis heavy equipment use in oiir tests! These practices, AKA environmental terrorism, are an
attack on each one of us as well as on oar precious home, mother earth. Mother nature is not just»
spendable resource. It's the centering force in our web of vital life forces. There is no earthly reason to
control the awesome farces of the natural world to live together wisely OB this earth at petce with
ourselves.
Very truly
1-8
Ms.Maty
56 j One Run
Lexington, Ky. 40505
jBeeember 15,2003
. Mr. John Forren EPA "*"" ' " ""**
U.S.6PAOEA30) " ~"f
ISSOAreilSt.
Philadelphia, PA 19103
Dear Mr. John Forreri EPA,
It is unconscionable that the Bush administration plans to continue to 1st coal companies destroy
App&laehia wish mining practices that leva! moustaintops, wipe out ibrasts and bury streams in the valleys
behw, Moirataifttop removal roinfeg and valley iilisshould not be allowed and the kws and regulations
tirat protect clean water must aot b® weakened. la parttcular, I oppose the proposal to change the stream
buffer zone rule that prohibit mining activity withto 100 feet of streams. This rule should be stietly
enforced tor valley fills and is sli other cases.
1 am a native of West Vkgiraa Md still have relatives whom I visit often. I am proud of my heritage and 1
love my native state, t am sickened by this display of corporate greed and t0tal disregard for hataan life
and our need for cieafi water.
1-9
1-10
YOU MUST not allow this cbstrufitfen U> mHtinut because tere is ample evidimce that the practice of
Riling valleys and streams with waste is damaging to the enviroment and the commaaitias of
Please do not weaken fee laws thai are meaat to prtsect Appa^ians but please eaiforce regaktioos
hole! tafefeg cosipBiif^ ao^oistable fbr tbeif actleais.
fte strem buffa zone nj
Please help do the right flting for oar chfldrea's fissire, I arge you to rejeta ftiis proposed rule chaege and
do alt ia your jrower to protect the Appalachian mountains.
Ul View Dr
Beoa^KC 28607-7951
MTM/VF Draft PEIS Public Comment Compendium
A-978
Section A - Citizens
-------
Ms, Gee
DanGeiger
REC'D JMU8
^net/en
1-9
Dan Geiger
cc: "Wilson, Jeff
, "Caylor, Bill"
08714/03 04:10 PM Subject: Draft EIS on mouuintop cod
mining and associated valley fills in Appalckia
John Forren
U.S. EPA
1650 Arch Street
Philadelphia, PA 19403
Dear Mr. Forren:
Please accept these cotuttieats concerning the dtaft mountaintop EIS and
include them as part of the public comment record.
I am Vice President, Enginfietiag at fames Rivet Coal Service Company, a
subsidiary of fames Rivet Coal Company (JRCQ. JRCC operates
underground coal mines in six East Kentucky Counties and employs some
1000 people.
'Hie valley fill controversy has been characterised as effecting mainly
mountaintop removal surface mining. It has even been said that ceasing
raountaintop mining would be no loss because die coal and employment
could be replaced by uadetgmtind mining. This is simply not true.
Underground mines depend on valley fills jtist as much as surface mines.
Deep mined coal is mixed with extraneous material, mainly sandstone,
shale, and clay. 'Ibis raw coal is too high in ash and too low in heat
value to be sold to electric utilities and must be processed to remove
the impurities.
The resulting rock and coal/clay fines must be disposed of in a safe,
permanent, economical location. Due to the mountain/valley topography
of Appalachia, the only practical place to store this material is at the
heads of valleys in refuse piles and coal shiny inipoundtMents.
It has been suggested that this material could be used to backfill old
high walls or placed on reclaimed mountain top mines. While this might
11-1-2
13-3-5
MTM/VF Draft PEIS Public Comment Compendium
A-979
Section A - Citizens
-------
Andy Oelston
be practical occasionally, usually it is not. Coal preparation plants
a.re generally built in volleys while surface mines are usually a
considerable distance away, both horizontally and vertically.
Most alternate schemes can be made to work if cost is not an issue. If
deep mines have no practical method of waste disposal, they will be
uncompetitive in die market place and cease to exist. Deep mines need
valley fills.
Dan Ociger. P.K.
Vice President, Engineering
James Rive Coal Service Company
1374Hwy 192E,
London, KY 40741-3123
13-3-5
Forwarded by David Rider/RJ/USEPA/US on 01/08/2004 11:39 AM
R3 Mountaintop@EPA
To:
''Andy .1. Oelston™
cc:
Subject: Please amend the draft E1S on mountaintop removal coal
mming
01/05/200401:36
PM
Mr. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Email: mountaintop.r3@epa.gov
Dear Mr. Forren,
Please consider amending the EPA's draft environmental impact statement
to limit the environmental impact of mountaintop removal mining. 1 was
surprised to learn that the Bush administration plans to relax existing
limits.
The draft EIS posits that the environmental effects of mountaintop
removal are widespread, devastating and permanent, so the draft EtS
should contain restrictions on the size of valley fills, limits on the
number of acres of forest removed, protections for wildlife habitat, and
comprehensive planning for the local communities that depend on the
region's natural resources. With the modem underground coal mining
technolojpes available today, I see no reason why the Bush
administration proposes weakening existing environmental protections and
allowing mountaintop removal and associated valley fills to be
accelerated.
The Bush administration would better represent the public's interest by
implementing alternatives that reduce the environmental impacts of
mountaimtop removal and protect unmined natural resources and
communities in Appalachia. Please amend the draft EIS in accordance
with the E and P of your agency's anagram.
Best regards,
Andy Gelston
-------
Mike George
Corporate Headquarters
217 Billings Farm Road
White River Junction, VT, USA 05001-9486
TEL: (802) 296-2321 ext, 226 FAX: (802) 296-2325
E-mail: ajg@couceptsnrec.com
visit us at: www.concept.snrec.com
This email irseasage and any attachments are for the sole use of the
intended recipients and may contain proprietary and/or confidential
information which may be privileged or otherwise protected from
disclosure. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipients, please contact the
sender by reply email and destroy the original message and any copies of
the message as well as any attachments to the original message.
-— Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM —-
"nrikeg@iil.edu"
-------
Meagan Gibson
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MTMA/F Draft PEIS Public Comment Compendium
A-982
Section A - Citizens
-------
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MTMA/F Draft PEIS Public Comment Compendium
A-983
Secf/on ^ - Citizens
-------
Christopher Goddard
GayGoforth
REC'D DEC 2 9.
3815 Brookview Road
Austin, TX 78722-1323
January 19, 2004
Mr. JohnForrea
U.S.EPA(3EA30)
1650 Arch St.
Philadelphia, PA 19103
December 20,2003
Subject: Please Stop Destructive Slip-Mining
Dear Mr. Forren,
I recently read an aitiete about the horrible conditions bom for the people and the
environment ihat are being created in the Appalachian mountains through the practice of
strip-mining. Streams are being heavily polluted or even buried. Surrounding forests are
destroyed. The health of the people in the region Is declining as well. The ever-present
dust in the air in some areas causes people to develop asthma or other rang problems.
Strip-mining may be a major source of income, tat what is being lost in the process?
American citizens in this area are suffering to send coal and the majority of profits out of
their community, irreparable environmental damage is being done as well.
Please, 1 ask that yo« do what is right and protect the people and environment of
Appalachia, 1 do not support Alternative 1,2, or 3 as described in the draft EIS report.
Noae of these options will protect Appalachian forests, water, or communities. In
particular, 1 oppose tiie proposal to eliminate the stream buffter-mne rule that prohibits
mining activity within 100 feet of streams. This rule should be strictly enforced for valley
fills and in all other cases.
Leveling mountains and bwymg stteams is wrong and must stop. Please act for 1he
people and the land.
Sincerely,
1-9
1-5
1-10
Christopher Ooddard
18012201 RawlingsHaU
Gainesville, FL 32612
Mr, John Forren
Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N. W.
Mail Code 3213A
Washington, DC 20460
Dear Mr. Forren:
I oppose the proposal to change the stream buffer zone rule that
prohibits mining activity within 100 feet of streams. This rule should
be enforced for valley fills.
I cannot imagine why the federal government is proposing to continue
allowing coal companies to destroy a functional, beautiful part of our
country by blowing up mountalntops and forests, and dumping that
land in the rivers below.
The laws and regulations that protect America's land and clean water
must not be weakened, as this practice does—they should be
strengthened.
Last summer, my husband and I went on a car and camping vacation
through West Virginia. Mountaintop removal will ruin the health and
beauty of the land and water of that state plus others. This in turn will
hurt the state's economy.
I strongly oppose this terrible practice and the further proposed rule
change to remove whole places of mountains and ruin the forests,
rivers, and valleys. This benefits only a few people—the principals of
mining companies.
Surely compassionate conservatism doesnt Include this! I want my
tax dollars spent on protecting America's wonderful natural land,
wildlife, water, and air resources.
I urge you to oppose the mountalntop/dumping practice.
1-10
1-9
Sincerely,
Jwb
Gay Gofortff
MTM/VF Draft PEIS Public Comment Compendium
A-984
Section A - Citizens
-------
Crystal Good
Donny Good
Forwarded by David Ilider/R3/USEPA/US on 08/21/03 11:08 AM
CGoodwoman@aQl.co
m To: R3 Mountaiatop@EPA
cc:
08/14/03 03:40 PM Subject: Mountain top removal comments
PLEASE STOP MOUNTAIN TOP REMOVAL.
Crystal Good
8 Arlington Ct
Charles ton WV 25301
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MTMA/F Draft PEIS Public Comment Compendium
A-985
Section A - Citizens
-------
Joanne Granzow
Katherine Green
1-9
1-10
Lexington Herald Leader
I was appalled to read that the environmental agency is now considering mountain top
removal (strip mining) for coal.
Our country is coining apart at the seams now. Why add insult to injury!
Do those in power realize wliat the consequences are, not only now but also for years to
come to our mountains and the folks mat live in those areas.
Homes are destroyed by mod slides and flooding time after time. Nature took care of the
problems of erosion and disasters until the strip mining was done several years ago. It is
taking years to recover and repair what was lost then.
It will not help the economy for the ones mat need die help but only line the pockets of
the big corporations.
Our roads, railroads, education and energy are being neglected, as is everything else in
our own country. We know where the funds are going but isn't it time we took care of
our own?
I am disappointed in our representatives for not making our state a priory and put party
lines on the back burner for just a little while. Kentucky people have elected them and
their loyalties should be to them.
We citizens must open our eyes and see the havoc that is upon us. Our country we once
knew is slipping away!
We are Americans.
We have shown strength before.
Let us speak out and get involved!
Kathcrine M. Green
Copy to:
John Forren
U.S.EPA(3E530)
1650 Aroh Street
Philadelphia, Pa.19103
Rep. Ernest Fletcher
U.S. House of Representatives
Washington, DC 20515
Pres. George Bush
The White House
1600 Pennsylvania Ave.
Washington, DC 20500
1-10
MTM/VF Draft PEIS Public Comment Compendium
A-986
Section A - Citizens
-------
Margaret Gregg
Robert Gipe
10-2-2
lotaPotref
BPA(3ES30)
650An*St
PA 19103
disappointed and angiy that the federal government ignored its own studies when it
rather tb;m strengthening, protect.'ore; for peopk and (he
and count ray blessings every day
that iave been diiTuptsd, damaged and/
witnessed the tragic upheaval of
destroyed by stflp jMffito||.* ^ -
you for your coastderatfos,
Limestone IN 37681423 257 3875
.com
co: President G.W. Busk
'REC'D SEPO 82083
Robert Gipe
P.O. Box 1394
Harlan.KY 40831
John Forren, US EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
I live in Harlan County, Kentucky at the headwaters of the Cumberland River. We have
had nearly a hundred years of coal mining in our community. We have very little clean
water. We once had plenty.
The draft environmental impact statement on mountaintop removal published recently
by the Bush administration is a slap in the face of everyone who needs water to
survive. It is a malicious, poisonous, shortsighted, misanthropic, hateful, greedy, anti-
democratic document.
I pray that the people who put it before the public will live long enough to see the
errors of their ways and correct them. I pray that the people who wrote this document
never have to drink the greasy black water that comes out of the spigots of people in
the American coalfields. I pray that they never have to pull their sleeping children out
of a home flooded as a result of rain on poorly reclaimed strip jobs.
My message to President Bush and all the f ormulators and enforcers of his self-
serving, callous, cynical, dangerous energy policy is this: I support none of the
proposed alternatives In your environmental Impact statement. I oppose Mountaintop
Removal Mining. Enforce SMCR A the way It was written. Enforce the Clean Water Act
the way it was written.
Good people don't have to get sick and die just so this country can have electricity.
We can do better. Pursue alternatives.
Elected officials are supposed to look out for the Interests of all the people-not just
their fraternity brothers, family friends, and corporate cronies. Quit acting like
gangsters and start acting like statesman. Or pursue another line of work.
Sincerely,
Robert Gipe
1-5
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-987
Section A - Citizens
-------
Karen Grabb
Robert Hallick
Karen Grubb
cc:
Subject: Mining E1S
08/20/03 12:12 PM
Mr. John Forren, US EPA
1650 Arch Street
Philadelphia, PA 19130
Mr. Forren,
Mountaintop Removal destroys streams, contaminates drinking water,
causes
flooding, makes moonscapes out of the beautiful Appalachian Mountains —
some of the world's oldest mountains, causes blasting damage to
residents
homeSj air pollution to residents, destroys hardwood forests and
wildlife
habitats, destroys Appalachian culture and heritage, defies the
executive
order regarding environmental justice for low income people, destroys
jobs
and is environmentally insane.
Mountaintop Remox'al should be stopped now! Ihe recommendations in the
EIS
Statement are a sham in that they ignore the scientific evidence and
recommend
speeding up the process in permitting mountain top removal. No economic
gain can justify the process of mountairttop removal.
Karen Grubb
21 Beverly Circle
Fairmont^ WV 26554
1-9
Robert Hallick
Date: 1/02/2004
City:, West Reading State: PA Zip: 19611
I am happy to learn that the Bush administration plans to continue to let coal companies
change Appaiachia with, mining practices that level mountaiiJtops, wipe out forests, bury
streams, and help eonirftunities. It is important/to do mining for resources, as lo'tig as the
replanting of trees is in effect the mining could very well help the beautification of out
countries mountains•. In light of these facts, I urge you to consider alternatives that
increase the enyiroranetital impacts of mcmtitaintop removal. Thank you for your
consideration of this important issue,.
1-11
MTM/VF Draft PEIS Public Comment Compendium
A-988
Section A - Citizens
-------
Emilie Hamilton
. If JREC'D jJAN 0
M fJ6hn> Torrent
3, 2004
1650 ArchStreet
Philadelphia* PA 19103
Dear Mr f orrery
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1-9
PO Sox/ 52/1 1 Putney Rd-.
teverett, Mi4 01054
413 -54S -9328
MTM/VF Draft PEIS Public Comment Compendium
A-989
Section A - Citizens
-------
HannJ.
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Section A - Citizens
-------
Karl Hanzel
Alice Hardin
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:58 PM —
Karl Hanzel
cc:
Subject: Strengthen draft EIS on mountaintop removal coal mining
01 /Q5/2004 02:02
PM
----- Forwarded by David Rider/RJ/USEPA/US on 01/C-3/J1C04 C2:01 PM -----
bvIOTIS horjrific examples o£ deatiuotIon thi$. h-sis
caused in our country, as well as others.
T am sending a message of an adamant WO to mountaintop mining.
Thank You,
1-9
Sincerely,
Karl Hanzel
736 Wagonwheel Gap
Boulder, CO 80302
USA
MTM/VF Draft PEIS Public Comment Compendium
A-991
Section A - Citizens
-------
Jerry Hardt
Bill Hardy
Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:52 PM
Jerry Hatdt
cc:
Subject: EIS statement MTR
01/05/200410:02
AM
John Forren
U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Fotren,
Given tile imduigs oi the EIS released last May and my own observation and expedience, I
ttnd it absurd that the Bush administration is proposing to ease restrictions on rnountaintop
removal mining. 1 encourage EPA and the administration to reject ail the alternatives
presented in the EIS and move toward a ban on surface mining in steep slope areas and the
elimination of valley fills.
An interim step in this direction would be to simply enforce the law as it now exists.
The preferred alternative represents a total abrogation of die EPA's responsibility to protect
the environment and safeguard human health. It is a total sell-out to big-money interests at
the expense of the people who live in die Appalachian coalfields. It is a statement that
people don't matter and that the administration does not care if the people of eastern
Kentucky and West: Virginia have any future.
I encourage you to read your own study. Pay attention to the findings that the environmental
effects of mountamtop removal are widespread, devastating, and permanent. Pay attention
to the iact that eliminating valley fills would have a minimal economic impact, especially
when compared to the massive negative impacts of not banning valley fills. Remember that
we are not |ust talking about dirt and rock, we are talking about peoples' homes and
communities.
Don't play with peoples' lives and futures as political favors. Reject the HIS
recommendations, strengthen environmental protections and enforce the law.
Jetty Hardt
P.O. Box 697
Salyetsvillc, K.Y 41465
606-349-2593
1-10
1-5
Dear Forren:
1-11
Bill Hardy
MTM/VF Draft PEIS Public Comment Compendium
A-992
Section A - Citizens
-------
Roy Harless, Jr.
Ronda Harper
Mr. Forren,
REC'D OCT28.2BJ
I have lived here in the same place for fifty-nine years,
and watched the coal industry destroy our mountains with
blasting, destroy streams with runoff from mines and
preparation plants, destroy our roads with overloaded coal
trucks, destroy our homes and lives with flooding caused by
broken impoundments, and ruin our health with coal dust
My families water well went dry sixteen years ago because of
mountain top removal blasting. I worked in the coal mines
here for thirty-one years until I was disabled three years ago
and had to retire. I am firmly against mountain top removal
coal mining. -
i
Sincerely,
Roy B. Harless Jr.
HCR 78 Box 5324
Barrett, WV 25208
1 -9
Environmental Impact States'ent oti Mounts in top Restoval
Deai." Hr. tTyirt-stj".
My name is Ronda Haip^r and I live in Hunting-ton, W», My family1;?
homeplaee is ir, Li.nuo.lK County, 5?V. Cur property or. the M;id Paver wa
once aurrou tided by beautiful n^cuntaia wilderness, but it is quickly
ibecoudng a tiay island paradise .surrotmcled by rrieuntaintop destryctioK
The holiowat vrtieie my gi^iidsath^r and giandfaUu-tr, mother/ and uncles
ones walked, -garderied, and hunted are gone. Moat cf the stcea,ms
my
cousins and j wac;i§4 ssnd sv?am as children are cone. As I walk a
1-9
MTMA/F Draft PEIS Public Comment Compendium
A-993
Section A - Citizens
-------
Mark Harris
DeliveredDate:. 01/04/2004 03:55:29:PM
My name is Ronda Harper and .1 live in Huntingotn, WV. My family's hqmeplace is in
Lincoln County,. WV. Our property on the Mud River was once surrounded by beautiful
mountain wilderness, but is it quickly becoming a tiny island paradise surrounded by
mountaintop destruction. The hollows where my grandmother, grandfather, mother, and
uncles once walked, gardened, and hunted 4re gone. Most of the streams where tny
cousins and I Waded and swam as children are gone. As 1 walk along the one last
remaining stream on our property I find frogs, turtles, and salamanders. My heart breaks
for them for soon they will be buried beneath valley, fill. Birds and wildlife are being
driven away along with families who can no longer bear the blasting near their homes
and breathing the clouds of black dust. Our family is trying desperately to hold on to our
beautiful homeplace, but the coal company is making this VERY difficult, West
Virginians who live near MTR sites have been driven, out, flooded out, and. forced to sell
out. Mountaintop removal has to stop.
1-9
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01 :S8 PM —
Mark Harris
oo:
Subject: Fix draft EIS to protect streams from rnountalntc
01/01/2004 07:40
PM
Dear Mr, Forren,
i strongly urge you to add provisions to the EPA's
draft EIS that will prevent destruction of streams by
mountaintop removal mining.
Although the draft EIS recognizes tie problem of
valley fills that bury streams, it proposes no
restrictions on the size of those valley fills.
Rather than act on your own studies, which recognize
the problem of valley fills that bury streams, you are
proposing a "preferred alternative" that weakens
existing environmental protections and allows valley
fills to continue at an accelerated rate.
! urge you to follow through on the Bush
administrations stated commitment to clean water by
adopting alternatives that stop destruction of
mountain streams by mourtaintop removal mining and
then implement those measures.
Sincerely,
Mark Harris
PO Box 682375
Park City, UT 84068
1-10
MTM/VF Draft PEIS Public Comment Compendium
A-994
Section A - Citizens
-------
Erica Harvey
Tracy Hasuga
y,
Qs
a
kj you
th
Va//?.y -f?7/s ,
, Qs
coa
H
s.
,5/9
'5
pwer
pay
to
1-9
— Fotwatded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM -—
"to aring20s_99@y a
too.com" To: R3 Mountaintop@EPA
-------
Marlon Henn
DanHensley
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:52 PU —
Marion
«marlon4|>twcny.rr. To: R3 MountaintopOEPA
GO!T!> CO:
Subject destructive operations
12/30/200311:13
AM
To Whom it may concern;
I do not envy you in your position, being tugged at from all directions.
Big business have there interest and the lonely citizen has only one
voice in a crowd of thousands. I ask you to consider the issues before
you concerning the environment and any destruction to it.
You are charged with a huge reconcilability, but keep in mind that what
you do affects all man kind, not just in the US but all over the world.
At what point are we the US going to be happy with things, the
environment, just the way they are. Are we so starved that we need to
destroy virgin land for the sake of a company to make profits. I think
not. Look beyond your desk, beyond your self and think about all the
people that you will hurt by pressure from the big business that keeps
knocking on your door wanting to bend your ear.
