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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    *
   dep
              Volume III

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             Table  of Contents
                             VOLUME I
INTRODUCTION	14
SECTIONA	
Elected Officials	
The Honorable Frank Pallone, Jr., United States House of Representatives.
  .A-l
  .A-2
  .A-3
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	
 ...A-6
 ... A-7
 .A-14
 . A-14

 .A-20
 .A-21
 . A-23
 . A-24

 .A-24
 . A-26
 .A-26
 . A-48
 .A-49
 .A-53
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	
,.A-54
.. A-55
... A-56
.. A-57
.. A-59
... A-61
.. A-65
 A-223
 A-224
 A-225
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
MTM/VF Draft PEIS Public Comment Compendium
                                                                     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	
. A-853
, A-854
. A-855
. A-855
. A-856
. A-856
. A-857
. A-858
. A-858
. A-859
. A-859
. A-860
. A-860
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. A-861
. A-862
. A-874
. A-875
. A-876
. A-876
, A-877
. A-877
. A-878
, A-878
. A-879
. A-880
. A-880
. A-881
. A-882
. A-885
. A-885
. A-886
 A-891
, A-892
 A-893
 A-893
 A-894
 A-894
 A-895
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	
. A-919
. A-919
. A-920
. A-921
. A-922
. A-922
. A-923
. A-924
. A-924
. A-926
. A-927
. A-927
. A-928
. A-929
. A-929
. A-930
. A-930
. A-931
. A-931
. A-932
. A-932
. A-933
. A-935
. A-935
. A-936
. A-937
. A-938
, A-938
. A-939
. A-940
. A-940
, A-941
. A-942
. A-943
. A-944
 A-944
. A-947
 A-947
 A-951
MTM/VF Draft PEIS Public Comment Compendium
                                                        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	
.. A-977
.. A-978
.. A-978
... A-979
.. A-979
... A-980
... A-981
... A-982
... A-983
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... A-984
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.. A-997
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.. A-998
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.. A-999
.A-1000
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	
.A-1023
.A-1024
.A-1024
.A-1026
.A-1027
..A-1028
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..A-1032
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,. A-1035
.A-1035
.A-1036
..A-1037
.A-1037
.A-1038
.A-1038
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.A-1041
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.A-1042
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.A-1043
.A-1044
.A-1044
.A-1045
.A-1045
.A-1046
.A-1046
.A-1047
.A-1048
.A-1049
MTM/VF Draft PEIS Public Comment Compendium
                                                        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	
.A-1049
.A-1Q50
.A-1050
..A-1052
..A-1053
..A-1053
..A-1054
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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
          VI
                                                       Table of Contents

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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	
.A-1162
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.A-1187
MTM/VF Draft PE1S Public Comment Compendium
VII
                                                             Table of Contents

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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	
          .A-1210
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          .A-1224
          .A-1225
          .A-1225
          .A-1227
          .A-1227
          .A-1228
          .A-1229
          .A-1229
          .A-1230
          .A-1230
          .A-1231
          .A-1232
          .A-1233
          .A-1233
          .A-1235
MTIWVF Draft PEIS Public Comment Compendium
VIII
Table of Contents

-------
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 	

	 A-1235
	 A-1236
	 A-1236
	 A-1237
	 A-1237
	 A-1238
	 A-1238
	 .A-1239
	 A-1240
	 A-1240
	 A-1241
	 A-1242
	 A-1242
	 A-1243
	 A-1243
	 A-1244
	 A-1245
	 A-1245
	 A-1246
	 	 	 A-1287
	 A-1287
	 A-1288
	 A-1288
A- 1289

	 A-1289
A 10QO

	 A-1290
	 ....A-1291
A-1291

	 A-1292
A-1292

	 A-1293
	 A-1293
	 A-1294
	 A-1295
	 A-12%
	 A-12%
	 A-1297
	 A-1297

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

-------
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
MTM/VF Draft PEIS Public Comment Compendium
XI
                                                                Table of Contents

-------
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
               .2
               ,2
              ...3
              ...4
              ...4
              ...5
MTM/VF Draft PEiS Public Comment Compendium
xu
Table of Contents

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Ricardo Mendez
                                                                                                                                           Barbara Menendez
	Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM	

          "rocomendez@hotma
          il.com"         To:    R3 Mountaintop@EPA
          
-------
ZinaMerkin
                                                                                      Jennifer Merrick
  DelivetedDate: 01/06/2004 04:34:55 PM

  Mountaintop Removal and Valley Fill mining technique was .allowed in SMCRA with a
  variance from AOC based on the determination that:
  an alternative post-mining land use, a higher and better use, required the valley fill. The
  law requited that permittees prove that
  the higher use was feasible, compatible with axijacent land uses, demanded by the market,
  and supported by investment in necessary
  public facilities, among other requirements, After reading through many Kentucky
  permits requesting a variance for such higher and
  better land uses, I can say that overwhelmingly such land uses as proposed did not fulfill
  the documentation required and were not
  at all higher and .better uses. There is some small percentage of mountaintop
  removal/valley fill land that can be reclaimed to
  higher uses, but the vast majority becomes relatively barren:and less valuable than the
  forest and streams that were there before,
  SMCRA exists because the economic need and profit 6f one industry,: coal,  should not
  compromise the well-being and the economic
  potential of other industries, or the health and safety of residents, or the health of the
  environment. Too many costs of coal
  extraction are externalized to be borne by residents of the areasirt which niountaintop
  removal occurs, and to be borne in the loss
  of biodiversity, clean water and healthy watersheds.
  The way the law has been administered and enforced, vaUey fills have been allowed any
  time a company wanted one to avoid the cost
  of AOC or to get at a bit more coal a bit more cheaply. This was not the purpose for
  which SMCRA was devised. The stream buffer
  zone required to be observed when mining would wot have been instituted had it not been
  considered important. How ironic to require
  that mining stay back from a stream but allow a neighboring stream to be buried in
  overburden.
  The only way to reduce the environmental impact oa watersheds from Mountaintop
  Removal /Valley Fill mining is to enforce the law as
  it was written or perhaps even include stiffer restrictions on the practice. The cumulative
  impact of this unrestrained practice
  costs far too much in terms of changed drainage pattet'ns and resultant flooding, loss of
  important headwater habitat, contamination
  of drinking water wells, and a host of other impacts.

  Sincerely,
  Sna R. Merkitt
  120 Victory Ave,
  Lexington, KY 40502
13-3-2
9-3-2
                                                 Jennifer Merrick
                                                 
-------
Robert Mertz
    Mr. John Forren, US EPA
    1650 Arch Street
    Philadelphia, PA 19103

    Mr, Forren,
REC'D  AUO 2  6213
    As a Biology, Wildlife Management and Environmental Earth Science teacher working in
    the public school systems of several slates, for over twenty years I have been teaching
    students the importance of a sustainable life style. I want them to learn to live within the
    ecological budget of Earth.  The quality of life for the present and future generations
    depends on keeping the life sustaining diversity of our complex life systems healthy.
    Although there are some impressive self-maintaining dynamics at work to stabilize these
    systems, there are limits to their ability to correct for continued stress. The geological
    jeeord is Ml of evidence showing sudden drastic upheavals and ecological disasters. We     1 A_4_2
    have no valid reason to believe that we humans with our huge powers to alter the climate
    and ecosystems will not trigger another watershed shift in the world's balance that will
    result in condition that renders the Earth unsuitable for human life, or that degrades the
    quality of our existence to a much lower level. It is our duty as tfie most powerful species
    to exist on this planet to use our ought to protect the integrity of our life support systems
    for the benefit of all living things, to do anything is the extreme in narrow minded, short
    sighted self indulgent stupidity.

    The two sons my wife and I have  produced are the most important things in my world.
    We have done everything to raise them to be strong and healthy. We have tried to equip
    them to enjoy their lives to the fullest extent while making a substantial contribution to
    the quality of life of others.  They are sons to make us proud. Now it is my job to do my
    part to see that they, and their future children, and all their children's children have a
    quality existence as well.  The love 1 feel for my sons demands that I do nothing less than
    give (his effort my full persistent attention. I am asking you to consider, do you have
    people in your life that mean this much to you? Will you do your part to make sure that
    all our children will have a future full of interesting creatures, clean water and pure air?
    Please help me for the sake  of all  of our children.

    Today I am writing to express my concern with the coal mining process known as
    Mountain Top Removal Mining,  With out getting off on the related concerns of acid
    rain, global warming, sad various air and water pollution problems caused by the use of
    coal for fuel, I will stick to some of the more direct problems of this method.  Mountain    7-5-2
    Top Removal mining replaces highly diverse and productive deciduous forests with poor
    quality fields of grass and scrubby trees. It buries valuable streams under many feet of | 5-7-2
    mine waste. It is time to end this  crude and destructive method of mining, and move to a | J ,()
    more sustainable source of energy.
    Sincerely,

    Robert A. Mertz
                                                       —— Fcrward                cc;
                                                                                                         Subject:  Get real
                                                         oiit HGUnta intop Rciftova 1 Min ing
                                                                             11/09/2QC3 07:12
                                                                             AM
                                                       Noventoer 09, 2003
                                                        /ADS-
                                                       Dea r Mr,  For ren,

                                                       Our  two sons are men  now.   Trevor the older  son works at the smal1  town
                                                       hardware
                                                       store in  our town whers  he spends much of his  time installing  large
                                                       appliances.
                                                       In his spare time he  uses  his considerable mechanical skills to  keep
                                                       hi B
                                                       4-wheel
                                                       drive truck and ATY working.   Justin is going  to college in a  small but
                                                       prestigious
                                                       school Dear Hew York  City.  We could never afford tc send him  there,
                                                       but
                                                       he was
                                                       given a great financial  package- at the school.   !fe seems to be enjoying
                                                       college
                                                       life in a very po/sitive  way.   Lacrosse, fencing,  theater and studying
                                                       keep him
                                                       busy and  socially involved with his fellow students.  Th*y are both
                                                       over
                                                       6 ft
                                                       4 inches  tall, athletic, and  good-locking too.    People say they get
                                                       their locks
                                                       and  brains from their mother,  and their off  the >,!all sense of  humor
                                                       f roiti
                                                       MS.
                                                       Their peers respect. thK'fi for  their self-confidence and independent
                                                       nature.   They
                                                       are  sons  to make any  parents  proud.
                                                       Our  sons  are the roost important and joyful part of my life.  Although
                                                       boS",h n?y
                                                       wite and  T have spent the  greater part ot our  adult lives interacting
                                                       with young
MTM/VF Draft PEIS Public Comment Compendium
                                    A-1086
Section A - Citizens

-------
     people as teachers,  nothing  comes  close  to  the emotional intensity of
     raising
     your oivn children,   They are Mostly grown and independent of us new,
     bu :„
     our coHurii titsent
     to them continues.   Today the growth of  the human population and the
     selfish c c n s urae r i s m
     that is spreading over the Earth is endangering  the  future of all
     humans.   Will
     we be &bje to focth  save ourselves  from self-destruction and maintain
     our
     freedom
     and individuality?   I  have been teaching students the value of
     developing a sustainable
     culture and personal life style for 25 years as  a Biology and
     Environmental Earth
     Science teacher.  I hope that the  knowledge I have gained from my
     masters degree
     in Bioloqy as well  as  ray extensive reading  have  been delivered with the
     passion
     that I feel, for the welfare  of our planet.   Teaching is a powerful way
     to have
     a positive influence on the  future,  but  many issues  are too iniDortant
     and too
     nijaediate r,c wait for  the future.   I am writing  today about one of
     these
     issues.

      I am opposed to each  of the alternatives evaluated  in your May 29,
     z003
     draft
     Environmencal Impact Statement. (EIS! .
     The draft, EIS contains evidence of the devastating and  environmental
     harm caused
     by isounijainLop milling • QLher studies ai&o shov* that  moon tain top mininy
     causes
     flood! HQ disasters  in  mountain cowmanitiss.  The draft EIS ignores th&
     findings
     of these studies.    The draft EIS  does not  examine a single alternative
     that would
     induce those impacts.
     8uitace
     Mining Control and Reclamation  Act's  buffer  sone  rule.   We need to
     stop
     the use
     of nationwide permits to approvs valley filIs  in  West Virginia that are
     larger
     than 250 acr«s,

     I believe the citizens of the region  deserve,  a full evaluation of  the
     unacceptable
     impacts of mountaintop mining.   Please  abandon your "preferred
     3Iternative" and
     start over with  a fuJ 1 range of options that, will do justice to the
                                                                               1-5
                                         by iB&U-rit.ai?itop mining  and  valley  f il la .
               Thank you,

               Sincerely,

               Robe rt  A .  He £ t z
               1205 Mulberry Ridge Road
               Spencer,  WV £5276-8561
               USA
               tamer tz^acce-ss. mountain* net
             1-5
MTM/VF Draft PEiS Public Comment Compendium
A-1087
Section A - Citizens

-------
James Mesich
                                                                               Teresa Mesich
      	Forwarded by John Foaen/R3/USEPA/US on 01/05/04 09:30 PM —-

                  JifliboMes@aol.com
                                To:    John Fonen/R3/USEPA/US@EPA
                  01/05/04 06:43 PM    cc:
                                Subject: mountaintop removal mining
      Please stand firm against mouataintop removal raining and mining within 100
      feet of streams and rivers. This is so bad for the environment and you are its
      protector.

      Stand against this please.
      James Mesich
      830 43rd St.
      Rock Island,  II. 61201
1-9
                    	Forwarded by John Fooen/R3/USEPA/US on 01/05/04 09:29 PM	

                                Tessbeers@aol.com
                                             To:    John Forren/R3/USEPA/US@EPA
                                01/05/04 06:21 PM    " cc:
                                             Subject: Mountaintop removal
Dear Mr. Forren:

Please stand firm against Bush's desire to reenact mountakitop removal mining
and also mining within 100 feet of rivers and or streams. This is extremely bad
for the environment and you are responsible for protecting it.

Please do all yon can to thwart this effort.

Teresa Mesich
830 43rd St.
Rock Island, Illinois 61201
                                                                                         1-9
MTM/VF Draft PE1S Public Comment Compendium
       A-1088
                                                      Section A - Citizens

-------
Alissa Meyer
     E
                                                            1-9
                                                            1-5
                                                            1-10
MTM/VF Draft PEIS Public Comment Compendium
A-1089
Section A - Citizens

-------
Judy Meyer
       	Forwarded by David Rid«/R3/USEPA/US on 01/08/2004 11:36 AM —
                    Judy Meyer
                             cc:
                                   Subject:  comment on Draft EIS
                    01/05/200403:31
                    PM
       Mr. John Forren
       US EPA (3EA30)
       150 Arch St.
       Philadelphia PA 19103

       Dear Mr. Forren,

       I am an aquatic scientist who lias studied rivers and streams in the
       Appalachians for three decades. I am very concerned about the manner in
       which scientific information was incorporated into the Draft
       Environmental
       Impact Assessment for Mountaintop Mining/Valley Fills in Appalachia, and
       I
       do not think the best action alternative was considered or selected.
       Specific comments on the draft EIS follow:

       1. The purpose of the  Clean Water Act is to protect and restore the
       physical, chemical and biological integrity of our Nation's waters.
       Mountain top mining impairs the physical, chemical and biological
       integrity
       of Appalachian streams. The scientific studies done as part of this BIS
       have clearly demonstrated that; yet the results of these studies are
       buried
       in appendices and their conclusions are inadequately and inaccurately
       conveyed in the draft EIS.  I was particularly concerned by the
       statement
4-2
in the Executive Summary that the "opinions and views" of the authors of
the technical studies "do not necessarily reflect the position or view
of
die agencies preparing this EIS." The authors of the technical studies
did
not have "opinions and views."  What they wrote was the result of
analyses
of scientific data. The quoted statement implies a subjectivity in data
analysis that is an insult to the authors of those technical studies.
These results cannot be simply rejected (or downplayed and ignored as
has
been done in much of the EIS) as different "views." The authors have
presented logical reasons for their conclusions based on data. In
contrast, the agencies have not presented the scientific results or
logical
arguments that support their "views" (i.e. their choice of the preferred
alternative).  The Executive Summary misrepresents the results of many
of
these technical studies. For example:

a. ES-3: The forest regrowth studies by Handel and others show little
if
any forest regrowth on reclaimed mine sites.  It will take centuries for
these forests to recover. That fact is not adequately represented by
die
statement that "natural succession ... was slowed." In addition the
fact
that "better reclamation techniques ... are being promoted" is fine, but
no
evidence has been presented that (l)these reclamation techniques result
in
healthy native forests in a reasonable period of time or (2) that mining
operations are required to actually use them.

b. ES-3: The assessment of length of stream impacted by raining
activities
is a gross underestimate. This estimate is based on analyses of
topographic maps, which even at the 1:24,000 scale vastly underestimate
the
length of small streams. Nowhere in this EIS has there been  an adequate
assessment of die actual length of stream miles potentially impacted.
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        This
        is a serious shortcoming.  Studies done elsewhere in the Appalachians
        have
        shown that only 21% of actual stream miles were indicated on 1:24,000
        scale
        snaps.  A similar analysis should have been done to determine the
        potential
        extent of impact of rnountaintop  mining in the region. The EIS is
        incomplete without this. Yet studies that have been done as part of the
        EIS provide a way to do this.  Intermittent and perennial streams begin
        in
        watersheds with a median size of 14 and 41 acres respectively. It is a
        relatively straightforward GIS task to use DEMS to divide the area into
        watersheds and use those minimum watershed areas to set where streams
        begin
        and to assess the length of stream potentially impacted by the proposed
        activities.  This  would be a much  better assessment than that based on
        1:24,000 maps.

        c. ES-4: The statement that mining is "characterized by an increase in
        minerals in the water" is a gross misrepresentation of die data
        presented.
        Sulfate concentrations are 41 times greater on mined sites; total
        dissolved
        solids are 16 times greater; conductivity is at least 5 times greater;
        and
        selenium is over 7 times greater. Moreover the median value of selenium
        is
        more than twice the EPA safe drinking water standard, and 66 violations
        of
        drinking water standards for selenium were found below valley fill
        sites.
        These are very significant impacts on the chemical integrity of our
        Nation's waters that have not been adequately addressed in the EIS.
        These
        kinds of changes impair biological integrity of the waters as  well as
        pose
        threats to human health.

        d. ES-4: No mention is made of the results of the study "A Survey of
        Eight
5-7-2
5-5-4
6-4-4
Major Aquatic Insect Orders Associated with Small Headwater Streams
Subject
to Valley Fills from Mouataiatop Mining" in Appendix D, Part 2. This
study
clearly showed that there is a diverse aquatic insect fauna associated
with
the small headwater streams that are being lost as a result of
rnountaintop
mining.

e. ES-4: The statement that "questions still remain regarding the
correlation of impacts..." is a misrepresentation of the information in
the
technical study.  Fulk et ai. show that streams below valley fills have
consistendy lower measures of biotic integrity, fewer taxa, and fewer
pollution-sensitive tax*. Only one mined basin had sites with  good
biological integrity, and that was during one season in the middle of a
drought. The manner in which these data are summarized here implies less
certainty in the impacts of rnountaintop mining than is justified by the
data presented.  The data demonstrate clearly that there is an impact of
mountaintop mining on the biological integrity of our Nation's waters.

f. ES-4:  The  statements on the impact of valley fills on hydrology of
streams  (e.g. changes in baseflow and storm responses) are misleading.
The
fact that streams below valley fills have higher runoff during large
rainfall events means that these  streams are more prone to flooding.
The
hydrology studies  show that the increase in storm runoff resulting from
mining is greatest  in the largest mined catchment and least in the
smallest
mined catchment. That says that flooding and the pubEc safety
consequences of flooding are of great concern in areas subjected to
mountaintop mining; it also says that if larger areas are mined, the
impacts  of flooding will be greater than if smaller areas  are mined.
Both
of these are extremely relevant points to incorporate in EIS analyses.
That has not been done in this draft, Mountaintop mining impairs the
physical integrity of our Nation's waters; this fact has not been
adequately conveyed in the draft EIS.
                                                                                              6-4-4
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      g. ES-4: My comments 1 c and f when combined make an additional point
      that
      should have been considered in the EIS but was not. Given much bigger
      concentrations of chemicals (some of which can be toxic, like selenium)
      and
      higher storm discharges leaving valley fills, that means that downstream
      areas will be subjected to much higher loading (the product of
      concentration times discharge) of chemicals.  This is of great concern
      and
      die EIS should be looking for alternatives that minimize this downstream
      h.  Small headwater streams provide many valuable ecosystem services,
      all
      of which are lost when they are buried by mountaintop mining.  One such
      service is removal of nutrients, which small streams do particularly
      well,
      as shown in studies published in both Nature and Science. This was not
      acknowledged in the draft EIS.

      These numerous examples of misrepresentation of findings of the
      technical
      studies and lack of incorporation of information from the published
      scientific literature in the draft EIS are cause for great concern about
      the way in  which science was used to evaluate the environmental impact
      of
      the alternatives.

      2. 'The purpose of the EIS is to develop agency policies and procedures
      to
      minimize the adverse environmental effects of mountain top mining
      operations. The alternatives should have been judged based on that.
      Baaed
      on what is  written about why the preferred alternative was selected
      ("because of the improved efficiency, collaboration, division of labor,
      benefits to the public and applicants and the recognition that some
      proposals will likely be suited for IPs, and others best processed as
      NWP21"), it is  clear that the criterion of minimizing environmental
      impact
      was NOT the basis on which the alternative was chosen. That is not how
      the
5-5-2
14-2-4
1-5
law says this should be donel  I see little environmental benefit in the
alternative chosen. There is no way these projects should be permitted
under a nationwide permit  That type of a permit is only supposed to be
used if there is no cumulative impact of the activities. That is
clearly
not the case here. As has been clearly demonstrated in the technical
studies included with this EIS, there is measurable cumulative impact of
mountaintop mining, Exren the gross underestimate of the miles of
streams
buried by this practice demonstrates the magnitude of this cumulative
impact. And the impact is permanent. Once these streams are buried,
they
are gone. The magnitude and permanence of this impact makes it
essential
that individual permits be requited for each mine. Tf this requires
that
more individuals be hired by the regulatory agency to do these studies
and
evaluations, then increase the permit fees to cover the cost of hiring
the
additional personnel. These streams are a valuable public resource that
the mining operation is eliminating forever.

3. Alternative  1 seems mote protective of the environment than either
alternatives 2 or 3 or no action. However, even Action Altem«ti\Te 1,
in
which all operations  would  require individual permits, seems to be
insufficient redaction of the environmental impacts of aiouataintop
mining,
primarily because so  many of the critical details are left unspecified.
For example, mitigation is proposed to replace aquatic functions that
have
been destroyed. It is not clear that this has ever been done in any
stream
mitigation project. Why was not  one of the alternatives considered one
in
which streams are permanently set aside ia conservation easements?
Protect
the functioning aquatic ecosystems that remain rather than trying to
recreate those ecosystems, which has proven to be an elusive goal.
Development of BMPs offers little environmental benefit unless those
                                                                                                                                                                           9-3-4
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     BMPs
     are enforced. Without: the requirement for use of effective BMPs, this
     alternative will offer little environmental benefit. Merely ''improving
     data collection, sharing, and analysis" -will do Ettle to benefit the
     environment xmless there are strict requirements for the reporting of
     the
     information collected. What questions are the data collection and
     analysis
     designed to address?  Who will do the analysis? What reporting
     deadlines
     and reviews will be required? I am particularly concerned about the
     lack
     of specificity on the types of biological analyses that •will be required
     of
     individual permits and of the analyses of ecosystem function that will
     be
     required in individual permits.  Both biota and ecosystem function are
     impacted by mountaintop .mining; it is critical that the permitting
     activities adequately assess those losses so that the true costs of
     mountaintop mining can be determined and adequate compensation provided
     to
     the public for their losses. The EIS places much weight on development
     of
     functional assessments by the COE, but at present these are just
     promises.
     It is not at all clear how these would be done; and if they are not done
     correctly, then appropriate permitting and mitigation decisions cannot
     be
     made.

     4. The technical studies show that larger mining operations have
     greater
     environmental impact. Clearly one alternative considered should have
     been
     to limit the size of these operations,

     5. Designation of areas unsuitable for fill (ADID) is  an important
     activity. There is no  way to judge whether this is going to be done
     appropriately based on information in this EIS. If done correctly, this
     could be an important way to protect these resources. If not done well,
     it
 14-2-4
1-8
offers little environmental protection.

6. In general, the proposed alternative offers many promises but
inadequate details (e.g. BMPs, ADID, etc. as outlined above) on what is
going to be done by whom, when, aad what is going to be recommended •
required.

Overall, I find this draft EIS has serious shortcomings in the manner in
which science was reported aad used to evaluate alternatives and in the
alternatives considered. None of the alternatives considered would
adeqxiately reduce the environmental impacts of mountaintop mining. It
is
essential that an alternative include restrictions on the size of valley
fills and include specific statements on how recommendations will be
implemented.

Sincerely,

Judith L. Meyer
Distinguished Research Professor of Ecology
Dr. Judy L. Meyer
Rivet Basin Science and Policy Center
Institute of Ecology
University of Georgia
Athens GA 30602-2602

PHONE 706-542-3363
FAX 706-542-3344
meyer@sparc.ecology.uga.edu
                                                                                                1-5
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Greg Miles
                                                                                                          Sue Miles
        December 22,2003
        Mr. John Forren
        U.S. EPA (3EA30)
        1650 Arch Street
        Philadelphia, PA 19103
        Re:   Mountaintop Mining

        Dear Mr. Forren,
        I am writing to express my opposition to mountaintop mining for coal, the proetss of removing
        mountain and MI! tops for strip mining, and depositing the rubble into surrounding streams and
        valleys.
        This process has destroyad over 700 miles of streams in the Appalachian Mountains since
        1885, and continues to destroy irreplaceable riparian habitats.
        It is wrong to destroy this precious habitat, and to forever deprive future generations of these
        beautiful places. Ona aspect of this that Is especially troubling: how much energy is produced
        from the destruction of one of these streams? Is it a few days of energy for a mile or so of
        stream? Energy that is consumed in relative moments, and a stream that is gone forever.
      1-9
        I urge th® EPA not to further weaken environmental protections against this practice of
        mountaintop mining.
        Thank you,
1-10
        Greg Mile
        4800 Park Newport, #101
        Newport Beach, CA 82680
                                 — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:43 PM -—

                                              Milesnichols@aol.
                                              coin             To:    R3 Mount«ntop@EPA
                                                             cc:
                                              01/06/2004 02:48      Subject: Letter of Protest, Draft EIS:
                                 Mountaintop Mining In Appalacliia
                                              PM
To:  U.S. Environmental Protection Agency, Region 3, Philadelphia, PA
From: C. Sue Miles, Ph.D., Morgantown, WV 26508
Re: Public Comment: Letter of Protest, Draft EIS: Mountaintop Mining In
Appalachia.

There are three particularly significant long-range issues influencing the overall
eaergy-environmental-economic status of the Lfaited States, as well as all the other
countries on earth.

1. Natural resources are being depleted at an alarming rate relative to the age of the
earth, and relative to the long-term future of man-kind on earth. The rate of
utilization of coal needs to be brought under some control relative to potential for
serving mankind for hundreds of generations into the future. As a long term
supporter for the reality and work of the EIS I must implore you not to be led astray
from original committment and to present this issue and point in die direction of
progress.

2. Pollutants such as sulfur oxides, nitrogen oxides, and especially ozone (formed
from these previous two poEutants) are accumulating in the earth's atmosphere at an
incredibly high rate.  Many areas of the United States, for example, are under ozone
monitoring with health effects on humans and animals already recognizable. Further,
the microscopic particttlates spread over large areas are carrying adsorbed hazardous
cancer-causing pollutants such as polynuclear aromatic hydrocarbons and trace
elements including mercury, arsenic, cadmium, manganese, selenium, et.al. in nightly
activated forms. The EIS needs to present these issues and indicate some of the
directions for resolution,

3. Global warming is occurring on earth at an alarming rate, as evidenced by recent
studies reported in the United States, Europe, Japan mid other countries. Greenhouse
gases are without question a major contributor, if not the primary cause. These gases
are the carbon dioxide, methane and other gases inadvertently released to the
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                                                                                                                                                        Leon & Lucille Miller
       atmosphere as a result of fossil energy usage. The earth's average surface temperature
       is increasing, the polar ice caps are melthing, the ocean levels are rising, and weather
       conditions around die world are being affected.  These enviromental impacts result
       from coal use, among other fossil fuels.  The EIS needs to preseat the global warming
       problem with its impacts and indicate alternatives for resolution within the context
       our our current energy and environment policies.

       The above issues are fundamental, profound, current, and relevant to every region of
       the United States. Only if we address these issues at every level of government, the
       private sector, and the non-profit and volunteer  services can we reduce the large
       impacts likely to occur in the long-term, if not die short-term, future. Each of us as
       citizens and inhabitants of this Earth have a responsibility to help.

       Respectfully submitted,

       C. Sue Miles, Ph.D.
                                                                                                                     ffiEC'D MR 04
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                                                      15-1-2
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MTM/VF Draft PE1S Public Comment Compendium
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                                                                                                                                                                  Mark Miller
                                                                                              DeliveredDate: 01/2.1/2004 02;44;09.PM

                                                                                              Mr John Forreii,
                                                                                                  I live in Prestonsburg, KY, born & raised there. I serve on. our
                                                                                              local Tourism Board. I serve 
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Mary Miller
                                                                                       Robin Mills
                                    Mary Miller
                                    P 0  Box  121).
                                    Sylvester,  "«?.  ?. 25193


       Mr. John Forron,  TT-S*EPA
       16^0 &roh St.
       Philadelphia, Pa. 19130

       82: Opposing Mountaintop Removal  Mining
       Mr. Forren,

             Mountaintop  Removal Mining of  coal today is massive
       Ruination not only to  the beautiful Appalachian Mountains
       of West Vir~inia  but to every creature whose  existance
       depends on these  mountains for survival, and  to the
       Citizens who live in them.

               It is  polluting  out air, contaminating  our Streams
       and Rivers,  flooding out" properties, threatening our health
       exposing us  to harmful  chemicals, threatens our~very life.

             There is no  justification for  the damage to our
       environment  and the Citizens  of West Vir ginia.
                                                 Sincerely,
1-9
                                                  Mary
                                                  Ph:  (30k)  B
                                                              REC'D OEC 2 9 ,
                         Mountaiatop Removal Coa) Muring~HS
  Utilities burn coal to produce electricity- The smoke from that coal burnhig goes

up the smoke stack and heads downwind. The sulfur in that smoke combines with

water vapor in the atmosphere to produce sulphuric acid. That sulphuric acid lands

oa crops, buildings, on animals and in lakes and riven.

  When sulphuric add rain lands on cropland, it leaches oat microniitrients in the

soil.  The SOD Marts to lose its ability to produce food that is high in minerals and

vhamntg* Tnenroce$sisv%rygraduai»oiie^earto$heHex£».$0ft'i$veryhaf'dto

notice. Over time, the ability nf our nation to produce nutritious food is being lost.

  When sulphuric acid tends on forests, it not only leaches out minerals in the soil,

it also weakens the trees by acid breakdown of the cellulose fibers. The trees are

gradually less able to get the minerals ont of the son that die; need and at the same

time the trees are getting structurally weaker. Weaker trees means weaker lumber

from those trees means American homes that are not as strong as theg used to be.

Have yon bought a good strong southern pine two by four at the lumberyard

recently? They all break easily like toothpicks.

  When sulphuric acid lands on buildings it gradually wears them down. The

amount of roofing that needs to be replaced each year is much higher OHIO it should

be, due to add rain wearing down roofing materials. This is a multi-billion dollar

consequence of coal burning.
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                   When sulphuric add tends to lakes it acidifies the whole lake.  The sheta of ft*



                eggs are eaten through and die. If the lake gets too acidic, the whole lake ecu-system



                dies.  Thousands of take: in our country have already been lost.




                   When coal Is burned, a small part of the exhaust tj mercury. Burning con!




                accounts for more than half of all mercury that Is entering our environment. Like



                the sulphuric acid, tata mercury can land anywhere, lakes, rivers, roofs, lawns,




                gardens, croplands and oceans.  One recently noticed result of this is high levels of



                mere (i ry in fish. Pregnant women have been to! d to avoid eating too much of gome



                kinds offish.




                   If people and animals have too much mercury in their bodies, there is loss of




                intelligence, and deformities in offspring. Thousands of dead and deformed babies




                are being barn every year in our country, because we are potting too much mercury




                in our environment. The burning of coal thus allows the random murder and



                maiming of Americans. Do I have to mention that every species, deer, bear, fish




                and others, are also having tlte same problems with mercury that we are.



                   Coal also has minute quantities at radioactive uranium in it That too ii being




                spread around our country indiscriminately.



                   Finally, we get to the actual mining of the coal. Here we have a 5500 page




                document that describes how onr government is going to give permission to industry




                to chop off the top of mountains, dump the overburden into valleys, just so they can



                mine the coal nnder those mountains more efficiently. More efficient meaning the




                coal companies can mine more coal, with fewer miners and make mere profit than




                before.
                            I have been asked to comment on this by a few fellow West Virginians.








                            Industry wauts mounlaintop removal coat mining because it is cheaper.  If a




                          miner can mine coal cheaper than his rivals, then he can increase profits and



                          market share. Thai, when a few operators started doing this a while back, alt the



                          others bad to follow, or be put out of business. The result is that coal fa cheaper



                          than it used to be,




                            Cheaper coal means cheaper energy produced by that coal. Hooray for energy




                          consumers, cheaper energy. However, other sonrces of energy now have a harder



                          time competing.  I have experienced this first-hand.  I went to six large coal-boraing




                          utilities; Bttke Energy, Southern Company, Constellation Energy, Dominion



                          Resources, Kxeloa Corporation and Progress Energy and I asked them to invest in



                          solar and wind powered energy at a steady rate over the next twenty years.  My



                          proposal was presented as a stockholder action that all the stockholders voted on la




                          2001 and 2002. Their response was that wind and solar power are too expensive.




                          Despite the fact that there is no need to boy fuel for wind and solar power, those




                          sources still can't compete against coal. Coal powered energy is so cheap that others



                          just can't compete with it



                              Coal would sot be so cheap if coal had to pay for acid rain, mercury emissions,




                          small participates emissions ami carbon dioxide emissions. But they don't, so




                          cleaner sources of energy are being kept off the market, because coal burning is just



                         too darned cheap. This E1S even  streamlines the permit process so that part will be




                         a little cheaper for the coal companies. They've got a good scam going here.
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               Now our President, George W, Bush hM decided to let 17,000 coal burning power



            plants off the hook by not requiring them to upgrade their emissions when the



            upgrade the rest of the plant They will not be required to retrofit those plants with




            advanced electrostatic precipitators, time washes or bag house filters,  Instead,



            America will continue to die a slow death from acid rain, mercury and uranium




            emissions, particulalcs and higher than necessary carbon dioxide em issions; for a




            couple more decades, unless Congress gets some backbone from somewhere.



               Meanwhile, in Appalachia, mining companies are jubilant. The options




            presented in the Mountaintop Removal BIS don't include requiring Approximate



            Original Contour, nor Stream Buffer Zone, nor any restrictions on depth of valley




            fill, number of streams buried, nor say other significant change in business at usual.




            The mining companies are getting everything they want, a legitimate process they




            can use to fend off citizen complaints and lawsuits. Legitimate in that it is really



            just legalized theft and murder. The mining companies and their utility company



            allies have bribed the politicians and thus bought the process.



               The M'l R-EIS talks about tree planting instead of grassland for reclamation.




            The soil is gone.  Are those mining companies really going to bring in enough soil




            front somewhere else such that trees will nave a chance? There must be enough ton




            depth, and there must be enough organic material in the soil for water retention. If




            these companies are forced to do reclamation correctly, then I will applaud. But it




            wil] be hngety expensive for them to do this correctly, and I think they will instead




            cat and ran. It is what other companies have done for a long time.
1-5
19-2-2
   1 have jnst two other short comments. Twenty years ago President Ronald



Reagan decreed that all actions such as these have cost benefit analysis done to




justify them, t would ask that if ya'll are obeying the law and following the rules,



that when you do that Cost Benefit Analysis, please include acid rain, mercury




contamination of the whole country, global warming from the carbon dioxide




emissions, a couple hundred thousand kids with asthma from parttculate emissions,



loss of vitamins and minerals front our food due to acid rain leaching, premature




deterioration of every roof and building In the couutry from acid rain, and the cost



of getting rid of the toxic fly asli after coal burning, in your calculations.




   My last comment concerns the fact that all these fills are at headwaters. Acid



rain from the coal burning will eventually start leaching at the valley fill at the



headwaters. Won't this cause the entire river, Iron headwaters to ocean, to become



slightly laced with heavy metals leached from those fills?   Is that wise?



Thank you for your time.



   Abo, j ust for the record, I am opposed to Monntaintop Removal Mining and do




not think it should be permitted under any circumstances. I will vote that way too.
                                    Robin Mills




                                    Maplerock Box SO, Rio, West Virginia 267SS



                                    (304) 496-8624, rohinmills4@yahoo.com
                                                                                                                   1-9
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Phyllis Mingo
                                                                                               Georgia Miniard
                                                                                                                                                                              'REC'D MS?  *.
              305 Ada Ddl Avenue
              Hurricane, WV 25526
              January 1,2004

              John Forren
              U. S. Environmental Protection Agency (3EA30)
              1650 Arch Street
              Philadelphia, PA 19103

              Dear Mr. Forren:

              It is evident to even the casual observer (airline passengers flying over the area, tw
              example) tibat mountain top removal causes unimagimbJe devastation. That f&ct, coupled
              with remits of your study should convince all that the irreparable harm being perpetuated
              on our land is intolerable.

              The amount of destruction thai has already occurred due to f&ilure to enforce the Clean
              Air Act, the Surface Mining Control and RecLamaliou Act and the Endangered Species
              Act is a great tragedy.  To now propose to orange the rules and legftteiiB! those terrible
              practices i$ to encourage eves greater destruction of our Ibrests, contamination arid silting
              of our waterways and more hardship &r our people,

              I am very much opposed to Alternative 1,2 and 3 as outlined in your EIS report.  We
              desperately need enforcement of flw environmental protections legislated by congress
              over the years - not roles to abolish those protections.

              Sincerely,
1-5
             Phyllis J. Mingo
My 30,2003

Georgia Miniard
237 Conley Hill
Bledsoe, Kentucky 40810

Mr. John Fonen
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA  19103

RE: Environmental Impact Statement relative to Mountaintop Mining and Valley Fills in
the Appalachia

       Dear Mr. Forren,

              1 would like to submit rny comments on the Environmental Impact
Statement relative to Mountaintop Mining and Valley Fills in the Appalachia.

              I am 45 years old and 1 have lived in Eastern Kentucky since birth, I
admit that we do have a problem with unclean water in some areas. However, this
unclean water problem is not caused by the mining industry. This problem is caused by
untreated sewage from individual homes being straight piped directly into the streams. In
addition to sewage, household garbage of various kinds is also being dumped into the
streams.  This is easily proven by the trash left behind in trees and on the land anytime
we experience flash, flooding. Our state and federal governments needs to leave the coal
companies be and work on taking care of these problems. We have inadequate roads,
sewage and water systems. These inadequacies should have been taken care of years ago.
The coal industry has paid enough severance tax from this area that these basic needs
should have been accomplished 25 years ago. Where did all of that money go? It has
been used in other parts of this state to develop those areas while the Appalachian have
just been forgotten.

              I feel like the regulations are already too strict.  If we will all take off the
blinders and open our eyes and take an honest look maybe we will realize this. In this
country in all industries we have slowly but surely regulated our people right out of a way
to make a decent living.  Due to all of our rules and regulations we have made it
impossible for companies to survive the financial burdens we have put upon them. I feel
that this is the reason we are seeing so many companies take their business to other
countries where they don't have to put up with all of our unreasonable rules and
regulations. I realize that the coal can't be mined from another country but that will not
stop companies from going to other countries an mining their coal to fill the orders
wherever they may be.
                                                                                                                                                                                                    1-12
                                                                                                                                                                                                    11-2-2
MTM/VF Draft PEIS Public Comment Compendium
         A-1100
                                                                  Section A - Citizens

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                                                                                                                                                                                           Steve Miniger
                   What good is all of our rules and regulation if we can't earn a living?
     The lay of the land in this area is not suitable for building or other industries.  Once
     mountain top removal mining is completed and the land is properly reclaimed it is then
     suitable for these other uses. Our lack of proper roads, proper public utilities (i.e. sewage,
     water and garbage service) are the reason we don't have industries in addition to coal
     mining. Our state government has taken the coal severance tax monies and used it in the
     northern part of our state instead of using it to see that our roads and public utilities were
     developed so we could keep up with everyone else. If we make the mining regulations
     stricter and we loose the mining industry then we have no way to make a living.
     Minimum wage jobs put your income below the federal poverty level.  Without the
     mining industry that is all we would have left. With the mining jobs our economy is in
     horrible shape.  Where would we be without them? Due to all the rules and regulations
     the mines have had to cut their work force to a bare minimum.  This has strongly affected
     our economy.  Some people can't seem to understand that the more money people earn
     the more they will spend and the less they earn the less they spend.  This directly affects
     the shape the economy will be in. Without the mining jobs all we would have left in the
     Appalachia's would be people who are on some kind of fixed income.  The people with
     families would have no other choice but to leave in order to find work.  We have already
     lost a large majority of these people due to the cut backs that have already occurred in the
     mining industry. When the working people who are raising families start leaving then you
     loose your tax base that supports your schools as well as other programs. We are seeing
     schools being closed due to the small tax base and the lack of enough students to warrant
     them remaining open. So now due to all the rules and regulations put on the mining
     industry not only the mining industry is suffering now our education systems are also.
     You see it's a ripple effect. When you take away the good wages you also take away the
     tax base that supports public programs such as education.  Not only the coal miners suffer
     from it; everyone else suffers right along with them. Students loose (heir right to a good
     education. Teachers and school personnel loose their jobs. It just never seems to end!
     Please leave the coal industry alone so we can continue to earn a living in this area.
     Please do not sign this draft EIS into law.

                                                    Sincerely,
10-3-2
                                                                                158 Round Hollow Rd.
                                                                                Sod, WV 25564
                                                                                August, 24,2003
11-4-2
                          U.S. EPA
                          1650 Arch Street
                          Philadelphia, PA 19103
John Forrra:

JUK ESS Mountaintop MiningA'tiley Fills in Appalacnii released by the US Army Corps of Engineers,




I find the long-term protection of our Appalachian Mountains seriously Hawed.

One example of why I am concerned: A large number of people in this area of W. Va., including ray
family, depend on public water systems thai use water from the Coal River. I  understand that over 200
miles of tributaries of this river have been covered. That means the watershed's ability to deal with heavy
rains and long dry periods has been severely compromised.

! do not feel that the recommendations of the Environmental Impact Statement protect us from farther
harm.