Please do not destroy some of the last remaining treasures we have left.
Respectfully
Marlon Henn
311 N. Collinjjivood Ave.
Syracuse, NY 13206
i-9
:BEC'D JAN 2
ts.
MTMA/F Draft PEIS Public Comment Compendium
A-996
Section A - Citizens
-------
Robert Hensley
J. Michael Herr
Robert M. Hensley, D.V.M.
1025 Creekside Lane Nicholaavilie, KY 40356
859 271-2920
19Augu«t2003
Mr. John Forren
1650 Arch St.
Philadelphia, PA 19103
Dear Sir:
I am opposed to the concept and practice of disturbing the mountain top topography to
mote "efficiently" and "economically" gain tccess to the coal seams thereunder. TMs
approach to mining may be good for the bottom line of the coal companies, but it most
certainly is not for the adjacent environment or its inhabitants.;
Compounding this unconscionable technique is the disruption, if not destruction, of
contiguous waterways with the overburden or spoil. This practice flies in the fece of
existing laws which attempt to preserve, if not improve, the water quality in these areas.
The proposed changes would reduce the 100 foot buffer zone which attempts to protect
existing streams and would exacerbate conditions of many already degraded by mining
activity.
In sum, we must not continue the history of atese of these areas simply for additional
profit It is time that the quality of life for the inhabitants and their environment be given
a higher priority than the profit margins of the corporations causing this destruction.
DeliveredDate: 01/06/2004 05:07:38 PM
I lived and worked in Raleigh and Fay-cite County, WV, for 21 years until moving to CT
in Sept, 2001, and I will never forget the beauty and feeling of the hills of that state.- The
mountain top removal projects had been going on for quite some time, obviously, and
every time there was exposure in the press or by driving by one of the sites there was
always a sick feeling in the gut. The extent to "Which the current Administration is intent
on producing profits for their high-placed friends at the expense of the natural beauty
and ecologically pristine conditions of those mountains is a travesty beyond words. Coal
is useful and necessary; of csiurse. Mine it another way. Period. We can afford it. Stop
this wasteful aiid arrogant process. Now.
LMichael Herr
1-9
1-9
cc:KFTC
MTM/VF Draft PEIS Public Comment Compendium
A-997
Section A - Citizens
-------
Caroline Mice
Susan Hickman
— Forwarded by David RIder/R3/USEPA/US Oft 01/08/2004 01:58 PM —
cjhice@yahoo.com
To: R3 MountaintopQEPA
01*5/200409:46 co:
AM Subject: Don't fill our streams with waste materials
U.S. &A
1/2 0/2
SEC'D JAN 2 S
2i«
Dear Mr. John Forren EPA,
It is unconscionable that the Bush administration plans to continue to
let coal companies destroy Appalachia with mining practices that level
mountaintops, wipe out forests and bury streams in the valleys below.
Mountaintop removal mining and valley fills should not be allowed and
the laws and regulations that protect clean water must not be weakened.
In particular, I oppose the proposal to change the stream buffer zone
rule that prohibits mining activity within 100 feet of streams. This
rule should be strictly enforced for valley fills and in all other
cases.
Sincerely,
Caroline Mice
4353 Main St Fl 2
Philadelphia, PA 19127-1415
If."-
1-9
1-10
Mr,
1-9
1-10
'BEC'D JAN 2
MTMA/F Draft PEIS Public Comment Compendium
A-998
Section A - Citizens
-------
Sanford Higginbotham
Monica Hill
ForH-arded by David Rider/RVUSEPA/US ^n 11/20/2C03 04:42 PM —•—
Q-anforci
Hiyyiiibulisaia To: R3
Mcu n ta i n t op$ E iJA
-------
Marty Hiller
DanitaHines
—- Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM
"hifler@alurn,mit.
edxi"
-------
Robert Hiser
Paul Hodder
—- Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM -—
rbhiserl @aol.com
To: R3 Mountaintop@EPA
01/0-1/200408:45 cc:
AM Subject: Mmmtaintop Mining
After living seventeen years in the Wheeling, WV area and seeing first
hand
the moonscape created by surface mining in Belmont County, OH, I cannot
believe
we an; willing to sacrifice our mountains to the same fate.
I equate this mining method to cigarette smoking, you know that drawing
smoke
into your lungs can't be good for you yet you do it.
The small number of jobs and little tax money derived from these
operation vS
cannot possibly be worth the removal for all time of the beauty and
function
that nature has provided us since the beginnings of time.
Let us Please, for once, use some common sense and make some sensible
decisions for our future generations,
Robert B. Hiser
Elkview, WV.
1-9
Forwarded by David Ridct/R3/USEPA/US on 01/20/2004 09:08 AM
Paul Hodder
cc:
Subject:
01/19/200406:27
PM
I received information on the impending EIS on rnountaintop coal mining and am
wondering if that would also affect the type of road construction going on now in the state
of West Virginia. I've seen the results and thtv view is devastating. My understanding is that.
as they blow the top otf of these mountains that they are also removing the coal so that they
can increase the amount oi acid rain falling on the streams in this part of
Thanks,
Paul A. Hodder
Manager, Software Development
CatalystRx
301-548-2956
phodde c@c atalysttx.com
okO.bmp
MTM/VF Draft PEIS Public Comment Compendium
A-1001
Section A - Citizens
-------
Sharon Hodges
Steve Hodges
1-10
Forwarded by David Ridet/R3/USEPA/US on 01/12/2004 02:49 PM -
Steve I lodges
cc:
Subject: motmtaintop removal
01/06/2004 04:34
PM
John Forren
EPA
Dear Mr. Forren,
I oppose mountaintop removal and valley fills and any change in the nile
protecting stream buffer ^ones. I am disappointed and angry that the
federal government is ignoring its own studies by proposing to .reduce
protections for people and the environment. I demand a new study that
looks at the alternatives to prevent new rnountaintop removal and valley
fill operations and to stop the existing ones within 5 years or by the
expiration of the current miaifig permit, whichever date occurs first.
Sincerely,
Steve Hodges
594 Hoot Owl Hollow
Kyles Ford, TO 37765
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1002
Section A - Citizens
-------
AndyHodgman
Karen Holl
REC'D JAN2S
Mr. John Fojrren
U.S. EPA
Cfasi 17, 2D04
16SO Arch Street
£D>iladelphia, PA 19X03
Dear l£r, .-^orcea,' ."--,. -
Please eonsidar th* permanent ramifications of the proposed weakening
of eavicoBinsstttal policy regarding isountaintop strip laining foz coal. It
is iterative that we protect our resources despite efforts to the
contrary by fch« currant pcesitienfeial administration to do otherwise- It
would be v«ry disappointing ,to find out in the future that the trickle
down effect wer& even more harmful 'than now believed by such a
practice. I do not believe the ftnvironHiftnt is worth sacrificing in any
instance aad natch l«ss tot the strip mining of coal mimed by'such Ki&atis
as blowing the tops off jsotrntaifts . It ia toifarfctmate titat the • political
cirdaasta&ces currently dictate a weak emvlrommental policy but it is '
tima to stand up and take jaotice whether Democrat or Rrap-ublican and
this would b« a step in the right direction.
Regards,
Andy Hod^fman " " ' , - .
1911 W.. BelX&.Blaiae Av«
Chicago, 1L. 60613
1-10
UNIVERSITY OF CALIFORNIA, SANTA CRUZ
BEftKELEY • DAVIS . iBVINfi • LOS ANKEUHS > MSOD • RIVERSIDE • Mff CaSGD •
,BB®'D JAN 2
6 2Ml
January 20, 2(K)4
JohfiFoiTBIl
U.S. EPA (3BS3Q)
1650 Arcli Ste^:
Philadelphia, PA 19103
DearMr.Famut,
1 am writing in opposition to the Bash administration plans to continue to let coaj companies
destroy Appakchia wife ifitoiug practices that level moantalntops, destroy foresls and tmry
streEHES M the valleys below. Eves the administration's drali BavtoaaMKoSd. taipact Stat«saqt
(BIS) cm moontaintQp removal coal ralBmg acknowledges that Use envimsineatal effects of this
practice are devsstatmg and pennaseat As a scientist wtso b^i studied ecos^^saai r«covery after
mining I ksow ti^ extent of the effects of tege-sc&Ie co&l surface ujjiri^ Evm mds^ the best
of conditions recovery of these ecosystems can be stow, bat whea large areas of forest are
cleared dispersal of aeeds to colonize fee areas is smtmai wMeh may impede recovery ftirther.
Tnestreamsin tMsrcgi
-------
Mark Homer
I urge you to show soipe common sense and prevent the loosening of regulatiotis that help to
protect the people and ecosystems of this regbu tea tills devastating practice.
Sincerely,
/£,— a. fbtf
Karen Holl,Ph,D,
Holl, K, D, 2002. The effect of coal suriaw sine revegetatiott practices on long-term
vegetation recovery. Journal of Applied Ecology 39:960-970.
Holl, K. D. and J. Cams, Jr. 1994. Vegetatianal community development on reclaimed
coal sur&CG mines in Virginia. Bulletin cf the Torrey Botanical Club 121:327-337.
December 16,2003
Mr. John Forren EPA
U.S. EPA (3EA30)
1650 Arch St
Philadelphia, PA 19103
Dear Mr. John Forrea EPA,
It is unconscionable that tfie Bush administration plans to continue to let coal companies
destroy Appalacbia with mining practices that level mountaintops, wipe out forests and
bury streams in the valleys below. Motmtatatop removal mining and valley fills should
not be allowed and the laws and regulations that protect clean water must cot be
weakened. In particular, I oppose the proposal to change the stream buffer zone rule that
prohibits mining activity within 100 feet of steams. This role should be strictly enforced
for valley fills and in all other cases.
The federal government has ignored its own studies on protections for people and the
environment I, therefore, do not support any of the three alternatives contained witbin
the Environmental Impact Statement Report All three options will make it easier for
companies to destroy streams, endangering wildlife and nearby communities.
Once they are gone, they will be gone forever.
~~~a&r* Note: I am a native Philadelphia!!, graduate of Central High School and the University of
Pennsylvania. 1 would not want Tennessee's beauty destroyed any more than I would
Pennsylvania's.
Sincerely,
1-9
1-10
1-5
Mark Homer
601 S Peters Rd
Apt 55
Knoxville, TO 37922-4358
MTM/VF Draft PEIS Public Comment Compendium
A-1004
Section A - Citizens
-------
John Honeck
John Hopkins
DeliveredDate: 01/05/2004 12:52:43. PM
The way coal is removed in Mquntaintppremoval mining needs to be changed from the
way it has been done in the past: Personally I would like to see it .stopped altogether. But
I know that is not a .reality today. The extractive industry, «a well as all those in. the coal
consumption chain, need to make their companies as environmentally'benign as possible.
It is my understanding/that in the past enyirottnientaj laws have been broken by
companies practicing rrwuntaiatep removal mining. This needs, to stop, not by rewriting
the law so that illegal practices can be made legal (every criminal would want that), but
by enforcement and prosecution.
Motmtaintop removal is not only extremely eiivirSftnieritaily degrading but it also has
serious consequences for the communities around the mine. This societal dimension, also
needs addressing. I believe that even if the coal extractive companies were to be
environmentally and socially.eonscieace coal would still be very competitive with other
enetgy .sources. Thank you, John Honeck J15
W Newhall #7, Waukesha WI53186.
1-9
-— Forwarded by David Rider/RMJSEPA/US on 01/08/2004 01:48 PM -—
John Hopkins
To: R3 Mountaintop@EPA
cc:
01/06/200404:14 Subject: Comment on mountaintop removal mining EIS
PM
I oppose loosening rates on mountaintop removal mining.
Of all forms of resource extraction, large scale surface mining has one of the longest lasting and
most radical impacts on the land. Timber, gas, or petroleum extraction can have severe impacts,
expecially if not managed properly for environmental considerations, but most of the impact of
these activities will fade after a few hundred years. With MTR mining, the alteration of the
natural landforms, rocks, tnd streams of the Appalachians will persist on a geologic timescale,
thousands or tens of thousands of years. We arent using these resources to produce durable
goods such as steel—most of it will be burned for a one shot production of energy. And with
regard to development of industry, flood-proof housing, etc. there is enough land surface-mined
already (o allow for hundreds of years of building.
Astronomers have given us magnificent photos of deep space, and physicists concepts of the
infinitesimal. These provide us with glimpses of "the mind of God" (however one conceives of
the creative force behind the universe). These realms remain distant visions to us as humans. But
a human can walk across a wild mountain, one can touch it and smell it. The human world is a
wondrous—and hortifio-part of nature too, but the natural world is uniquely grounding for
mental and spiritual health because it bypasses the immensely tangled layers of human ideas,
goals, and conceits.
The earth doesn't cafe. The loosers will be our children, our descendents. For a party of a eoupie-
of-hundred yeare of cheap energy, West Virginia children of centuries to come will inherit not a
landscape that gives us a peek at the "mind of God" but instead a landscape that is pockmarked
with laadfills and slumping sandtrap-Iike features, a
landscape of human designs and motives.
Now I'm as impure as the next guy, I'm addicted like everyone else to this cheap energy. And of
course, most of the land that isn't uninhabitable in the world i* dedicated to human purposes.
Buts it's & question of degree. Where we we going to stop? How can we start turning in a
different direction so that we don't have to continue shredding wild lands to maintain our
civilization? The tools of late industrial civilization give us the ability to destroy huge areas in
record time.
But they also give us alternatives, too-little discussed and valued, to move in different directions-
-without going back to the stone age.
John H Hopkins
e-mail, wrmfv@yshoo.com
1-10
1-9
MTM/VF Draft PEiS Public Comment Compendium
A-1005
Section A - Citizens
-------
Patricia Hopkins
Pierre Howard
Forwarded by David Wder/R3/USEPA/US on 01,73/2004 09:38 AM
"Patricia R.
HopMfls"
By Mountaintop Removal Mining
To: R3 Mountaintop@EPA
am cc:
Subject: Please Limit the Destruction Caused
2843 Dover Road NortLrest
Atlaata, Georgia 30327
1-9
PffiRBEHOWAKD
01/12/200406:07
PM
Patricia R, Hopkins
75 Raymond Street
Biddeford, ME 04005
January 12,2004
John Forren
US EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Forren:
75 Raymond Street
Cordially,
Patricia R. Hopkins
8-1-2
1-9
(^^C^/^t^/
MTM/VF Draft PEIS Public Comment Compendium
A-1006
Section A - Citizens
-------
Renee Hoyos
Patrick Huber
— Forwarded by David Rider/R3/USEPA/US on 01/23/2004 09:42 AM —-
" re nee (^tcwn.o rg"
< cenee To: R3 M0tuitaintop@EPA
cc:
01/21/2004 08:52 Subject: Support dean waler!
AM
Mr, John I-often
U,$."EPA(3UA3G)
Dear Mr. Forren,
Pksise reduce the harmful effects of mountain k>p removal coal mining to protect natural resources
and eomtmirtitiC'S Kfid do not weaken enyironmental protections that, apply to the- companies that are
conducting mountaintop removal.
Tine draft Environmental Impact Statement (BIS) on motmtaintop removal should be rewritten to
recommend limits on the ske of valley fills that bury steams and imperil wildltte.
1-10
1-7
1-10
Sincerely,
Rente Hoyos
327 E. Quincy Avc
knoxvilk.TN 37917
Patrick Huber
721 B. 11*81
Davis, CA 95616
Dew EPA:
I am writing ia regards to the mining technique
-------
Barbara Hutchinson-Smith
Barbara
Hutchisen-Smith
Subject: My plea for
John rorxen, Environmental Protection Agency
r.S. FPA (3F,A70)
Philadelphia, PA 191.03
I am lifelong resident ot the state of 5«feot Virginia, the mountain
state.
K€J are a people who feel protected by our mountains and the beauty they
display.
There are many pfeople in this state whose 1 i veil hood is derived from
tourism.
If our ?'tcurttair..3 are allowed to be devistated by the practice of
mountain top
removal who will want to corns to our beautiful state? We sin-ply cannot
statid
by and watch silently while wo are made the energy sacrifice zone for
Airier i ca .
This Ls an obscene practice and must be curtailed completely! am
opposed
to any
changes that would weaksn the laws and regulations that prcr,e.ct our
rivers and
streams from the effects cf mountaintop mining and valley fills. As a
result,
I ani opposed to each of the ali.ernatives evaluated in your May 23, 2003
Knvi rcninerit^: Tjripaot Statement: (BIS) .
Your draft EIS contains indisputable evidence ct tne devastating and
irreversible
envircn.cvsr.tal harm caused by mountain top ninlng. other agency studies
also shew
that, incurs, tain top raining contributes to flooding disasters in mountain
11-7-2
1-10
1-5
4-2
Unfortunately, each of the alternatives in the draft SIS ignores the
findings
of these atudie,:-; and the very purpose of the EIS- to find ways to
minimize/ to
the Kiaxitnujn extent prsct icai, the environmental con sequences of
tneu n t a i n t op m I n i n g.
7he draft EIS does not examine a single alternative that, would reduce
those impacts.
Worse, your "p£-Cened alternative" would clearly ii:crease the daraaqe
fro Eft mountaintop
mining by eliminating the Surface Mining Control and Reclamation Act'a
buffer
seme rule that prohibits mining activities that disturb any ares within
100 ffeet
of larQ'&t ^treaius, eliffiimating the current, limit on usino nationwide
permits to
approve valley fills in West Virginia that are larger than 250 acres,
and giving
the Office of Surface Mining a significant new role. in. clean Water Act
permitting
for mount a in top fain ing (a rols- it cioos not have unuer current lav/} .
Our environiiie-ntal laws require, and the citizens of the? region deserve,
a full
evaluation of ways to reduce the unacceptable impacts of mountaintop
mining.
I urge you to abandon your "preferred alternative" and to rssvaluate a
full irancf®
of options that wi 11 minimize the enormous erivironn'iental and economic
damage cau^od
by mountaintop mining and valley fills.
Thank you for your consideration.
Sincerely,
Ea,rt>ar a Hu ten isQii~3ro.i th
211 Dwyer Ln
Lewisburg, WV 24901-1205
USA
bhsonghiidScilynet,net
4-2
MTM/VF Draft PEIS Public Comment Compendium
A-1008
Section A - Citizens
-------
Martha Hutson
Carole Hyre
Forwarded by David Rider/S3/USEPA/US on 01/07/2004 03:42 PM •
Mining
om"
-------
Robert lies
Michael Jablonski
Forwarded by David Ridet/R3/USEPA/US on 01/07/2004 03:42 PM -—
"bobiles@ j uno .com
"
-------
Donnie Jackson
Gordon James
August 4,2003
To whom it may concern:
Forwarded by David Rider/R3/USEPA/US on 01/12/2004 02:45 PM —
Gordon James
cc:
Subject: Strengthen draft EtS on mountaintop removal coal mining
1200/200307:42
PM
I feel the need to express my opinion regarding the draft EIS. I have
worked with the mining industry for many years and feel they are doing I i n i -
a good job in reclaiming the land they mine. This was not the case I ' V"J""
years ago, but improvements have been made and today the land is
much more useful after it is mined. A majority of the water pollution I 5.5.?
comes from garbage being dumped in our streams. Our wildlife
population is on the increase.
Without the coal mining industry, people in Eastern Kentucky would be
devastated. We are among the poorest counties in the nation, and
without the coal industry I do not see how a lot of our families that rely
on the coal industry to provide for them would survive.
I feel the regulations are strict enough and that they are being properly
enforced. I do not believe that a change in the regulations is necessary
at this time.
7-2-2
11-1-2
1-12
December 30, 2003
Mr. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
Please change the EPA's draft environmental impact statement
on rnountaintop removal mining. This is a horrible destruction
of Appalachian ecosystems and beautiful natural areas.
Sincerely,
Gordon James
3036 S. Cherry Way
Denver, CO 80222
USA
1-9
Thank yon,
Donnie Jackson
260 Belles Fork Rd.
Manchester, KY 40962
MTM/VF Draft PE1S Public Comment Compendium
A-1011
Section A - Citizens
-------
Roberta James
Phyllis Jenness
"REC'D A<.'8
2g28B
My name is Roberta James, I have worked for Kentucky Coal Association for over
thirty years, I have seen many changes throuj^i the years, especially in the areas of
reclamation. The industry has turned old mine site» into wild life habitats, airports, schools,
hospitals, golf courses, parks, housing, etc. It has given the mountainous areas of eastern
Kentucky much needed fiat land to improve their economies and has brought more jabs to the
area,
The coal industry is a heavily regulated industry. The coal companies are required by 1 Q_'J_')
law to reclaim the land once mining is done. It is reclaimed to equal of better than status then
before mining began. Kentucky has had many years of raceesg
-------
John Iodine, Jr.
REC-DOEC2S
24
TtS 31830
W..S Ew>
1-5
US,
'
f>l^^
8-1-2
MTMA/F Draft PEIS Public Comment Compendium
A-1013
Section A - Citizens
-------
Emily Johnson
Jane Johnson
iro;n Mountaintop Mining
11/07/2003 09:12
PK
Jane Johnson
82AntiochRd
Crab Orchard, TO 37723
JULY 22,2003
"REC'D JAN2328M
nge that v.ould weaken Lhe laws arid .recmlaLions
that
p.u>tw;t: cur r! vers and 3tre?Mr>s f rest th^ effects of mount.a int.op mi ni ng
and valley
iiiia. A3 a result, I am opposed to each of the alternatives evaluated
in your
Hay 29, £003 draft Environmental Impact Statement {EISJ.
1-10
1-5
JohnForren
US EPA
1650 Arch St
Philadelphia, PA 19103
Twenty-two people have reported that their houses have been badly shaken up by
blasting from the Cumberland Coal Company mine on Smith Mountain in Cumberland
County, Tennessee,
Of these twenty-two peoplea twelve have reported damage to their houses and property.