                                                     Sincerely,
                                                                                                            5-4-2
                                                                                                            1-5
                                                    Georgia Miniard
MTM/VF Draft PEIS Public Comment Compendium
         A-1101
                                                                 Section A - Citizens

-------
Carol Mintz
                                                                                                   Jonathan Mirgeaux
                                                                                                                                                                            REC'D  JAD23214
                            I'IREO'D
                                               -i  S2m
                                                          0^valartd Height, QMo 44118
                Mr, Joint Forrsn
                0.S. Btmroaffieatal Pfotedfoa Agency
                1650 Arch Street Philadelphia, FA 19103
                I liave spettt aoiast of soy We in Ohio where coal mishjg has destroyed the kad. I am writing to
                you to Had out why this practice is going to continue in West Vlt^iHia0vaa^K)i3;^iwekisow
                sdeatifeaBy that vie axe, tending short-term fisa&da! g^to for a few wealthy ffisai-mkiag ttparato
                for loiig-term HabSi^ for the eomifiUtiMfis and dtaaeas i^fca will be alfeeted lor psgHatksaa fcy
                badpolky.
                The Bush. admtolstmtiDa's own drafi EavirQasjeatal Impact Statememt (EXS) cm fee impact of
                mo'aatamtop removal detail the Eegatsyc leBg-term im|?acts of sach polit a sslatbn for asything. We ne^3 to pxatstft ean&nt
                m& Ititure i^^mtions torn senseless fflavkoumeatal ICBS and destraetion. Please Sad a method
                that wffl mot hatm the ecosdmies of a eommasity ^ tedncii^ the negative eavironmeatal iEflpacts
                of i
1-9
1-10
                                                                                                                  1-10
                                                                                                                                                                                                              5-5-2
MTMA/F Draft PEIS Public Comment Compendium
            A-1102
Section A - Citizens

-------
Denver Mitchell
From: Denver Mitchell
       Gen Delivery
       Wilkinson, W.Va 26653
       946-4019
       July, 22, 2003
Agencies:
  In 1996 we were flooded on Island Creek with the worst
flood ever. Several of us citizens have been trying to get
our creek dredged from all the garbage, timbering
material, mud and rocks, that filled our creek In the flood,
No one Is doing anything to help us even though we were
told they would. I am the son of a deep miner.
   Our homes are Important to us. Flood Insurance is so
high we can't afford It,  Maybe someone could get their
Coal Company friends, to use their huge bulldozers and
trucks to remove the flood material and  place It on those
Mountain Top Removal sites, where some of the material
came from in the first place. Just go up Cow Creek and
see all the trees being cut down for the new Mountain Top
Mine, and I know If we have a heavy rain a lot of this mud
and stuff will be back In our streams and will fill them up
more. Those who live along the rivers maybe next as the
river fills up with this material, because no one is
removing it.
   I am not against mining, but the way it Is mined, I
believe as do my neighbors that the coal could be mined
In different ways, such as using contour methods whfch
keeps most of the vegetation on the hills and prevents run
offs. This would create more jobs, Mountain Top Removal
eliminates jobs, because one big machine destroys jobs
and creates situations which contributes to flooding.
                                                                         17-2-2
                                                                         1-9
                   Augnstl5,2003


                   Denver Mitchell
                   TO Box 98
                   Wilkinson, WV 25653


                   To whom it may concent

                     My name is Denver Mitchell and I am \v-riting this letter because 1 am concerned about how
                   tr.e coal companies are raping our land and teatmg up our movmtains. I think it is a shame tiat
                   the people in Aeiralleys aren't figtttag again* flus mete. When we went to grade school, we
                   weretailghtthat anytime that you move the vegetation off the mountain tops, it's going to caase
                   flash flooding in the low lands.  Icantunderstand why these people are issuing permits to the big
                   corporations like Masssy Energy and not making them take responsibility for our water \vaysimd
                   breams. Sure as I am ^tttog here, there am going to be Jives lost because of mountain top
                   removal. FmaQtagmflstajaimworiciQgbtitibfiieisarightwayaada'wrofigway of doing
                   tfamj^. I hope that the people is the •valleys will wake op to what is faa^spefiieg or they May jast
                   wake up to jeali^tbeir femiHeswiH be floating satbe creek wi&aa ocean of water. Weteow
                   that one big tree xvifl absorb aroasd 50 gallons of water. I hope you read this letter in good Ikith.
                   Pleas do not ihrow it awsqf.
                                                                                                        Sineerefy,
                                                                                                                                                                          17-1-2
                                                                                                                                                                          3-3
MTM/VF Draft PEIS Public Comment Compendium
A-1103
                                                                                                                                                  Section A - Citizens

-------
                                                                                                                                           September 1, 2003
        Aiig»H5,2003


        Derwer Mitchell
        PO Box 98
        WBMnsoa,WV 25653


        To whom itmay concern:


          My nMne is Denver Mitchell and I am wrMog tMs letter because I am concerned afcost hew
        tl^co^ companies M%ta|^g our l83^&^t£Miiig&p out Mountains. Ithinkitisash&ftetbM
        the people in the vaBeyswetftfigMag against this mote. When we •watt to grade school, we
        were taught that anjtiiue that you move the vegetation off the mountain tops, it's going to cause
        flash flooding in the low lands. ; cant understand why these peopis are issuing permits to the big
        coiporations like Miissey Faergy and not making them take responsiWlily for our v.'ater ways and
        streams. Sure as [ am sitting here, there are gomg to be lis'es lost because of mountain top
        removal. Fro not again*** a man working but liters is a right way and a wrong wsy of doing
        things. I hope th£ fte people in the wUeys will wake up to what is happening or they may just
        wake up to rciilize their families will be floating in tic creek witli an ocean of water. We know
        that one big tee will absorb around 50 gallons of water. I hojK you read this letter in good taith.
        Please do not throw it away.
        Sincerely,
        Denver Mitchell
17-1-2
3-3
Denver Mitchell
P.O. Box 98
Wilkinson,  HV  25653


To Concerned Citizens:

    This is your friend,  Denver Mitchell,  in' Logan County.  You told  me
to write a  little article expressing my  opinion about  mountain-top removal.
My opinion  about tnountaid~top removal.   I  think it is  a dirty shaste for
the people  that live in  these valleys and  own hones  and businesses.   I
cannot understand why people who live in the State of  OT in Logan County
are not  concerned about  their property and their land.  If we do not
get alountain-top removal  changed, they are going to  be thousands of lives
lost and millions of dollars worth of property damage.


    VQU  know that the coal companies do  not think about us in the valleys.
We.know  the same is with  the .tiaiber industry.  If we do not take the
bull by  the horn, now and march against  mountain-top removal, we are
going to lose everything  that w® have worked for.  Se  know for ourselves
that we  were here before  Masa&y Coal Company.  Massey  Coal does not
care about  us.

    If we want to save lives in the future, wa have  to get a hold of
this problem before it is too late.  I see it in ay  Spirit, oceans of
water, coining down in the valleys.  Something has to be done, right
now.  If you want to run  this article, you may do so,  but we have to
work fast on this matttr.   If we wait any  longer, a  tragic death is
facing the  people.  He have to try to educate the people that live
in the lowland streams.

    Thank you very much.   May God ba with  us all.
                                                                                                         1-9
                                                                                                                                             Yours Truly,
MTMA/F Draft PEIS Public Comment Compendium
            A-1104
                                                                  Section A - Citizens

-------
                          HOW TO CONTACT THE OFFICE OF

                  U.S. SENATOR JAY  ROCKEFELLER
                 DUE TO THE DISCOVERY OF ANTHRAX IN THE HART
                 SENATE OFFICE BUILDING, SENATOR ROCI«FELLER'S
                 WASHINGTON OFFICE IS CLOSED UNTIL FURTHER
                 NOTICE. POSTAL MAIL IS NOT BEING RECEIVED DURING
                 THIS TIME IN THE WASHINGTON OFFICE.

                 SENATOR ROCKEFELLER'S FOUR WEST VIRGINIA
                 OFFICES REMAIN OPEN, FULLY STAFFED, AND ABLE TO
                 RECEIVE YOUR LETTERS AND PHONE CALLS.

                 UNTIL THE WASHINGTON OFFICE REOPENS, PLEASE
                 DIRECT ANY INQUIRIES TO THE STATE OFFICE NEAREST
                 YOU:
                    CHARLESTON
                 Office of Senator Jay Rockefeller
                 405 Capitol Street, Suite 303
                 Charleston, WV 25301
                 (304) 347-6372
         BECKLEY
    Office of Senator Jay Rockefeller
207 West Prince Street
    Beekley, VW 25801
    (304) 253-8704
August 15,2003

Denver Mitchell
TO Box 98
Wilkinson, WV2S653

To whom it may concern:

  My name is Beaver Mitchell and I am writing this letter because I am concerned about how
UK coal ccmpamesaie taping our land and tearing up our mountains. I think it is a shame that
the people in the valleys aren't fighring against this mere. When we went to grade school, we
were taught that any&ne that yoa move the vegetation off the mountain tops, it's going to cause
flash flooding in the low lands.  I cant understand why these people are issuing permits to the big
corpoiations like Massey Energy and not maUng them take responsibility for our water %vays and
streams. Sutc as I am sitting here, there are going to be lives lost because of mountain top
removal. I'm not agates a maaworkiag bat there is a right way an4 a wrong way of doing
things. I hope that tlie people in tic valleys wilUvake up to what is happening or they may just
woke up to realize their families will be floating in the creek with an ocean of water. We know
that one big tree will absorb around 50 gallons of wates1. I hope you read this letter in good fetth.
Please do not throw it away.
                    FAIRMONT
                 Office of Senator Jay Rockefeller
                 118 Adams Street, Suite 301
                 Fairmont, VW 26554
                 (304) 387-0122
       MARTINSBURG
    Office of Senator Jay Rockefeller
225 West Kin§ Street, Suite 307
    Martinsburg, VW  25401
    (304) 282-9285
                                                                                             Sincerely,
Denver Mitchell
MTM/VF Draft PEIS Public Comment Compendium
                                 A-1105
                                             Section A - Citizens

-------
                                                                                    Wait Virginia   477
               West Virginia
               Government Information

               Present Oicstitotfem
                     Term 4 yeass
               legislature 34 member Senate;
               Term - Sesate 4 years; House
               Soxi Etectlon Governor
               1998
               ilactorai Votes 5 U.S.
)' *  C&ief of Staff WiiUrf -881"
f_ EwsffiSve AsdsJaatf/SchHJiiiet
I'X Qenmi Coimel Psteleft Kelly.
                                   	5S5-3WI
                                    Jr.»,......,.	 338-4S92
                                                  5SS-S024
         Asfitaa John 8, RottM

• Policy & Lepshiive AHsirs Assistant Mtohsa! K SNMW	558-3795 i


 Secretary of State's Office   /
 '$»» Capitol Complex, Bldj, I, S«» IS7K. 1900 KanwhaBliii
 Cfcarlaton, W V 2S3dM7»
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                        re 1935 AB; Oiiiinibia [9*0¥feO
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                            v. &KK, Asst Missy Pfiaten.	, 558-60QB
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                      e Lsw Dsv. Dir. todif Ce^w		5S84QOQ
                       v. Sapvr. Penmy Barker ..	.,....,.., 5S8-SGDO
                  t Div. Sapvr. WeSd Hattght	5SMQ08
                                                                          lee   X
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                                               MsKa^«g£34s^^tfinit?^ene^®i!alB'TaV')Ir'.	• 35&3B21
                                               AfSmiitoatios & pafeHe Srifety Blv. St. fc. Atty. 6ea.
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                                               KaJtb & Hsaus Kessums Div. i>ep.yCitv. Get,
                                                ChsrteaoVanefMB	,../.,,..	 5SM13J
                                               Hub Kevmoe, Sdocatblt, Am & Ima®. St. D^. Atty. Gea.
                                                IMfharllOT A. Sdiute	jHTT.	"...'	OHOt
                                               Wflfkm' CaftHnttticm Lie%atiQAyt Dep. Atty. Oen.
                                                C. T«rry 0«S»n	.T	,T,	 92S-IWS
                                                           State Treasurer's Office
                                                           State Capitoi Bldg., Ste.S-145, Charleston, WV 35305
                                                           Fix 00fl 34M«tt   TTY; (800) 42Z-7498
                                                                     B Pflriitia (1^ -........,,....,....., 3SB-J®00
                                                                   Tnasara-Jerry Simpioa,	 5584000
                                               Auditor's Office
                                               W~ JOO State C^pttil Bidg^ C&arlesiaB, WV 25305
                                                       (304)358-3231  Fax: (304) 558-5200
                                              *StM» Attcltar SStem
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                                                                                                                                                                           REC'D SfPO 5;
                                         September 2,  2003


Denver Mitchell
P.O.  Box  98
Wilkinson,  HV   25653


To  Concerned Citizens:

     This  is your friend,  Denver Mitchell,  in  Logan  County.   You  told me
to  write  a little article expressing my  opinion about mountain-top removal.
My  opinion about mountain-top  removal.   I  think it  is a  dirty shame for
the people that live in  these  valleys and  own homes and  businesses.  I
cannot understand why people who live in the  State  of WV in  Logan  County
are not concerned about  tneir  property and their  land.   If we do not
 fet tnoutitain-top removal  changed,  they are going  to be  thousands of lives
 oat and  millions of dollars worth of property damage.


     You know that the coal companies do  not think about  us in the  valleys,
We  know the same is with  the timber industry.   If we do  not  take the
bull by the horn, now and march against  mountain-top removal, ȣ are
going to  lose  everything  that  we have worked  for.   We know for ourselves
that we were here before  Masssy Coal Company.   Massey Coal does not
care about us.

     If we want  to save lives in the future, we have to get a hold  of
this problem before it is too  late.  I see it in  my Spirit,  oceans of
water, coming  down  in the valleys.   Something has to be  done, right
now.   If  you want to run  this  article, you may do SO) but we have  to
work fast on this matter.  If  we wait any  longer, a tragic death Is
facing the people.   We have to try to educate the people that live
in  the lowland streams.

     Thank you  very  much.   May  God  be with  us  all.
                                                                                                                                                   Yours Truly,
                                                                                                                                                                                                     1-9
MTMA/F Draft PEIS Public Comment Compendium
                                                                                           A-1106
                                                                          Section A - Citizens

-------
From: Denver Mitchell
      Box 98
     .Wilkinson, W.V 25653
      946-4019
To Whom It May Concern:
   My name te Denver Mitchell, I am writing about Mountain Top
Removal, because I'm concerned about the danger that faces us all
in the future. If we do not get this Mountain Top Removal stopped
from raping our land and tearing down our trees, the people who
live In the valleys are going to suffer great property and toss of
lives,  I am not against a man working for a living, but there are
other ways to mine coal and keep our trees, a right and wrong
way. I cant  understand how our Senators and Governors can issue
permits to these big corporations and not make them take
responsibility for our creeks and rivers. Sure as I am sitting here
there is going to be oceans of water and mud flowing through
these valleys. I have warned you of the danger that Is coming in
the future. Mark this down. The huge corporations are going to try
say that it is an act of God, when it happens. We all know that it
will be an act of Man, when it happens, and It will happen. Now
Bradshall hollow on Whitman Creek Is next for this Mountain Top
Removal. I encourage everyone to wake up out of their sleep and
reate what Is facing them.  We might wake up some night, like we
on Main  island Creek did in 1996, but worse than then and find
people, children and parents floating down these hollows,
   I believe God has given me this message to warn you of the
danger that Is coming. There Is better way to mine coat than
Mountain Top Removal and create many more and better jobs.  1
urge you to wake-up, before it Is too late.  May God be with us all.
                                                                             1-9
MTM/VF Draft PEiS Public Comment Compendium
                                                                         A-1107
                                                                                                                                                             Section A - Citizens

-------
                                                                     OCT
                                                                                                                                                           REC'D
                                                                                                                                                                    OCT 2 1 282}.
           From: Denver Mitchell
                 Wilkinson, W.Va  25653
                 Telephone 946-4019

           To whom it any concent:
              My name 1$ Denver Mitchell. I'm writing this letter to you about the
           concern for the lives of the people "who five in West Vlr^nia, The sludge
           ponds and dams that the coal companies are building in West Virginia will
           not hold under the materials of the rode and slate that they are building
           them out of. They win deteriorate and we know that the only way to build
           dams is to use concrete and steel. If these materials aren't used in building
           these dams, then they will fail. I'm afraid we will loose many lives in the
           future and millions of dollars in property damage, just like the Buffalo
           Creek Flood. This is my vision of what I see coming in the future. We all
           know you can't take vegetation off the mountain tops and build dams in
           the hollows out of Mate, and expect these dams to hold bask water,
              I'm not against any man woridng, but there is a tight way and a wrong
           way I believe. This is the wrong way, and this to a very dangerous thing
           that is about to happen. Lives of people in the valleys are important.
17-2-2
                                                                                                                                               OCTOBER 15, 2003
Denver Mitchell
P.O. Box 98
Wilkison, WV  25653

Dear Sir,

    My name is Denver Mitchell.  I'm writing you this  letter  to  let  you
know what is going on in the coalfield in w.  The coal  industry Is  rippin
and raping our land and not taking any responsibility  for our water  ways.
I think it is a shame and disgrace to the people that  live  in the  low
land streams.  1 feel that they are going to bs many lives  lost  and
millions of dollars worth of property damage on account  of  mountain  top
removal adding to the danger that the coal companies are doing.   They
are building dams and slush ponds out of rock and slate.  We  all know
that these dams will deterioate over the years and will  not hold the
water.  I*m not against any man working.  But there is a right way and
a wrong way to do anything.  That is why I'm writing you this letter.
I in asking you,for some type of donation to help educate the people  in
the valleys.  I can't understand why our senators and  govenors and our
judges so easily issue permits to these big corporations.   I  see a vision
of what is cowing upon the people in WV.  That's why we  the people have
to start doing something now, before it's too late.

    That is why Ifm asking you for some type of donation.   That  I  might
help educate the people that live in the low land streams•  I ana a
person that is on a little monthly Social Security check.   I  am  a  member
of the Environmental group.  I*m asking you to read this in good faith.
As I said,  I'm not against any man working.

    Anytime you remove vegetation from the mountain tops, it'll  cause
flash flooding.   If these big coal companies want to mine coal this
way, let them take responsibility for our water ways.

    In ray spirit, I see & vision of what is coming upon  the people
that live in the low land stream areas.  My father worked in  the coal
mines while he was living and hs did work the right way.  So  I'm asking
you to help me get the coal companies to go back to the  right way  of
getting coal.  There have been many floods since they  started moutain
top removal.  I'm afraid that if we don't get tthis changed,  there is
going to be another Buffalo Creek flood and the coal companies will
say it was  a act of God.  But it will be an act of man.  May God have
marcy on all of us. Thank you for listening.
                                                                                                        1-9
                                                                                                                                                                                   17-2-2
                                                                                                                                       Sincerely,

                                                                                                                                       Demrer Mitchell
MTM/VF Draft PEiS Public Comment Compendium
              A-1108
                                                                Section A - Citizens

-------
Keith Mohn
                          BIS PUBLIC HEARING STATEMENT
                                      July 22,2003
                                    Hazard, Kentucky

      I would like to thank this Committee for the opportunity to submit comments concerning
      the Draft Programmatic Environmental Impact Statement, Having worked with, and in,
      the coal mining community for more than 27 years, I feel I am qualified to apeak from an
      industry standpoint. Though I work for an underground mining operation at this point,
      my career has included designing, permitting, and constructing numerous small to large
      surface mining operations, which include valley or head-of-hollow fills.

      The BIS is to address concerns arising from the surface mining of coal. In particular,
      steep slope mining and the associated valley fills, which makes mining of these areas
      feasible. Though not specifically addressed in either the "Executive Summary" nor the
      "Purpose and Need", the recommendations contained to the EIS will affect all forms of
      coal mining in the Appalachian coalfields, as the development of underground mines, and
      the need for coal refuse fills, also require fills in valleys or head-of- hollows.

            My review of the EIS has resulted in the following statements:

         1.      No Action;
                a.  This is not an alternative. There are adequate regulatory programs and
                   policies in place to address our obligations under SMCRA and the CWA.
                   The coordination between the various Agencies must be improved, with
                   this  BIS being an example.  The Notice of Went to develop the EIS was
                   published on February 5,1999, and we are submitting comments on the
                   DRAFT EIS today, nearly four and one-half years later.

         2,      Action Alternative I:
                a.   Under Action Alternative I, the COB would take the lead in determining
                   the location and size of valley fills, and most projects would require and
                   Individual Permit. The BIS lists in Table II.C-1 under the No Action Plan,
                   that fills in watersheds of less than 250 generally qualify for a NWP 21,
                   which is only the case in West Virginia, as per the agreement reached in
                   Bragg v, Robertson.
                b.  The delineation of areas as unsuitable for filling, as described under the
                   Advance Identification (ADD) provisions of Alternative I, could prohibit
                   underground mine development. Underground mines generally require a
                   temporary storage area for the material (overburden) generated during the
                   mine site construction. Should a potential fill area be pre-designated as
                   unsuitable or prohibited for filling under the ADID, an otherwise
                   economically and technically feasible reserve would be sterilized.  By the
                   same token, few reserves are marketable today without passing through a
                   preparation plant.  The byproducts of coal preparation are not marketable
                   at this time, and must be stored in a stable location. In the Appalachian
                   coalfields, this necessitates in the construction of refljse fills and
 11-8-2
1-12
1-4
              impoundments. The use of ADID tends to ignore the possibility that a
              stream affected by a temporary fill could be restored to a functional status,
              with only temporal impacts. Under the NWP 21 or IP process, the
              temporal impacts must be evaluated, and adequate compensation provided.
              The use of ADID appears to preclude this avenue.
          c.  The requirement for an Individual Permit for all proposed fills will
              increase the permitting burdens of industry, and tax the capabilities of the
              regulatory agencies to process the applications in a timely manner.
          d.  The use of MOA's and FOP's will result in two separate reviews, and does
              nothing to relieve the problems of separate reviews that we now find.

    3,     Action Alternative II:
          a.  This alternative eliminates several of the objections of Action Alternative
              I, though a separate determination for CWA and SMCRA compliance
              remains, and
          b.  The ADID provision remains, the objection to which is stated above.
          c.  The Stream Buffer Zone (SBZ) regulations would possibly be modified,
              disrupting practices and policies that have been accepted by both industry
              and the regulatory community for more than twenty years,

    4,     Action Alternative III:
          a,  The objections found in the above alternatives are removed, with the
              exception of the potential SBZ rule modification.

It should be noted that in this immediate area, some of the benefits of mountaintop
removal mining and valley fills are being enjoyed. The area where the Hazard ARH
Hospital, the National Guard Armory, a hotel, shopping center and residential area are
constructed on a former mine site on which I worked in the 1980's. The Hazard Regional
Airport is located on another former mine site. Elk was first reintroduced to eastern
Kentucky on a former mine site.

Elimination of mountatatop removal mining and the valley fills associated with them will
satisfy a small core of society, most of whom do not even reside in the affected areas.
Apparently, their goals do not include providing employment in the Appalachian
coalfields, other than minimum wage eco-tourism jobs, nor do they consider the
beneficial collateral effects enjoyed by others. We hear that the coal can be mined by
other methods, such as underground mining, but if an operation cannot be cost
competitive, it will not succeed. Coal production will continue to shift to the western
coalfields, and the economic gains of the east will cease if we ban mountaintop removal
and valley or head-of-hollow fills. Once lost, we may never regain the economic strength
we now enjoy.

KeitLMohn
                                                                                                         1-6
                                                                                                       1-4
                                                                                                         10-3-5
                       PO Drawer C
                       St. Charles, Virginia 24282
MTM/VF Draft PEIS Public Comment Compendium
          A-1109
                                                                   Section A  - Citizens

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Wm Montgomery
                                                                               John Mooney
                                                                                                        	Fora-aided by David RJdet/R3/USEPA/US on 01/23/2004 09:42 AM	

                                                                                                                  "Mooney, John11
                                                                                                                             cc:
                                                                                                                               Subject  COMMENTS
                                                                                                                  01/21/200407:27
                                                                                                                  PM

                                                                                                        Dear Sir:

                                                                                                        I strongly suspect that more forested land exists today in Appakchia than existed here a
                                                                                                        century ago. Only a small percentage of forested property is impacted by mountaintop
                                                                                                        mining. Mining is already heavily regulated and has in-pkce specific laws, which directly
                                                                                                        address mountaintop mining. I arn in favor of ALTERNATIVE III, as outlined in the
                                                                                                        EIS.
                                                                                                       John H. Mooney
                                                                                                       VP arid Regional Manager
                                                                                                       ph 304-522-575? or 276-679-7530
                                                                                                       fax 304 ^522-5401
                                                                                        1-4
                                                                                 1-10
MTM/VF Draft PEIS Public Comment Compendium
A-1110
Section A - Citizens

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Maryhea Morelock
                           Wfs-jLkv-y
                     ^^M ^Jt^l
                                                         1-9

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                                                                                                                            5-1-2
                                             ^




                           "T^lU^/f^^J
MTMA/F Draft PEIS Public Comment Compendium
A-1111
Section A - Citizens

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B. Morgan
                                                                                                           Mark Morgan
              Forwarded by David Rider/R3/USEPA/US on 01^)6/2004 03:55 PM —

                        Grey
                        «greybarr@yahoo.c    To:    R3 MountaintopQEPA
                        om>           oc:
                                    Subject: Mountalntop Removal
                        11/06/200307:14
                        PM
              To Whom it May Concern,

              I felt a need to add my story and brief thoughts on Mountaintop Removal.
              Below are some of my personal encounters regarding this topic.

              I lived my first 23 years in Southern West Virginia. As a child,! played
              hide-and-seek in the rich forrests near my home, learned to drive on a
              winding dirt road amid the moutalns, and went to college in the  morning
              shadows of these magestic figures that symbolize West Virginia. Flying
              away from the countryside, I looked down from the plane and felt my
              heart sink as I saw what was happening to the moutains all around my
              home. Large patches of bare earth where ancient trees were once rooted
              are being swallowed up, evermore, in every flight I take back home. What
              can I do? I went to a coal site in (Lewis County, WV) where the  workmen
              stated appeasingly that they replant new trees as the law dictates.
              However I soon found, by the admittance of these workmen at the site,
              that these "generic" saplings will only grow 4-feet tail-yet fit the
              loop-holed requirements of state law. If by telling my perspective on
              Moutaintop Removal will make make the smallest difference in changing
              this practice, then I will feel more relieved as I fly once more to
              forever my home.

              Thank you for you time. Reply to this email is not required,

              B. Morgan
              A Concerned West Virginian
10-6-2
12/24/03

I am an .attorney IE Danville, Kentucky who.has been involved with mining issues since
W74.1 have worked in the courts, on Capital Hill and in many towns in Eastern
Kentucky and West Virginia to ensure that SMC.RA was enacted in 1977 and that it is
enforced since then. In the past I could count on.both EPA and OSM to assist in this
effort to enforce the law and to protect .environmental resources,. .Numerous federal
Studies have consistently (woven that buffer zones are essenlialto providing at least
Minimal protection to water resources from mining pollution, IH 1975 and 1976 when we
were compromising • SMCRA to allow mountaintop removal all .sidesto the debate
understood this practice of mountain top removal would be the very rare exception to
AOC mining. Instead we find mt. top. to now be the industry norm. This is an
tfnf orgi vabie travesty. This practice reflects a lack of will, to enforce by both the EPA and
OSM. It is. time for the federal government to stop the backsliding on.this issue. Do not
weaken buffer zone pttjtectipnsi Strengthen them! Also, withdraw SMCRA approval of
mt top mining. It is appalling obvious that both BPA and OSM are to& weak to enforce
federal laws so that .Congress' original intent that mt, top removal mining wduid be a rare
exception cannot be accomplished due to the current political climate. Thank you for
your attention to these matters. Please do your job and stop EPA from being party to the
weakening of essential environmental protections.

With kindest regards, Mark Morgan
                                                                                                                     5-5-2
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MTM/VF Draft PEIS Public Comment Compendium
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                                                                    Section A - Citizens

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Jeffrey Morris
                           j. JEFFREY MORRIS
                                 ATTOKHEY AT LAW
                                                         REC'D
        DIRECT DIM. NO.
         (310) 451-7884
    Sorrai225
LG8 ANGEtSS, CA 90025
lO) 571.1278
           January 19,  2004

           Mr.  John Forren
           U.S. EPA J3EA30)
           1650 Arch straat
           Philadelphia,  PA 19103

           RE: Limit Mountaintop Coal Removal Mining

           Dear Mr. Forren:

           I am a long time member of the Izaak Walton League of
           America-and keep current on environmental issues.  This
           travesty of use of our natural resources can never be
           undone. Please think of future generations over the short
           term use of this fossil fuel. It will be burnt and increase
           acid rain and forgotten. The devastation left in its wake
           will remain an ugly scar for all time.

           I understand balancing cottipeting needs, but unless there is
           an absolute need that will be left unfulfilled by the
           absence of this fuel, please reconsider the EPA's position.

           Very Truly Yours,
                                        1-9
                                                                Mr.  Jonn Forren
                                                                U.S.  EPA {3EA30)
                                                                1650  Aich Street
                                                                Philadelphia,  PA 19A03
                                  I am a long  time member of  the Israak Walton League of
                                  America  and  keep current  on environmental  issues.  This
                                  travesty of  use cf our natural resources can never foe
                                  LK'idone.  Please th ink of f u tru re genera I torus over" the  sho rt
                                  term use of  this fossil £usl,  It will  be burnt and in-crease
                                  acid rain and forget ten.  The devastation left in its voice
                                  wi11 remain  an ualv scar  tor all time,
                                                                                                                                     1-9
                                                                                                Very Truly Yours,
           J. Jeffrey Morris
MTM/VF Draft PEIS Public Comment Compendium
                                                  Art 113
                                                                                          Section A - Citizens

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Robert Moss
       —« Forwarded by David Ridrr/RVl JSKPA/US on 01/09/2004 02:51 PM	

                   bohmoss^hestweb.n
                   ct             To;    R3 MountarnLop@EPA
                                 cc:
                   01 /OS/2004 06:22     Subject: Draft programmatic Environmental Impact
       Statement (Draft EiS) on movmtaintop
                   PM              coal mining

       Project Manager John Forreri
       U.S. KPA (3EA30)
       1650 Arch Street
       Philadelphia, PA 19103

       Dear Project. Manager Horren,

       PhrlASK NOTE: You will probably receive hundreds of identical letters on Hits subject That
       doesn't make them invalid. They are from real people who have real jobs and real GurnUy ob
       -& ny many work hard as volunteers trying to protect the environment on which we depend for life.
       In other words, they're busy people. The letters are not automatically generated from a list—each
       individual must actively request that the
       letter be sent to his/her name, even if no personal editing is done.

       1 fmd it unconscicmabfe thai the Bush administration plans to continue to let coal companies destroy
       Appabchm with mmmg practices that level mountamtops, wipe out forests, bury
       steams, and destroy coiinnunities.

       According to the administration's draft Environmental Impact Statement (HIS) on mountain top
       removal coal mining, the environmental effects of mountain top removal are widespread,
       devastating, and permanent Yet the draft EIS proposes no restrictions on  the size of valky fills that
       bury streams, nc? limits on the number of acres of forest that can be destroyed, no protections for
       imperiled wildlife, and no safeguards for die communities of people Umt depend on the region's
       natural resources for themsehres and future generations.

       Remarkably, the Bush administration's "preferred alternative*' for addressing the enormous
       problems caused by rnountaintop removal coal mining is to weaken existing environmental
       protections, 'llie drsff R1S proposes streamlining the permitting process, aBowing moiintstfttop
       removal and associated valley fills to cotttiuue at an accelerated rate. The draft EIS also suggests
       doing away with 0 surface mining rule that makes tt illegal for mining activities to disturb areas
       Within 100 feet of  streams unless it cati be proven lliat streams will not be harmed. This "preferred
       alternative" ignores the administration's own studies detailing the devastation caused by
       mountain top removal coal mining, including:

       - over 1200 rasles of streaitis have been ditinnged or destroyed by mountamtup removal

        direct impacts to streams would be greatly lessened by reducing the size of th.£ valley falls where
       mining wastes are  dumped on top of streams
3-3
1-5
• the total of past, prwent and estbt&ted fotatie fe*R£t fosses is L4 million actes

 forest losses in West Virginia have the potential of dioectly impacting as many as 244 vertebrate
wilditfc species

- even if hardwood Forests can be reestablished in mined areas^ which is imptoven and unlikely,
there will be a drastically different ecosystem from pre-mining forest conditions for
generations, it not thousands of years

- without new limits an mountaintop rcmoTal, an additional 350 square miles of mountains, streams,
and forests will be flattened and destroyed by moimtainix"»p renioval mining;

'Hie Bush atimimstcatioB's  "prcferted alter n^tiw1' ignow s these and hundreds of other scientific
facts contained in the EIS  studies. In light of thesp fects, the Bush administration must consider
akematiw-$  that reduce the environmental impacts of moutttaintop ceniovai and then implement
measures to protect natural resources and communities in Appakchk, such as restrictions on  the
size at valley tills to reduce the destruction ot streams, forests, wildhfr and  communities.

Sincerely,

Robed: Moss
17 New Street
Bfeomfield, Hew Jersey 07003-3603
                         Senator Jon Coraine
                         President Geotge W, Bush
                         "Vice President Richard Cheney
                         Representative William Pascrell
                         Senator Frank Lautenberg
                                                                                                                    1-5
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Robert Mueller
                                                         1-9


                                                                          A/
                                                                               wLk
                                                                                                                          tj
                                                                                                         J
                                                                                                        e -7
                                                                                                                       T
MTMA/F Draft PEIS Public Comment Compendium
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Section A - Citizens

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David Muhly
    — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:43 PM -—

                 Dave Muhly
                      To:     R3 Mountaintop@EPA
                               cc:
                 01/06/200404:49      Subject:  Comments on the EPA
    Movmtaiiitop Removal Mining DEIS
                 PM

    Mi. folm Forren
    U.S."EPA (3EA30)
    1650 Arch Street Philadelphia, PA 19103

    COMMENTS ON7 THE EPA MOUNTAINTOP REMOVAL MINING
    DEIS

    In August of 2002,1 liad die opportunity to fly in a small plane over parts of
    Kanawha and Boone Counties in southern West Virginia. I was intellectually
    aware of the practice known as mountaintop removal mining, but nothing
    prepared me for the shock of what I saw that afternoon. I saw vast areas
    completely denuded and changed forever. Forests were gone, and streams
    were buried. And, perhaps most distressing of afl, this was not an isolated
    occurrence. As far as I could see for many miles in any direction, similar MTR
    sites were revealed like festering wounds in the earth. I considered it then, and I
    can consider it now, an ungodly practice, unworthy of civilized man, an
    abomination, a sacrilege.

    It is  indefensible that the Bush administration plans to continue to let coal
    companies destroy Appalaclu'a with mining practices that level mountaiiitops,
    wipe out forests and bury streams in the valleys below. This practice is
    damaging not only to the environment, but directly threatens homes and
    communities anywhere near such operations. Many small towns in southern
    West Virginia have been reduced to virtual ghost towns due to the damage
    caused by this mining practice.

    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 xone rule that
    prohibits mining activity within 100 feet of streams. This  rule should be strictly
    enforced for valley fills  and in all other cases. In addition, the classification of
    valley fill that excludes it from the definition of waste and thus allows it to be
  10-6-2
1-9
1-10
dumped wantonly into streambeds is an unconscionable breach of the pubic
trust, and is indicative of how perverted the system can become when profits
take precedence over people, MountMntop removal mining and valley fifls
should be a prohibited practice.

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. Yet the
draft EIS proposes 110 restrictions on the si^e of valley fills that bury streams,
no limits on the number of acres of forest that can be destroyed, ao
protections for imperiled wildlife, and no safeguards for die communities of
people diat depend on the region's natural resources for themselves and future
generations.

The Bush administration's  "preferred alternative" for addressing the enormous
problems caused by mountaintop removal coal 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
an accelerated rate. The draft EIS also suggests doing away with a surface
mining rule 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. 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

       direct impacts to streams would be greatly lessened by reducing
the size of the xralley fills where mining wastes are dumped on top of streams

       the total of past, present and estimated future 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 unproven and unlikely, there will be a drastically different ecosystem
from pre-mining forest conditions for generations, if not thousands of years

       without new limits on mountaintop removal, an additional 350
                                                                                                     1-5
MTM/VF Draft PEiS Public Comment Compendium
            A-1116
                                                              Section A - Citizens

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                                                                                                                                                                                     DtMendiMullett
      square miles of mountains, streams, and forests will be flattened and destroyed
      by fliountaintop removal i
      The Bush administration's "preferred alternative" ignores these and, hundreds
      of other scientific facts contained in the EIS studies. In light of these facts, the
      Bush administration must consider alternatives that reduce the eiiwotuneatal
      impacts of mountaintop removal and then implement measures to protect
      natural resources and communities in Appalachia, such as restrictions on the
      size of valley fills to reduce the destruction of streams, forests, wildlife and
      communities.

      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 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. This is not responsible action! Due to the environmental
      and social impacts that can not be mitigated under any circumstances,
      mountaintop removal mining and valley fills should be a prohibited practice.

      Please consider these my official comments on this proposed action, and add
      my name to any mailing list generated, electronic or otherwise, to keep citizens
      informed of the progress of this decision.

      Sincerely,

      David Muhly
      Regional Representative
      Sierra Club - Appalachian Region
      Rt 2 Box 118
      Bland, VA 24315
      (276) 688-2190
      (276) 688-2179 (fax)
      (276) 620-0717 (ceil)
      david.muhly@sierraclub.org
1-5
                             -— Forwarded by David Rtd«/R3/USEPA/US on Ot/09/2004 02:51 FM -—

                                        mendi@cmi.net
                                                     To;    R3 Mountaintop@EPA
                                        01/06/200404:09     cc:
                                        AM            Subject: Don't destroy our mountain ecosystem!

                            January 3, 2004

                             Mr. John Forren
                             U.S. EPA (3KA30)
                             1650 Arch Street Philadelphia, PA 19103
                             Dear Mr. Forcer^

                             I am upset to learn that the Bush administration plans to continue to let coal companies
                             destroy Appalschia with mtmng practices thgt leve! mountaintops, wipe out forests, bury
                             streams, and destroy communities.  Support limitations to rnountaintop removal mining: i
                             am a native West Virginian bom in the Ohio Valley, now residing in the Rocky Mountains
                             oFColoradD. As a researcher and adjunct eollegp professor, I have had interest in the
                             Mountaintop Removal projects over the past several years. My information developed over
                             time by both my students and my own research efforts indicate* that the original thinking
                             about providing community improvements as part of the mountaintop removal plans were
                             forward thinking and with the best community intentions in rnmd. In practice, over time,
                             however, the effort has lost its initial appeal and instead of helping communities with the
                             concept of environmental management in mmd, the effort has become an industrial
                             nightmare, destroying the very beauty and appeal that makes people want to live and work in
                             West Virginia. An overall lack of audit and control an both site selection and maintenance
                             performance has ted to & degradation of communities arjd rural environments s.s well as a
                             visual eyesore and a blight on die native animals and ability to grow vegetation in the
                             affected areas. The knds being decimated by the moutamtop removal activities were once
                             beautiful places that residents were proud to call their home. As a native West Virginian, I
                             am sickened at the ugly scenes  that have been left by the mountatntop removal operations.
                             The result has not been art environmental triumph that safely provides better communities
                             for West Virginia residents each time a Mountaintop  Removal project is completed, I
                             suggest that the result of poorly selected and poorly managed operations has resulted m
                             reduced economic and tourism opportunities for the  citizens in the long am. My
                             recommendation is to take die time and effort that should have been in place all along for
                             providing effective well-audited resource removal without the overall destruction of the
                             landscape.

                             According to the administration's dratt Environmental Impact Statement (HIS) on
                             mountaintop removal coalmining, the environment.] effects of niowntaintop removal arc
                             widespread,, devastating, and permanent. Yet the draft EIS proposes no restrictions on the
                             size of valley fills that bury stce&ms, 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.
                10-6-3
                                                                                                                                                                                                   1-5
MTM/VF Draft PEIS Public Comment Compendium
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                                                                                                                                                                                       Cory Munson
      The Bush a drninist rations "preferred alternative** for addressing the problems caused bT
     memntamtop removal coal mining is to weaken existing environmental protections, 'iliis
     "preferred alternative" ignores the administration's own studies detailing trie devastation
     caused by mountamtop removal coal mining, including:

     - over 1200 miles of streams have been damaged or destroyed by rnountaintop 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 of past, present and estimated future 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;
     -• 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.

     In light of these facts, I urge you to consider alternatives that reduce the environmental
     impacts of mountain top removal. Thank you  for your consideration of this important issue.
     Sincerely,

     Dr.MendiMuflett
     11109 Melody Drive
     Northglerm, CO 80234
     United States
                                                        ftfeCTD.
                                                                   JAHflj,
1-5
                         U.S.
                         Ib60
                                            PA-
                                                                                                          1-9
                                                                                                                                                                                               1-10

                                                                                                                                                                                               1-5
                                                                                                                                                              IW-S
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Mark Murphy
                                                                          Sheldon Myers
                                                                                                     ™ Fotwaxdcd by Dartd Ridet/R3/USEPA/US cm 01/07/2004 03:32 PM -----
                        US.
              -ru«~
              T r\£
                      K«aS^S^ *'l W£& •$
                                                            «**3j&W ^-^>\
                                                                           1-9
                                                                                                               *! samyet s 123 @s
                                                                                                               obal.net"
                                                                                                                             To:    R3 Mountaintop@EPA
                                        Subject: Please Stop Destructive Mountaiutop
                  Removal Mining
                            01/06/200412:30
                            PM

                  Dear Me, John Forieu, Project Mana^t,

                  Please make honest t&commendatioits in the EPA's E1S, "fearing up mountains for a
                  minimal supply of coal is simply ridiculous, as it does more harm thsm good .  Anyone
                  CAn see that the small amount of coal simply isn't worth rite damage done.

                  The truth wffl come out soonet or later, so it might as well came from you now.

                  Sincerely,

                  Sheldon A. Myers
                  Attorney at Law
                  521 Texas Avenue
                  El Paso, TX 79901
                                                                                                                                                                     1-9
                  Sheldon
                  521 Texas Avenue
                  El Paso, TK 79901
                  samyens 123@sbcglob al.net
MTMA/F Draft PEIS Public Comment Compendium
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Grace Naccarato
                                                          Susan Nadeau
         •REC'D mt 3 1
                                                  1-10
                                                                                                     ..fctrttttaatt
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             I,     Introduction
                   The method of coal  mining called Moimtaintop  removal mining has
             focK-n undsr inexeasing  scrutiny and controversy over the last fevj years.
             Mcuntaintop mining involves blasting up to  600 feet off the top of a
             roo'untain, and removing the soil and rock, called  spoil or overburden,
             to  expose the seam of  coal lying just below tho surface.   The
             overburden expands in  volume once removed from its  original location.
             Thi £ eKoesD over buz den has to t>e placed elcowherd,  and usually ends up
             on  adjacent valleys or hollows that May bo  the headwaters for
             intermittent or ephe-ratsral stro;suits.1   Once aiincrs remove tho cvsrburden,
             they car. min1- up t.o 100 percent of the exposed, valuable*  aii-d low™
             sulfur coal ceams lying bene-»t.h.a
                   This method of raining coal has boon called  efficient as well as
             profitable, because coal  companies can ma.xii:dze coal production at
             lower ca&ts than traditional underground mining.  Ihe companies point
             proudly co their contributions to the rooioaal economy.   The West
             Virginia coa1 i ridustry exported seme two bill ion  dollars  worth of c-oal
             In  1995, and employed  close to 20,000 people.3  in  1999,  three percent
             of  tho total jobs in if fast Virginia were in  the coal industry.4  This
             compares with 1979, when  alnvost ten percent of the  state's jobs were
             px-ovided by mining operations.s  Furthermore,  in .1998, mountain top
             removal mines employed only 2300 workers, less than a half percent of
             all  ctato jobs.*
                   Coal is an irrsportant energy resource, generating fifty-six
             percent of the electricity in this nation.7 West Virginia is the second
             largest generator of coal in this country.  Almost  all of the
             electricity in Kentucky,  Virgini a,  West Virginia, and Tennessee cowses
             from coal-firod power  plants *8 This  £esource is not  only  iwportant to
             1 Paul A. Dwffy, How Fitted war up Valley: Gmttutty Ou Debate on Dtepo*at fapactit 11 1 Nat Rcsonrcea & Envtl. L. 143, 144,
             3 U-
             s Crystal Moflte, Lack pf Subject Matter Ju? iM<en &r Political Deferred: An Amtyyis efBmgg v, Wsst Firgftiia CM*/ AssKtotteK,
             17 J. Nat RcsfHtrcss & Bnvtl L- 67, 69.
                       West Virginia and the r^gior/ & eafercjy neetis, but obx^iously,  it is a
                       matter ot natlojial int^rsst» given tiie recent ®a0t. coast  blackout.
                             The positive attributes of sujrfac® stining ars  offset by the
                       ©nvironroentai hazards and environmental fiamage th&t  occurs throughout
                       the entlie mining process.   One-; of the most concern!p.$  effects of
                       valley filIs with overburden is the increase in chatnicals that end up
                       downstream from v-slley fills.  Cru&micals found in greater quantities
                       dOTvnstream include sulfur,  sodium, and mo^t concerning,,  selenium (found
                       in 13 of 15 sitea to e^ceeU state Ambient Water Quality Criteria}.9
                             Anc'thei biy coocera i^ thfe SKtensive and permanent  changes that
                       occu L w i th v a 11 «ay fills.  Much of ,&ppei 1 acdi i a ha a hi $h loou n ta ins
                       surrounded by de«p val leys or ho3 lows.  The ssxceB^- overburdan is placed
                       in the valley alongside Lht? mount a in/ as it is noxs  econo;iiical ly
                       feasible for the coal industry Iconpar&i to hauling  out r,hs  excess
                       amount).  As of 2001, an estimated 1200 miles of headwater streams have
                       been directly impacted by this practice, and "724 stxsara miles (1.2% of
                       streams) were covered by valley fills from 1985 through 20C1.19 An
                       estimated 1000 miles of valleys in West Virginia's Huntington District
                       alone have been filled with mining overburden up to  200 f^et high,  and
                       several rivi lea I ci-$tlcn.l^  The
                       plaintiffs in Brags alleged misapplication of not only  the Clean Water
                       Act (CWA), but also the Surface Mining Control Reclamation Act (SMCRA)
                       by the W^$t Virginia Division of Environifiental Protection (WVDEP).
                       Specifically, they alleged that. KVDEf appxoved surface  mining
                       app 1 ioa t i on s of coa 1 coffipan i e-3 tha t did not meet ma ncia t o ry
                       environisntai standards*llS  As a result  of this  litigation, the
                       plaintitfs, Federal agencies, and 'rfVDEP agres-d to settle  the CWA
                       portion ot the case.  The settlement agreement required the  agencies tc
                       prepare an Environmental lisp-act S tat-amen t {EIS},14
                             It is the Drait of this BIS to which most of these  eoament.? will
                       be focused.  Proposed alternatives in the Draft EIS  will  be  examined
                                   e Curs& #
             *M.
             sec sapm, note J.
             * VS. EPA Region J, M&mtsMef) MiKtet^Fatley Pills- in Appakickifi Dmft Pr&grammaOK grsvlr&immtaf Impact Smemmt, ES4,
                       * M at m.D-6.
                       16 u ^ BS4,
                       u ff&w FlS&i vw? My Va&ey at 176.
                             ,
                       " MTM/f'f Draft Prvgtmmeitic Emfrpimentql Impact Stelmmt, 1-8.
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               individually and discussed to  see  it they rftcs'C.  the  statc-d goals and
               purposes of the  EiS.   Next, Uie  Preliminary Draft H1IS alternatives will
               foe discussed.   Finally/ the impacts to tho streams,  earth, and
               community wili be addressed regarding adequacy  of the £18 alternatives,
               and. suggestions  to alleviate some  of the raore profound issues,