It is NOT legal to damage houses and property with blasting tern a mine: the Surface
Mining Control and Reclamation Act (SMCRA) requires operators to design a blasting
plan which will prevent injuries to persons and property outside tie Permit Area, legal
number 30CFR817.67.
It is extremely important that the above law, 30CERS17.67, be enforced.
Sincerely,
9 I I
^A XWwA*—•
-------
John Johnson
Andrew Jones
August 1, 2003
John Johnson
Date: 1/04/2004
City: Chattanooga State: TN
Zip: 37401
Will facilitate Destruction: The idea that such a practice as mountain top removal is even
allowed, let alone requires a scientific study, shows just how insane the US Government
and its corporate sponsors have become. It is patently obvious that mountain top removal
is genocide and ecocide of the highest order. Simply, it destroys life,-. Why do you need to
do a study to figure that out? As mountain top a removal destroys all life that it comes
near, both human and non-human, it should be ILLEGAL and abolished. If you profit
blinded fools can not see the destruction caused by mountain top removal and the
subsequent necessity of banning the practice, than, you are no longer worthy of our
respect or your job.. In short, ABOLISH, OUTLAW, BAN'or otherwise make illegal
mountain top removal and ALL other variations of destructive strip mining or RESIGN.
There is no need to belabor the finer points of your draft BIS here. Mountain top removal
~ destroys the living mountain, forest and aquatic ecosystems that make life possible and.
desirable in Southern and Central Appaljichia.
For that reason alone it should be abolished. Mate it illegal or the outraged populace will
make your ineffectual bureaucracy obsolete. Eor the mountains, John Johnson of, but not
.necessarily.for,. Ratuah Earth First, P.O. Box 281 Chattanooga, TN 37401 ps. please put
my US postal address (above) on all future NEPA scoping and comment lists relating gto
mountain top removal in central and southern appalachia. pps. please respond so that I
know you received these comments.
1-9
8fC ? 4
My home is to the heart of your study area and in the belly of the
beast— the beast is the greedy, irresponsible coal barons and the
corrupt regulatory agencies arid politicians that serve as the
minions of this beast
This draft EB is a blueprint for continued assault upon the people
of Appalachia, a declaration of war upon our children, their
children and GOD'S creation. Enough, STOP Mountaintop
Removal, NOW!!!!! HSOJ JKl/Uy Tons fff &fpk>St(£&
CISCO. ir\ %34/-acKia at day?
This EB encourages the coal industry to continue to use — to rape
and take — Appalachia and her people— as a national sacrifice
zone.
This EIS did NOT study the cumulative effects of environmental,
community, human, cultural; health and socio-economic impacts
of post, present and future Valley fill mining. How did you study
the environmental justice impacts in this draft? You did not study
the cultural, communrty, people and property being destroyed by
this mining method, you dismissed ft.
I demand a revised EIS that includes cumulative impacts of
cultural, social, emotional, and spiritual and health problems
of communities affected by Mountaintop Removal
A partial cultural study already exists, this study by Dr. Mary
Hufford is available on the Library of Congress website and Dr.
Hufford—Dr. of Ethnography can be reached at the University of
Perm. Our mountain culture has been her long before the white
settlers came and before
Commercial coal mining began. Our culture will be here long after
the coal is gone!
Q
10-7-2
9-4-2
MTIWVF Draft PE1S Public Comment Compendium
A-1015
Section A - Citizens
-------
It is believed that many people in Mountaintop Removal
Effected communities suffer from Post Traumatic Stress Disorder—
-from blasting and flooding. How dare you dismiss the suffering of
low income and the invisible minority people of central
Appalachia!! How dare you dismiss and defy the Executive Order
dealing with environmental justice, the low income and minority
people.
Your own study says that this area is well above the average in
poverty and unemployment. "Where is the study on socio-economic
problems of the area? Why are the people in the coal rich counties
the poorest? What are the ACTUAL costs to the communities and
people that suffer the effects of Mountaintop Removal? This
mining effects the very poor, the powerless and oppressedpeople.
Economic Development of these artificial sites? Only t> |§of these
destroyed mountains are ever given any economic development for
the affected communities. Where is the study on this?—I want to
see the figures and a study on how much "prosperity" goes back to
Buglar Hollow or Bob White or Montcoal, or any small mining
community.
In the last 6 months, 2 schools in the Coal River Valley,
Both surrounded by many Massey mining permits, was closed.
Sending our children on very, very long bus rides. One was at
Montcoal—Marsh Fork High School-—where is the support—
where's the money? The Raleigh County Board of Educations said
it does NOT receive a red cent from coal tax for education—coal
says it gives—who is lying? I want to see a report on that
The scientific evidence of this study shows that Mountaintop
Removal is environmentally insane, but the recommendations by
the administration is to make it easier for the greedy coal
companies to destroy everything, which leads me to believe that
10-7-2
10-2-2
even worse scientific evidence was omitted from Ms study. Even
so, your report makes an airtight case against your conclusions.
Your report and your conclusions strongly contradict Did a
complete idiot write the conclusions?
AS a fellow Christian I challenge President Bush to come to the
coalfield hollows in central Appalachia and talk with the blasted,
flooded, poor and the oppressed people impacted by Monntaintop
Removal. I ask President Bush to investigate his agencies, No true
Christian would allow these evil abuses to continue. I am sure once
the President discovers these crimes against the citizens of
Appalachia, he will stop Mountaitrtop Removal. NO toe GOD-
fearing man would allow these crimes to continue.
People should NOT have to make a choice between a job now and
destroying their children's ftrture, making their neighbors suffer
and selling their eternal souls in the bargain.
Revelation 11:18
Thy wrath is come, that they should be judged, and that thou
shouldest give reward unto thy servants the prophets and to
the saints and them that fear thy name, small and great; and
shouldest destroy them which destroy the Earth.
HOW VERY, VERY ARROGANT OF MAN TO THINK HE
CAN DESTROY GOD'S CREATION.
MTM/VF Draft PE1S Public Comment Compendium
A-1016
Section A - Citizens
-------
Deborah Jones
Lora Jones
Mr. JohnForren
U.S. EPA
1650 Arch St.
Philadelphia, Pennsylvania
19103
WEC-D
JAW 0 5 2004
Forwarded by David Rider/83/USEPA/US on 01/07/2004 03:42 PM
"twmwj@patrnedia.n
et"
-------
Mary Lou Jones
i ltru,nn£rijk>fi
r
L-^
*i±-^Ju^
eLfifi^aL^uLj a^Ag.'- GjKrx.tgM. ."Maj£r..kJeuJtJ. U^faAi^uA
I-9
I-IO
MTMA/F Draft PEIS Public Comment Compendium
A-1018
Section A - Citizens
-------
TimJones
Richard Jorgensen
—- Forwarded by David Rider/R3/USEPA/US on 01/O7/2U04 03:32 PM
deforest@atisttn.r
(.com To: R3 Moimtmntop(3>EPA
cc:
01/03/200411:02 Subject: Comments on Draft programmatic
Knvwnnmenlol Impact Statement on mnuntaintop
PM removal coal mining
Enviromental Protection Agency En wofttnental Impact Statement
Dear Knvirouiental Protection Agency Environmental Impact Statement,
F'm writing in regards lo Bush administration plans to continue to let coal companies
destroy Appakchia with mining practices that level mounlaintops, wipe out forests
and bury streams iit the valleys below.
Are you freaking. NUTS???
Sincerely,
Tim fones
313 J-one Oak Drive
Austin, Texas 78704
1-9
Mr. Jcto IBrran
OS SPA (3S4JO)
1650 Aroh ».
PMJadaljMa, PA
Dw Slri
Ha- QVW a eentary, sSsoe ^ie ^Du^dlng of the woFlxl'a flr$t
pa2*k» the gjhitdd s&at^a h@is baon a
That Is, obviously, tha wry nlislon »f jear1
Sftas, I find it horritts that our ootmtpy and y««r atanoy should pemlt
the dr&stlo d^frad&tlcm of the Appalaohl&i ecosystom 1
do ov^x^thing in your potrar to |xl&o9 this praotida vhloh
sevsa hundred idlss of streaffis umtar the strlctist
thank you.
1-9
31 Oasa&rar 2003 Rlohard
MTM/VF Draft PEIS Public Comment Compendium
A-1019
Section A - Citizens
-------
Tom Joy
f?EO'D J.FC 3
December 28,2003
Tom Joy
1158 Hlghtop Road, Lot 188
Blacksburg, VA 24060
To: John Forren
U.S. Environmental Protection Agency (3EA30)
1660 An* 8t
Philadelphia, PA 19103
Subject Comment* on draft Mountalntop Removal Environmental Impact Statement (EIS)
Dear Mr. Forren:
I an opposed to mountalntop removal and valley ills. I beli'sve that Ms Immoral and Illegal
method of mining should be hatted Immediately and emphasis placed on developing the
technology to mine thin teams of coal from underground. Alternatively, a method should be found
to compensate coal companies for not mining coal that can currently only bs removed by
mountaintop removal.
My specific comments on the HS follow:
1. The EIS appears to be an attempt at mtsrjirectfon. It largely bypasses the primary
environmental Impact of the mining itself and addresses only the secondary
environmental Impact to contiguous areas that occurs after the mining is over.
2, The BS is based on the ftnpSict premise that afl of the coal that Is present must be
removed. In locations wh©r@ underground mining is not an option, this generally means
mountslntop removal mining. However, to use mourttaintop removal mining requires
accepting an enormous and irrevocable environmental Impact - the total eradication of
tha existing topography, hydrology, and ecology in the areas to be mined and Hied. The
only justfeations provided for this wholesale environmental destruction are the improved
efficiency and lower cost of coal removal. Only the morally bankrupt couM regard these
Justifications as sufficient
3. In the EIS, misgation is proposed as a meaningful response to the environmental effects
of mountaintop removal mining. In reality, the concept of migration Ms completely to
address the extremes of habitat destruction that characterize mountaintop removal
mining. There is no way to miiigats U» total loss of a mountain, valley or headwater
stream, let alone the systematic eradication of thousands of them throughout the
Appalachian region. These entires are unique and irreplaceable, and the esthete,
cultural, environmental, and economic consequences of their destruction can never be
undone. Their loss will be a sad fact of life and a heavy burden to be borne by an future
generations.
4. The EIS focuses primarily on stream loss and downstream hydrologic and ecoicgic
consequences of valley Has. It falls to consider what consequences might result from th®
absence of the mountain that supplied flie fill. What are the possible alterations in local
climatic conditions, e.g., wind patterns, rainfall patterns, rainfall amounts and
temperatures that might occur if one or several existing mountains were to be removed?
S. The end result of the coal-mining methods that are addressed by the EIS, particularly
mountsintop removal mining, must be to alter the topography of an appreciable extent of
the Appalachian Valley and Ridge Province. The BS does not consider how the eventual
1-9
removal of 30 to 40 percent of the mountains might alter regional climtBc conditions and
how that might affect the regional ecology.
6. The EIS should address tha possibility that valley fills may be used to conceal the
unpermitted dumping of non-hazardous and hazardous wastes in addition to mine spoil.
Eyewitnesses have observed large numbers of used tires being disposed of in valley figs,
and it la widely believed by area residents that frequent clandestine dumping of
hazardous wastes &n valley fills also occurs.
7. The EIS should consider as an alternative the use of underground mine® sione to remove
coal. Ml the prized Appalachian regional attributes of esthetics, ecology, and culture
depend on the continued physical presence of the Appalachian Mountains themselves.
Intact, the Appalachians represent an Inexhaustible source of economic and lifestyle
benefits to residents and visitors. By using only underground mines, original contour,
hydrology, and ecology would be largely preserved. Thus, flie most exireme negative
Impacts associated with mountaintop removal mining would be eSminated.
If it is the case, as the EIS states, tot coal seams less than 28 inches In thickness
cannot be mined economically from underground, coal companies could receive a tax
credit or other compensation for "banking* the coal In such areas. This would provide
time for the development of technology that would allow that coal to be mined
economically from underground. If the coai companies were compensated using money
derived from tourism, they would have an incentive to conduct their mining and coal
processing operations in art environmentally responsible manner.
Please feel free to contact me regarding any of then comments.
Sincerely,
9-2-2
Tom Joy
5-7-3
5-6-2
MTM/VF Draft PEIS Public Comment Compendium
A-1020
Section A - Citizens
-------
Edward Kadane
RayKamstra
.... Forwarded by David Rider/R3/USEPA/US on 01/07/200403:32 PM
*tn$pectorl2@aol.€
om'* cc:
Subject; No fo Mountain Top Removal!
01/06/2004 12:43
PM
Please respond to
tkamstra
folm Fotren,
I oppose moutititiiitop temx>val aitd valley fills and arty change in the buffer 2one rule, I | .
I'm disappointed and aiigcy that tke federal govcoinient ignored its own studies when
it proposed weakening, rathet ihan streugthenitig, protections lot people sutd the ] " 1 0
environment.
Sincerely,
Ray K^instra
Maldeti, MA
Edward Kadane
7'134Tokalon
Dallas, TX 75214
nspecfor'l 2@aol,com
MTMA/F Draft PEIS Public Comment Compendium
A-1021
Section A - Citizens
-------
Dan Kash
Barry Katzen
Mr. Johfi Foneu
U.S. EPA
1650 Arch Street
Philadelphia, PA 19103
REC'D JAH1 22004
RE: Comments OK Draft Enviroamenta! Impact Statement on
Removal Mining and Valley Fills.
r. Fen-en,
Never in ^i my years of watching the coal industry despoil our lat^s,
communities have I seen a study about this rogufi iadustry so biased and so cynical as to
dafy bei^f. Even, to aa ifflot the destructive impact of ittoimtaintop racjovai is eye-
popping and hard to believe.
Fiflish yeur sttuly with a Httie hoi^sty. RecoHmMEad wh&t is right, not wto is
politicaily right. We n
-------
ErinKazee
Robert Keiilbach
DelivetedDate: 01/06/2004 04:10:46 PM
Dear Mr. John Forren, project Manager,
Dear Mr. Forren:.
The current practice of mountain top rernoval for easier access to coal is a foolhardy one
that both directly, and indirectly endangers people and the environment they live in.
Any brief research into the topic would show that only detrimental consequences result
from this popular practice; it strips the land of essential.nutrients, robs countless of
species of their homes, and pollutes waterways. The litany of its harmful effects
is virtually endless. This is not even taking into consideration the deleterious effects of
fossil fuel consumption. Even land reclamation projects are not sufficient in remedying
the environments that were entirely ravaged; the original array of species
cannot generally function in the vastly changed ecosystem, and only generalist species
migrate into the reclaimed region. It is a
sign of environmental degradation when an abundance of generalist - not specialist -
species inhabit an area because that signifies
that it cannot support the higher qualities- of the specialists.
The damage done to the environment is irreparable, and this alone should be enough to
prove that the practice's disadvantages far
outweigh its few advantages. As a whole, people often forget that we .depend upon the
land for resources still, and this generation
is not the last. But if we continue to treat the land with sudi disrespect, it will not last far
into the future. John Muk said,
"How glorious.a greeting the sun..gives the mountains!", but at this rate, there may one
day be no .mountains on which the sun can
light its happy beams.
Moreover, the harmful pollutants that are produced by both mining and the burning of
fossil fuels are causing, global warming, as
well as respiratory diseases and other poor living conditions.
Ansel Adams once: succinctly stated, "It is horrifying that we have to fight our own
government to save the environment." However,
this need not be the case. The government has in its power to protect - nourish) celebrate
- the environment. I strongly implore
you to consider what you're doing to the environment - as well as to your posterity and
yourself. Thank you for your time and
consideration.
Forwarded by David Rider/R3/USEPA/US on 01/30/2004 11:21 AM
1-9
< rakmet To:
cc:
01/14/200406:40
PM
R3 Mountaintop@EPA
Subject Support clean water!
Mr. John Forren
U.S. EPA (3EA30)
Dear Mr. Forren,
Please reduce the harmful effects of mountaintop removal coal mining to protect natural
resources and communities and do not weaken environmental protections that apply to the
companies that are conducting mountaintop removal.
The draft Environmental Impact Statement (HIS) on mountaintop removal should be
rewritten to recommend limits on the size of valley fills that, bury streams and imperil
wildlife.
The draft Environmental Impact Statement should not do away with a surface mining rule
that makes it illegal for mining activities to disturb areas within 100 feet of streams.
Sincerely,
Robert Keiilbach
134-28 60 Ave
Flushing, NY 11355
1-10
1-7
1-6
Sincerely,
Erin Rettee Kaxee
Erin Kazee
Rt. 1 .Box 547
Hat woods, KY 41139
erinfcflzee@yahoo.com
MTM/VF Draft PEIS Public Comment Compendium
A-1023
Section A - Citizens
-------
Mary Corsi Kelley
Cindy Kendrick
'REC'D
910 Sunset Road
Ann Arbor, Michigan 48103
August25, 2003
Mr. John Forren, U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, Pa 19103
Dear Sir,
I am wMBng to comment on the unfortunate, vague and inadequate racomrrisnciattons
made for action In response to EIS report regardhg mountaintDp removal mining and
wlley fills.
I am a graduate of Berea College and my mother was a Kentuckian. She would not only
be shocked and dismayed (as lam also) at the wreckage erf her tjaauttuf state but would
want to protest the cavalier way In which the current administrate is "responding" to an EIS
report documenting the extreme damage occurring at the hands of the coal companies in
Kentucky.
Your raport specifies weak and vague aBsmaflves to correct the continuing Irrevereible
damage being done to mountain streams and terrain. Why? Evidence In the report clearly
Indicated a need for a more specific and preventive role for our government
It all bolls down to who lives and loves Kentucky most:
Is It the coal companies with their Mind need for profits In a state tat rain do without this
kind of destructive coal mining?
is It President Bush who has already a long track record of assaults against the environment
to profit big busienss?
Is It lawmakers in Frankfort, whose knees are too weak to behave like they should in
opposing the continual destruction of their state for political gain?
You answer,
Sincerely yours,
1-5
Mary Core Kelley |
Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:39 AM -—
Cindy Kendrick
cc:
Subject: Comments on Mountaintop Removal EIS
01/01/200401:23
PM
Cindy Kendrick
7317DunstenDrive
Knoxville, TN 37931-1804
phone: 865-386-6382
January 1,2004
Mr. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
Comments on Moiintaintop Removal
While pondering the short-sightedness of the EIS on Mountaintop Removal,
I am reminded of the words of Rachel Carson, in a letter to the editor
of the Washington Post in 1963...
... the way is being cleared for a raid upon our natural resources
that is without parallel within the present century.
The real wealth of the Nation lies in the resources of the earth
-- soil, water, forests, minerals, and wildlife. To utilize them
for present needs while insuring their preservation for future
generations requires a delicately balanced and continuing program.
based on the most extensive research. Their administration is not
properly, and cannot be, a matter of politics.
By long traditioBj the agencies responsible for these resources
have been directed by men of professional stature and experience,
who have understood, respected, and been guided by the findings of
MTM/VF Draft PEIS Public Comment Compendium
A-1024
Section A - Citizens
-------
their scienti sts
For many years public-spirited citizens throughout the country
have been working for the conservation of the natural resources,
realizing their vital importance to the Nation. Apparently their
hard-won progress is to be wiped out, as a politically minded
Administration returns us to the dark ages of unrestrained
exploitation and destruction.
It is one of the ironies of out times that, while concentrating on
the defense of our country against enemies from without, we should
be so heedless of those who would destroy it from within.
Forty years later, these words seem written specifically for today's
crisis. We are indeed in a crisis situation. Much of the damage being
wrought upon our natural resources under false or foolish pretenses of
economic growth, national security, energy security, and progress is
irreversible and irreparable. W© ourselves are becoming our worst
enemy, I appeal to you, John Forren, to be one of those "men of
professional stature and experience," to be guided by science and
reason, to take a leadership role to protect those resources that
define our Country - and begin by completely reshaping this miserably
inadequate EIS for mountainlop removal.
Embarrassingly, while the report acknowledges the significant damage
inflicted by mountaintop removal and valley fill, it does not examine a
single alternative that would reduce this damage. In fact, protection is
substantially weakened. While this Administration claims to use science
as a basis for its policies and there is plenty of solid science to show
that mountaintop removal and valley fill are extremely damaging, this
EIS gives greater license to coal companies to behead our Appalachian
mountains and bury our precious streams. I am certainly opposed to
weakening the stream buffer zone rule. In fact, 100 feet is not enough
buffer to protect our fragile stream ecosystems against the acid
leachate and siltation of such massive destruction. The stream buffer
rule - or a stronger version - should be strictly enforced for all
cases, including valley fills.
I am opposed to all three alternatives in the EIS, since none of them
provides reasonable protection for our vital natural resources and
neighboring communities. Since no reasonably protective measures can be
offered to mitigate resulting damage, I am opposed to mount&intop
removal mining, as well as crossridge mining, which would purport to
restore obliterated mountaintops. The practice of filling valleys with
rubble from decimated mountaintops is entirely ill-conceived, and
certainly without scientific basis.
As ! examine this EIS, I «m angry - angry that this irresponsible and
stwrt-sighted set of alternatives is being pt»»h«d forward; angry that
the mountains, forests, wildlife, clean water, and communities of
Appalachia are treated with ill regard; aagry that industry is being
given great power over common people; and angry that voices like mine
these days are falling on deaf ears. I hope you, Joto Forren, will be
different.
Sincerely,
Cindy Kendrick
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1025
Section A - Citizens
-------
Oren Kennedy
Often Kennedy
418N,Fairview
Laming MI 48912
Mr. John Forren, U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Foiten,
I am writing m opposition to the Action Alternatives that are proposed within the Draft
Environmental Impact Statement on Appalachian Moun^dntop MiningTValley Fill permitting.!
rurtfaer support the No Action option test this study, or modifications for Action Alternative I.
As listed in the Federal Register, the reason for this document was "to prepare an E&vironsietitai
Impact Statement to Consider Policies, Guidance, and Processes to Mmimize the Environmental
Impacts of Mountaintop Mining and Valley Fills io the Appalachian Coalfields.1* 1 feel that the
Action Alternatives th^ are proposed within the DEIS do sot mafee a serious attempt for the
ffiiniinizatiGii of environmental impacts. Rather than, an aSampt at impact minimization, the
document stresses ths needs fer permit expediency fbr industry,
I understand that some definitions of terms do need to be standardized betwean the EPA, ACOB,
and OSM However, 1 feet that feis should largely be between the EPA and ACOE, as
traditionally done witfa 404 pemuttiag, with OSM to fee a following agency and accept the agreed
upon deflnitkras aad metrics decided by the EPA and ACOE. It is my understanding that feere are
definitions for acceptable fills, and biometrics under prop-ess on the delineation of headwater
streams which would be usefel for da&ttion standardization. The worlcshop oa "The Value of
Headwater Streams" noted on the EPA website seems to be an example of work in progress. The
Draft BUS shows a disturbing proposal to transfer a large portion of the definition of terms to
those utilized and proposed by OSM, with OSM taking over as the lead ageacy &rNWP 21 and
Individual Permit decision coordination.
Nationwide permit coverage, in general terms, are for project with low, routine impacts for
which there axe & large number of permit applications. For wetland permits, the nationwide
coverage Is ap to 1/2 sere. Under KWP 21, the coverage is for a ip^eater area of impact In the
Executive Summary of the DEIS, it is stated that the actual sumbers of permits for NW coverage
has actually been decreasing. If the mustier of permit applications is decreasing, why does the
DEIS propose that fee process fee made easier for mdusity? Industry fa very aware of the coverage
for KW1P 21 - is it in the best ialerests of "miniiaizlsg itnp^T to ease tiie permit system?
Furthermore, it should show feat the current Individual Permit coverage is sot making the permit
review process more difficult.
Mitigation for fills within wetlands under 404 permitting is utilized to offset unavoidable impacts.
This is usually done within the sxisttog waterbody basin. For MTM/VF permits, I believe that
more coasiderattos should be gives to 'feasible and prudent alternatives* fbr fee permit proposal
before mitigation Is decided upon. Furthermore, fee very nature of MT&5/VT appHcatioBs means
that mitigation wfthia fee ©dstiag waterfoody basia would be very difficult to provide. The 0EIS
went kto depth m the focts feat diverse forestatiOE would be proposed, for mitigation efforts, but
it ignored the basic premises En which mitigation is to be utilized for.
' There were positive statements within the DEIS feat valley fitk can sometimes have wetlands
develop oa them, aad feat the fill areas cm be also be used Ibr subdivision/land use development.
I Had these remarks to be irresponsible within a document feat is headlined fbr minimization of
eiflal impacts.
I urge that 8» Action Alternatives proposed withto the DEIS should be abandoned, and that the I i i
agencies involved with MIMAT peoatts work 1-1
Sincerely,
S/rfesf
1-1
12-1-3
MTM/VF Draft PE1S Public Comment Compendium
A-1026
Section A - Citizens
-------
Carol Anne Kilgore
REC'D AU8262083
August 21,2003
Mt. 3ohn Forren
U. S. EPA
1650 Arch St.
Philadelphia, PA 19103
Dear Mt. Forren
On July 22™11 attended both sessions of the public hearing in Hazard, Ky. regarding
Mountaintop Mining. I am proud to say that I support Mountamtop Mining. 1 was bom
and raised in Hazard, Ky. My grandfather worked in the mining industry and my dad had
a tire dealership that relied on the coal industry. My husband is now self-employed
related to the coal industry. He has been a coal miner and owns coal trucks and I work
for Pine Branch Coal Sales. I feel that I know enough about coat mining to express my
opinion about the advantage of mountaintop mining and disgust at the extremist who
oppose it but seem to have no facts.
My husband has done many different jobs in the mining industry for 25 years. He is very
knowledgeable in the blending of coal that is loaded into rail cars and barges to be
shipped to power plants. As you know it is very important that the quality meet
regulations. My husband has loaded holes for Wasting, operated equipment, loaded trains
and barges and bought and sold coal and mining equipment. This has afforded us a good
living.
My office, a mine office, has two very large windows that look out at green pasture land
and a big pond Ml of ftsh. 1 have worked here for 11 plus years. There is always
wildlife around the pond whether it is geese or 10 pound turtles. The deer are more
plentiful every year. We caution people when driving down Kentucky Highway 28 to
watch for deer. U is one of the most beautiful and natural places in Kentucky.
My husband and I chose to build a home close to the Pine Branch Coal Sales operation. I
live within walking distance of where there is currently mountaintop mining. I live a five
minute drive from where mountaintop mining was turned into a cattle ranch that is used
by the University of Kentucky. These opponents talk of the land being deprived of
wildlife because of mountaintop mining. 1 have lived in my house for 12 years and each
year there is more wildlife. There are two foxes that come in my yard every evening
about dusk. There are deer, raccoons, squirrels and rabbits in my yard daily. There is a
pileated woodpecker that is boring holes in my house. We try to scare it away but it
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7-2-2
comes back, i know some of these extreme environmentalist would rather 1 leave it alone
to peck my house down. I've heard the men on the jobs talk of seeing coyotes, turkeys,
bears and elk. We have our own wildlife preserve. It is beautiful.
At the public hearing 1 heard comments about the flyover festival from the Kentuckians
for the commonwealth. I have flown over this area many times and am in awe each time.
It is amazing to see the development taking place and development that has taken place.
I am 43 years old and have seen much growth. My daughter was bom a month after the
Hazard ARM Regional Medical Center was open. This is on land that was mined. This is
only one of many facilities, businesses and homes in this area that have been built on land
that has been developed because of mountaintop mining. We would not have many of
the opportunities for economic development had it not been for mountaintop mining.
These opponents talk of the bad quality of our water. The water that comes off the job
where t work is filtered over the rocks and is clean when U reaches the streams. It is what
people throw and flush into our waterways that are contaminating them.
The coal industry's very good for the economy of eastern Kentucky, The coal
companies in eastern Kentucky are very generous to organizations and especially schools.
Public education in this area depends on coal severance money and the generosity of the
coal companies.
I appreciate that there are agencies that regulate the different industries. There should
be. I am asking that we not be so over regulated that we're driveft out of business. This
is where we want to live and raise a family. Please consider our industry and what it
means to this area. Please consider the people that are proud of this industry and what
they contribute to it everyday.
Thank you.
Yours truly,
7-2-2
10-3-2
11-4-2
11-2-2
MTM/VF Draft PEIS Public Comment Compendium
A-1027
Section A - Citizens
-------
Sterling Kinnell
Laura Klein
Forwarded by David Rid&r/R3/USEPA/U3 on 01/12/2004 02:4? it-
January 2,2004
Mountaintop@EPA
Laura A klein
-------
Jennifer Knaggs
Gerri Kolesar
First Name: Jennifer Last Name: Knaggs letter Date:
City: Lansing State: MI Zip: 48912
1/06/2004
I have seen first hand what happens in a community devestated by mountain top removal. 1 have
seen hills millions of years old flattened, homes and schools turned into turned into parking lots,
people terroized out of thier community only for companies to gain mineral rights. The
Appalachian people are some of the poorest in the United States, and the richness of their
beautiful land is being shoveled into oblivion. They say there will be jobs with the coal
companies. I have stood with 10 people inside on* monster shovel, 'Big John', with room for at
least 40 more ....A shovel like that can crush a mountain and empty t coal seetn in a matter of
we^ks to days. With one person behind the wh«sel. Thai dots not create "jobs'1.1 have seen
streams dried up from th« mountain tops thrown into the valley. Wells that give water to
peoples' homes, gone empty or polluted. Entire ecosystems sacrificed, so that we have more
unclean energy.
They say that these sites will be reconstructed, unless it is seen that they are fit for better uses.
"Better Uses" often means a Walrnart parking lot, n a small community, damaging their already
fragile economy, with low income wages, and money leaving the community to a distant
corporation. Or it is "reconstructed", which means importing wildlife that will grow quickly, but
will not replenish the soil for future crops or forests. Importing animals that do not belong in that
habitat damaging the ecosystem. Is this a solution? Coal is already inefficient, dirty, artd soon to
be untlependable resource. Coal plants spend millions of dollars trying to rid themselves of me
left over radioactive ash created from burning coal into energy. And they still don't spend
enough. People and wildlife arc still being posioned from their "clean air" practices. Instead of
supporting mountain top removal. I highly suggest the financial support of renewable resources,
such as wind and solar energy. They are the cleanest and least harmful methods of creating
energy. 1 urge you to not support Mountwa Top Removal. It is not a solution to our energy
crisises, but a creating more problems.
us e * ad
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1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1029
Section A - Citizens
-------
Vanessa Kranda
Jud Kratzer
—- Forwarded by David Rider/R3/USEPA/US on 01/08/200401:59 PM
' vkranda@C[ualcomm
.com"
-------
Scott Kravitz
TomKruzen
—- Forwarded by David Rider/R3/USEPA/US on 01/08/200401:59 PM
"oaklattdistgjhotaiai
l.com" cc: Catla Klein ,
Andy Mahler ,
Ken Midkiff , Scott
Dye
12/22/2003 12:44 Subject Mountain top removal
PM
Please respond Co
Dear Mr. John Fotren, Project Manager,
Dear Mr. Forren:
The Bush administration has a terrible habit of interpreting information
to support its own predetermined agenda. In this latest case it has
decided that tnounaintop removal for mining purposes should continue,
despite the government's own studies indicating the irreversible damage
of such a practice.
Please do not accept this short-sighted and terribly destructive agenda.
Please amend the draft EIS to recommend restrictions on the scope of
mountaintop removals, and elevate protection of wildlife and rural
communities to their proper place as the top consideration in any
proposed mining operation.
Sincerely,
Scott Kravitz
Scott Kravitz
2796 Casiano Rd.
Los Angeles, CA 90077
oaklandis@hotmail.com
1-7
December 22, 2003
Dear Mr, Poteen,
Blowing up mountains and filling in valH^s to get at die coal as cheap as possible is
reprehensible. It is the ultimate in mining destruction, and like Humpty Dumpty,
those mountains, valties arid the all the living things that depend on them arc gone
forever, including human beings. What of CONSERVATION? A penny saved is a
penny earned- We've recently purchased a Prius and get 45 mpg average! What if
iJTeryone did that? What it everyone upgraded their appliances and light bulbs to be
entsrry saving?^? Maybe we wouldn't have to destroy the beautiful Appalachians
in .Kentucky arid West Virginia!
The Bush admininsttadon plan to expand this terrible process is flat out wrong. Put
the "protection *' in the EPA and deny the expansion of ]VfoiifU;$in top removal. If
you procede with Bush's plan, you will be irrevocably be destoying out natural
heritage just as surely as if a terrorist dove a plain into the Statue of Liberty. You will
also be destroying a culture and many communities in the Appalachians. This is
NOT your mandate. ..to destroy., .it's to PROTECT! Do yout job!!!
Sincerely,
Tom Krusien, President
Qfcark Rrrerkeepet Network
213 East 3rd St
Mt View, Missouri, 65548
1-9
Free Web Email & Filter Enhancements.
http://www.fteewebemail.com/filtertoots/
MTM/VF Draft PEIS Public Comment Compendium
A-1031
Section A - Citizens
-------
Glenn Ruehne
KaraKukovich
—- Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM
"keen_2bcrazy@yah
oo.com'' To: R3 Mountaintop@EPA
-------
Safety. I recognize and am thankful that the number of coal miners killed on the job fell
from 67 in 2002 to 55 deaths in 2003. And while mountaintop mining may not be as
dangerous as deep coal mining, there are other trade tsSs.
Jobs. It appears that the local residents do not benefit much from the extraction of coal
by giant machines that rip off the top of the mountain to get at coal True, in some areas
there are coal-fired plants that use the coal, but these are so efficient these days, there are
few permanent jobs. A lot of public support Sot mountaintop mining is based upon a
misconception that it will create many jobs. And what happens to the rest of (he
mountain top that has been leveled? I understand, for example, that 15-25 percent of
West Virginia mountains have been leveled &r mining. For the most part, what remains
is abandoned, unproductive, and does not contribute to flie local tax base or general jobs.
Regeneration of the ferest. I take exception to the introductory statement on page ES-3
that the "nateal succession by trees.,.was slowed." Slowed? These forests have been
taken down to stump many times in the past centuries and were able to regenerate.
Previously, you could have stood in the same place Daniel Boone walked and see the
same spedes of trees that had been cut and regrown. Do you truly believe that could
happen again? The HS introductory statements cannot mean that in the same way the
forest can be what it was before. The forest is not able to grow back the same way it did
in past was. Bis different this time around. There is no SOU, on which to grow. There
is not the natural flow of waters that would be held by the soil that is now gone. This is
simply not «ome problem that can be managed by some forestry plan. This is not some
"cap" that you take off and put back ("recovery efforts") which is the impression that
some pro-mining interests make. Everything that was tfae ibrest is gone. It is no more.
We all live downstream. The page ES-4 statistic is that only ,..("1.2% of streams) were
covered by valley fills from 1985 to 2001." This statement mtoimiae! the overall effect
of valley fills. A total of 6,800 fiUs sounds lite a lot of affected communities to me. In
hollers where the sun is shaded much of the day because of the steepness of the
mountains, it does not take much in the way of valley fills to accentuate the effect of
unimpeded water to those downstream. I am mindful that it is the mountaintoji that is
being taken away, so that water flows fester and quicker right from the beginning.
Macroinvertibrates. Befiare I went to college, I was a stream monitor in my home
neighborhood. I understand well how the smallest changes can affect these insect
harbingers of an unhealthy stream. In Virginia, for example, you can still see the changes
in (he river bank that were wrought by English colonial traders in the 1600s when they
altered rivers (and the aflected streams) to access the cotton offloading sites. We look
Ibr the tiniest of eddies and current changes in feeder streams to find the
macroinvcrtibrales that tell us about the health of the stream. I can only imagine what the
whoosh of a spring rain does in an area that has been suddenly in-filled as a part of
mountaintop mining. It's probably all gone. I doubt that there is any life left.
7-5-4
10-2-4
"Require reclamation with tress as th» post mining laid use." (PageES-8) I am very
interested in how this can be done. Does this mean make it the way it was before? Do
you track in torn and tons of forest loam of the ktad that S« waste&lly pushed over into
the valleys along with the trees in the first place? And where would you get the soil in
which to plant the new trees? Does not that imply that you would have to dig up some
other pristine place to find the very same kind of soil in which the trees grew before
mountaintop mining was begun? So, now TWO places would be befouled?
I appreciate all the studies and work mat has been done to date to document the effect
mouutaiBtop mining hts on the environment. In &ct, the studies show that considerable
damage has been done. The result should be that we reduce the occurrence of
mouutaintop mining.
I do not believe that it should be continued until all the mountain tops are gone. The US
does not go ik enough in requiring protection! for valley fills, it does not really save the
habitats for all categories of animals, and it does not mitigate damage to the water system
created by mountaintop mining, in my view. The EIS is a start It should not be
considered our society" s approval to continue mountaintop mining as we do today,
Thank you,
19-2-4
1-9
KaraL Kukovieh
MTM/VF Draft PEIS Public Comment Compendium
A-1033
Section A - Citizens
-------
Kenneth M, Kukovich
Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:39 AM
Kenneth Kukovich
cc:
Subject: Kenneth M. Kukovich Comment on Mountaintop
Mining EIS
01/04/2004 11:46 PM
Please respond to
kukovicWockhart
H:n:seheij»s-mierosofi-eom:office:0ffice*' l>
Kenneth M. Kukovich
39Q1 N. 13th Street
Arlington, VA 22201
H:(703)525-8592
kukovichiockliart (2Mnifidspring.com
January 4, 2004
Mr. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
mountaintop.r3@epa.gov
net loss. The energy we gain is at the expense the destruction of the
habitat, the iatetruplkia of natural wafer flows and purification, sad
the sheer change in the topography and geology of an area.
The habitat is forcwr changed. The forert and its soil that is scraped
off the mountain is not rhe same despite the "restoration'* that is made
after the coal is taken out. I realize that these are private lands.
However, we are all stewards of th«i earth, and this extreme method of
extraction in some of our most valuable areas of biodiversity is
something for which our next generations will not forgive us.
The EIS studies have documented but 1 believe minimized the danger to
water supplies. A restored inouiitaintop mine site initially looks as
manicured as a golf course. The rip- rapped new drainage paths, and the
holding ponds appear to set tlje foundation for water to begin its path
to the ocean. Of course, there is nothing like the forest into which
such rain fell where if was purified by tie layers of sediments and
rocks butt! up over centuries. I understand that elsewhere in the
country we are seeking areas of farmland and natural ftiarshl&nd to
naturally purify the water instead of using chemicals and mechanical
means to cleanse our water. So why do we allow a functioning ecosystem
to be destroyed in the ease of mountainlop mining?
Finally, I heard it said, and read by mountaintop mining advocates, that
such "leveling" of the mountains i* actually a good thing, that it will
bring jobs and create opportunity for those who have not had it because
of the mountains. It would seem a reasonable proposal, then, that
mountaintop mining be halted until all of the currently cleaied-off
mountains are full of fair-paying permanent jobs by environmentally and
economically sustainable industries.
Sincerely,
Kenaeth M. Kukovich
9-2-2
7-5-2
5-1-2
Re: Comment on the Draft ProgrammMie Environmental Impact, Statement
(Draft BIS)
on Mountaintop Coal Mining and Associated Valley Fills.
Dear Mr. Forren:
I have had the experience of being on a mountainlop mining site for two
continuous weeks. 1 believe my observations and comments may be of
value in your review of the EIS.
My general comment is that extraction of coal by mountainlop mining in a
MTMA/F Draft PEIS Public Comment Compendium
A-1034
Section A - Citizens
-------
JohnL
Alexandra Lamb
Forwarded by David Rider/RMJSEPA/US on 01/07/2004 03:42 PM -—
R3 Mountaintop@EPA
cc:
01/06/200402:57 Sub
Mining
"jalefra@lanset.e
om*' p@BPA
Subject: Mountaintop Mining,'Valley Fill DHLS
Mr. John Konrea
U.S. EPA(3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren;
I would like to comment on the Draft programmatic Environmental Impact Statement (Draft
EIS) on mountaintop coal mining and associated valley fills in Appala^nia released by ihe U.S.
Army Corps of Engineers, U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife
Service, U.S. Office of Surface Miiiings and West Virginia Department of Environmental
Protection,
The Draft EIS confirms thai mounlaintop coal mining and valley fills in Appalaebia have caused
massive, irreparable environmental damage, including the destruction or degradation of
appmximately 1200 miles of headwater streams and kindreds of square miles of forest
Despiie tliis devastation caused by mountaintop coat mining, the preferred alternative
(Alternative 2) would undermine existing environmental protections and permit trie destruction
of an additional 350 square miles of mountains, streams, and tbrests. Furthermore, it is
inaccurate and misleading to describe the replacement of native hardwood forest, which
are biologically diverse and offer critical wildlife habitat, with grassland plateaus or replanted
hardwood forest && "reclamation."
I also strongly disagree with the Draft EIS claim that the preferred alternative "would support
efficient, environmentally responsible production of energy resources.H It is an abhorrent waste
of our nation's natural resources to mine coal by blowing up mountains and burying entire
streams and valleys in waste. The EPA is wrong to support - at any cost - coat power, which
produces more air pollution a»d contributes more toward global warming that any other
electricity source, rather item promoting energy conservation and efficiency and renewable
ettergy sources. I expect the federal government, to conserve our natural resources and to
promote responsible stewardship of the environment,
I urge the EPA to amend the Draft EIS to protect Appalachia's natural resources.
Thank you.
Sincerely,
Alexandra Lamb
13230 Chandler Boulevard
Sherman Oaks, CA 91401
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1035
Section A - Citizens
-------
Sloane Lamb
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:30 AM
To: R3 Mountaintop@EPA
senator@wyden.senate.gov, oregon@gsmitli.senate.gov.
"Lamb, Sloane T."
cc:
write. eari@inail.house. gov
Subject; Draft EIS mountaimtop coal mining
01/06/2004 12:04
PM
Mr. John Forren
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren:
Thank you for the opportunity to comment on the Draft Environmental
Impact
Statement (EIS) on mountaintop coal mining and associated valley fills
in
Appal achia.
Mountaintop coal mining and valley fills have caused widespread and
permanent damage to the Appalachian environment, as is made evident in
the
Draft EIS. Such activities have led lo the degradation or destruction of
vast stretches of forest and more than 1000 miles of headwater streams,
imperiled wildlife, and destroyed communities.
The preferred alternative in the Draft EIS would, among other things,
eliminate the surface mining rule that makes it illegal to disturb areas
within 100 feet of streams unless it can be demonstrated that they will
be
harmed. This not only enables the mining companies to obtain permits
that
can result in serious destruction too easily, but it removes the onus of
protecting our environment from the EPA, where it belongs.
Our country's natural resources are not limited to coal and natural gas.
Indeed, our country counts among its natural resources the very habitat
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1-10
being irrevocably damaged by these obscene practices by the coal-mining
industry. The EPA sheuM .not condone the degttuctidB of additional
habitat—mountains, forests and streams—at tte expense of furthering
the
production of coal power, an industry that contributes more toward air
pollution than any other source of electricity. Instead, your agency
should
be promoting energy conservation and efficient and renewable energy
sources.
I therefore urge the EPA to amend the Draft ELS.
Thank you.