               11.  TH£ DKAr'T ENVIRONMENTAL IMPACT STATEMENT
                     A, BACKGROUND
                     The purpose of  the EI3,  as stated in the  Federal Register,  is:

                     "So consider developing  agency policies,  guidance, snd
               coordinated agency decision-making processes  to minimize, to the
               m^xlKsuis extent practicable, th€  aci'v"©rse environmental effects to  h'&t&rs
               of" th& United State 3  and to £ish &nd wildlife r €•-sources af/ect^d  by
               rfiOiznt&ifi.top mining operations, a/id to environmsntal  resources that
               could be affected by  the size  and  location of excess spoil dJ. spots si
               sites in valley  fills. "*IS

                     The settlement  agreement reached foy the plaintiffs, and federal
               and ,sta~e aa^n-r.ie.'s requi red r.hf*  i nvnlved agenc-1 es to enter into a
               Memorandum of Undm"*tariding (MOU)  to establish  an interagency
               coordination prcoess,  which would  improve the permit process.1S
               Currently, the U.S. Army Corps of  Engineers (COE) has the principal
               authority to regulate the placement cf fill Into the waters of the
               Un.ft.ed State a under the CHA Section 404, either by  a general permit  or
               an i ndi\*idC"3l permit.   The Office  of Surface Mining  (GSM) has the
               authority to delegate the SHRCA  to states that:  have  more restrictive
               regulations,  Therefoie, the WVDEP has primacy  over  the Sl-CMA permit
               Precess in the  stats  of W*sst Virginia.  The U»3. Fish aiici wilcllif©
               Service (FWS) is responsible for administering  the  Endangered Species
               Act (ESA), and  issues permits  for  incidental takings.
                     Clearly,  there  are many  agencies involved with th© Issuance of
               permits for surface Kilning.  An  effort to- coordinate projects amongst
               all the involved agencies is a step in the right direction, and should
               lead to more consistency in the  application of  regulations,  For
               example, there  is no  definition  of "fill" in the textual language of
               the CKA, which  led to inconsistency in application  of regulations. In
               the case of the  CWA,  both the  EPA  ar,d COB regulations had different
                        definitions of "fill."   In  order to determine CWA  §  404  ""jurisdiction,
                        the £PA and COE redefin&d "iiiif< to as "effects test." Thuar  if fill
                        had the "effect" of creating  cUy land cr chancing  the bottom elevation
                        of a stream, then CWA S  404 jurisdiction applies,  and COS wculd foe the
                        period tt ing acency,
                              Th^re roust also be a  concerted effort by the lead  agency (Federal
                        or State} to not only r©main  on tract with the foevised goals,  taut to be
                        able to hold the other agencies accountable to the state-d, purposes of
                        the involved atatut,e£.   For: e&airple, SMC'RA regulations include a
                        "sSwreaia buffer zone" rul-e,  which states thai no one  can  mine within 100
                        feet of Iri'ceiHU.ti.enU and peiennial streasas. "s  However,  ths OSM and
                        WVDEP hays not been enforcing this rule when dealing with valley fills*
                              In sum, ooui'dlnationj, cooper a s~. ion sad planning smony&f the
                        various agencies are all positive aspects of this  Draft  SIS.  These
                        proposed actloo alternatives  are largely administrative,  however, and
                        this Draft EIS falls far short of the rest of its  purpose:  to minimize,
                        to the maximum extent practicable, the 5d7er,se environ^ntal effects to
                        waters of the United Stats*? and to fish a/sd wiidlif® resources affected
                        hy mounts i nt.op zninJ ng oper^tion.^y. and to env; romn^n^-^i r^^onrc:^^ thsst
                        nail til be effected by the sj'^e and locaticn of sjcce-ss vpzil dispc.>&&).
                        sites in valley fills.1*
                              JTurtherrsiare, dn not be  f c«led ? nto th inki ng  that the Bash
                        Administration had no say in  this Draft BTS.  Consider the following
                        statement from the- Interior Department. In October 2"OC1,  Deputy
                        Secretary of Interior Steven  Griles, a former mining lobbyist, proposed
                        to refocua tha study on  "centralising and streamlining coal mine
                        pe.raitri.na."m He went on to state "Ws ittuast ensure  thst  the EIS lay th«
                        groundwork for coordinating cur respective regulatory jurisdiction in
                        the most efficient mannex.  ht a mir.iMUffi, this would r^quir? that the
               !i Notice df Intent. 64 Fed Keg. S'HS (Feb. 5,
                        !!.i6C.'f;.8. | 8^6.5~ Hydmlegte Msmee' Steam toilferrarses,
                        (a.) N0 tod witMn i@0 feet of a (Hsrermmi atreaui or an intemiittttit stmm stiall be ^taitfeKi^y surfes* nrtni8g ftctixiEjeg, unless tha
                        iragttUtoty smfitoatj' i^fcdfiealiy aartwilzes satfacc mMtsg atfrt vlties *A<3BW tw, or through, sacli a stwats. The Teprfatot^ m&im r Mwati, Repvrt w/fl As^ to "Sfrnw^Ke*1 PermUs, The Charfestan Ctosffle, K9/S3 a* Sa.
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               A,  NO ACTION ALTERNATIVE
                     Thia is the baseline alternative from which  to compare all other
               alte.-rnat.ivea. This  alternative maintains the  regulatory programs that
               arc in place ao of  2003.

               E.  ALTERNATIVE #1
                     This alt.G.OKitiye provicios for the COE,  on  a  case-by-oase basis,
               to  make the primary determination of whether  and how large valley fills
               from Mountaintop Mining  would be authorised.  The  CGE would presume
               that most projects  would require an individual permit.   O'encral permits
               (Nationwide Permits or KHP 21)  would toe applicable in limited
               circumstances.22  COE  would leiy on SHCRA reviews  (in West Virginia,
               this would be done  by WVDEP), and would require  mitigation of
               unavoidable aqi.iat.ic inapacts (on-site or in-kind  off-site) .   The COS
               would be the lead agency for  ES/v consultation on aquatic resources, and
               the SHCRA agencies  would coordinate with FWS  en  aquatic and terrestrial
               species,  O8M would consider  rulemaking so that  the stream buffer zone
               would be inapplicable to excess spoi 1 disposal in  waters of the U.S.23
                     This alternative focuses on the pKRA and CW& previsions.
                 E-iovjevex/  allowing the dumping of sverburden within 100 feet of a stream
                 would irreparably harm not only the hafcitats of critters within the
                 iiKoedisce area,  but would also add minerals toxic to aquatic life, suoh
                 as  sulfur and  s^lenium to l*~ach dov/n3tie-am.   This Draft EISr by it@  own
                 admi^^ion,  actaits that there is insuffiaient data to determine  L,he
                 scope and long-term effecta downstrsem of overburden that impacts  to
                 3treasio' persist.   It also states tha1: indirect inipacts will continue
                 rsgardles's  of  which alternative is ssleci.sc.ss  This is simply
                 unacceptable.   The simplest and most direct response tc this problem is
                 to  enforce the rules already in place.  OSM a ad WVDEP have not be-sn
                 K>uld jointly (while jaaint-aining independent review)
               1-10
              K COE atttltoitasss at its & scrcHon individual permits fot projects thai haw mote than rtiimteat artveiw e&feete or involve watersheds
              lesa thanjESQ acres, and i&qiiires an etivtEoiRHGtital assessment. 0«neiaJ jwm^ts(TWP2I>MitattiSiaii3s«4for|«-cg»!Stsfhat
              imfi VKhtft% at cjmfateiv«1y have only miirimst aiJvetse effects, or are projects in wasmfteds greater tten 250 acres. Ttsss* hE
                "UOOXM
                                                    SMI1B-7.
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     determine the size, location and number of valley fills.28  As noted
     previously,  coordination amongst agencies is* good,  in  that limited
     resources can be comoined.  Data collected by  different  agencies for
     diffarent purposes is not viewed as one integrated project,.   What must
     foe made clear, however, is that, this  collected data is shewing a
     permanent impact en the environment: in Weat Virginia.  There  is not one
     single word in alternate H2 which satisfies the Draft  EI3 purpose of
     minimising the environmental impacts  of valley fills.  It comes in only
     as a secondary issue, in that streamlining the regulatory process will
     scraehc-w .minimize the permanent impacts and protect  the public.   Indeed,
     alternative $-2 locks to increase the  number of NWP 21  permits
     authorized by the COE (alternative #1 is the only one  which states that
     COE must presume that most projects require individual permits).

     D, ALTERNATIVE #3
           This alternative would make the SMCRA agency the lead in the
     permitting process.  The COE would process rfiost valley fill projects as
     NWf 21,  and few would require individual permits.   The COE would
     require the individual permit only if it found the  application
     inadequate due to lack of data,  mitigation, or alternatives
     considered."
           Obviously,  the coal companies must have  jumped for  Icy  uhen they
     saw this alternative.  The goal of this alternative is to enhance SMCRA
     programs "co satisfy CWA section 404 requirements.   Miile  there  would be
     a  joint permit,  as in alternative %2f  the lead agency  would actually be
     the SMCRA agency (in West Virginia,  this would fall to WDEPJ .   The
     assumption is that, the SMCRA review is much like  aa individxjal  permit,
     with the exception of off-site mitiyation.  This  mitigation would be
     assured by COS.  The fact that COE would routinely piocess valley fill
     projects as  NWP 21 permits is enough to dismiss  this alternative.
     Furthermore,  the current environmental record  of  WVDEP with valley
     fills is less than stellar.   Adding further regulations to enforce and
     jii'jrti luring to a atats with .limited .resources* is probably  not  a  wise
     enviiunuteiiLai choice*   Part  of th« piohlerrt May  also foe clue to politics
     as usual,  Ths coal industry was the top donor  in the  last tvjo
     elections of  some elected officials in West Virginia,  and thr^s of the
1-5
                           last four heads of WVDSP have come frosa the coal industry.30  An old
                           s-ayirKf coses to irdjtd of ths iox beina in charts of  the henhouse.
                                None of the alternatives discussed in the Draft EI5 adequately
                           deals with rainitr.izing the err/if oriental impacts of  moun taint op mining
                           and valley fills.  They dc not speak to any environmental lust ice
                           issues.  They do not propose reductions in the size of streams
                           affected,  Tney dc not propose specific Mitigation  procedures.  They <3o
                           exactly what Deputy Secretary of Interior Grlles wanted;  they
                           streamline the coal mine permit ting process.
      Prior to the release of the £vforementiened Draft  SiS  for
rnountair.top mining and valley fills,  the SPA released a preliminary
draft in January of 200.1.   This preliminary draft included  many  items
missing from the final Draft .released to the public  this  ye-ar.   Thss
preliminary draft SIS focused on minimizing adverse  environmental
iffipsots/ rather than focusing on streamlining the p-cntuttina process.
      The issue of increasing scrutiny of permits involving valley
fills would toe aided by a  Memorandum  of Understanding  JMOU) between  the
i evolved ageticies.  The ager.cias had  entered intc the acx&sftsWit.  wi th
the go# 1 of enhancing cooperation and contmuni cation  in  order; to  ensure
compliance with all appl i cab la federal  and state? ! ffl*.-^.;' Changing the
"vvrhole tone of the SIS to 3t.reamline ths pera^itting process, rather than
usincf the wyj for coordination and cooperaticn,  s&&&s almost to  be a
duplication o£ effort.   In other words,  improving caawunication,
timelines and coordination amongst the various agencies would do tnor©
to "streamline" the pe.n'nitiing process than removing rules  and
regulations put in place to protect the environraent.

A.  ALTERNATIVES DISCUSSED  IN THE PRELIMINARY DRAFT SIS
      Theie were lour alternatives discussed in  the  preliminary  draft,
First was the He Action alternative,  or baseline,  whicti reflected
agency policies and decj-sion-ittakino prior to the litigation in 1998.
This would not be a preferred alternative,  for that  very reason.
                                                                          1-5
                                                                                                            w I'eter SBs^n, 8&zi&g Appatxlsla, May S, 2002, at h
                                                                                                            a US, S..VA. Scg. 3, M^y^ln^pMlK
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          A-1124
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                    Alternative B Kould restrict valley  tilia to watersheds between 0
              to 75 aercss  (ephemeral streams), and would restrict fills to the
              upp-ertaost  reaches of the watershed.   This alternative vjoylei result in
              fill being deposited in more rather than less  watersheas, and a erreater
              nui&ber of  foiotic cona'aunities would, end  up  impacted.32
                    Alternative C wen Id! place the fill further downstream, possibly
              untie r the  CCE section 4C4 MWP 21 permit program.   The water .shed size
              would range  foetw-sen 75-250 acres,     The watersheds affected would foe
              larger  (intermittent streams), and should  result in fewer valley fills.
                    Alt^rnati ve D wculd not litr.it fills  to  the nize of the uaterv^hed,
              tai.1 *r werj 1 d  i rr>p! f*went, trta ny new p rcg rammat i r,  act I on s to reduce aquat i. c,
              terrestrial,  and conanunity inpact concerns.M

              B. WHY T.TMTT THE ST7K OF THE WATFRSHFJ)  AFFECTED?
                    The  preliminary F.TS Jacked at the current percentages of valley
              f ilIs by acreage.   In Kentucky, for example,  81 percent of proposed
              valley fills were in watersheds less than  75  acrea,  while 14 percent
              were in watersheds between 75 and 250 acres,  the rest being in
              watersheds tj res,ter than 2SO acres. "   &.? previously discussed, the NW?
              21 permits are currently issued for watersheds less than 250 acres,
              therefore, 95% of valley fills in Kentucky were approved without any
              kind of environst.ent.al assessment (and West Virginia's record is iuat, as
              dismal) *   If one v?ere to reduce the watershed acreage siz«5 to at least
              a 75 acre  watershed, Kentucky would require environmental assessments
              on at least  19?  more affocted watersb&ds,  and  West Virginia would
              require environmental assessments on 41% of affected watersheds (sized
              75-250 acres).3(S
                    There  is another suggested reduction in  the size of watersheds to
              33 acre.s,  found In a cuirju 1 at i ve impact,  study  prspa red for the H. P. A.
              for this preliminary draft.37   This  reduction  was not even mentioned  in
              the preliminary draft, as if it did not even  exist:,  but wi II be
              discussed  further in the impacts section as a  possible alternative.
                                                                                                 C, DISCUSSION OF PRELIMINARY ALTERNATIVES
                                                                                                       1'he alternatives discusses ia the preliminary draft were
                                                                                                 certainly wore promtsinq th.an those actually published as tile Draft
                                                                                                 EIS.  The iiaposition of a "bright  line" jcul© on the size cf  the
                                                                                                 watershed to a lo-wsr acreage is essential  to the protection  of
                                                                                                 intermittent streams.  Identifying the types' and sizes of the streams
                                                                                                 brings raore clarity to r^gulations on cluKCiing overburden into sensitive
                                                                                                 hal^itat areas.  The only acreage limit listed in the  2003 Draft  EIS  is
                                                                                                 the £50 acreage Jiniit.  Tl^erts was  no consideration for the protection
                                                                                                 c;:£ the lary-er wac«3isheds froni psrsriarient dst.m3.g&t r.or wa& there
                                                                                                 con,-ji
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             i. IMPACTS'  TO  STREAKS
             T.iere aie many t^pes of st.rcaa-.s affected by valley fills.  Plant
       communities tounci in high-gradient streams are uniquely adapted  to
       survive-  in that type of crvirontaoftt.   Tlieae habitats oupport an
       abundance of  flora coin si do .ted to be endomic (ooioe species feeing  very
       rare) to the  region,JS   Small streams and headwater  streams play an
       important part  in the conversion of organic mattex to fins  particulate
       matter.  The  most serious direct itspaet from mountaintop mining  is  the
       burial of these streams underneath 200 feet of overburden.4"
                   The streams way also bo impacted by the construction of
       ccdiifientation ponds  oelow valley tills.   In West Virginia,
       sedimentation ponds  can range from 150 to b2UO feet of channel
       occupancy, and can be located 3200 feet frora the toe cf the valley
       fill.    This  pediment-laden water can be expected to flow  into nearby
       unimpeded streams, thus affecting aquatic life.  Tonic minerals  such as
       sulfur and *oienium  have been noted in fiighor concentrations foelow
       rair.ing, and. even  higher concentrations downstream of fills,42  To date,
       there has bssn. no adequate action to mitigate for this damage  to
       streams or aquatic, life.   The preliminary draft states unequivocally
       that neither  stream  construction and enha.nceir.snt or wetland creation
       have boon etomonstrated  to fully eoisponniite tor the functions lost by
       the f il ling cf headwater otxearns or tho indirect effects to downst.teaai
       secfit.ento of atreaifls  from overburden dumped upstream.43
             In order to protect headwater streams from the$e devastating
       effects, one  has  ™o  1ook nc further than the "stream buffer zone rule"
       found in SMCHA, As noted previously,  the federal and state  agencies
       chould enforce a  prohibition of surface mining activitios within 100
       foot of an intermit ton t. or perennial stioarsu44  The agencies should  not
       only amend their  regulations tc cortsply,  but they would also have to
       create a protocol to define the intermittent, streams.  Then overburden
       would be placod or "toed out" 100 foet upstream of the; point where  the
                                                                            5-7-2
>|U,»ES-S.
"MMBS-9.
stream flow becomes intexMittent.   The ephesisral portior* of the 3t£©Mi'i
channels would be ob-vicasiy fr-ast afrfectsct.   Econowic-aJLly,,  the bur sen of
proof of demarcation would fall on the penr.lt applicant.
      Limiting the size cf the watershed affected will a 3 so reduce the
damage to intermibtent streams»  AccordIna to the study done by Gannett
Flsirdng for t.he EPA, liiidtiao watershed size to 0-35 acres produced
inpacts to the fewest number of watersheds,  ecapared to the 250 acre
watershed sise."  The 35 acre limit was found to  impact the shortest
length o£ stream, and produced the smallest percentage of stteam length
affected.  Fuxtherfflore,  the 35 acrt* restriction produced lh*? lowest
number o£ direct impacts tc streams.4'3
      Enforcement, of the "stieam buffer zone rule" and restxlcLing
affect-ed watersheds to 35 acres  Fill E^rwmentetl/Mipeict $&tt&tmit
                                                                                                                                                                                  1-8
                                                                                                                                                                                  5-2-2
                                                                                                                                                 13
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            Leas o£ a v.-e^i due to either quality or diminution can .be
      devastating to residents.  Given the fact that most residents in the
      Appalachians are economically burdened by the effects cf surface
      mining,  it seems appropriate to require coal companies to compensate
      rcciccnts tor the loss of thcii wells.  Changes in blasting procedure
      to occur farther away from residences may limit the profound changes in
      groundwatcr flow.  Studies should be conducted by COE or the
      appropriate ^tate agency to determine the best course cf action for
      well owners in t.^o area o£ a surface mining operation.
            i ii.  MiTlOATiOH PRACTICES
            As stated previously,  current mitigation practices have not been
      demonstrated to fully coR:pe^^ato for the functions lost, by the filling
      ot  headwater streams or the  indirect effects to downstream s&arr,ent3
      from upstream fills.  Studies noted in the preliminary draft suggest
      chat wetland." constructed on mining aites do not replace in-kind many
      cf  the pre-mining functions  provided by headwater streams.51  Creating
      an  isolated wetland on a reclaimed mine do^as little to contribute to
      the? biological needs of aquatic ecosystem downotreom from the mino*
      Some .opeci.es will bs able to inhatoit the created wetlands, but a
      biologically healthy stream  would be the best option.   The preliminary
      draft suggested that redirecting the groundwater flow would help
      reestablish stream channels,  by designing backfill slopes on the down
      *3lope aide  of the mined area,52
            The- lec-toration of streams would require come regulatory changes
      to  allow valley fill configuration,  This should be a part, of the
      initial  permitting process.   The permitting agencies must provide
      monitoring  cf these restoration activities, anet penalties for
      inodoquate  restoration projects.  Currently, neither the SMCHA nor the
      CWA permitting process requires the assessment of opportunities to
      replace  lost aquatic habitat due to surface mining activities,  This
      will  need to change.  Rirthemore,  WYDEP indicated that em-site
      mitigatien  of stream and associated wetlands was not the norm for pre~
      litigation  rninincr operations."3  in fact, coal companies in West
      Virginia opted to pay into a  stream impact mitigation fund,  at a rate
      of  $120,000 per ac-ie for stream impacts to the toe of  a fill, and
     •'liatES-12.
     "Id-
5-2-3
5-7-3
$20,000 per acre for sedinientation ponds.54  Coal companies  could, also
p*-r±orss other local &u.ti«y&t,ion or  iKsprovsient. prc-jects ot e<$ml value
to the mitigation payment/  in lieu of  a  direct cash payment.  In $est
Virginia, most raine operations preferred the direct c ash pa'/men t.55   The
truth is, compensation may foe more attractive because it. is difficult
to technically compensate en-site  mitigation adequately.  Perhaps the
next best option is to use- the cash payment  no purchase land trusts or
to bank pristine areas from any development.

      iv, THE LAST WORD ON AQUATIC IMPACTS?
      Vail ay fills destroy stream  habicaLs,  al'cer sLieam chemistry,
affect stream floss* arid thermal charsctex is Lies,  and reduce downstream
transport of orgariic matter.   Before  ihe liiiga^icm, valley £ ills also
destroyed stream habitats before adequate environmental assessments
were performed.   As noted in this  section, these impacts can be reduced
considerably by CORforming to 3MCR& requirements, restricting the size
of the watershed affected to 0-35  acres,  and putting appropriate
mitigation practices and penalties into  effect.  It ia unacceptable
that the Draft EIS did not even ccnsider any of these in Ito suggested
al f ernat.i ves ,

B. TERRESTRIAL ISSUES
      The r.wo lBBu.es that ara moat important terrestrially are the
roc) amat.i on practi ces (or,  lack there-of)  of  the surface its in \ r\g
companies, and the effects of deforestation  on plants and wildlife,

      1, ALMOST  LEVELED,  fcSST VIRGINIA
      Psrt of the regulations contained  in SMCRA, 30 U.S.C.  S§ 1201  et
sec;,,  require that overbmden foe replace to  its "approximate oz'ioinal
contour" thus putting Humpty Duff.pty foaok  together a \jain.  Companies
must reclaim land so tiiat it closely resembles the .general surtace
contiguration of th© land prior to mining.  However, £actors such as
stalling of. ovorburcten after removal rcake  it isrcpossifole to replace all
of the excess back  where it cars® from  (so, SQKIS gets dui^pe^ in valley a
adjacent to the  site) .   Also,  reconstructing a steep iqour.tair: mine can
foe impossible, and frankly the stability would bs unpredictable in that
                                                                                                     5-7-3
                                                                                                     1-8
                                                                                                                                            15
MTM/VF Draft PEIS Public Comment Compendium
         A-1127
                                                              Section A - Citizens