Sincerely,
Sloane T, Lamb
283 5 NE 27th Avenue
Portland, OR 97212
Sloane T. Lamb
Global Marketing and Communications
AlliaaceBernstein Institutional Investment Management
A Unit of Alliance Capital, L.P.
www.institutional.alliancebernstein.com
Bus.: 503-493-4301
Fax:415-217-8111
Iambst(j§bern3tein,com
The information contained in this transmission may contain privileged
and confidential information and is intended only for the use of the
p@rson{s) named above. If you are not the intended recipient, or an
employee or agent responsible for delivering this message to the
intended recipient, any review, dissemination, distribution or
duplication of this communication is strictly prohibited. If you are not
the intended recipient, please contact the sender immediately by reply
e-mail and destroy all copies of the original message. Piease note that
we do not accept account orders and/or instructions by e-mail, and
therefore will not be responsible for carrying out such orders and/or
instructions.
MTM/VF Draft PEIS Public Comment Compendium
A-1036
Section A - Citizens
-------
Melissa Lambert
Denise Lamobaw
Melissa Lambert
West Virginia Wesleyan College
59 College Avenue
Buckhannon, WV 26201
31 October 2003
US EPA (3ES30)
c/o Mr, John Forren
1650 Arch Street
Philadelphia, PA 19130
Dear Mr. Fortes:
I am writing in regards to the current Environmental Impact Statement on mountain top removal
raining and valley fills. According to this statement, current and future mining operations could
potentially result in the loss of 1,500 acres of fbrost. It also states that "...scientists have found
little evidence to support coal industry claims that modern reclamation can bring new life to land
that is flattened by motintaintop removal," Ffom !9&S to 2001, ntountaintop removal operations
burled 724 miles of Central Appalachian streams. Overall, however 1,200 miles of streams have
been impacted by valley fills. This harms aquatic life downstream from these fills and produces
Selenium in these same streams. At the current rate of mountaiatop removal operations, 2,230
miles of Appalachian forests will be lost by 2012. All this information comes straight from the
EIS.
However, even though this report catalogues both the devastation already incurred and the threat
ongoing mountaitttop removal operations pose to Appalachian streams, forests, and aquatic life. It
does not advise against its practice. Inconsistent with Its own findings, the recommendations
Included in the HIS illustrate blatant disregard to the documented devastation of mountalntop
removal mining and valley fills. Also, absent Awn this document, but equally devastating, Is the
impact of mouatamtop removal mining on communities adjaegnt to these operations. Blasting,
valley fills, persistent flooding, and forced displacement, among other factors, continues to plague
coalfield communities. Not enly Is raoutiiatntop removal permanently altering West Virginia's
environment, it is permanently depopulating many coalfield towns.
In conclusion, based on the previously stated reasons, the current EIS is simply unacceptable, I
demand, as a resident of West Virginia, that the EPA draft environmental policies that reflect -
rather than ignore - its own findings on mountaintop removal's environments! damage in our
state. We can do better than this.
Thank you for yoor time and consideration.
Sincerely,
£X'
1-9
1-9
1-10
4-2
Melissa Lambert
MTMA/F Draft PEIS Public Comment Compendium
A-1037
Section A - Citizens
-------
Jackie Lancaster
Susan Lander
«-» Forwarded by David Rider/RMJ SEP A/US on 01/08/2004 01:58 PM -----
R3 Mountaintop^El'A
!1dj mcl an caster@.co
x.net" To;
Subject: Please Stop Destructive Mountaintop Removal Mining
01/06/200403:03
FM
Dear Mr. John Forren, Project Manager,
I grew up in West Virginia. There is uo more beautiful stale, My lather ran many of the mines
in West Virginia and Kentucky. I strongly urge you to amend (lie EPA's draft environmental
impact statement so as to slop tnounlainiop removal mining. 1 fmd it unconscionable (Thai the
Bush administration pians to continue to let coal companies destroy Appalachia with mining
practices that level moimtaintops, wipe out forests, bury streams and destroy communities.
The Bush administration must consider alternatives that stop the mountsintop removal mining
and then implement measures to protect natural resources and communities in Appalachia. No
amount of coa! is worth the destruction of streams, forests, wildlife and communities. I urge you
to immediately amend the draft EIS accordingly.
Sincerely,
Jackie McQuadc Lancaster
Jackie Lancaster
3 39 East J Street
Chula Vista, CA 91910
dj melaneasie r@cox.ne1
1-9
Forwarded by David Rider/R3/USEPA/US on 01/09/2004 02:49 PM -—
R3 Moimtaintop@EPA
To:
Susan Lander
cc:
Subject; Amend EPA environmental impact statement
01/01/2004 11:58
AM
I am dismayed by the plans to continue to allow mining practices in
Appalachia which would level mountain tops, and do serious damage to
forests, streams, and communities.
According lo Ihe draft BIS, the environmental effects of mountaintop
removal are both severely damaging and permanent. Despite this, there
seem to be no protections for either the natural resources (forests,
wildlife, streams) or for the communitie» that depend on these
resources.
Worst of all, the "preferred alternative'' for dealing with the massive
problems posed by mountain top removal mining ignores the
administration's own studies!
I urge you to turn to alternatives that protect natural resources and
communities on Appalachia.
Susan Lander
Ashland, Oregon
1-9
MTM/VF Draft PE1S Public Comment Compendium
A-1038
Section A - Citizens
-------
Jennifer Lantz
John Forren
U.S,EPA(3ES30)
J 650 Arch Street
Philadelphia, PA 19103
"REC'D JAW 0 2 $M
Mr, John Forren,
I am writing to you, in defense of oar precious environment I will start oy saying I have never
written so many environmental defense letters, as J have since Bush, Jr. took office. Daily I
find myself wondering why this aduriuistratioH i&vors corporations over our environment, our
future, our children's health and oar own. Is money that precious? How precious will it be
when all of our natural resources, oar clean rivers, our clean air - are gone? I have learned one
tiring above all else while growing into an adult: Even if all material things we taken from you,
and you still have your family, Mends and Mfe - then all is good because none of those material
things were important; for they can be replaced. Onr children cannot be replaced, our family
cannot be replaced, and our mountains cannot be replaced.
I am opposed to mountaintop removal mining and valley fiBs of any kind. How dare our | i n
government allow corporations come iato our {brents, our wilderness" homes and diminish what '
little natural toven we have left in this world! What we need is an alternative energy policy, not
a more consuming energy policy Bke that of which Bash would like passed. More coat, more
oil, more pollution, more chemical agents in the rivers and streams is what is happening wift
these 'Bush Policies' - don't we have enough polluters already? The fish in the Ohio tee
already labeled as unhealthy to eat, where we obtain our water - yet more development and
energy sources are being planned. If we keep dumping more pollutants into these streams, and
adding to the air pollution through coal and oil exploration, then what we have is a future health
disaster on our hands. Is that what our government wants to happen to the American people?
We already cannot ftce rising health care costs and our government will not give us national
healthcare like the many other industrialized nations of fte world.
Therefore, we are looking at disease, deformation, brain dysfunctions, bleak skies and blank
futures - all over mosey and corporate power, because we cannot get enough - if this is allowed
to keep happening. It is never enough is it? Tell you what,..If you stop the mining, I will talk
to the people about being conservative and controlling the population. I personally could care
less if we did ran out of fuel and energy, because it has caused chaos, war, violence, greed and
hate. I do not need any of those effects, nor do our children. If we run out, we ran oot. Maybe
if government coneenftated on educating people on the effects they are having on (he
environment, instead of removing our environment to Make more money off people - we would
not have these problems. Instead, this could be a letter of appreciation for looking out for our
environment and saving it from corporate destruction. I hope that in the near future I will have
the opportunity to write such a nice note to you.
Page 1 of 2 JL 12/28/2003
'•• '• T?ED'D JM ft 2 MR
Furthermore, I do not support Alternatives #1,2 or 3 contained within the HS report. Hone of
these options will protect our water or our communities. The only alternative to protect our
water, wilderness and communities is to stop to mining and mountain removal. Enough is
enough and the people, environment and future of America have a word on this issue. We have
spoken. We hope our government will hear us.
Thask you for your attention. Please read a short summation of sustainabiHty for our ftiture at
http://wwwJsoscofifereace.org.au/papers/Sanders.pdf
Sincerely,
1-5
"Only wfaea Ute last tree has died and the last river has been poisoned and the last fish has been
eaugt&,..wili we realise tfaat we can sot eat j&G&ey." *- Native American proverb
MTM/VF Draft PEIS Public Comment Compendium
A-1039
Section A - Citizens
-------
Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:18 AM
Jennifer, la ntz@m
sightbb.com To: R3 Mountamtop@EPA
Subject: fust Say No To Mountain Top Removal
U.&. KPA (3KS3U)
John H of tcn
-------
TimLarrick
Jessica Lavin
1-12
First INamc: Jessica Last Name;
City: Httptwell
:Siate: MB
letter Date: .l./LV2EK)4
Zip: 04079
This j*ast November I had the opportunity to attend a week long training .session for those who
work to create social change, On the 10 hottt drivy with one of my colleagues we discussed many
issues facing mn environment today. We titlked about the health md air issues associated wiih
US electronic waste heing^hippad to Asia, wy talked about the war ia Iraq, about glohatizatioft
and free trade, but the 'most intem.Ung Uiing we. Utlked about- was my cpifeaf ties work to stop the
destructive coal mining practice ol muimutifitop removal. He told me-about liviirg id Appalitdvia
with Korne families who's health, Bveliehood, home towns and pristine surroundings were being
threatened by con! coti^anie^. My rractioft -"Coal coftipaMies si.Hl do thai irt the United States!"
Of'course, my co-worker couldn't believe, I hatt never h^-aftf of such acfs, I guess I hsd been
living in my .isolated part of. the OS for way tootoeg. As the week progressed, 1 met more and
more people who worked to improve the lives of others through seeming 'low income housing in
the inner eitys of Philadelphia, chasing dtug dealers and prostietutes of ihs comers of thier streets
in Camden New Jersey, fightittg A10S in impoverished countries. A,nd ~ still the story that
struck my heart was the simple fact that even in the. US we,siil! allow-" coal-compaiiies to"
ptafttasratly devastate our people atid our efivironmefit. The US is one of the most sophisticated
countries in the world? At-the end of the week the message- i t«ok away was there is stilt
opportunities for us to create change in society, it may noE happen fast, but if all do our part we
can make a difference. It's your turn i® do'tbs tight thing! Slop allowing coal companies to
destroy oiir nations soil and threatetvthe health of many people. I»ste&d of allowing mountaintap
removal to continue i«jd in msuiyeaws increaseJra^lefi^ntafterRJttjvtf me|tstires(- You CAN
reduce stream and forest loss by placing strong restrictions on Ihe sia® of valley fills. • You CAN
implement measures that require evaluating alter'Mtives for individual projects. - You CAN
implement measures thai require evaluating iregiotiaj alteiritauvi^ so that the t;urnulative impact of
the destruction «uised by motmtaiutop removal is addressed. For the sake of Appalachian men,
women and children, thier heritage and our environment PLEASE stop ibis devastating act?
Wouldn't Appalaehta be a great place for windmills?
1-9
MTM/VF Draft PE1S Public Comment Compendium
A-1041
Section A - Citizens
-------
Phyllis Law
F. Carey Lea
December 18,2003
John Forren
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA
19103
Dear Mr. Forren,
I oppose any changes that would weaken laws and regulations that protect
clean water in the stats of West Virginia. I oppose eliminition of the stream
buffer zone that prohibits miring activity within 100 feet of streams.
We must adhere to improving environmental protection to aquatic and
terrestrial ecosystems. We must also eradicate the widespread and
irreversible damage the coal industry is doing to Appalachia, and the once
beautiful mountains of West Virginia.
The BIS draft must not be approved or accepted.
1-10
9-2-2
14-2
Forwarded by David Ridei/RJAJSEPA/US on 01/07/2004 03:42 PM -
Carey Lea
cc:
Subject:
12/25/2003 10:27
AM
Dear Mr.Forren
1 am writing to tell you that 1 »m opposed
to mountaintop removal coal minii]g,I think the practice and
its results speak for th«mselves-unemployment,eimroiimental
destraction,and the destruction of local communities.Of
course the industry has its own self-serving rosy
scenario.but for those of us who live in the area,the rosy
scenario is laughable.I urge you to consider the will of
the peoplejiot the industry.
Sincerely,
F.Carey Lea
353 Groundhog Ridge
Spencer. WV 25276
1-9
Sincerely yours,
Phyllis H. Law
137 Loretta Avenue
Mansbee, WV 26037
304-527-1522
MTM/VF Draft PEIS Public Comment Compendium
A-1042
Section A - Citizens
-------
Elaine Leach
Carole Levenson
—- Forwarded by Da-rid Rider/R3/USEPA/US OB 01/08/2004 01:59 PM
"eleach@brainerd.
net"
-------
Igal Levy
Elizabeth Lewis
Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM
"textract@attbi.c
om"
-------
Norma Lewis
Tom Lewis
"REC'D M., 2 5 20!
Notnia Lewis
Lincoln WV 25508
My 20,2003
"REC'D JAH 2 3
Dear EPA, ">
The BIS does not evaluate alternatives to valley fills, it should
Other uses for the rock need to be considered. Economic development plans should have
as a main focus ~ how to capitalize on another one of West Virginia's resources-
sandstone. Other parts of the country mine sandstone. Glass manufacturers should be
encouraged to build plants where the sandstone has already been mined for them. Block
and stone siding companies should be encouraged to build factories in areas where they
can use the rocks that otherwise would haw tnmed into valley fill.
The streams and the mountain valley micro habitats are irretrievably lost when valley fills
are constructed. This to an irretrievable and irreversible impact. Trie mitigation should be
that the coal companies must develop markets, pay into a tad, or somehow encourage
businesses that use the stone (block manufacturers, stone siding companies, manufactured
stone products, glass manufacturers). China is a large stone manufacturer. Instead of
importing these product"! from China, the US government should subsidize companies
that produce products with coal mining overburden. If there was both, a federal subsidy
and a coal company fund, then there could be an attractive business opportunity.
Yes, this would require a different type of thinking. It appears to be a radical concept All
industrial innovations seem far- fetched when first proposed. Who would have thought
that chemical companies could successfully use product substitution or sell their
hazardous waste? It is part of everyday practice now but it was not twenty years ago.
Please do not dismiss this concept as a weird public comment Please try to circulate the
idea and see how it could be studied and implemented.
1-8
10-3-5
9-5-3
U.S.HPA
Attn: JohnFoiren
1650 As* Street
Wlactelptiia, PA 19101
Mr. J
0.S.EPA0EA30)
comnmnittes and do not weafcra environmental protections that an% to fl» companies tta»aie conducting
Thadi-jflEnvironmcsntal Impact Statement (EIS) on mountaintop removal should be rewritten to
m»ramend limits on the size of valley fills fliatbniysliEainsmdmipcrtl wildlife.
lie draft Environmental Ijrtpact Statement rfiould not do away with a surface mining Die that makes it
illegal for mming^etivities to distmtarEaswithia ICO feet of streains.
1-10
Tom
356FbteBd
Oroase Potato Fauns, MI 48230
MTM/VF Draft PEIS Public Comment Compendium
A-1045
Section A - Citizens
-------
BettaLeyland
EricLillyblad
bettaleyl@excite.
com To: R3 Mountairtoo@EPA
cc:
01/05/200404:20 Subject: Comments on draft programmatic EIS on
rnountaintop removal coal mining
PM
Mr. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street. .
Philadelphia, PA 19103
ftEC'D JAN 05:
Subject: Draft EIS on rnountaintop removal coal mining
Mr. John Forren
U.S. GPA(3EA3Q)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
I find it unconscionable that the Bush administration plans to
continue to let coal companies destroy Appalachia with mining
practices that level mountaintops, wipe out forests, bury
streams, and destroy communities.
THIS IS A RAPE OF OUR COUNTRY BY THE PRESENT ADMINISTRATION.
IT SEEMS THAT EVERYTHING THEY DO IS GEARED TOWARD TURNING THIS
COUNTRY INTO A SERFDOM, RULED BY A SELECT FEW.
I HAVE GRANDCHILDREN AND GREAT-GRANDCHILDREN, AND I WILL NOT LET
THIS HAPPEN.
Sincerely,
Betta Leyland
65 Franklin Drive
Doylestown
Ohio, Ohio 44230
Representative Ralph Regula
Senator George Voinovich
Senator Mike DeVWne
1-9
12/31/03
Dear Mr. Forren,
I am writing regarding the EPA's draft environmental impact statement on
mountaintop removal mining. From my understanding of this practice and
the findings of the draft BS, i believe that mountaintop removal mining
creates unacceptable hazards to human health and the environment.
As such, I do not believe that the Bush administration should advance plans
to allow this mining practice, which can level mountaintops, wipe out forests,
bury streams and displace communities. Rather, at a minimum, I believe the
draft EIS should be strengthened to effect proper restrictions on the size of
valley fills and the number of acres of forest that can be
destroyed/stripped, and to ensure protection of streams and associated
flora and fauna which can be damaged or destroyed by the mountaintop
mining removal and fill practice.
I do not favor the Bush administration's "preferred alternative", which
actually weakens environmental protections for human health and the
environment by allowing mountaintop removal and associated valley fills to
continue at an accelerated rate. Ptease ensure that the Bush administration
is held to the high standard they espouse in the popular media, and earnestly
and honestly consider (and implement) alternatives that reduce the
environmental impacts of mountaintop removal, in a way that protects
America's natural resources and the Appalachian communities where this
damaging approach to mining Is practiced (and proposed to be expanded).
1-9
1-5
1-10
MTM/VF Draft PEIS Public Comment Compendium
A-1046
Section A - Citizens
-------
JoanLinville
Thank you for your time in considering my concerns and the concerns of the
American people regarding the sensitive issue of protecting human health
and the environment.
With kind regards,
Eric Ullyblad
9505 207th St. N.
Forest Lake, MN S5025-8903
clillyblad@aol.com
REC'D QEC 1 1m
Mr, John Forren
U.S. EPA
1650 Arch St
Philadelphia, PA 19103
I oppose the practice of mountamtop removal mining. This mining is destroying our
communities, homes and lives. We are constantly flooded, in homes that we have spent
our lives in. We are being pushed out of our homes by the destruction caused by
mountaintop removal mining Our roads are being shut down ever time it rains this
makes our rescue personal useless to us. Our tax dollars ate what fixes all the mess
caused by the mining going OB around us. No wonder mining is so profitable we as
citizens pick up the bill OB the devastation caused by the mine companies. Please stop
this insanity its killing out entire communities. Not to mention the effects it's having oa
our environment The habitats of our animals are destroyed, running the wildlife away.
Our streams are filled with rock that the mine companies pfle into these valley fills. The
waters get ap and have no where to go but into peoples homes. Our mountains are
exploding with water. These outbreaks come out into people's yard and underneath their
homes. Our homes are literally being blasted off their foundations or the earth is opening
up and swallowing them. Please stop the practice of mountaintop removal coal mining
and save our homeland, our children's fcture and very possibly our lives
Name
Phone
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1047
Section A - Citizens
-------
Joe Linville
-— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 11:39 AM
"Linville, Joe"
cc:
Subject: Comment on Mountaintop Mining -- Draft EIS
01/06/200403:48
PM
I hope the out come of this process is in the best interest of all the
people.
Sincerely,
William J, Linville, II
698 Lick Creek Road
Danville, WV 25053
Greetings,
As a life loag resident of southern West Virginia I would
like to make a comment regarding the regulations the EPA Draft EIS on
mounteiiitop mining.
First and foremost, COAL is West Virginia. Without COAL, the
State of West Virginia would be economically depressed.
The good Lord above has provided us with an abundance of
natural resources and he has blessed our region with COAL, so therefore
I feel we can find a happy medium for all parties involved.
COAL is very vital and I am wondering if you can put a price tag on the
economic impact this natural resource has on our state. The coal
industry employees thousands of men and women in our state and what
would happen to those jobs if stringent regulations were put into place,
that forced mining companies out of business? Not only wcnild miners
loose their jobs, but the thousands of support jobs as well.
Bottom line I feel with good regulations, coal companies can mine the
coal effectively and feasibly, provide West Virginian's with good paying
jobs, provide a good tax base for the state and continue to help balance
the environment
1 feel reclamation is a major factor in this equation. I have had the
opportunity to see first hand many 'mountaintop removal' mine sites.
before, during and after the fact. Yes, there is no doubt that during
the mining process, the land is not one of the prettiest sights, but
neither is the construction of a local highway or a neighborhood
shopping mall. However the finished product is different story.
Joe Linville
Standard Job Administrator
C.I. ¥/alker Machinery Co,
(304) 949-6400 x2283
jlinville@walker-cat.com
11-4-2
11-1-2
19-1-2
MTM/VF Draft PEIS Public Comment Compendium
A-1048
Section A - Citizens
-------
Nannie Linville
Curt Livingston, Sr.
CM
f^
CURT A. LlMNdSTON, SR.
DEC 2 (
1-10
MTMA/F Draft PEIS Public Comment Compendium
A-1049
Section A - Citizens
-------
Julie Longman-Pollard
Sherry Lorenz
Forwarded by David Rider/R3/USBPA/US on 01/09/2004 02:49 PM
J1P
cc:
Subject: Mountaintop removal for coal mining
12/30/2003 07:26
PM
Mt. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelpriifl, PA 19103
Email: tnountaintop.r3@epa.gov
Dear Mr. Forren,
I understand that the EPA's draft environmental impact statement
propose* no restrictions on the size of valley fills that bury streams,
no limits on the number of acres of forest that can be destroyed, no
protections for imperiled wildlife and no safeguards for the communities
that depend on the region's natural resources for themselves and future
generations. Yet according to the draft E1S the Bush administration lias
released, the environmental effects of mountaititop removal are
widespread, devastating and permanent. The social effects to the people
and their communities are also aegative, particularly in the long term.
According to the information I have read President Bush's administration
will ignore their own studies and propose weakening existing
environmental protections and allowing mountaintop removal and
associated valley fills to continue. Alternatives that reduce the
environmental impacts of mountaititop removal would seem to make more
sense for the future of the human and wildlife communities of
Appalachia, the companies that harvest this natural resource, and the
American people, For these reasons I would urge you to consider amending
the draft EIS with proposals for restricting the negative impacts of
this type of mining.
Sincerely,
Julie Longman-Pollard
PO Box 577
St. Manes, ID 83861
jlp@smgazette.com
1-5
Forwarded by David Rider/R3/l'SEPA/US cm OB/28/03 05:06 PM -
Site-fry Lotenx
cc:
Subject; WVA Mouutaintop Removals..,
08/24/03 06:36 PM
August 24, 2003
To: The EPA, Region 3
From: Sherry Loreiiz, Fort Mill, South Carolina
My name is Sherry Lorenz, I live in Fort Mill, South Carolina, and I am a
•member of the Henry's Knob Group of the Sierra Club m Rock Hill, SC. I am
an avid hiker/backpacker and outdoors enthusiast. I feel best when seeing and
hearing the sounds of nature, it is a wonderful respite from the everyday noises
find pressures of life, the honking of cars, non-stop music in the stores,
telephones, beepers,, shrieking ambulances and police cruisers, and many other
noise-nuisances that disrupt and burden OUF cbtily lives. What more beautiful is
there than being able to take a break in the wings of nature and "recuperate" so
that we can all take on another week of stress and hardship, However, in
^YOUR* Stale, the State of West Virginia, this birthright is being taken away
from its people. "They ate being terrorized by these horrible mountftintop
removals, & practice that ts unspeakable to say the least 1 have seen pictures
and have talked to people who live this nightmare day-in and day-out, people
who see nothing but dust when they step oxit of thek homes and look around,
total utter destruction and mayhem. You know as well as 1 know, that many
have died as a result of mudslides th^t are a part of mountaintop removals^
maiy have lost their homes due to damage from the blasting^, many were
forced to sell their properties for almost nothing, many simply have no place to
go and suffer silently, and many have developed health problems they would
never have had before these removals started.. Yes, I know, I have spoken to
people that live in Bob VX'Tiite, WVA and Dorothy, WVA. And yes again, 1 am
awaire that the blastings and dumpings known as 'Valley fill" occurs on private
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1050
Section A - Citizens
-------
She r i. y Lor en z
coal company load, however, the results extend far beyond it's borders,
destroying; comrnunities alonst with the environment. It is nothing but a living:
s -zy & *•& * ' *gj
nightmare. Already, mote than 1,200 miles of headwater streams have been
directly impacted by mountain top removal operations, and 724 of streams have
been buried. More than 300,000 acres of hardwood forest Imvc been removed,
many of them just buried along with the rock and fill. It's a total environmental
disaster. I don't even live in West Virginia, but I am horrified and feel the pain
of the people that have to deal with this, I so respect what God lias given us to
protect, enjoy and cherish, I treat nature like it was a fragile flower. Which it is.
We all know that the Bush Administration is promoting and allowing this,
however, common sense will tell us that this practice of MTRis totally
unacceptable. Is our land free game for just a few of the rich and powerful? Is
this democracy? Is this hi the best interests of the land and of the people? I
know '"you'*" know the answer to this. I am therefore kindly asking you to
HELP STOP tliis insanity, I will be traveling to Bob White, WVA, soon to
take pictures of the mined areas and I'll be showing them to m? fellow
environmentalists here in Rock Hill. I know they will be shocked,
I hope to hear from you, I would like a response—a response that makes sense
and wiO give hope to me and the people of West Virginia and the surrounding
states. I care about our Planet, I care about the future of my children and
grand child ren, and what they will inherit, and I also care about the people of
West Virginia, Virginia, Tenneessec, Kentucky and other places that are being
dcstrncted. Let us all do what's right.
Sincerely yours,
Sherry Lorenz
1-9
Dear EPA, Region. 3,
I apprsci.ate your reply, I **nesded** to hear frots you. When we dc
rec-eSv4; to be heard, because **I CARE** about
Planet.
3-3
R5 MG'jntaintop
Seat by; David
Se very much appreciate your eonyaenta on the MTK DEIS. The cojKment
period is still open and vd.ll doss on January & , 2004. We plan
to
respond to cojaraentj after th.s close of the coraaeilt period and during
the
preparation of the Final E1S. Responses tc comments, including yDarsf
will be released to the public as part of this Final EIS. Given the
sssny hundreds of cciwseRts ws have received thus far, and the many
thousands we expect to receive before the end o£ the comment period, w
will be responding categorically to ail coiftifsants He receive on the
Draft
EIS.
MTM/VF Draft PEIS Public Comment Compendium
A-1051
Secf/on A - Citizens
-------
David & Marsha Low
Forwarded by David Rider/R3/US£PA/US on 01/08/2004 01:58 PM -
net To: R3 Mountaintop@>EPA
oc:
12/17/200303:40 Subject; Comments on draft programmatic EIS on
mountalntop removal coal mining
PM
Mountalntop Removals
Subject: Best Virginia
3-2
Mr. John Forren
U.S, EPA(3£A30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
I find it unconscionable that the Bush administration plans to
continue to iet coa! companies destroy AppaJachia with mining
practices that level mountaintops, wipe out forests, bury
streams, and destroy oommuniies.
PLEASE CONSIDER LIMITING YOU PLAN TO ONLY, SAY, 30% OF THE
MOUNTAINS THAT WOULD OTHERWISE BE DESTROYED,
The Bush administration really must consider alternatives that
reduce the environmental impacts of mountaintop removal.
Sincerely,
David and Marsha Low
8018 Hammond Road
Cheltenham, Pennsylvania 19012
cc:
Senator Aden Specter
Senator Rick Santorum
Representative Chaka Fattah
1-9
1-8
MTM/VF Draft PEIS Public Comment Compendium
A-1052
Section A - Citizens
-------
Benjamin Lowman
LoisLudwig
Dear Mr. Forren,
I am writing in regard to the public comments accepted for the Draft Programmatic
Environmental Impacts Statement on Mountaintop Mining/Valley Fills in Appalachia. I am a
professional biologist by vocation: therefore, my comments will be restricted to those areas in
which I am inherently familiar, I will attempt to be succinct in my points of criticism; however,
the breadth of the inadequacies of this report far exceeds the potential for a single, thorough
evaluation by any one individual.
First, I must bring to surface the fact that many of the leading regional experts in the fields of
science in which this study focused were not selected to participate. These experts, particularly
those in academia, neither conducted the field research nor interpreted the data collected;
consequently, a study not completed by the preeminent experts will always be subject to
scrutiny. It seems counterintuitive that a study of this magnitude, upon which so much emphasis
has been placed, would fail to incorporate these individuals, many of whom have devoted a
lifetime of study on the topics dealt with in this document.
I also have deep concerns with the language used in many portions of the scientific analyses and
conclusions. For example, the loss of habitat to organisms that specialize in and require such
habitat to complete critical portions of life history will most certainly be impacted by the
proposed action. In this document, many habitat specialists were considered to be "possibly"
affected, or "may be" detrimentally influenced by an action which will most certainly lead to
population declines. Again, the scientific personnel must be both confident and competent in
order to make such assertions, but in this case, they were neither.
The study fails to consider the potential problems associated with large-scale land disturbance
and the encroachment of exotic and invasive species. In the realm of vegetation alone, the
potential for colonization of reclaimed mine sites by aggressive nuisance species is extremely
high. The establishment of such species (e.g. Ailanihus altissinw] in large monocultures will not
only cost taxpayers millions of dollars to control but also stands to threaten the timber industry as
a whole. Furthermore, species that are rarely encountered in the region due to range restrictions
cannot be considered as rare in regard to global, national, or state status. If this were the case,
nuisance species such as Passer domesticus would have once been considered rare under this
convention.
In conclusion, this study is incomplete. It is strong on implications and conclusions that are not
supported by the research conducted in this study or documented in the scientific literature. It is
a perversion of true science, in which facts are established based on observations leading to
expertise—this study is vacant in both.
Respectfully yours,
Benjamin M. Lowman
9-2-2
18-2-2
4-2
Mr.foBnFanen,USEPA J~^EC D AUS 2 0
1650 Arch Street
Philadelphia, PA 19130
Bear Mr, Forren,
I am writing to comment on the EB OB Mountaintop Removal Scientific proof confirms
the knowledge of local residents that mountaintop removal/valley fill coal mining is
Irreversibly and substantially harming the forests toA streams of West Virginia and
Kentucky.
Throughout central Appalachia, some of the most productive and diverse temperate
hardwood forests in the world have been destroyed when coal companies blast off
hundreds of feet of mmmtaintops to get tha seams of coal. In most circumstances, the
fenner lash forests wll remain degraded as gassy, unproductive scrubland for at toast
several centuries. These unproductive grasslands cover nearly 20% of some southern
West Virginia counties.
Millions of tons of nibble from the former mountains are pushed into the adjacent
valleys. Coal companies have already buried hundreds of miles of Appalachian streams,
destroying not only the streams themselves, bat creating disastrous impacts to
downstream waterways and towns. As residents point out, mountaintop removal is also
devastating the culture and communities of the region.
Despite an Ms evidence of hum, (he BIS draft does not iBConunend curbing the
environmental harm caused by mountaintop removal, but asks the agencies that are
supposed to be regulating coal mining to streamline tte way they work together.
I love ow West Virginia mountains and qptnd a tot of time hiking, hiking, bird watching,
photographing, sad enjoying the beauty of our special state. I sat very concerned for my
children and 0»idchild»n who wfll hive mash fess space to recreate and recuperate. In a
world of ever increasing stress, these mountains and streams at all the more necessary
fiw daUy renewal of the spirit, not to mention Ufe-snstaining water without which ttate
can be no life.
I believe the EXS should show the real impacts of motmtaintop removal and offer real
solutions, not push forward a harmful agenda of destruction.
Sincerely,
1-9
7-5-2
5-7-2
110-2-2
Lois A Ludwig
MTM/VF Draft PEIS Public Comment Compendium
A-1053
Section A - Citizens
-------
Tom Luther
Grace Glaser-Lynch & Thomas Lynch
— Forwarded by Dax-id Ridei/R3/lBEPA/US on 01/08/200401:59 PM.
"lutliert@asme.org
" plied ketv. SQBZK of tfce erBscts of niaditfai' vwc we su^gated over buodxeds of years,
but war is still unacceptable. Government should work for the people now, with
regt}|a$ioi£s thai ijra&ct oar e
which depends on the state retaining and protet-ring its natural besuity, provides more jobs
than do "extractive industries" (Chiirleston Gsttette December 8, 2003). In addition to
direct employment thn-e are many people that benefit from travel and tourism, such as
moseuivolved in me arts, entertainment and the businesses involved in building and
maintaining second homes. The conditions that promote tourism are negated by tlie
realities of Mountahi Top Removal mining. The draft EIS reports negative impacts yet
recommends stre^milinmg the nerrratting process rather than setting rcEisonabte limits to
the mining pi actice.
We ovm a dMimiakii^ biBiness &tt uses WV liatdwoods. We ba^re so^pctfied ourselves
and raised a family by responsibly har.-esting maple, hickory, cherry, oak and walnut,
turning these native trees into "value added" furniture. We depend on tourism to market
our products within the state. .
-------
AnnLynnworth
Lawrence Lyon
— Forwarded fcy David Ridar/R3/USEPA/US on 01/08/2004 0158 PM —
mining
Ann Lynnworth
oe:
12/30/200305:12
PM
To: R3 MountaintopgEPA
Subject: Strengthen draft EIS on mountaintop removal coal
January 2,2004
Lawrence B. Lyon, Jr.
114 Center Street
Madison, West Virginia 25130
(304)369-2131
December 30, 2003
Mr. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
I strongly urge you to amend the EPA's draft environmental impact
statement so as to limit the effects of devastating mountaintop
removal mining
Sincerely,
Ann Lynnworth
241 Main Street
Littleton, NH 03574
USA
1-9
Mr. John Forren
U. S. EJP.A.
(3 EA 30) 1650 Arck Street
Philadelphia, Pennsylvania 19103
DearSfc
I could show you land that was surface mined fifty years ago, I would have to show ft to
you because it is covered wifli trees.
The reason so many people get flooded in West Virginia is because of the contour of the
land. Too many people live at the bottom of the drain. They need to move to higher
ground.
When the Stele Road Commission or a stopping mall fills a valley no one objects. When
a coal company plans to flfl a valley there are many objections. Water will find its level
regardless of valley fill.
America is too dependent on foreign energy and West Virginia needs level ground for
housing and industry above the flood plain.
Sincerely,
1-11
Lawrence B. Lyon, Jr.
MTM/VF Draft PE1S Public Comment Compendium
A-1055
Section A - Citizens
-------
Malcolm MacPherson
Andy Mahler
Malcolm R, MacPherson, Ph.D.
Mr. John BOTCH EPA
U.S. WA (3EA30)
1650 Arch St
Philadelphia, PA 19103
January 2,2004
Dear Mr. Porren:
It has come to My attention that the EPA is Deposing rule changes governing mountaintop re-
moval for mining ia AppalaeMa. This practice has buried whole valleys with tailings and other 1 „
debits. It has mandated streams, wiped oat forests, polluted water supplies, destroyed wildlife 1-9
habitat, and negatively altered nearby communities. These mining practices are unethical and
unprincipled
We must have laws and regulations that protect clean water. We need to strengthen protections
for rural people and the environment The federal government has ignored Its own studies in this
regard. It is time for sanity in mining practices.
Therefore, I oppose all three alternatives listed in the Bnvironmenlal Impact Statement Report ! j J-5
tether oppose the proposal to change the stream buffer zone rule tint prohibits mining activity L , , />
within lOOfeetof streams. This rule should be strictly enforced ftffsnytnintog activity. j I — 1 V
Thank you for hearing my concerns.
Sincerely,
. M^Phfirsoa
34 Coyntt Mountain »d
Santa Be, NM 87505-8178
$t Coyote Mountain Road
Santa Fe,NM87S05
Phoxe: 505-9»-95m
fax: 505-983-8699
Mr. John Forren —.»»-» i»u H % 1»Si
US. EPA (3EA30) ' RpG D «»« u «""
1650ArchSt ' . • . . •
Philadelphia, PA 19103
Dear Mr. .Forren
Having witnessed first-hand the abpmhation euphemisficaltyrefeired to as
mountalntop removal, 1 consider it to be the most destructive peacetime activity
in human Msfary.. Were this level of destruction perpetrated against our country
the work of a foreign power, it would be consfdored an ACT OF WAR, It is a
desecration, a tragedy and an outrage. I am disgusted, but not surprsed to
learn that the Bush administration plans to conf nue to let coal companies wage
war on AppdacNa with mining practices that level mouniaintops, wipe out
forests, bury streams, and destroy communities.
According1 to the administration's draft Environmental Impact Stcrtementps) on
mountalntop removal coal mining, the environmental effects of mountaintop
removal are widespread, devastating, and permanent Yet the draft EIS , _
, proposes no restrictions on the size of valley Ms that bury streams, no limits on the 1 -o
number of acres of forest that can be destroyed, no protections for imperiled
wildlife, and no safeguards for the communities of people that depend on the
region's natural resources for themselves and future generations.
The lush-Appalachian forests that are being destroyed are representative of the
mixed mesophyfc forest, first described by pioneering forest ecologist E. Lucy
Braun. The mixed mesophyfc Is the oldest and most biologically diverse
hardwood forest in North America and one of the two most biologically diverse
temperate forests on Earth. World WildBfe Fund says this area is a biodiversity
hotspot that, if saved, wi go far in protecfina the vast variety of life on Earth.
These forests provide habitat and breeding grounds for an incredible wealth of
plant and orimal Bfe, including a melodious array of flitting, colorful neotropical
migrant birds. . • .•
These verdant forests, sheltering mountains and stream-fed valleys have nurtured
Appalachian culture for over 200 years, and before that were the hunting I -y
grounds of native peoples. They are our national natural heritage and must be
protected for the abundance they provide if allowed to function as they have
for thousands of years. Instead, in West Virginia alone, at (east SCO square miles
of our temperate forests, home to so much dfversfly and beauty, have been
permanenfly annihilated. Coal companies have forever buried over 1,200 mfes
of biologically crucial Appalachian headwaters streams.
The blasting has ruined homes and water wefe, as well as people's nerves. "Fly
rock," mom aptly named fly boulder, con nain off mountafns, endangering
resident's Jv« and homes. Hundreds of folk and entire communities are being
displaced as homes get in the way of the 2Q-story-high draglines. Heavy rains
MTM/VF Draft PEIS Public Comment Compendium
A-1056
Section A - Citizens
-------
Craig Mains
Wtiifcot
IRSC'D
can gush off the clearest, compacted MTR sites, flooding the commurttas
below. Coal trucks overloaded with twice the legal weight-limits are out of
control. Wiling people and tearing up roads and bridges which taxpayers hove to
paytoftc. ,
Mountaintop removal generates huge amounts of waste. While the solid waste
becomes valley Ms, Iquid waste is stored in massive, dangerous coal slurry •
impoundments, often built in the headwaters of a watershed. The slurry Is a
witch's brew of watej"us«d to wash the coal for market, carcinogenic chemicals
used in the washing process and coal fines {small particles) laderi with all the
compounds found in coal, including to»c heavy metals such as arsenic and
mercury. Frequent biackwaterspls from these impoundments choke the life out
of streams. One *
Mr. Forren, I live in north-c»ntral West Virginia. While surface mining It present in my
area, vary littis of it would qualify as mountaintop mining. What wa do have, however,
are hundreds of stream miles thai are, for all practical purposes, biologically dead due to
acid mine drainage. Every day when 1 drive by orange streams 1 am mmiffcfed of the
permanently damaged environment I live in. Many citizens group®, privati industry, and
state and federal agencies are now engaged in efforte to rehabilitate these "streams. We
are finding that It is very expensive and the efforts are almost always less Irian what was
hoped for. I consistently hear people Justify the destruction of these stream^ by saying
that it happened during an earlier era when people didn't valua the envlronront as much
7-2-2
MTM/VF Draft PEIS Public Comment Compendium
A-1057
Section A - Citizens
-------
"REC'D JAN 0 2
O. Mandrussow
{page 2 of 2, Craig Mains)
or that much of the destruction was an unpleasant, but necessary by-product of the
Worid War I and II efforts,
Mountalntop mining is a continuation of the same type of disregard tor the environment
that left us with hundreds of miles of dead streams in north-central West Virginia, The
difference Is that by now we should know better and that we cannot use the convenient 1 Q
excuse of It being a war sacrifice. Another important difference is that burying streams Is
permanent. We can always hold out hope that acid mine drainage streams will someday
be able to be truly restored since they at least still physically exist. There is no hope that
a stream will some day be restored once it is buried under thousands of tons of fill.
i encourage you to amend the drat EIS to include an option that allows for no valley fills. I ] _g
I believe that some day the technology will exist to mine the coal without removing '
mountain tops and without burying streams. It will be a shame and a tragedy if, whan
that day comes, we have irreversibly filled in thousands of more miles of living streams.
W« have killed enough streams In Appalachia with acid mine drainage. Let*s not bury
what's left.
Sincerely,
Craig I
137 Hoffman Ave.
Morgantown, WV 26505
1-9
MTM/VF Draft PE1S Pubiic Comment Compendium
A-1058
Section A - Citizens
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Carli Mareneck
-— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:43 PM
Carli Mateneck
cc:
Subject: E.I.S, comments
01/06/200401:06
PM
Attention: Mr, John Forren- U.S. EPA
This is the final day for commentary on the Environmental Impact Statement
regarding nioxmtaintop removal. My last minute comments come oot out of not ox
of negligence but rather the difficulty of facing such grim facts and the irresponsibl
behavior that leads to them.
It is IB? understanding that the purpose of the E.I.S. is to evaluate options for
IMPROVING agency programs that would contribute to REDUCING the adverse
environmental impacts of mountaintop removal mining.
The E.I.S. clearly states that there has already been devastating impact from
mountaintop removal including destruction of almost 7% of our region's forests
andl,200 miles of pristine headwater streams now buried under fill front mining.
The "preferred alternative" suggested within the E.I.S. is simply a travesty .Rather tli
protecting or reducing the irrevocable impacts of MTR this "alternative will plainly
make it easier for coal companies to get mining permits by eliminating the buffer 2C
rule and changing the current limit on nationwide permits.
I honestly don't understand how those responsible for this sham can live with your
consciences. You are paid by our tax dollars for the express purpose in your agencii
name: Environmental PROTECTION Agency yet you spend your waking hours
dismantling the laws for protecting the envitonment.lt is a disgrace. The agency
should be called Emrronmental Pollution Agency. It is ironic that citizens must do;
private funds to litigate against agencies supported with our tax dollars to iiphold la
you are hired to uphold for us.
The other irony is that it makes no sense. The coal achieved through these method;
will not solve the long term needs for power and the damage is irrevocable. In Wes
Virginia, our pristine water and scenic beauty are our stoagest asset for developmer
of tourism and a strong economy. Your agency should be working on alternative
energy development not colluding with old king coal. For sbame on your sham, It-
would be instructive if it were your home which would fall to ruin under the bkstin
Only then might you act to protect these lands from wanton and unnecessary
destruction.
Sincerely, Carli Mateneck
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1059
Section A - Citizens
-------
Peter Mareneck
Rog Marjay
DeliveredDate: 01/06/2004 07:35:02 PM
Mining
Attention Mr, John Borren/US EPA:
When you are. considering our citizen input on the wanton destruction called
Mountaintop Removal Mining, please, act as if it is your family's home that is being
rattled apart; as if it is your.mother's gravesite that is being buried forever,: your lifetime
of hard work and dedication that is being leveled.
This activity is nothing less than rape, .If you and your agency condones and permits this
attrocity to the. lives and properties of your fellow Americans, you might .as well be
condoning and permitting the. rape of our daughters. You have the power
& responsibility to stop this horror, Mr. Forren. We're counting on you to listen to your
conscience and stand up to end this
brutal and selfish nightmare.