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       case.   Furthormorc, t.he  regulations are unclear as to what constitutes
       "approKiirkitc original  contour"' for a specific area,56  The SMCRA allows
       niir.ing companies to obtain  a  waivar fross the contour requirement,  if
       they can pie-pose an alternative use for the overburden that "will put
       the land to an equal or  better economic or public use after mining than
       before.   The- permit applicants must show that they will manacrc  the
       ovsr four den in accordance with applicable regulations and  that the^-e
       use3 will not damage natural  watercourses,57
             Trio involved agencic-a obviously do not read the local newspaper a
       in West Virginia.   In 1998,  according to the West Virginia Gazette,
       three-quarter3 of the  active  mountaintop removal mines in  that  state
       did not subffiit contour varianc&s,  nor did they sub-nit the  required
       poriC-rairiiriC! development  plans,ss  At t.he tirue the article  was  written,
       thirty-tour mines, both  active and reclaimed,  that received contour
       variances were identified,  and ONLY ONE included a plan for future
       doveiopffient.^  So much for compliance with regulations.
             There needs to bo  some  clarification by OSH as to acceptable
       contour variances, as  well  as oversight to ma He sure the mining
       ccrapanier are in compliance vjith regulations,   OSM has the authority  to
       pull porip-its if che state is  not comply!aq with its awn regulations.
       Perhaps it. is time for GSM to step up to the plate.
             The mining companies  like to uoe "fish and wildlife habitat  and
       recreation lands'" as a popular pest-mining lane! use.^   This places flat
       patches of plains between the old growth forests of Appalachia.  The
       landscape then takes on  a checkerboard pat ten ft and habitat: patches
       become isolated.  This can  adversely affect species reproduction and
       survival.  It can also favor  the introduction of non-native invasive
       species, and the subsequent loss of native flora,and fauna,  According
       to the preliminary draft E1S, non-native spec i GO arc con,•side red to be
       the second irost important threat to biodiversity,  after habitat
       destruction -S1
             There obviously  nesds to be SO-IKS coordination amongst agencies  to
       develop procedures to  reduce  the introduction of non-native and
       "(-fifes* Filled Was My Vattw, 11JF. Ha!. Resources & Envtl. L. at 145.
       w&
       ** Km Wstt-d, FfaUimsd, Mast Momtai»t&f> Mines U/tm Pasture Land m &«&>, The CbsdesKm Gaastte, S£9/!9£S at
18-1-2
invasive species.  One would think that listing species unacceptable to
reclamation projects would be first or* ttie agency "to cte" list.  There
are regulations already in place which limits the percentage o£ land on
which uon-uatxve vegetative species can be planted.f&  Therefore, the
existing regulation can be used to limit the percentage.  There should
also foe inoentivos to foster the relintroduction of native plants and
wildlife.  This could bs aecoEftplished by providing credits towards
mining companies for good reclamation practices.   These decision®
should occur during the permit application process,  so that all, impacts
and requirements are considered early in che process,  Ceffitftu? tidies
should also become iiVvolv-feKJ Vfith this pxoc
-------
The study acted13  that forest harvesting causes  loss duration  o±  impact.
cojhpared with inourj tain top mining.  However, forest harvesting combined
with uncontrolled mountain-top mining will leaves only  35%  of existing
tor eat in the study area today.m
       The oftocta  of deforestation on native s^ngfolras are a big
concern to the public.  One cf the corsmentators during the  scoping
process quoted a  ;3tudy by Latta and Baltz J;roiti  1997,  which  noted that
fragmentation of  breeding bird habitat would have profound  effects on
reproductive success of avian specie^.70   The  study stated that
fragmentation could cause insuiarizatior. effects, increased nsst
pre-ciation, i nc reaped neat parasitism b-y Brown "headed  Cowbirda,  arid
decreased pairing success.  These effects could be sufficient to cause
local doe lines in bird populations. Three other studies quoted in the
Z 00 3 Draft EI8 a lac cont inne-d th-e correlation between forest
f rogitiGTitation and deci ine in Neotropical avian migrant populations. n
      There eh-ould  be a concerted effort by oil involved  state arid
federal agencies  to characterize the habitats prior to allowing  raining
operations to begin,  in order tc properly evaluate the effects of
mountaintop raining  on plants and wildlife,  This would require some
pre-perrftitting evaluations,  with the input of citizens, mining
cojKpanie-i', wildlife experts and environmentalists.  There aloo should
foe some identification of the best options  (best management practices)
to help restore terrestrial habitats,
      Alcng with  the pie-permitting evaluations/ there absolutely MUST
foe ocane monitoring  of reclamation practices.  The agency  most qualified
to monitor the restoration of habitat is fWS.  While  SfVJCRA  is the
perrtiittinv} agency for mining activities, and oversees reclamation and
contour variance, they are not t-Ji.ldl.ife experts.  Plus, requiring the
SMCRA agency to oversee ail of the impacts puts a strain  on limited
state resources.  Allowing FWS to oversee habitat restoration,  and
requiring docm^entation and continuous monitoring of  reclamation plans
makes more sense  than the suggested alternatives in the 2903  Draft £18,

      iii. THE LAST WORD ON TERRESTRIAL IMPACTS?
      Mined landscapes,  once healthy forest habitat,  are  increasingly
being changed to  a  mosaic patchwork,  with the resulting landscape
                                                                                    7-3-2
                                                                                    19-3-3
                talcing on a checkerboard appearance.   Many of th^se changes occurred
                without ovezsicht by OSM or th* state agencies.   Ther© t*ja?, be pre-
                permit-tin*^ evaluations on the habitat, such sa an environmental
                asss-esmsnt.  As notsd in this sectioii, thsse iispacts can be reduced
                considerably by instituting *ha 35 acre draif;aae fo-aain restriction
                scenario,  and putting appropriate rnonitoring and ;ilociiiBentation
                practices and p$nalti^s into •&£fe?ct•   Furtheratore,  WS should foe the
                agency allowed tc overs^© habitat ES^toration, which would require some
                coordination between FW5 and thss state SM"'RA agency,  perhap.y npelIBwmto3 Impact Stotsmmt, at M 6,
       7114
                                                                                                             nM&mtnitsi&p MBJs^?V%PHI JSwfcPr&gwtwwtfGEffi-ir&ftme&ttlIfUjpaiei Slatf/mmi, at t-\6,
                                                                                                             n M»m&t>iil&p Minti^Valley fill}£m>ir»witm&tffmjxiel Si&S&mmtPreftmimrp J%3^ at ES*1 ?.
                                                                                                                                                19
                                                                                                                                                                                          1-8
                                                                                                                                                                                          16-3-2
MTM/VF Draft PEIS Public Comment Compendium
A-1129
                                                                                                                                                                    Section A»Citizens

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      "affected persona may have  JLogai  recourse regarding blast nuisances
      through civil action.'"'*   Apparently, they did not know  that les-s than
      one  tonth of. citizen complaints  result in citations.  They  did  not know
      that even it citizens have  a pre-biast survey done  (and ff.ost do not
      bocaujc of tftc expense) they must still prove that  the blasting was  the
      actual cause cf any damage  to  their property, an almost impossible feat
      for  most.77
            The answer lies in  the preliminary draft,  which suggests  two
      actions.  First, conduct  research to discern wr.sthejr the current, SICRA
      rocfu Cation s are ettective in preventing blasting dastiacfe from th© newer
      methods used by surf aoe- mining coMpanics.   Se^conci,  pre-bl-ssr surveys
      should be performed to assess  quality and quantity of private well
      sap-plies. ;S   Public sentiment  is  that coal companies routinely  cause
      damage,  and regulatory agencies  ignore citizen coirplaints.  Another
      suggested addition would toe to allow more public input foeiorc mining
      permits are issued, along with the size and impacts of the  raining
      opcration.  Once the public coi^pl-sins about bi-sstino damage, thsre
      should be either a form of  Alternative Dispute Resolution or Mediation
      to  resolve issues between citizens and mining companies.  This  woulyww%".clUzen8a>alc£miidJ.Bfg/itew/razii^Af .fotm.
                                                                                                                                      mtaS fmpxl Statement fre&ainaiy Dfuft at ES-1
                                                                                                                                                 21
                                                                                                    1-8
                                                                                                    10-7-2
MTM/VF Draft PE1S Public Comment Compendium
         A-1130
                                                              Section A - Citizens

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            iv. THE LAST  WORD ON COMMUNITY IMPACTS?
            Those aixs  not the only co-Mtunity issues that  earne up in the
      scoping proce.7r?.   flooding of downstream corwimnities  froai valley fills
      is another isssue that  the public is ccncerned about.   This is because
      of 2 devastating tioods,  one being the Buftaio Creek  coal vraste dam
      failure.1*'1 The  preliminary draft found that  valley fill failures) are
      uncoMMon, and tho.sc that occurred were preventable  within the ©xisting
      rocfulstory fraiTie^ork,  and no act ions were suggested,8S
            ?^nother issue that caifte up was the: location of  R^ininc! activities
      on culturally s ign if leant lancir-capeo .   Proposed plans to star face mine
      Blair Mountain,  a sc*jn£ of atruggl© to unionize the coalfields in the
      early 19CO* s was iftet with much resistance from nearby residents.   A
      £u-ggestcd action would foo to hold such important cultura 1 landscapes as
      a land trust.
            The bottom line;  with these cosKftunity issues  is  that, it is
      imperative that  governmental aoencies rcniCHibor that eonimunitisa exist
      near coal mining operations.  They must revi3e regulations to protect
      the public health and  property from excessive damage  from thess large
      itdru ng operations,  and protect culturally significant landscapes.
      There also should be an assossroent of environmental justice icsues.
      ignoring  them in the £003 Draft EiS will not ir«ake them go away.

      D. ECONOMIC ISSUES
            The primary goal it; plsniiina win ing operations  is tc balance
      stripping .ratios with  consistent production  costs,  A typicsl lar^e
      surface mining  operation will produce almost 10,000 tons of coal per
      acre, arid will  produce between 1,000,000 and 2,500,0-00 tons per year.M
            West Vi rgir.ia' 2  State Bucitfet Office rec©ivs-s  approKimately five
      percent of its  revenue from coal severance taxes.   Mountaintop mining
      emplovTAent, mentioned  earlier in this eoHtment paper,  accounts for only
      about 2330 jobs,  or one-ha If percent of all  state  jobo.   It is obvious
      that the  region  is  economically dependant on this  resource, and there
      needs to be a concerted effort to diversify  and develop an economy that
      can flourish once thi$ resource is spent.
            The implementation of D- restriction on valley fills to 35 acres
      or less would minimally iitipact the price of  coal,  increasing the price
10-2-2
toy only one dollar per ton.87  The economic  studies^ cormaiSiSioned by the
E&A^ also show tnat I'c-^trictisg thes-® valley fills te tvhs smaller
acreage limits would increase- the price of electricity £>e only a few
cents psr Mega Katt Hour  {MfclHr} 3 wosc
strongly felt in southwestern West Virginia/ where coal mini IK)
aiqpioyment is the largest.  1'his iiMkse it very important tU' build
infrastructure and to diversify economies in thos« regions most
a£r>>at&d.  Any alternatives should include actions that include
provisions for building this infrastructure.  Wot surprisingly,  this
was not discussed in the 2003 Draft SIS.
                        add res 31 ncj the p^rrsu tt i ng process anti negl e-ctlng wh^st should h.-^,*^ b^ett
                        i ta nrimary purpose, the mi rdrfizaf ion of adverse psf fects to a he*autl f u!l
                        and pristine environment. I cannot support a.cy of the alternatives
                        suggest <£>d in that Draft.
                              The preliminary Draft EIS released in 2001, while not perfect,
                        itianage-d to acidress thsse issues and made some suggestions for
                        minimizing trie ii^acts that ncuntaintop mining and valley fills have on
                        th-e surrounding areas and conir,unities,  I would sucDw$ll£&vim*>mmfai i
                                                                                                    1-8
                                                                           4-2

                                                                           1-5


                                                                           1-6
                                                                           1-8
      M Id- at ES-20.
                                                                                                            ** Oaiffleti Fieraii^, lite,, &Ki>irtawmiai b$p®et Sintm&ti Afwi
                                                                                                            Catssee?it4Me& Report, 4^23/2002., t, 10,
                                                                                                                                                      1 Fill Aftoftig At Cetttrmt Ap}>ah&foiti
                                                                                                                                               23
MTMA/F Draft PEIS Public Comment Compendium
         A-1131
                                                                                                                                                                            Section A - Citizens

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                                                                                                                                                                Patricia Napier
         acres or less.   The Gannett  Fleming study demonstrated  that this
         restriction vrajld least lisp-act the surrounding environment, both
         aquatic and terrestrial.   Next, enforce current, regulations, such as
         the "stream buffer zone rule," which will reduce the impacts of
         overburden to stream quality  and quantity.  Moo itor ing by OSM or the
         .state srCRA agency of "approximate original contour" compliance would
         force coa 1 coiTpaniea to perform their rscjuirecl reclamation practices.
         Also, add regulations to include harah penaIties fcr nonccsfiplian.ce.
         This would be an additional incentive for coal to "clean up its act."
         Lastly, environmental justice concerns must foe addressed, so that
         affected populations do not feel powerless and dismissed by the coal
         coapsnies or their own government.
              Almost Heaven,  West Virginia is becoming Almost Leveled,  West
         Virginia.  Let's- not let that happen.
1-8
                                                                           S'D Alt 11-,
                                                                   ...CiUQ^aAQ^OP.03
                                                                           Ja.
                                 JdklLiA
_&aK_
                                 
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                                                                                                                                                             AnnNelson

                                                                                           Ana .Nelson
                                                                                           Date;  1/05/2004
                                                                                          City:   Tata-Aha
                            State:  WV   .Zip:  26.764
                                                                                          I am opposed to the continued destruction of mountain tops in West Virginia. Our
                                                                                          ecology is slowly Bring permanently mined, along, with highly valuable sources of clean
                                                                                          water tliat surely are worth as rntich as the coal that is being rernoved. In the tfext
                                                                                          rftillenniumij the shortsightedness of ttie Bush sdaanistration will be written about in
                                                                                          history books. And water shortages will be the causes of many wars and much litigation.
                                                                                     1-9

MTMA/F Draft PEIS Public Comment Compendium
A-1133
Section A - Citizens

-------
Nanette Nelson
                                                                               d/6/

  When 1 sat down last night and thought about this meeting, I became both sad and angry. The very subject of MTR
onjures up extreme emotions for true coalfield residents. Those of us who have lived to our communities for many
eneratktns are one with the land. Not many people can understand this concept. You just have to know our hearts.

  I want to impress on you the true cost of MTR. We hear that the DBF, EPA, and other agencies plus industry want
3 rely on so called scientific data. But the data always seems to suit their wants and needs. Certainly not the coalfield
aidents. How do you gather scientific data on people, their feelings, their hopes and dream*. You cannot. This BIS
tatement is a sham and it is a disgrace to even present to tte people of this state.

 You want to talk about economic development. Where is it? According to the DEP website there are 363 active
lining permits in Boone Co.. They say that MTR sites can be made into economic development sites. Where are they?
'here are 79 active MTR sites now, and I doubt that there will ever be any kind of economic development on Big Coal
;iver. Our county has terrible conditions around MTR sites. Property values have gone dowaPeopfe could never get
nough out of their homes to buy an equivalent home elsewhere. People have worked ali their lives to have a home only
j see it's value go to almost nothing. Whitesviile and Madton are only ghosts of what they once were. Everywhere
lere is MTR, community death fbliow&People have left because they"ean't $ta"nd living in the Conditions caused by
fFR. Our schools lave been closing. We have fast many schools in our county in the past few years. Need I say More?

  They say that MTR is wonderful for wildlife. If that is so why h the wildlife coming down into our yards looking fcr
»d? They never did  that before. You never hear a whippdrwill any more. Big Coal River used to be full of fresh water
wasels.  They were huge. They were everywhere to the river. They »re all gone now. You have poisoned and polluted
ttd blasted and dusted the environment to death. Not to mention the unprecedented flooding that is occurring
miewhere every time we have a rain event. This used to be rare, now it is becoming commonplace. And who pays? As
sual FEMA is called  to and Federal tax dollars are used to try to help these families recover. But ev« this is a sham.
EMA doesn't even come dose to paving enough to put these poor people on the road to recovery. Some of these
imiltes will never have normal lives again. Again the coal and timber companies get off scott tee. Where is the justice in
ris? When is this ever going to end? When you have destroyed the lives of everyone or have run the rest of us off so
ou can hare fiw reign to do whatever you want with no one to see? I  truly believe that this is your goal. You wish that
r many years. The true miners knew the dangers, and so did their families. They accepted that danger. These men
sposed fliemselvw to these dangers every day. They «n»sed themselves, no one else. The are true brave men. The
sople who work the MTR sites may have a safer job 8>r rhenaelvw, However they are putting innocent people in
jrms way. Little children, the elderly, common peopte and even babies yet unborn are in danger around these sites. And
Ju call this a safer raining method? I think not. When you put people in harms way that ate not even connected to the
lining industry to aave your own behinds, I call that cowardice.

 The true cost of MTR can never be measured. The lost fbrests, the poisoned water, and the lost species that our
ildren will only hear about But tha worst cost is what is has done and is doing to the people. The mental anguish of
te people can never be measured, 1 have seen a man cry when he talked about the destruction around him. But the
'orst to me is  the little ones who arc terrified of the rain. Those children who have lived through floods ate scared to
                                                                                                                                              eath to go to bad when It rains. They ileep wRh their clothes on. How can people have good mental health w
                                                                                                                                              ee their world being destroyed around them? Depression is common and so is anxiety. These are problems tin
                                                                                                                                              ured overnight. You have caused these problems, and it is up to you to fix them. It is time for these regulator
                                                                                                                                              ) have some backbone and tell these companies to clean up their act.
                                                                                                         11-3-5
                                                                                                         6-1-5
                                                                                                         17-2-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                                                 A-1134
Section A - Citizens

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Paul Nelson
           Gentlemen, I have in ay hands a list of 3<53 active mining permits in Boom Co. atone. Not
        counting the many pending penrite. You tsUt about economic development. Where is it? I haven't
         _ You keep talking that you need MTR because of the jobs it creates JActua% MTR is
        eliminating jobs. I was an underground nuner, The ratee that I worked at employed over three
        hundred men,  A company can operate an MTR ate with as few as twenty men. You call that job
        creation? I don't When I went to work I put myself in danger no one else. MTR puts everyone in
        danger. When I worked underground the company would fas about and 8 inch middle band of
        rook in an 8 foot seam of pure steam coal. But you say you can make money moving whole
        mountains for a small geam of coal. The economics don't add up. You talk about the wonderful
        habitat for wSdBfe that MTR create*. If it is » wonderful why is the wildlife coming down into
        our communities to eat. We don't have an overpopulation of wildlife it is the feet that their habitat
        is being destroyed.                 P)*T^C

          The danger posed to the environmenjhnot only by the MTR operations but tico the booby traps "
        that they have littered the hillsides wMFEverypteee you turn is gated off. What if a child would
        get into one of these. Are these companies above the taw? In West Virginia they seem to be.
        What about the VIETNAM VET'S ? They were a lot of good young men that were INJURED
        and KILLED due to BOOBY TRAPS. Why are we having to fece the same thing here in OUR
        WEST VIRGINIA MOUNTAINS. Is this not the UNITED STATES OF AMERICA?

          It is time for a drastic change. It i« up to you to have the courage to stand up to the Bush
        administration and demand that the people be protected, not the industry barons,

                                                                  of
1-9
                                                                                                                                              Issued Mining Permits
(363") Issued permits fat BOONE
Permittee
ANKER
ENERGY
CORPORATION
ARK LAND CO
ARK LAND CO
ARK LAND CO
ARK LAND CO
ARK LAND CO
ARK LAND CO
ARKLANJB^'
COMPANY
ARK LAND
COMPANY
ASSET MINING,
LLC
ASSET MINING,
LLC
BLACKHEART
MINING, INC
BOONE
COUNTY AIR,
L.L.C.
BUFFALO
MINING CO
BUFFALO
MINING CO
BURCO
RESOURCES
CORP
CALLISTO
COAL
COMPANY INC
CANNELTON
INDUSTRIES
Type
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Coal Surface
Mine
Doal Surface
Vline
Prospect
Quarry
Coai Surface
Mine
"oal Surface
kffine
"oal Surface
Aine
Coal Surface
/line
Coal
Permit
ID
P50099_8

P500490

2501301
P502001
P5023P
PS03I01
P50S398

P5Q2102

P502802

S5024S6

S503095

P50349Q


mmm
S503395

ssoifisp.