Sincerely, P.A.MarenecM Sweet Springs, WV
1-9
Plss.se know that cur church has a partner parish church in Appalachia,
and so
we have a special interest in the people. Please do evei y thiuy you can
to
protset Appalachian, streams snd rivers front rftoutaintofp mining
pollution.
It is
a disgrace that raining companies can so easily remove a whole
mountainLop to
get at the coal and thc?n dump the debris into Appalachian wteis.
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1060
Section A - Citizens
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Thomas Marshalek
Martin
.— Forwarded by David Rider/RMJSEPA/US on 01/07/2004 03:42 PM
"tom@btoomingiutt.
com"
-------
management at West Virginia University, where he taught fo:
11 years. Maxey also'has worked 15 years as a forester for
Westvaco Corp, and seven years for Georgia Pacific.
Although the law requires mined land to be reclaimed for an
equal or greater use than its pre-mining use, most becomes
grassland, not a timber-rich forest, Maxey says. And procedti
that could make the land good for trees are not being widely
used, he says.
Timber is the only renewable natural resource and the
industry employs more than 30,000 people, Maxey says. By
comparison, the coal industry employs about 18,000, includ:
about 4,400 at surface mines, according to the WestVirginla
Coal Association.
Maxey also says that Underwood has never consulted hi
on forestry issues during the governor's two-year tenure.
"For 44 years I went to work with enthusiasm. I couldn't wait
get to work. The last two years I had to force myself," says
Maxey, 64.
The only contact he had with Underwood's office was af
Secretary of State Ken Hechler, an opponent of mountaintop
removal, quoted Maxey as saying the practice had "destroyec
250,000 acres of forest.
Two Underwood aides called him and ordered him to
issue a rebuttal, Maxey says. Instead, he put out a statement
saying 300,000 acres of forest had been "disturbed."
"I had to, against my will, really, say that it could be
properly reforested.... That isn't what I really wanted to say.
That's what I was told to say," Maxey says.
"Absolutely untrue," says Underwood spokesman Dan
Page, one of the two aides Maxey says pressured him.
Page says he called Maxey to see if Hechler had quoted him
correctly.
He and Jimmy Wedge, who says he called Maxey on an
unrelated matter, say they suggested Maxey clarify his positi
if he believed Hechler had misrepresented it.
"I've never ordered anybody to do anything against his
will and wouldn't," Page said.
Maxey would not have been fired for publicly opposing
mountaintop removal, he said. Neither he nor Wedge knew
why it took Underwood so long to reappoint Maxey.
If he could not live with the Underwood administration's
opinion on mountaintop removal, "Why did he take the job?"
Wedge asked.
Maxey also says he was pressured by the state DEP and the
federal OSM to approve a phrase Maxey says would justify
leveling mountains. The agencies wanted the phrase to be
included in specifications written by the Division of Forestry
for voluntary reclamation of mines into woodlands.
The phrase, which is in 1997 state surface mining
regulations, says flat or gently rolling land on a site reclaimed
to woodland is "essential for the operation of mechanical
harvesting equipment."
Maxey says the idea that timber can be cut only on flat
land is ridiculous because loggers have used automated
equipment on West Virginia's hills for decades.
John Ailes, chief of the DBF's Office of Mining and
Reclamation, says someone in his office may have asked Maxey
to include the phrase only to emphasize the existing law.
"We want to try to get more reforestation. That's
important," Ailes says. "I don't understand where he's coming
from at all."
Dennis Boyles, regulatory programs specialist at the OSM's
Charleston office, denied his agency pressured Maxey.
Boyles says the phrase refers to an exception to the 1977 law
that requires mountaintop removal mines to be reclaimed to
their "approximate original contour."
Coal operators do not have to do that if they prove the site
can be logged only with equipment that cannot be used on
hills.
Maxey says few mines are reclaimed to their "approximate
original contour."
Also, most mines strip topsoil and do not replace it, Maxey
MTM/VF Draft PE1S Public Comment Compendium
A-1062
Section A - Citizens
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says. The soil that Is returned is covered with lime and
hydroseeded with grasses, which makes the ground too
alkaline for trees.
"In other words, our valuable hardwood forest is lost for
the next 150 to 200 years," Maxey says.
Coal companies also compact the soil. "Then you are
trying to plant a tree in concrete. It doesn't work," Maxey says.
If coal companies returned the topsoil, including several feet of
weathered sandstone that was not compacted or leveled, the
land would immediately be ready for seedlings, Maxey says.
"If we can't get it stopped, this is the next best thing, a last
resort We need to stop mountaintop.removal," Maxey says.
MOUNTAINTOP REMOVAL HURTS STATE'S PAST AND ITS
FUTURE MAN ON THE MOONSCAPE
THE CHARLESTON GAZETTE 01/28/2000
By WILLIAM MAXEY
As director of West Virginia's Division of Forestry, it was
1996 before I fully realized the magnitude and permanent
elimination of West Virginia's forestland in the southern and
central coalfields by mountaintop femoval of coal. A helicopter
tour of these areas and the results of an updated forest
inventory disclosed not only the size and rate of deforestation,
. but the loss of West Virginia's mountain culture.
Since the federal_Surface Mining Act of 1977 was enacted,
all of West Virginia's governors and legislators of both parties
have been very supportive of the illegal variances in this law
that allowed mountaintop removal of coal. I served at the
pleasure of governors of both parties from 1993 to 1998.
I wish to make it clear that while I was head of the Forestry
Division I attempted to work within the system to encourage
the West Virginia Mining and Reclamation Association and the
West Virginia Department of Environmental Protection to
prevent further devastation. The only concession was to make
my professional proposals an option, as opposed to
mandatory.
Mountaintop removal has already caused long-term
problems and until Judge Charles Haden's II ruling, the rate
was increasing. I resigned as a matter of principle, for I did not
want to share in the blame nor guilt for the loss of West
Virginia's heritage through the loss of our
forested mountains.
In West Virginia, from 1977 to 1997, 300,000 acres were
made into a moonscape by the decapitation of our mountains.
Vast areas of our Mountain State are made uninhabitable for
our citizens.
The rate of decapitation of our mountains had increased
to 30,000 acres annually. It will take 150 to 200 years before
trees would become re-established following such a drastic
MTM/VF Draft PEIS Public Comment Compendium
A-1063
Section A - Citizens
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mining practice.
All native plant and animals are practically eliminated
(not to mention the impact on
threatened & endangered species).
The headwaters of hundreds of miles of our streams are
filled with millions of tons of
mountain tops (overburden.)
This irresponsible excavation of coal makes the landscape
so unsightly that it ruins tourism. (I can't envision tourists
coming to see these barren wastelands!) Isn't tourism supposed
to be our growth industry?
The timber and wood products industry, employs some.
30,000 in West Virginia. Prior to mountaintop removal, all of
West Virginia's 11 million acres of forests were producing
substantial volumes of high-value timber. Trees are our only
renewable natural resource.
There are about 17,000 jobs in coal mining. The mining
industry projects the coal reserves to be depleted within 20
years.
Mountaintop removal of coal employs just a few hundred
of these workers. It is a sad irony that mountaintop removal
actually destroys more coal mining jobs than it creates; union
miners are expediently replaced by relatively few heavy-
equipment operators.
Maxey resigned as director of the Division of Forestry in
November 1998.
Bill Maxey on Mountain Top Removal
source; Ths Charleston Gazette
Bill Maxey served as director of the Division of Forestry from 1993 until 1998
whan he resigned In protest against mountain top removal. Maxey was a tsnurad
associate professor of forest management at West Virginia University, where he taught
for 11 years. Maxey also has worked 15 years as a forester tor Westvaco Corp., and
seven years for Georgia Pacific.
The following quotes were taten from two articles in The Charleston Gazette
"I think mountaintop removal Is analogous to serious disease, lite AIDS..." Bill Maxey,
Former Director of the WV Forestry Division fn the Charleston Gazette
"...most mines strip topsoii and do not replace it."
"It will take-ISO to 200 years Before trees would become re-established following such
a drastic" mining practice."
"It Is a sad Irony that mountaintop removal actually destroys more coal mining jobs
than It creates; union miners are expediently replaced by relatively faw heavy-
equipment operators."
"This irresponsible excavation of coal makes the landscape so unsightly that it ruins
tourism. (I can't envision tourists coming to see these barren wastelands!)"
"All native plant and animals are practically eliminated."
"in West Virginia, from 1977 to 1997,300,000 acres were made into a moonscape by
the decapitation of our mountains. Vast areas of our Mountain State are made
uninhabitable for our citizens."
'Timber is the only revewable natural resource and the industry employs more than
30,000 people..."
"I resigned as a matter of printoiple, for I did not want to share in the blame nor guilt for
the toss of West Virginia's heritage through the loss of our forested mountains."
In an interview with Bill Maxey (Not in The Charleston Gazette):
The over 300,000 acres already destroyed by mountain top removal would
have grown 60,000,000 board feet of timber every year forever. 60,000,000 board feet
of timber could have been cut every year forever, without reducing the timber mass, on
what has already been destroyed.
MTM/VF Draft PEIS Public Comment Compendium
A-1064
Section A - Citizens
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Julia Martin
Julian Martin
— Forwarded by David Ridet/R3/USEPA/US on 01/07/2004 03:32 PM - —
o.com" To: R3 Mountaintop@EPA
•^paintedtoes cc:
Subject: Please Stop Destructive Mountaintop
Removal Mining
01/06/200403:18
PM
Dear Mr. John Fatten, Project Manager,
Please amend the EPA's draft ENVIRONMENTAL IMPACT STATEMENT so as
to limit the effects of harmful mountaintop removal mining.
Hie J3ush administration should consider alternatives that reduce the environmental
impacts of moimtaintop removal and theti implement measures
to protect natural resoxirces and communities in. Appalachia, such as restrictions on
the sifce of valley fills to reduce the destruction of streams, forests, \\rildlife and
communities. 1 urge you to immediately amend the draft E1S accordingly.
Sincerely,
Julia Martin
|ulia Martin
220 West 107th St. 2H
New York, NY 10025
ptsintedtoes@yahoo.com
1-5
Julian Martin
Date: 1/09/2004
City: Charleston
State: WV ,Zip:-.25314
The U.S. Fish and Wildlife Service said the alternatives, offered in the BIS, to regulate
fnd.imtaintop: removal mining "cannot be interpreted as ensuring any improved
environmental protection." One alternative should be the banning of the filling of any
streams with mine waste and-please don't th
-------
Namon Martin
Rev. Mary McAnally
U.S, Environmental Protection Agency (3ES30)
1650 Arch. Street
Philadelphia, PA 19103
Dear Mr, Forren:
I live in eastern Kentucky, In this region we experience the negative impacts of mining every day. Many
of us have water wells that have nm dry or turned orange or black, due to mining. More than 1,200 miles
of our headwater streams have been buried or destroyed by valley fills. Almost 7 percent of our forests
have been — or will soos be — leveled by moustaintop removal. Hooding is our communities is
increasingly common and severe. We fear the day when the sludge ponds above our homes break - as
they did in Martin County, KY ia 2000 ~ burying us at the bottom of hundreds of millions of gallons of
toxic sludge. Our quality of life has been shattered by excessive blasting that shakes our homes, cracks
our foundations, and wrecks our peace.
Some call this area a national sacrifice zone. living here, it feels more like a war zone.
It doesn't have to be this way. There are laws on the books K> protect clean water, public safety and the
envtroaraetit It is perfectly clear that mduntaintop removal and valley fills are a violation of the federal
Clean Water Act and the Surface Mining Control and Reclamation Act These practices should be
banned. The coal industry must not be allowed to destroy our homeland.
The draft Environmental Impact Statement on mounteintop removal and valley fills is a dangerous gift
from the Bush administration to the coal industry. Instead of recommending ways to stop the
destruction, the EIS proposes ways to make it easier for coal companies to level our mountains, bury our
streams, and wreck our homeland. This is shameful and wrong.
I know first hand the terrible impacts of tnountaintop removal and valtey fills. I also believe we can
build a better future for eastern Kentucky. We can have clean streams and a healthy forest and restore
our quality of life. We can create good jobs for our people that don't wreck t&e environment. Aad we
have to start down a different road now.
Take a stand. Enforce the law. Ban mountaintop removal and valley fills. Stop the coal industry from
destroying everything that we value most Start making choices that win benefit our children and yours.
Sincerely,
Name
10-4-2
1-9
RECTO
1 0 8 214
Januarys, 2004
Mr.JbhnForren
U.S. Environmental Protection Agency
1650 Arch Street
•Philadelphia, PA 19103
Dear Mr. Foirem
I'm writing you out of my concern about the Bush administration's apparent lack of
commitment to our natural environment. His priority seems to be to sacrffiee natural
resources fcr the sake of corporations and practices geared toward profit motive instead
of human, animal, and land weliare.
Specifically, I'm upset about PLANS TO CONTINUE TO LET COAL COMPANIES
DESTROY APPALACBIA WITH MINING PRACTICES THAT LEVEL OUR
MOXJNTAINTOPS, WIPE OUT FORESTS, BURY STREAMS, AND DESTROY
COMMUNITIES. This is an abuse of oar lands, waterways, habitats, and humanity!
This admtaktratios's draft E&vfroaaental Intact Statement (BS) oa isoustaintop removal
coal mining, sates that the environmental effects of moumaintop removal are widespread,
devastating, and permanent Yet the EIS draft proposes no restrictions on the size of
valley fills that bury streams, no limfts OB the number of acres of forest that can be
destroyed, no protections for imperiled wBdHfe, and no safeguards for the communities
of people that depend on the regkm'» natural resources for themselves and their fiiture.
The Bush adraMstratfat's "preferred alternative" ftraddressbg the problems caused by
njountasjtop removal coal mraing is to 'weaken existing environmental protections. This
ignores the administration's own studies detailing the devastation caused by mountainlop
removal coal tnfeing. These include:
--over 1200 nates of streams have been damaged or destroyed by it
— fcrest tosses in West Virginia have the potential of direo% unpaeting as many
as 244 vejtbrate wildlife species
— witteut new Softs on ntouataiatop removal, an additional 350 sq. at of moun-
tains, streams, and forests wil be flattened and destroyed by it
In H$it of these firets, I URGE YOU TO CONSIDER ALTEKNA1TVBS THAT
REDUCE THE ENVTROmfflffAL IMPACTS OF MOUNTASNTOP EEMOVAL. I
am hopeful that the Environmental Protection Agency witt place the welftre of the land,
water, and habits, as weU as the luimans depending on them, before the welfare of
corporations that wffi destroy them needlessly and cntefly.
1-10
Tuba, OK 74110-5214
MTM/VF Draft PEIS Public Comment Compendium
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James McCarthy
Dora McCarty
First Name:
James Last Name:
City: Fartningdale
McCarthy Letter-Date: 1/2/2004
State: NY Zip: 11735-B12
It is unconscionable that the Bush administration plans to continue, to let coal companies
destroy Appalacbia with mining practices that level motmtaiatops, wipe out forests and.
bury streams in the valleys below. Monntaintop-removal mining and valley .fills should
not be allowed and the laws and regulations that ptoteet clean water Must not be
weakened. In particular, I oppose the proposal to change the stream buffer zone rule that
prohibits mining activity within 100 feet of streams. This rule should be strictly enforced
for valley fills and in all other cases. Mountain top mining for coal is a destructive
method for coal extraction. This was made evident in an episode of Nova seen on PBS
stations. The waste front .the .mountain top was dumped into a nearby valley. This in turn
dammed the creek that tan.throngh.the. valley. The damming of the creek changed the
nearby town forcing residents to move. Eventually enough people moved, from, the town
to cause business that were there for generations to close due to lack of business.
Eventually this town will become a bust leaving and .additional scar to a once beautiful
ecosystem and community.• The mining company even had the audacity to say that they
leave the mined mountain top better than when the found it. If they feel a flat mountain
top is better then they have a perverse sense of beauty. What makes this request the most
saddening is that I have write to you Mr. Forrfen, an administer within the EPA, about
protecting the environment, I think yon and all of .the EPA political appointees have
forgotten what the purpose of the EPA is. On -your webpage the mission of the EPA is:
clearly stated; EPA's mission is to protect human health and to safeguard the natural
environment ? air, water, and land ? upon which life depends. For 30 years, EPA has
been working for a cleaner, healthier environment for the American people. Please
remember this mission when you are making your recommendations about how we as a
country can not allow mountain top mitring. That instead of making it easier, we should
be, patting further restrictions. Finally, lalso want to remind yew that you and everyone
from Mr. Mike Leavitt on down works to protect the environment and not to facilitate
President Bush wishes on nullifyin'g the great work that has been :done over the last thirty
years at protecting our environment.
Respectfully, James Me Carthy
1-9
10-4-2
11-3-2
MTM/VF Draft PEIS Public Comment Compendium
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ErikaMcCarty
10-5-2
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MTM/VF Draft PE1S Public Comment Compendium
A-1068
Section A - Citizens
-------
Kerry McClure
January 5,2004
Mr. John Forren EPA
U.S. EPA (3BA30)
1650 Arch St.
Philadelphia, PA 19103
Dear Mr. John Forrea EPA,
It is unconscionable that the Bush administration plans to conthMie to let coal companies
destroy Appalachia with mining practices that level mountaintops, wipe out forests and
bitry streams in (he valleys below. Mountaintop removal mining and valley fills should
not be allowed and the laws and regulations that protect clean water must not be
weakened. In particular, I oppose the proposal to change the stream buffer zone rule that
prohibits mining activity within 100 feet of streams. This rale should be strictly enforced
for valley fills and in all other cases.
Tm disappointed and angry that the federal government ignored its own studies when it
proposed weakening, rattier than strengthening, protections for people and the
environment. 1 do not support my of the three alternatives contained within the
Environmental Impact Statement Report. All three options will make it easier for
companies to destroy streams, endangering wildlife and nearby communities.
May 1 make a fourth, better option which will solve the problem of acquiring needed
mineral resources, reduce hannful mining effects, and create tens of thousands of new
jobs instantly? It boggles my mind that so few in charge of government understand the
simplicity of national mandatory recycling programs to recover the huge amounts of
resources that so often go to waste to some landfill. All manufacturers must be required
to "take back" their own products for reconditioning or dismantling. Since they made
them, they know best what is in them, and how best to break it down into recyclable raw
materials. Product design should facilitate easier steps to accommodate it's eventual
demise.
The EPA or any number of agencies could share responsibilities for enforcing this "post-
use decommission and dismantle" program. Sure, consumers and manufacturers will
have to share shipping cost increases associated with returning all expired products back
to their maker, but this cost would be ofiset by the creation of jobs. The end result is
more economic expansion and less ecological destruction, and wouldn't that make the
EPA look good?
We would be following in the footsteps of other "greener" nations who believe
sustainable living requires less consumption and more recycling. The minor cost increase
will be worth every penny, because the alternative (more permanent environmental
destruction and habitat loss) is unthinkable. I challenge you to take these sustainable
ideas and press them forward to your superiors. Dont do it just for me, or for your own
1-10
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1069
Section A - Citizens
-------
career enhancement; do it for all the generations yet to come.
1501W Washington St
Rm203
Phoenix, AZ 85007-3222
— Forwarded by David Ridet/R3/USEI?A/US on 01/09/2004 02:51 PM —-
kmcdure@courts.sp.
smte.az.us To; R3 Mountaintop@EPA
cc:
01/05/200404:11 PM Subject: Don't fill our streams with waste materials
Dear Mr. John Forreri EPA,
It is unconscionable that the Bush administration plans to continue to
let coal companies destroy Appalachia with mining practices that level
mo-untaintops^ wipe out forests and bury streams m the valleys below.
Mauntamtop removal mining and valley fills should not be allowed and
the laws and regulations that protect clean water must not be weakened.
In particular, I oppose the proposal to change the stream buffer 'zone
rule that prohibits mining activity within 100 feet of streams. This
pile should be strictly enforced for valley fills and in all other
cases. I'm disappointed and angry that the federal government ignored its own
studies when it proposed weakening, rather than strengthening,
protections for people and the environment. I do not support arty of the
three alternatives contained within the Environmental Impact Statement
Report. All three options will make it easier for companies to destroy
streams, endangering wildlife and nearby communities.
Don't fill our streams with waste materials It is unconscionable that
the Bush administration pkns to continue to let coal companies destroy
Appakchia with mining practices that level mountain tops, wipe out
forests and bury streams in the valleys below, Motmtamtop removal
mining and valley fills should not be allowed and the laws and
regulations that protect clean water must not be weakened, In
particular, I oppose the proposal to change the stream buffer zone rule
that prohibits mining activity within 100 feet of streams. This rule
should be strictly enforced for valley fills and in all other cases. I'm
disappointed and angry that the federal government ignored its own
studies when it proposed weakening, rather than strengthening,
protections for people and the environment I do not support any ot the
three alternatives contained within the Environmental Impact Statement
Report. All three options will make tt easier For companies to destroy
streams, endangering wildlife and nearby communities.
May I make a fourth, better option which will solve the problem of
acquiring needed mineral resources, reduce harmful mining effects, and
create tens of thousands of new jobs instantly? It boggles my mind that
so few in charge of government understand the simplicity of national
mandatory recycling programs to recover the huge amounts of resources
that so often go to waste in some kndfill. All manufacturers must be
1-9
1-10
1-5
1-10
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1070
Section A - Citizens
-------
Chelena McCoy
how best to break it down into recyclable raw materials. Product design
should facilitate easier steps to accommodate it's eventual demise. The
EPA or any number of agencies could share responsibilities for enforcing
this "post-use decommission and dismantle" program. Sure, consumers and
manufacturers will have to share shipping cost increases associated with
returning aE expired products back to their maker, but this cost would
be offset by the creation of jobs. The end result is more economic
expansion and less ecological destruction, and wouldn't that rnstke the
EPA look good? We would be following in the footsteps of other
"greener" nations who believe sustainable hvtng requires less
consumption and more recycling. The minor cost increase will be worth
every penny, because the alternative (more permanent environmental
destruction and habitat loss) is unthinkable. I challenge you to lake
these sustainable ideas and press them forward to your superiors.
Don't do it just for me, or for your own career enhancement; do it for
all the generations yet to come.
Sincerely,
Kerry McClure
1501 W Washington St
Rm203
Phoenix, AZ 85007-3222
Forwarded by David Rider/R3/USB?A/US on 01/12/2004 02:49 PM —
mcjwva@aoi.com
To:
01/06/200411:02
R3 Mountaintop@EPA
cc:
Subject: Comments on draft programmatic EI.S on mountain!
AM
removal coal mining
Mr. John Forren
U.S. EPA (3EA3Q)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
It is completely ridiculous for anyone to tMnfc that hundreds of
acres of mountaintops can be devastated with earth moving
machines, and the surrounding inhabitants, INCLUDING HUMANS, of
that area wont also be devastated as well!!!
We have had it with the polution in our water, air, and the
disastrous flooding!!!
Do something that you know is right!!! Sleep in peace tonight!!!
Don't let money rule over human and environmental rights!!!
PROTECT WEST VIRGINIA'S NATURAL BEAUTY, ITS VALUABLE AND LIFE
SUSTAINING RESOURCES, AND THE HEALTH AND SAFETY OF IT'S
RESIDENTS
1-9
Sincerely,
Chelena McCoy
218 Ely Pork Rd
Sumerco, West Virginia 25567
Senator John Rockefeller
Representative Nick Rahall
Senator Robert Byrd
MTM/VF Draft PEIS Public Comment Compendium
A-1071
Section A - Citizens
-------
Harold McCurdy
Howard McFann
Forwarded by D*vid Ridet/RS/USEPA/US on 01/07/2004 03:42 PM -—
796 W Outer Drive
Oak Ridge, TN
December 16,2003
REC'D DIG 2 2;
John Forren
U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103
Draft Environmental Impact Statement, on MountEiatop Removal Mining, May 20Q3
I am opposed to the proposed role changes that make it easier to get permits for
mountmiatop removal and to eliminate protection for streams. I am also opposed to
the three alternatives in the DEIS; none of these wiE protect our water or our
communities.
The communities and mountains of AppalacMa are too precious to subject to the
devastation of mountaintop removal.
The nation needs stronger protection from impacts of mining instead of expedited
permitting. The coal removed wfll be burned once (with further damage to the
environment), but damage from the mining will persist.
I urge EPA to redo this impact statement giving more weight to the long term
interests of the country.
Sincerely,
1-5
1-9
Harold MoCurdy
cc: Pres. George W. Bush
Rep. Zach Wamp
Sen. Bill Frist
Sen. Lamar Alexander
"lesmcf@jtnio.com"
-------
JohnMcFerrin
Scott McGarrity
— Forwarded by David Rider/R3/USEPA/US on 01 /OS/2004 01:43 PM
Joh n n ic feran@.ao!,
com To: R3 Mountaintop@EPA
cc:
01/06/2004 03:43 Subject; Draft Environmental Impact Statement
PM
Dear Sir or Madam:
Please consider these as my comments on the Draft Environmental Impact Statement on
Mountain top Removal/Valley Fills.
While the technical portions ot the draft contain some useftii information, the recommendations
and pcoposed alternatives are an embarassmenL The agencies involved gathered all this data on the
harm ml environmental effects of mountaintop removal mining. They responded to these effects by
proposing alternatives for reshuffling permitting responsibilities among agencies.
What is the point of that? Why go through the entire NEPA process if all you am come out
with is a reshuffling of agency responsibilities. There are no alternatives suggesting how we could
do mountaintop removal ui a more environmentally sound manner. There is no alternative that we
not do it at all. The only alternatives proposed are that we keep doing it in the same way we always
have, causing the same damage the Draft documents. The pseudo-alternatives offered are that we
choose among different agencies to preside over the environmental devastation.
If the agencies involved are not embarassed by this then I cart only conclude that they have
reached the point where they are beyond ernbarassment
The only way the agencies can fix this Draft is to shred it Havmg done that, they can try again,
including proposing specific actions that would minimize the environmental effects of mountxintop
removal mining. The alternatives should include not doing it at all. By "actions" I do not mean
more suggestions for paper shuffling or ponderings on which agency should preside over the
present course of
environmental devastation. 1 mean real, on the ground,, action that change the way we mine,
including whether we mine by this method at all.
1 am familiar with the comments filed by the West Virginia Highlands Conservancy. I agree with
those comments and wish to adopt them as my own.
Sincerely,
lohn McFerrin
114 Beckley Avenue
Beck!ey,WV 25801
1-5
January 3,2004
Mr. John Forren EPA
U.S.EPA(3EA3Q)
1650 Arch St
Philadelphia, PA 19103
Dear Mr. John Fatten. EPA,
It is unconscionable Ait the Bush administration plans to continue to let cod companies
destroy Appaiachia with mi&i&g practices that level mouutaiHtops, wipe out forests and
bury streams m the valleys below. Motiataifttop mmrval mining and valley iftls should
not be allowed and the laws ssd regulations that protect clean water most &ot be
weakened la particular, J oppose the proposal to change tfae s&eam buSer ssose rule that
prohibits nrintog activity wittta 100 feet of streams. This rale should be strictly enforced
for valley fills and in an oflw e
JAH
-------
Carol McGeehan
M. McGeorge
1-10
"M, McGeorge"
cc: IMAGINEMEW@aol.com
Subject: Mountain Top Removal
08/16/03 11:45 PM
Mr. John Fort-en, USEPA
It is grossly unfair to the citizens of West Virginia to pollute and defonn our beautiful
state by scraping off the tops of mountains and dumping the rubble in our mountain
streams. In the process, owners of adjacent lands have their property values
destroyed as well.
The interests of the state and the majority of its people are being trampled in order to
enhance the profits of the coal industry.
West Virginia's fotufe is in marketing our beautiful mountain places for tourism and
these very places are being destroyed as we discuss it.
I believe that the majority of WV voters will remember this blatant
hi justice the next time we go to the polls.
11-3-2
11-7-2
MTM/VF Draft PEIS Public Comment Compendium
A-1074
Section A - Citizens
-------
Margaret McGirmis
Judith McHugh
Forwarded by David RiderfRS&JSEPAMS on 01D8/2004 03:55 PM —
jfimwvB@aol. com
To: R3 Mountairtop@EPA
01/02/2004 06:51 co:
PM Subject; Comments on Draft programmatic Environmental Impact
Statement on mountalntop
removal coal mining
I-IO
Enviromental Protection Agency Environmental Impact Statement
Dear Environmental Protection Agency Environmental Impact Statement,
Everyone knows how destructive mountaintop removal mining is to
forests, streams and wildlife. I find it hard to believe that my
President is not trying to find some way to reduce its impact,
but instead is encouraging it to take place faster.
Please try to find some way to protect our natural resources and
communities In West Virginia instead of encouraging their
destruction.
Thank you sincerely,
Judith McHugh
I-9
Sincerely,
Judith McHugh
2008 Nortrvwood Road
Charleston, West Virginia 25314
MTM/VF Draft PEIS Public Comment Compendium
A-1075
Section A - Citizens
-------
Meagan McKay
Catherine McKenzie
Forwarded by David Ridet/R3/USEPA/US on 01/30/2004 11:21 AM
Meagan McKay
cc:
Subject: Mountain Top Mining Draft EIS Comments
01/14/2004 08:26
AM
Meagan McKay
8B Hickok Place
Burlington, VERMONT 05401
January 14,2004
]ohn Forten
US EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Forren:
I oppose the Bush administration plans to continue to let coal companies destroy Appalachia
with mining practices that level mountaintops, wipe out forests and bury streams in the
valleys below. While I have no loyalties to any one particular party, I am a registered voter
who takes environmental issues very seriously, as do many of my peers. Please take the time
to objectively consider this issue, and ask yourselves if the benefits from environmental
destruction can honestly outweigh a global cost that is immeasuteable.
Sincerely,
1-9
— Forwarded by David Ridet/R3/USEPA/'US on 01/08/200401:59 PM
"camckeozie@y~ahoo
.com"
-------
Bonnie McKeown
Cathe McLaughlin
Bo n n i Me Keown
Subject: Mountaintop Mining
08/20/03 08:25 PM
Cur beautiful state has been devastated by raountaintop removal Joining.
Whatever the technicalities, cutting off mountains and fllllna streams
and
valleys v«lth waste is environmentally harmful and a crime against
nature.
'1 he n*~w envi remittent, a 1 impact, .^at^m-enf. needs to ref 1 e?ct, the monimienta 1
cumulative effects of this type ot mining,
E-onni KcKeown, i?,O, Box M, Capon Springs WV 26823
9-2-2
Please stop mountaintop mining in West Virginia or anywhere else for
that matter. It is iasaae to destroy perfectly natural environments For
the sake of justifying jobs. The impact of these action are very
destructive. Including flooding potentials, contaminating waters,
destroying streams, animal habitats, as well as human beings.
Please stop!!'!
Cathe McLaughlin
100 Saddlerock Road
Lynchburg, VA 24503
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1077
Section A - Citizens
-------
Corinna McMackin
Forwarded by David Rider/RMJSEPA/US on 01/12/2004 02:49 PM
Corinna Therese
McMackin To: R3 Mountaintop@EPA
Subject: Draft MTR/VF EIS comment
01/06/200411:41 AM
Corinna McMackin
lOSOLoraneHWY
Rugene, OR 97405
Mr. John Forren January 6,
2004
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mr. Forren,
1 am writing today to share my comments on the draft Environmental
Impact Statement on mountaintop removal mining/valley fills released
May 29, 2003. The DEIS claims to work toward "[effecting] better
environmental protection for mountaintop mining and valley fill
operations." The draft's studies articulate the widespread,
irreversible ecological damage caused by MTR/VF practices.
Nevertheless, the alternatives proposed in the draft suggest a
weakening of current laws and regulations in favor of developing a
more efficient mining process. This stated purpose of and the
recommendations made within the DEIS are in conflict with one another.
Appalachia, a No MTR/VF Mining alternative should be a consideration
in the DEIS.
The MTR/V'F BIS is the product of community opposition to conditions
created by MTR/VF operations. These same eomrminity groups call not
for a stop to coal-mining in general, but rather for an end to the
destructive nature of MTR/VF operations. I believe that if the EIS is
going to fulfill either it$ commitment to the original plaintiffs in
the Bragg V. Robertson case or its obligation to a full-range of
alternative as provided by NEPA, then the EIS is required to analyze a
No MTR/VF Mining alternative.
The agency-sanctioned terms overburden and inlerburden reflect an
official climate that has favored a vision of Appalachia as coal.
These terms reduce the mixed mesophytic forest to a burden above or
between seams of coal. This narrow vision of the use and value of
Appalachia's coalfields is reproduced in the DEIS. It is reflected
in the federal and state agencies failure to consider alternatives to
MTR/VF coal-mining. It is due to the agencies' inability to we or
evaluate alternatives to MTR/VF coal-mining, as required by law under
NEPA and requested by citizen-action groups, that I feel the current
DEIS should be deemed insufficient. I believe the study should be
continued with additional attention paid to community-identified
impacts as well as community-based alternatives to MTR/VF mining.
Sincerely,
Corinna McMackin
l-j
4-2
I oppose the alternatives outlined in the DEIS. I disagree with the | 1 "5
suggestion to dismiss the application of the 100-ft stream buffer zone
identified in SMCRA to valley fill construction, and I challenge the
legitimacy of a DEIS that fails to examine a full-range of
alternatives as required by NEPA. The May 2003 DEIS does not analyze
real alternatives to MTR/VF mining. The 2003 DEIS dismisses
alternatives proposed in the preliminary draft (January 2001), which
analyzed placing real limits on the size of mountaintop removal valley
fills. Furthermore, the draft fails to include a No MTR/VF Mining
alternative. Considering the permanent ecological damage of MTR/VF,
the falling coal-related employment rates, and the disproportionately
high rates of poverty in top-coal producing counties across
1-10
4-2
MTM/VF Draft PEIS Public Comment Compendium
A-1078
Section A - Citizens
-------
Elizabeth McMahon
James & CarlaMcMillin
is /
JAH2,
fa
~tS
o&TL&ff
-ZtLtg'-ot^SL (2^1 eU^^Lf_
&<9~r*tf>
,/
&0~r*tf>Msrt£j!i** ^,"^
H^s**?
1-10
- Forwarded by David Ridet/R3/USEPAAJS on 01/08/2004 11:39 AM
James McMiilin
co:
Subject,: Mouutaintop removal
12/30/2003 03:07
PM
Mr. John Forren
Project Manager
U.S. Environmental Protection Agency (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Email: mountaintop.r3@epa.gov
I, along with most other Kentuckians want you to stop destructive
mouiitaintop removal mining.
Mountaintop removal coal mining is a form of strip mining in which
coal
companies search for coal throughout Appalachia by literally blasting
hundreds
offset off the tops of mountains, pushing millions of tons of mining
waste
rubble into surrounding valleys and burying hundreds of miles of
streams. The
Bush administration has released a draft environmental impact
statement
assessing the effects of mountaintop removal mining that confirms that
the
resulting environmental and social harms are severe and mostly
irreversible.
More thaa 1200 miles of streams already have been buried, damaged or
destroyed;
hundreds of square miles of forested mountains flattened; and
generations-old
1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1079
Section A - C/feens
-------
Janet McReynolds
communities of coalfield residents have been forced from their homes
by this
extremely destructive mining practice. To avoid additional and
significant
devastation of the Appalachian region's natural resources — and of
the
communities that depend on those resources — mountaintop removal must
be much
more strictly limited. Indeed, without new limits on mountaintop
removal, an
additional 350 square miles of mountains, streams, and forests will
soon be
flattened and destroyed.
Although the administration's environmental impact statement is
supposed to
suggest, ways to limit the environmental harm caused by mountaintop
removal, the
Bush administration is proposing just the opposite: it wants to allow
mountaintop removal to continue and even make it 'easier* for coal
mining
companies to obtain permits for this form of mining.
This kind of typical double speak from this administration and
trashing of decades of beneficial environmental work has got to stop
from the inside out or we will be forced to change it from the outside
with our votes in the next election.
Sincerely,
James and Carla McMillin
,'REC'D AU8 2 g
1-10
John Forren August 18,2003
US.EPA(3ES30)
1650 Arch Street
Philadelphia, PA 19103
Dear Mi. Forren:
I find it completely astonishing that anyone could read the recent Environmental Impact Study
regarding mountaintop removal and yet still believe that the solution is to further weaken the
current lukewarm regulations that apply to all aspects of coal mining in the Appalachian region.
The report clearly documents the extensive damage done to our land, forests, water and
ecosystems by mountaintop removal and valley fills. Not only that, but the report provides strong
evidence for banning mountaintop removal altogether. Yet the recommendations in the report
itself totally ignore the findings of the study and instead propose actions ttet would mean more
mounfaintop removal with even fewer protections for people and the environment.
As I understand it, the original purpose of the report were to look for ways to IMPROVE agency
programs under the Clean Water Act, Sur&ce Mining Control and Reclamation Act (SMCRA)
and Endangered Species Act (ESA) that will contribute to REDUCING the adverse
environmental impacts of mountaintop removal operations and excess spoil valley fills in
Appalaehia. Then, when the report was finished in 2000, the Bush Administration refused to
release it because it didn't like the results!!! This is a travesty of uie democratic system. When an
administration denies public access to information it is very clear that the administration is not
interested in the public welfare but is in collusion with the big corporations mat own ttie coal
companies and other entities in charge of the devastation of the environment
This lack of concern for the people and the environment is made even clearer when one reads the
"Alternatives" #1,1 or 3 contained within the EIS report, which are no alternatives at all, but
simply more ideas to make it easier for the coal companies. None of these recommendations will
protect our steam and forest ecosystems. They will not protect our cotmnunitjes. In fact, the
recommendations have no relation to the problems caused by mountaintop removal mining and
valley fills as documented in the studies.
Instead, in its continuing quest to go down in history as the presidential administration with the
worst environmental record, the Bush administration has used the EIS process to propose rule
changes to make it even easier for coal companies to get permits for mountaintop removal and to
eliminate protections for streams. Doing away with the "buffer zone" rule that protects streams
ftom the eflecte of coal mining is merely an early Christmas present to the coal companies that
makes it even easier for them to get permits for mountaintop removal and valley fills, the most
blatantly destructive mining method ever used. It ignores the science and evidence about what
mountaintop removal mining is doing and ipores the public's demand for clean water, healthy
environment and safe communities.
The report itself is misleading for several retsooj.
• It calls for "harmonizing" federal regulations, which simply means reducing all regulations to
the lowest common denominator and therefore the least effective and meaningful roles; and
requires "science-based methods," which is a particularly devious way to ensure that
1-10
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1080
Section A - Citizens
-------
Shawn Meagher
coalfield residents cannot strengthen regulations to prevent more damage by the coal industty
without "conclusive" scientific proof.
• The report rejects withort any meaningful consideration alt proposals that would have
restricted the use of valley fiils or enforced existing laws. There is plenty of scientific
evidence - and a strong legal case - that documents the widespread and irreversible damage
the coal industry is doing to our region. Leveling mountains and burying streams is wrong
and must stop.
« The report recommends weakening existing laws and regulations that protect clean water,
including doing away with the 25-year-old "stream buffer zone" rule because it calls into
question the use of valley fills and creates "confusion," and re-defining some streams out of
existence,
If mountaintop removal is allowed to continue, there will be no streams - and hence no water
sources - left in the Appalachian region. As it is, we have lost 724 miles of streams, and another
1,200 miles have been adversely affected, due to both mountaintop removal and the concerted
effort at lack of enforcement by all the agencies involved. Even without further relaxing the
regulations, the Appalachians will lose 2,200 square miles of forest by 2012, as a direct result of
coal-mining operations. In addition, 600 square miles of land and another 1,000 miles of streams
will be destroyed This will make the land uninhabitable, rendering thousands more people
homeless. Hundreds of people have already lost homes, water, and property due to
uncompensated damage by coal companies.
It is imperative that the government pay very close attention to its own report Not only can we
not relax the current regulations, we also need additional restrictions and enforcement
requirements. Mountaintop removal cannot be allowed to continue as a coal extraction method.
Even beyond the environmental devastation, it is economically the least beneficial method to the
communities in which it occurs.
I moved from middle Tennessee to eastern Kentucky ten years ago and was impressed by the
beauty of the mountains of Appalachia. Those mountains are disappearing, being plowed over
into the green valleys to leave a brown treeless moonscape (reclamation laws are rarely, if ever,
enforced). This is the legacy of mountaintop removal. The people causing this rampant ruin-
including President Bush - do not live here, do not have to see it, and are at no risk of having
their homes, property, and their very lives destroyed by it We must stop mouutaintop removal
before there are no mountains left to remove.
Thank you for your time,
0
cc: President George W. Bush
Janet Comperry McReynolds
Krypton, KY
1-7
1-9
Mount® in topi EPA
Kou n t,a i n t op Mini ng
December 05, 2003
John E'orren, Environmental Protection Agency
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103
Dear Hi. Forren,
Will you please stop the uiove to weaken regulations on mountaintop
mining in
the Appalachian Mountains? I am a biologist who has recently
vacationed
in West
Virginia. I was struck by the beauty of this region. Mcimtaincop
mining destroys
biodiversity and harms the health of our people.
1-10
1-9
1-5
As a US citisen/ I ask you to please implement stronger NOT weaker
regulations
for this practice, and I wholeheartedly support the recommeudaclons
from
the organization/
American Rivers (attached below).
Thanks for your tints«
Shawn Meacfhei*
AMERICAN RIVERS SAYS:
I am opposed to any change® that would weaken th
-------
Colby Mecham
1-5
xoux draft EIS contains indisputable evidence of the devastating and
irreversible
environraental harm caused by mountaintop mining. Other agency studies
also show
that isoimtaintop mining contributes to flooding disasters in mountain
c oitasurn iti.es.
Unfortunately, each of the alternatives in the draft E-IS ignores the
findings
of the.?e studies and the very purpose of the EIS- to find ways no
m.utisfij.ze, Lo
Ihtt maximum extent piacuical, lhs$ environmental consequences of
mountaintop mining.
The draft EIS does not eKaiKine a single alternative that, would reduce
those impacts.
Worse, your "preferred alternative" would clearly increase the damage
f r ore no u. n tain top
raining by eliminating thr> Surface Mining Control Rrid Reclamation Act's
buf ter
zone rule that prohibits mining activities that disturb any area within
100 feet
of larger streams, eliminating the current limit on using nationwide
permits to
approve valley fills in West Virginia that are larger than 250 acre^f
and giving
the Office of Surface Mining a significant new role in Clean Water Act
permitting
for mountaintop mining (a role it does not have under current law).
Ou.c enviroamsntai laws require, and the citizens of the reqion deserve,
a full
evaluation of ways to reduce the unacceptable- impacts of mountain tot)
mining.
I urge you to abandon yout "preferred alternative" and to rDevaluate a
full range;
of options that wil 1 rainincise th^ enormous eiivicotimental and economic
damage caused
by n,oi;ntaintop mining and valley fills.
Than k you for your co n s i der a t i oil *
4-2
ft
(Lt-nMAT^,
1-13
1-10
1-13
^uuyiM
0
MTM/VF Draft PEIS Public Comment Compendium
A-1082
Section A - Citizens
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Elaine Melnick
Barbara Mendelsohn
REC'D JAN ? 8
1-9
Forwarded by David Rider/E3/USEPA/US on 01/07/2004 03:42 PM -—
"Baitoara@Storylin
eArts.com" To: R3 Mountaintop@EPA
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