S500900
D008Q82
toned
Bate
03/12/1998
02/08/1999
05W2/2001
06/11/2001
07/10/2000
08/28/2001
12W2/1998
09/16/2002
01/07/2003
02/2&71997
06/03/1996
07/13/1990
04^25/2000
05/28/1998
05/28/1998
12/14/1990
11/15/2001
07/16/1982
Facility Name
FISH PROPERTY NO. 2
HOBET 21: ALMA
HORIZON
H21: CAMP CREEK
H21 LITTLE HORSE
CREEK PROSPEC
ARK LAND
OTTAWA ALMA 2
HOBET21:CHDLTON
HORIZON
HEWITT CREEK 2002
CAMP CREEK NO. 2
GAS
HOPKINS FORK
SURFACE
FROZEN HOLLOW
SURFACE

PROPOSED QUARRY
TONEYFORK
SURFACE #1
TONBYFORK
SURFACE #2

CALLISTO SURFACE
MINE

Current
Status
New
New
New
New
New
New
New
New
New
Renewed
Renewed
New
Renewed
New
New
Phase 1
Released
New
Renewed
MTM/VF Draft PEIS Public Comment Compendium
      A-1135
Section A - Citizens

-------
                                                       Page 2 of 18
                                                                                                                                Page 4 of 18
CANNELTON
INDUSTRIES
we
CANNELTON
INDUSTRIES
INC
CATENARY
COAt CO
CATENARY
COAL CO
CATENARY
COAL CO
CATENARY
COAL CO
CATENARY
COAL CO
CCCOAL
COMPANY
CCCOAL
COMPANY
CC COAL
COMPANY
CCCOAL
COMPANY
COLONY BAY
COAL CO
COLONY BAY
COAL CO
COLONY BAY
COAL CO
COLONY BAY
COAL CO
COLONY BAY
COAL CO
COLONY BAY
COAL CO
COLONY BAY
COAL CO
DAKOTA
MINING INC
DAKOTA
MMNGINC
DAKOTA
MINING INC
DAKOTA
MINING INC
DAKOTA
Coal
Underground
Coal
Underground
Other
Other
Prospect
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Haulroad
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal
Underground
Prospect
Prospect
Prospect
Coal
Underground
fnal
D008882
LJ2P43JS
0301298

O302590

P303398




S30Q796

S500192

S5Q0394

SJflOJSJ,

$322711
S001581

S500989




P501100

P503299

P5Q3600
US03196

08/02/1982
06/07/1985
10/13/2000
07/05/1991
02/09/1999
10/01/1996
11/15/2001
03/06/1997
10/18/1993
12/29/1994
04/15/1991
07/29/1976
01/16/1981
01/18/1981
1 1/30/1990
11/22/1996
10/31/1985
02/14/2003
03/16/2000
07/27/1999
12/15/2000
07/29/1997



MOCCASIN HOLLOW
IMPOUNDMENT
CABIN CREEK
HAULROAD
FOURMtLEBR
PROSPECT PERMIT
SAMPLES MINE
EXTENSION
White Oak Extension
FOURMILEFK
SURFACE MINE
HORSE CREEK MINE
ORGAS #3

HAULROAD
SURFACE MINE


(OLD)S-67-83&S-86-
84

STOCKTON MINE
CASEY NO. 3
CASEY NO. 2
PROSPECT
CASEY NO. 4
CASEY #1

Renewed
Phase 1
Released
New
Renewed
New
Renewed
New
Renewed
Renewed
Incremental
Phase I
Release
Renewed
Renewed
Renewed
Renewed
Active
Renewed
Active
New
New
New
New
Renewed

ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL COW.
BASTERK
ASSOCIATED
COAL CORP.
EASTBEN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP,
EASTERN
ASSOCIATED
COAL CORP,
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
RASTKRN
Other
Other
Other
Other
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect



0500686

0500786

0509}86

£01718.1.
E50J20J


ESQUS3.
1521221
KfiliOl
P501700

KOI 802

PAPISMS
PS02201


PS02700

P5029QO


11/28/1983
04/15/1986
04/08/1986
12$0/1986
12/02/1981
03/20/2000

06/03/2003
04/14/2003
04/24/2003
05/10/2000
06/10/2002
08/20/2002
06/26/2001
12/05/2002
08/08/2000
10/02/2000






WINIFREDS 13 AND 14

HARRIS NO. 1
RESERVE AREA
MIDDLE KrrTANNWG
LBWISTONDEEP
MINE
EASTERN
ASSOCIATED CORP.
ROCILICK RESERVE
AREA
ROCKLICK RESERVE
AREA
POWELLTON RESERVE
AREA
EASTERN
ASSOCIATED COAL
CORP
WINIFREDS 16 MINE
ROCKLICK RESERVE
AREA
__ 	 „ 	 . 	
Renewed
Phase 2
Released
Phase 1
Released
Renewed
New
• New
New
New
New
New
New
New
New
New
New
New

MTM/VF Draft PEIS Public Comment Compendium
A-1136
Section A - Citizens

-------
                                                        Page 3 of 18
                                                               Page 5 of 18
EAGLE ENERGY
INC
EAGLE ENERGY
we
EAGLE ENERGY
INC
EAGLE ENERGY
INCX
EAGLE ENERGY
DCX
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP,
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
Other
Other
Coal
Underground
Prospect
Prospect
Coal
Underground
Coal
Underground
Coal
Underground
Haulroad
Haulroad
Other
Other
Other
Other
Other
Other
Other
Other
QojMisa



P5.01.797

P502097

UKB
D004882



H0607QO

QOQ0483



0001383
0002083
0006282
Q00382
0007482

03/29/1983
12/23/1986
02/10/1983
04/24/1997
05/22/1997
09/16/1982
02/12/1982
07/20/1982
08/27/1980
01/26/1993
01/07/1983
01/07/1983
02/02/1982
01/24/1983
01/24/1983
11/08/1982
12/17/1982
12/17/1982




WEST SIDE PROSPECT
n













Inactive
Renewed
Inactive
New
New
Phase 2
Released
Phase 2
Released
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
Phase 1
Released
Renewed
Renewed
Renewed
EASTERN
ASSOCIATED
COAL COW.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
BASTHIN
ASSOCIATED
COAL CORP.
EASTEBN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
Prospect
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal 	 	
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Cosl
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground

S0053S5

S008780


U002083

U007385

UOM382

mum

Up. 15082

0401790
U500497

US00602

USOMtl
11/30/1399
06/12/1985
09/09/1980
02/10/1986
02/09/1983
1-1/12/1985
05/12/1983
12/17/1982
12/17/1982
12/17/1982
12/17/1982
01/15/1980
09/27/1990
05/23/1997
02/14/2003
03/02/1994
PROSPECT




-- 	 -•• -- - -







WINFIFREDE 13A
MINE
WINIFREDS "NO. 16
MINE
WINIFREDS #13
New
Inactive
Renewed
Renewed
Renewed
Inactive
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
Phase 1
Released
Renewed
New
Renewed
MTM/VF Draft PEIS Public Comment Compendium
A-1137
                                                                                                                          Section A - Citizens

-------
                                                       Page 6 of 18
                                                             Page 7 of 18
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL COW.
EASTERN
ASSOCIATED
COAL CORP.
EASTERH
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL COW.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
EASTERN
ASSOCIATED
COAL CORP.
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
5TJT T/* TlTTTvT Cf("* * T
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Haulroad
Other
Other
Other
Prep Plant
Prospect
Prospect
Prospect

USDiSSI

U5fiOJ98
US01386

USOJL®!
U5016Q2


US03S93


US07Q86
D000182

D002182

H055700

Q52M2fi

0504293
05078?!

P047000

PSOOJ95
PJQOJOl


05/18/1999
05/18/1999
06/23/1986
04/05/2002
06/03/2003
09/22/1997
01/20/1995
09/09/1986
09/09/1986
01/06/1982
02/12/1982
10/31/1980
11/04/1996
03/07/1995
05/19/1992
03/25/1980
01/17/1995
04/08/2003
05/19/2003

POWELLTONNO2
POWELLTONNO. 3

WINIFREDS NO. 12
Campbell Creek No. 14
Deep Mine
WMFREDE 15 MINE
BBRNSHAWNO13P
DEEP MINE





BLUE
PENNANT/TWILlaHT
HAULROAD
CHESS PROCESSING
COAL REFUSE



BLK RUN PROSPECT
PROSPECT
u/MfWTKTO TcrrvrfW
New
New
Phase 1
Released
New
New
Renewed
Phase 2
Released
Phase 2
Released
Inactive
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
New
New
New

aK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
ELK RUN COAL

BLK RUN COAL
COMPANY INC
ELK RUN COAL

BIX RUN COAL

ELK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
BLK RUN COAL

ELK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY WC
ELK RUN COAL
COMPANY INC
BLK RUN COAL
COMPANY MC
BLK RUN COAL
COMPANY WC
BLK RUN COAL
COMPANY INC
HJK. RUN COAL
COMPANY INC
BLK RUN COAL
-UMFANY INC
Prospect

Prospect
Prospect

Prospect

Prospect
Prospect

Prospect

Prospect

Prospect
Prospect

Coal Surface
Mute
Coal Surface
Mine
Coal Surface

Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal

P501S97


P502502

P502792


P504096

P504295

E5M91


E5fl512I

S502300


S505792

SS07586
S600687

ssftiiia
SiQMSl

U039700
UMfiaca

U0663QO


U500694

04/09/1997

07/14/1999
01/14/2003

07/01/1992

10/25/1999
09/09/1996

11/13/1995

10/24/1996

11/09/1998
05/10/1999

01/14/2003

06/11/2003
09/01/1994

11/07/1986
05/13/1987

08/0271989
07/28/1987
12/20/1988
03/20/1979
11/26/1980

07/08/1987

01/16/1981
02/09/1995



WHFrEKNIQHlN0.3.
PROJECT
ELK RUN COAL



LAXARB PROSPECT
NO. 2






PROSPECT
LAXARB PROSPECT

BLACK CASTLE

WESTOFSTOLLINGS
EASTOBSTOLLINGS













BLACK BISHOP

New

New
New

New

New
New

New

New

New
New

New

New
Renewed

Renewed
Renewed

Renewed
Renewed
Renewed
Phase 1
Released
Phase 2

Renewed

Renewed
Renewed

MTM/VF Draft PEIS Public Comment Compendium
A-1138
                                                                                                                         Section A - Citizens

-------
                                                        Page 8 of 18
                                                              Page 9 of 18
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
ELK RUN COAL
COMPANY INC
EUROBACOAL
COMPANY INC
HILLSIDE
MINING
COMPANY
HILLSIDE
MINING
COMPANY
HOBET MINING
INC
HOBET MINING
INC
HOBET MINING
INC
HOBET MINING
fNC
HOBET MINING
INC
HOBET MINING
INC
HOBET MINING
INC
HOBET MINING
INC
HOBBT MINING
nsrc
HOBET MINING
INC
HOBET MINING
INC
HOBET MINING
IW
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coai
Underground
Coai
Underground
Coal 	
Underground
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Haulroad
Haulrosd
Other
Other
Prep Plant
Other
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Wine
Coal Surface
Mine
2o&l Surface
Mina

U502200


U503297

USMS2
U506Q91
USMQSZ
UfiftQTJg

S501202

S502600

D001981

H012000


0000681

0501097
E94S501
sojfisoj


50(13882

S010677

S012878


12/01/1998
10/22/2002
06/19/2002
12/05/1997
03/14/1994
02/07/1992
05/13/1987
07/28/1989
os/n/20oo
03/27/2003
07/30/2001
09/14/1981
05/26/1997
06/29/1992
09/03/1981
06/30/1997
05/29/1980
01/25/1983
04/12/1985
02/12/1982
07/18/1977
06/08/1978
09/04/1996
BLACK KNIGHT El
WHITE KNIGHT MINE
BLACK KING I
TWILIGHT WINIFRED
MINE
BISHOP n DEEP MINE
WHITE KNIGHT MINE


EUROPAMINE~"~ '
HighwallMtaeNo. 2
MGHWALL MMBNO.
1




ANCILLARY
FACILITIES






HOBET 21 WEST
TjrnniR taws&rvt
New
New
New
Phase 1
Released
Phase 1
Released
Renewed
Renewed
Renewed
New
New
New
Phase 1
Released
Renewed
Renewed
Renewed
New
Renewed
Renewed
Incremental
Phase 2
Release
Renewed
Renewed
Renewed
Renewed
INC
HOBBT MINING
we
HOBET MINING
DC
HOBET MINING
me
HOBET MINING
INC
HOBET MINING
me
HOBET MINING
INC
HOBET MINING
FNC
HOBET MINING
INC
HOBBT MINING
INC
HOBBT MINING
INC
HOBET MINING
INC
HOLLOW
MOUNTAIN
RESOURCES,
INC.
HOLLOW
MOUNTAIN
RESOURCES,
we.
HOLLOW
MOUNTAIN
RESOURCES,
INC,
HORIZON
RESOURCES,
LLC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
Wine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
MBne
Coal
Underground
Coal 	
Underground
Coal
Underground
Coal
Underground
Other
Haulroad
Prospect
Coal Surface
Vfine
Coai Surface
Mine
Other
Other
Other



S502689



S508088

U500599

U500894
U500901

UM4S5

U503698

H042800
P501803
SS01701


0003484

0501691

OS04091

11/30/1995
03/16/1998
11/09/1989
12/20/2002
10/10/1991
02/16/1989
07/21/1999
09/07/1995
11/13/2002
11/13/1995
09/01/2000
09/19/1979
07/09/2003
08/09/2002
04/07/1»7
08/10/1984
09/19/1991
01/27/1993
PERMIT
NORTH RIDGE
SURFACE MINE
Boone Block Surface

HEWITT CREEK
SURFACE MINE NO.


ALMA NO. 3
CAMP-CREEK DEEP-
MINE
CAMP CRBEK SOUTH
DEEP MINE
SUGARTREE DEEP
MINE
CHELTONNO. 1 MINE

BULL CREEK
PROSPECT
BOONE NORTH NO. 1
SURFACE MINE
COOK MOUNTAIN
MINE




Renewed
Renewed
Phase 2
Released
New
Phase 2
Released
Pha« 2
Released
New
Renewed
New
Phase 2
Released
New
Renewed
New
New
Renewed
Inactive
Renewed
Renewed
MTM/VF Draft PEIS Public Comment Compendium
A-1139
Section A - Citizens

-------
                                                       Page 10 of 18
                                                              Page H of 18
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL^ -•---••
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY WC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY WC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
'rospect
"rospect
•rogpect
'rospect
'rospect
'rospect -
Prospect
Prospect
Prospect
Prospect
Prospect
Coal Surface
Mine
2oal Surface
Vfine
Coal Surface
Mine
Coal Surface
Mine
Coai Surface
Mine
rv,->! &„•*,„.


P500800

P501001

E5JL4Jfi

P501501-

15J2J01
P50260.Q

ES0240J)
KfiM22
PSQ3901

S400800

SS00398




03/16/2000
03/06/2002
03/30/2000
04/11/2001
04/10/2000
06/05/2001
10/17/2002
08/09/2000
09/20/2000
07/15/1999
11/16/2001
05/07/2001
12/20/2002
06/03/1998
06/17/2003
01/12/2001

Independence Prospect
RAMO PROSPECT
INDEPENDENCE COAL
CAZY MOUNTAIN
PROSPECT
BULL CREEK
PROSPECT H
-CAZY MOUNTAIN- -
JUSTICE NO. 1 NORTH
EASTRESER
LAUREL CREEK
PROSPECT
EAGLE SEAM
JAMES CREEK
TWILIGHT
WCCSM PROSPECT
FALCON SURFACE
MINE
Crescent No, 1 Surface
Mine
TWILIGHT II SURFACE
MINE
LAXAREEAST
SURFACE MINE
RAMO SURFACE MINE
TW rr I«HT hfra
New
New
New
New
New
- New • -
New
New
New
New
New
Inactive
New
Renewed
New
New

INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY WC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY WC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY WC
INDEPENDENCE
COAL
COMPANY INC
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coil
Underground
Coal
Underground
Coal
Underground


S502798.
SS03097




U002685


U50Q594

usages

050.U97


U50J2S2


U5fil3g|
0501695
US01887
06/03/2003
12/18/2002
11/19/1997
03/12/199S
07/31/1990
04/23/1985
03/09/1983
02/09/1995
12/17/1999
01/19/1998
08/18/1995
01/19/1998
03/27/2000
11/25/1998
08/18/1995
05/21/1987
LEXBRD SURFACE
MINC
TWILIGHT HI
SURFACE MIKB
RED CEDAR SURFACE
MWENO. 1
WEST CAZY SURFACE
MINE

-- 	 - - 	

BLACK KWG
COALBURGDBEP
MINE NO, 1
JAMES CK WINIFREDS
MWE1
TWILIGHT CfflLTON R
MINE
JAMES CKWrniFREDE
MINE2
JACKS BRANCH
COMPLEX
JUSTICE NO, 1 DEEP
MINE
JACKS BR BUFFALO
CK

New
New
Renewed
Renewed
Renewed
Renewed
Renewed
Renewed
New
Renewed
Renewed
Renewed
New
New
Renewed
Inactive
MTM/VF Draft PEIS Public Comment Compendium
A-1140
                                                                                                                         Section A - Citizens

-------
                                                       Page 12 of 18
                                                              Page 13 of 18
INDEPENDENCE
COAL
COMPANY INC
INDEPENDENCE
COAL
COMPANY INC
JACKS BRANCH
COAL
COMPANY
IACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JACKS BRANCH
COAL
COMPANY
JULIAN TIPPLE,
me
JUPITER COAL
CO INC
JUPITER COAL
CO INC
JUPITER COAL
come
JUPITER COAL
come
JUPITER COAL
come
trwrrTm rnit
Coal
Underground
Coal
Underground
Coat
Underground
Other
Other
Other
Other
Coal Surface
Mine
Coal
Underground
Coal
Underground
Coal
Underg-ound
Coal
Underground
Coal Surface
Mine
Haulroad
Other
Prep Plant
Prospect
Prospect

U507991
US 11486
D010182
0003682

0103212
O004682

000528?



U003085


U05Q900

UOilflfiQ
1073200
HOJimQ
0002682



P500203

P500501


02/18/1993
03/25/1987
08/24/1982
07/16/1982
07/16/1982
08/24/1982
09/07/1982
10/25/1984
05/10/1985
11/22/1978
01/09/1980
01/09/1980
01/18/1981
08/27/1980
06*7/1982
01/18/1981
02/19/2003
03/16/2001

SILVER MAPLE NO. 1
DEEP MINE




- 	 - 	 •










JUPITER COAL
COMPANY, INC.
JUPITER PROSPECT
NO.3

Renewed
Renewed
Renewed
Inactive
Renewed
. Phase 1 ...
Released
Renewed
Phase 1
Released
Renewed
Phase 1
Released
Phase 1
Released
Phase 1
Released
Renewed
Renewed
Renewed
Renewed
New
New

HOTTER COAL
CO INC
JUPITER COAL
come
JOTTER COAL
CO INC
JUPITER COAL
CO INC
KANAWHA
COAL CO
KANAWHA
EAGLE COAL
LLC
KANAWHA
EAGLE COAL
LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Reprocessing
Haulroad
Coal
Underground
Haulroad
Other
Other
Other
Other
Prep Plant
Other
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect


U023083
usflope


H022800

U60108?

0501001


0501399


0502198

0502501




P500900

EIOJ003
E50JJS2
BieijJtt



ES02901
11/28/1983
12QOT983
12/28/1983
04/01/1986
08/04/1983
07/21/1976
06/16/1987
11/22/2002
12/08/1999
0301/2000
07/30/2001
02/23/1999
OS/09/2003
07/08/2003
02/17/2000
02/28/2000
06/10/2003
03/25/1999
03/28/2000
05/10/1999
06/26/2001
01/14/2003
08/01/2001



HAR-MAT#3



FORK CREEK
HAULROAD NO.2
RIVER FORK REFUSE
IMPOUNDMENT
REFUSE DISPOSAL
AREA NO, 2
CHERRY TRBE
HOLLOW REFUSE
PORK CREEK
PREPARATION PLANT
BULL CREEK
PREPARATION PLANT
BULL CREEK REFUSE
FACILITY
CHERRY TREE
HOLLOW
PROSPECT PERMIT
NO. 13
LOUP CREEK NO. 1
PROSPECT PERMIT NO.
9
FORK CREEK MINING
COMPANY
PROSPECT PERMIT NO.
11
PROSPECT PERMIT NO.
22
PORK CREEK
PROSPECTING
PROSPECT NO. 23
Inactive
Renewed
Renewed
Phase 2
Released
Phase 1
Released
Renewed
Renewed
New
New
Inactive
New
Inactive
New
New
New
New
New
New
New
New
New
New
New
MTM/VF Draft PE1S Public Comment Compendium
A-1141
                                                                                                                          Section A - Citizens

-------
                                                       Page 14 of 18
                                                             Page IS of 18
LOADOUT, LLC
LGADOOT.LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOAbOUXLLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, LLC
LOADOUT, IXC
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW CO AL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VOW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Coa! Surface
Mine
Coal Surface
($ne
Cotl Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Haulroad
Haulroad
Haulroad
Coal Surface
Mine
PS03201
P5033Q1
P503700

P503800
P503898
E5J40M
P5042Q1

S001383
SQsasa

Sfiiffiffl


UMSOJ2


Masai
DOQ2JI2

Q2S7JQ

50Q9900

H006600



ffl6222ft

08/14/2001
08/14/2001
08/04/1998
10/17/2000
10/17/2000
09/08/1998
09/21/1998
1 1/16/2001
02/02/1983
06/62/1983
07/18/1977
10/20/1993
11/19/1979
02/23/1999
11/30/1992
10/15/1982
12/18/1981
01/18/1981
05/21/1974
10/31/1978
10/28/1978
01/18/1981
LOCUST FORK
PROSPECT NO. 26
PROSPECT NO, 25
NO. 1(?)
FORK CREEK MINING
COMPANY
FORK CREEK MINING
COMPANY
PROSPECT
FORK CREEK
PROPERTY #7
LOCUST FORK
SURFACE MINE

	 • - - •- • • -

NELLISMINB

FORK CREEK MINE
NO. 1
HAMPTON NO. 46
DEEP MINE






SHOP&
MAINTENANCE AREA
New
New
New
New
New
New
New
New
Phase 1
Released
Phase 1
Released
Phase 1
Released
Renewed
Phase 1
Releaied
Inactive
Renewed
Phase 1
Released
Phase 2
Released
Phase 1
Released
Phase 2
Released
Phase 1
Released
Phase 2
Released
Phase 2
Released
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY —
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
MOUNTAIN
VIEW COAL
COMPANY
OMAR MINING

OMAR MINING
COMPANY
OMAR. MINING
COMPANY
OMARMMNO
COMPANY
OMARMMNG
COMPANY
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMARMMNG
COMPANY
OMAR MINING
COMPANY
OMARMMNG
COMPANY
OMAR MINING
Otter
Other

Other
Coal Surface
Mine
Coal Surface
Mine
Coat Surface
Mine

Coal Surface
Mine
Coal Surface

Coal Surface
Mine
Coal

Coal
Underground
Coal
Underground
Coal
Underground
Haulroad
Haulroad
Other

Other
Prospect

Coal Surface
Vline
Coal Surface
G29M11
0002182


SQ03880
SOJ0283
SMIifi

§012311
S021875

SfiUlM
D002282


IQflSJfifi

H0212QQ

O501992

Q5JS5JI
E50JM2

SQfiZQZfi

01/24/1983
05/20/1982

01/18/1981
05/05/1980
12/14/1983
10/14/1980

11/23/1977
09/23/1975

09/22/1987
02/12/1982

01/18/1981
01/18/1981
01/18/1981
04/09/1976
04/02/1979
03/22/1994

03/13/1989
03/13/1997

01/09/1976












COT 30







CHESTERFIELD






Renewed
Inactive

Phase 1
Released
Phase 1
Released
Phase 1
Released
Renewed

Phase 1
Released
Phase 1

Renewed
Renewed

Phase!
Released
Phase 1
Released
Phase 1
Released
Renewed
Renewed
Renewed

Renewed
New

Renewed
A /**!*»>
MTM/VF Draft PEIS Public Comment Compendium
A-1142
Section A - Citizens

-------
                                                       Page 16 of 18
                                                              Pago 17 of 18
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMAR MINING
COMPANY
OMARMMNG
COMPANY
OMAR MINING
COMPANY
OMARMMNG
COMPANY
OMAR MINING
COMPANY
OMARMMNG
COMPANY
OMAR MINING
COMPANY
PANTHER COAL
CO
PEACHTREE
RIDGE MINING
COMPANY INC
PEACHTREE
RIDGE MINING
COMPANY INC
PEACHTRHB
RIDGE MINING
COMPANY INC
PEACHTREE
RIDGE MINING
COMPANY INC
PEACHTREE
RIDGB MINING
COMPANY INC
PERFORMANCE
COAL
COMPANY
PERFORMANCE
COAL
COMPANY
PERFORMANCE
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground
Prospect
Other
Other
Coa!
Underground
Coal
Underground
Coal
ttaderground
Prospect
?rospect
fViol C.il-^a^o

Mlfififl2
UQMflfl
U04030Q


U500987

USOJ291
MUiffl

usami
SI502291

US04390
U505589

P301697

Q2Q0.6J2
OJQ222fi


UMTSfi
LISOJM

P300102
mmi

11/25/1985
06/13/197?
11/15/1977
04/06/1979
05/13/1997
04/07/1987
09/18/1991
05/14/1993
11/16/1995
10/10/1991
03/29/1991
12/01/1989
06/11/1997
02/03/1982
11/26/1990
03/06/1986
10/31/1990
Q4&8/1994
02/15/2002
06/08/2001





PIN OAK MINE


SCOTCH PINE NO. 1
DEEP MINE
WHITE OAK DEEP
MINE



PROSPECT




CLINTON NO. 8
Upper Big Branch No. 2
Prospee
Upper Big Branch
Prospect
OTJTBV TtrOlV «TBE4rR
Inactive
New
Inactive
Phase 1
Released
Renewed
Phase 1
Released
Renewed
Renewed
Inactive
Renewed
Phase 2
Released
Phase 1
Released
New
Phase 1
Released
Renewed
Phase 1
Released
Phase 2
Released
Phase!
Released
New
New

PERFORMANCE
COAL
COMPANY
PERFORMANCE
COAL
COMPANY
PERFORMANCE
COAL
COMPANY
PERFORMANCE
COAL
COMPANY
PINE RIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE ~
COAL CO
PINE RIDGB
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PMBRB5GE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
PINE RIDGE
COAL CO
PINERIDGE
COAL CO
PINERIDGE
COAL CO
DTMI7 Dtrw"2t3
Coal Surface
Mine
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coa!
Underground
Coal
Underground
Coal 	
Underground
Coal
Underground
Haulroad
Haulroad
Other
Other
Other
Other
Prospect
Coal Surface
Mine
Coal Surface
Mine
Coal
Underground
Coal
Underground
Coal
Undeiground
Coal
Underground
\f*n*1


S014479

S014779

U500488

QOM3J2

D006582

D009182


H00QS50

HQ00800

0001483

OQ02882

QQQ6983
QQ07682
P502400

S502995

SSM3J2

US002QQ

US010QO

IfiOJIgl

12/04/1984
12/10/1979
12/10/1979
04/05/1988
04/16/1982
06/17/1982
08/02/1982
08/02/1982
08/04/1993
04/19/1993
01/24/1983
06717/1982
05/17/1983
12/17/1982
07/25/2000
03/04/1996
12/12/1989
01/07/1983
05/03/2000
06/02/2000
03/18/1998





FILED WITH U-6010-88
FILED WITH U-6010-88


FILEW/U-6010-88
FILED W/U-6010-88
PILED WITH U-6010-88
FILED WITH U-6010-88
FILED WITH U-6010-88
FILED WITH U-6010-88
LEWISTONDEEP
MINE
WILLIAMS MT
SURFACE MINE
FILED WITH U-6010-88
FILED WITH U-6010-88
WBOflES BRANCH
DEEP MINE
LEWISTONDEEP
MINE
LOGAN FORK DEEP
MINE

Phase 2
Released
Phase 2
Released
Phase 2
Released
Inactive
Phase 1
Released
Phase 1
Released
Phase 1
Released
Phase 1
Released
Renewed
Inactive
Renewed
Renewed
Renewed
Renewed
New
Active
Renewed
Renewed
New
New
Renewed

MTM/VF Draft PEIS Public Comment Compendium
A-1143
                                                                                                                          Section A - Citizens

-------
                                                      Page 18 of 18
COAL CO
PIKE RIDGE
COAL CO
PINNACLE
ROCK COAL
CORP
PRITCHARD
MMNGCOINC
PRITCHARD
MMNGCOINC
REMINOTOM
COAL CO INC
REMINGTON
COAL CO INC
REMINGTON
QDALjCDJNC..
REMINGTON
COAL CO INC
RIVERS EDGE
MOWING, INC,
WILDCAT COAL
COMPANY INC
WILDCAT COAL
COMPANY INC
WBSfDRTVBR
RESOURCES
CORP
WINDRIVBR
RESOURCES
CORP
WIND RIVER
RESOURCES
CORP
WIND RIVER
RESOURCES
CORP
WIND RIVER
RESOURCES
CORP
WINDRIVBR
RESOURCES
CORP
WIND RIVER
RESOURCES
CORP
Underground
Coal
Uttdeqjroand
Other
Prospect
Prospect
Prospect
Prospect
Prospect
Prospect
Coal
Underground
Prospect
Prospect
Coat Surface
Mine
Coal Surface
Mine
Coal Surface
kfine
Coal
Underground
Coal
Underground
Coal
Underground
Coal
Underground




PifilJlS
P3018GO

PJ01M

P30200J

£3ffifl2S

US02700

P301901

P3025QO

SSJQ3S2
S504888


US04387
U504992



U5100W


05/23/1988
05/21/1986
D7AJ2/1999
10QO/2000
06/16/1999
10/03/2000
10*5/2001
12/30/1998
04/27/2001
08/02/2001
02S3/2001
03/07/1988
10/20/1988
11/06/1989
10/20/1987
11/10/1992
03/04/1987
16

OWOTRSHtt/CONTROL
CHANGE ONLY
Bull Creek Prospect
Bull Creek Prospect 2
LaPollette Prospect
Shonk Land H Prospect
Joes Creek ffl Prospect
foe's Creek Prospect
Permit
RIVERS EDGE MINE
Iocs Creek II Prospect
Joe's Creek Prospect




HAMPTON NO, 44
MINE


Renewed
Phase 2
Released
New
New
New
New
New
New
New
New
New
Phase 1
Released
Phase 1
Released
Phase 1
Released
Phase 1
Released
Renewed
Phase 1
Released

MTM/VF Draft PEIS Public Comment Compendium
A-1144
Section A - Citizens

-------
                                                                                                                                                              Denis Newbold
                                                                                                     -— Forwarded by D«vid Rider/R3/USEPA/US on 01/08/2004 01:40 PM -—

                                                                                                                Denis Newbold
                                                                                                                          cc:
                                                                                                                              Subject:  Comments on Mountaintop Mining Valley Fill
                                                                                                     DEIS
                                                                                                                01/06/200411:43
                                                                                                                PM
                                                                                                                Please respond to
                                                                                                                newbold
                                                                                                    John Forren,
                                                                                                    U.S, EPA (3EA30)
                                                                                                    1650 Arch Street
                                                                                                    Philadelphia, PA 19103,

                                                                                                    Comments regarding Draft Environmental Impact Statement on Mounttuntop
                                                                                                    Mining/Valley Fills
                                                                                                     My comments center on the absence in the Draft Environmental Impact
                                                                                                     Statement (DEIS) of a focused consideration of the effects on downstream
                                                                                                     ecosystems of cumulative removal of significant numbers of head-water
                                                                                                     steams
                                                                                                     from a drainage basin. Both the body of the DEIS and the Appendices
                                                                                                     repeatedly raise the issue and provide sufficient information to
                                                                                                     establish
                                                                                                     it as a major conceal. Yet there is no systematic evaluation. Nor are
                                                                                                     the
                                                                                                     various concerns that are raised carried through to either the Executive
                                                                                                     Summary or to the recommendation and evalutaitoin of alternatJTCs. In rny
                                                                                                     view, the failure to consider downstream ecosystem impacts represents a
                                                                                                     major omission. The issue is admittedly difficult, in part because the
                                                                                                     impact of removing a single stream on a larger downstream receiving body
                                                                                    9-3-2
MTM/VF Draft PEIS Public Comment Compendium
A-1145
Section A - Citizens

-------
             may
             be small and difficult to measure. Yet the practice of Mountairttop
             removal
             involves the potential loss of many headwater streams, with a
             concomitant
             potential for large downstream impacts.  And it is precisely this sort
             of
             question that the EIS should address.

             Hie potential importance of headwater streams to downstream ecos¥stems
             is
             recognized in Chapter 111 where it is noted that small streams "play a
             pivotal role in lode ecosystems" and, among other things, "are the main
             conduit for export of water, nutrients, and organic matter to downstream
             areas." (DEIS p. III.C-11). Also, (citing Doppelt et al., 1993),
              Intermittent and ephemeral headwater streams are, therefore, often
             largely
             responsible for maintaining the quality of downstream riverine processes
             and
             habitat for considerable distances," (DEIS p. III.-12). Chapter 4
             further
             discusses the role of headwater streams in exporting food energy to
             downstream ecosystems (DEIS p, IV B-2), and points out that: "Filling
             would
             eliminate all aqtiatic and aquatic-dependant interactions that would
             formerly
             haxre occurred in the filled area. In areas downstream from fills,
             changes in
             the macroinvertebrate and fish communities have been observed (USfiPA,
             2«)0;
             Stauffet and Ferreri, 2002). Any change in community composition may
             impact
             the biotic interactions but these interactions were not studied as part
             of
             this EIS because they are often difficult to demonstrate." (DEIS
             TV.D-4). It
             further goes on to conclude that : '"The permanent nature of filling
             would
             suggest that MTM/VF impacts to biotic  interactions in headwater stream
             systems, including interactions linking terrestrial biota to the aquatic
             environment, may constitute a irreversible impact to this system in the
9-3-4
study atea." (DEIS IY.D).

More detailed discussions of the importance of headwater streams to
downstream ecosystems and the potential consequences of their
elimination
appear in Appendix D ("The Value of Headwater Streams: Results of a
Workshop", in which I was a participant), and Appendix I ("Cumulative
Impact
Study"). One of the major points that emerges from the the Headwater
Streams
Workshop is that aquatic scientists have relatively extensive knowledge
and
a good understanding of die relationship between headwater and
downstream
ecosystems. Although quantitative specific estimates of downstream
impacts
are not available in the literature, and would require significant
effort to
develop, these are not questions that, are out of reach or can be
legitimately dismissed for lack of documentation. The Headwater Streams
Workshop should have provided the basis for farther inquiry in the
development of the DEIS, but was, it seems, used as a substitute for the
in-depth, comprehensive review and  analysis that this  question deserves.

Tile Cumulative Impact Stxidy (Appendix I), by its very name, should have
addressed the potential impact on downstream ecosystems. Yet,
inexplicably,
the introduction to this study states: "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 metrics likely underestimates total impacts to streams." (p.
«ii).
Despite this disclaimer., the study does note that downstream ecosystems
depend on upstream ecosystems for portions of their energy flow (App I,
P-
7), and warns of a potentially cascading series of do wnstrearn impacts
(App.
I, pp. 70-71).
9-3-4
MTM/VF Draft PEIS Public Comment Compendium
         A-1146
                                                        Section A - Citizens

-------
                                                                                                                                                                     Mike Newell
          Despite these acknowledgments of potential impacts, thete is nowkete in
          the
          DEIS a serious attempt to assess ot quantify diem. It: does not seem
          justifiable to cite the difficulty of the problem as a reason to dismiss
          it.
          I strongly urge that the DEIS be revised to include a substantive
          analysis
          of the potential for cumulative downstream impacts, and that, the
          information
          that is available on these be given  reasonable consideration in the
          summaries and evaluations. Finally, to the extent that definitive
          evaluation
          remains lacking, the prudent policy would seem to call for more vigorous
          protections of headwater streams.

          Sincerely
          Denis Newbold
          Denis Newbold
          Research Scientist
          Stroud Water Research Center
          970 Spencer Road
          AvondalePA 19311
          newbold@stroudcenter.org
9-3-4
                                                                                                   1-10
MTM/VF Draft PE1S Public Comment Compendium
          A-1147
                                                                                                                                                              Section A - Citizens

-------
BradNewsham
                                                                                                                                                               Duane Nichols
          — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM	

                       0ewsham@earth.Iink
                       .net            To:     R3 Mounta»top@EPA
                                     cc:
                       12/19/200302:12      Subject:  Comments on draft ptogrammatic
          EIS on mountaintop removal coal milling
                       AM
          Mr. John Forren
          U.S."EPA(3I±A30)
          1650 Arch Street
          Philadelphia, PA 19103

          Dear Mr. Forren,

          Fellas,

          This is where you're gonna lose us the election.
          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 amazingly stupid!
                                                       1-9
          Sin
cly,
          Brad Newsham
          4426 Pleasant Valley Court S.
          Oakland, California 94611
                                                                                               — Forwarded by David Ridet/RMJSEPA/US on 01/09/2004 03:54 PM	

                                                                                                          Duaue330@aol .com
                                                                                                                      To:    R3 Mountaintop@EPA
                                                                                                          01/06/200401:44     cc:
                                                                                                          PM           Subject: Comment On Mountaintop Mining EIS

                                                                                               To: U.S. EPA, Region 3
                                                                                               From: Duane G. Nichols
                                                                                               Date: January 6, 2004
                                                                                               Re: EIS on Mountaintop Mining In Appalachia
This letter of protest requests that all the streams of Appalachia be
protected from the effects of mining, especially from the valley fill
techniques associated with mountaintop removal mining.  No fill should
occur closer than 100 feet from any stream, otherwise these natural
streams will be damaged forever after.

Consider the amount of acreage affected by mining. Here is a summary of
a recent article from ihe Charleston Gazette, the most authoritative
newspaper in all of West Virginia:

November 04, 2003 Strip-mined acreage up again in W.Va, West Virginia
coal operators continue to strip mine more acres than they reclaim,
according to a federal Office of Surface Mining report issued Monday. In
its annual review of West Virginia's strip mining regulatory program,
OSM said that 2%,300 acres — an area nearly the size of Boone County —
is currently disturbed by mining, [Charleston Gazette, Charleston, WV).

I am a land owner in West Virginia and protest, the incredibly bad
situation currently existing; and, strongly request that the situation
be reversed a.s.a.p. Please update the current EIS or start over and
generate plans that will ttuely protect these mountains, these lulls,
these valleys and all the streams.

Duane G. Nichols
330 Dream Catcher Circle
Morgantown, WV 26508
                                                                                                                                                               5-7-2
1-5
          Senator Barbara Boxer
          Representative Barbara Lee
          Senator Dianne Feittsf.em
MTM/VF Draft PEIS Public Comment Compendium
                                                                            A-1148
                                                           Section A - Citizens

-------
Karl Norton
                                                                                                                                          Jason O'Brian
              REC'D  DECS 1'
                   Mr. John Forrest
                   U.S.BPA(3EA30)
                   1650 Arch Street
94 Thornton R«d
Bajgor, Maine 04401-3336
December 29,2003
                          . Foiren:

                         1 wiite to protest the draft Hnviroyamerilai Impact Statement for mountaintop
                   removal nantag. It is my utuleistanding that this draft EIS allows the amiraua&n of
                   curreal practices which severe!^ damage or destroy ixmoti wMIfe habKst, fill streams
                   with rocks, dirt, sod debri^ aad actually force human tvtmmimMRg n^rt ^f ffysjy fomME«  la
                   my view, such destniction is untb'nkabte and unconscionable, acd it should be illegal. It
                                       1-9
                   for profits.

                         I thtak that all the federal and state agenda involved should head straight back to
                   the drawing boards and come up v.Ttli a draft proposal that treats tie earth, all of its
                   hiiman inhabilarits, and its w-ikilife with kindness, decency, and respect. We humans
                   must strongly limit our isanense capacity ibr destruction of tlas natural world, or we wM
                   doom ourselves.
                                                     Yours sincerefe

                                                               K
                                                     Dr. Karl K. Norton
	Forwarded by David Rider/RMJSEPA/US on 01/09/2004 02:49 PM	

            jasonSS 15@bellsou
            th.net           To:    83 Mountaintop@BPA
                          cc:
            01/02/2004 11:59     Subject: Dont fill our streams with waste materials
            AM

Dear Mr. John Forren EPA,

It is unconscionable tligt the Busk administration plans to continue to let coal companies destroy
Appalachia with mining practices tJiat level mountaintops, wipe out forests and bury streams in
the valleys below, Mountaintop removal mining and valley fills should not be allowed attd
the laws and regulations that protect clean water must not be weakened. In particular, 1 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.

Tell me what luxury 1 have to give up to stop this and I will find a way for all of us to do it, I
promise.  If we can figure out how to fly into outer space, put a PC on every desk and do surgery
in utero, then we can certainly find a way to stop tearing apart the planet to accommodate energy
and transportation. I know we're capable of developing the technologies needed, and making
them affordable, to completely replace our dependency on fossil fuels.

I also know it's a money matter that's holding us back... it always is. But the earth is the most
precious thing we have the responsibility of protecting.  It's more important than any animal,
human, or amount of money.  Without it in good working order, we don't exist; or we do and
we're miserable (see the movie Blade Runner).  If you haven't noticed, the beautiftil places in this
country are declining daily. Each day we givs up mote and more land to haphazard
development. We can't afford to continue at this pace. People are going to have to learn to live
in new ways. It. is an outrage to me that it is even a consideration up for approval to decide
wetther we should continue mining in certain areas or not.

The law should stole plainly "If it hurts the environment in anyway, shape or form, it is NOT an
option. Find another way to make your money,  make your house warm, or make your car go.1'
end of discussion! There needs to be zero tolerance for irrepairable use of tne earth's resources.
And by the way, these things are  not "resources" for us to take. They »re the earth's resources;
tilings IT needs to continue functioning properly. God did not put them here for us and our
stupid cars.  Frn not sure why the oil is there, but I know it's there for a reason and we probably
shouldn't u*e all of it.

How could anyone ever sit back and decide that SUVs are more important  than the marine eco-
systems where oil drilling takes place, or tkrt coal is more important than million year old
mountains and  streams? Humans need to realize that our arrogant refusal to live in harmony
with nature makes us a virus, spreading across and taking up every last square inch of earth until
there is none and we are left fighting one aaother like dogs over the last scraps of a meal.
                                                                                                                                                      1-9

                                                                                                                                                      1-10
MTM/VF Draft PE1S Public Comment Compendium
                                               A-1149
                                                                      Section A - Citizens

-------
                                                                                                                                                                      Mary O'Brien
            Tell Busli he needs to see the big picture. Me is a bad leader if lie compromises the environment
            for any amount of money, plain and simple. If Ite wants my vote next term, make tiome changes.
            Otherwise forget it.  I'll become President someday under the guise of making everyone richer
            and do this myself.  I've had it! We are a wasteful people and will SOOB realise this, one way or
            another.

            Sincerely,

            Jason O'Brian
            2801 NW 23rd Blvd Apt C24
            Gainesville, FL 32605-5911
            Mary        O'Brien
            Date:  1/06/2004
            City:. 'Eugene       State:
OR    Zip:   97408-7.167
                                                                                                    Your May 29; 2003 Draft Environmental BIS on rnatiBtaintop mining and -valley fills
                                                                                                    failed; to consider "all reasonable alternatives" because it did not examine an alternative
                                                                                                    that would minimize environmental impacts,; This makes illegal, your choice of aa
                                                                                                    alternative that would INCREASE the damage from mountaintop mining, You-.need to
                                                                                                    write a new Draft EIS that examines all reasonable alternatives,
                                                                                                    Mary O'Brien
                                                                                            1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1150
                                                                                                                                                                 Section A - Citizens

-------
Sandra O'Hara
                                                                             Peggy O'Kane
  Delivered Date: 01/03/2004 01:00:52 PM

  It is constantly ^Mazing asd truly nauseating to read.about, this topic and
  be invited to give my comments on this subject after over 30 years, That is
  30 years of destruction. What do you want to 'know-, exactly? How I feel about
  it? What MY sdentific proof is?  Neither matter, not now and not in the
  past.

  Here is the real issue; Mountains and streajtns are beittg destroyedin West
  Virginia which do not belong to the destroyers, ISFordo the mountains and
  streams belong to the; regulators.  I am sure ttod.is not;impressed by the
  governrnenfs legalization efforts and His Word rsays all His creation is
  precious to Hirm

  That is the real issue. Now that YOU know the real issue, the Correct Thing
  To Do Is To STOP Destroying Earth and START PRESERVING THE EARTH of
  WEST
  VIRGINIA.
1-9
                                                                                             — Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM -—

                                                                                                         "pokane@midmaine.
                            com" 
-------
Ethel Oldham
                                                                                              Russell Oliver
DEC 18 2KB

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MTMA/F Draft PEIS Public Comment Compendium
                                     A-1152
Section A - Citizens

-------
Steven Olshewsky
                                                                                  Tony Oppegard
                                       *   TX    77a7i-
                                                                                                                                      HELP STOP MOUNfj
                                                                                                                                      and the destruction
                                                                       -vrf/^7 c1
                                                                        vf •  '0
                                                                      onab.KEPA''"" '
                                                                                        1-9
                                    Janmry », 2004 Is (to da«ii» tor
                                    ptopoart to do «»ay with « 2fl-y»-old "taffcr zona* rule the! prottcte
                                    slrenms from th> Impacts of coal mining. Prasldont Bush also wants to
                                    mato Jt MDor for eoat eompartM to go own* tor mountalntoi) removal
                                    Eind vaRay ftils — th@ most Metotiy destructive mining method GVST .

                                    MESSAGE: 1 opposo mountaliitop ramoml and valley (life and any
                                    change In !ha buffer 20110 rule, I'm dissppcirtod End angry that the
                                    fcd»ral jowrmtwnt Isnered Its own iWlit when It pro[X»*d vwttonlns,
                                    n*»r tban »twnstl»niin, prot««loni tor people ««J the «rtvlronn»nt."
          1-10
                                                                                                                                 SEND "TO;
                                                                                                                                           Jttmftmn
                                                                                                                                           U,$,Sf>A 06890)
                                                                                                                                           1850 Art Street
                                                              REC'DBEC2S;
                                                                                                                                 For mo® InferrfMtlan: www.kftc.or§/ie«ori_BS .hinu or 808-M9-4WO

                                                                                                                                 i       iH.m.lMnJHIuHlll.MlJiln.M'HlljuUKl.l,„!,!,(
MTM/VF Draft PEIS Public Comment Compendium
A-1153
Section A - Citizens

-------
Marilyn Ortt
701 Delegate                                                     Mi « , „,.
Marietta, OH 4S7SQ                                                     * *&
17 July 2003

Mr. John Fotran, US EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103

I am writing to comment on Mountalniop Removal as a means of mineral extraction. I cannot
conceive of a more destructive, ignorant, selfish act.

Mineral extraction by the cheapest means for our use with total disregard of the condition of the
earth we are leaving for future generations should not even be considered Just for this reason.

But, of course, it only benefits a few in this generation - for the rest of us mountalntop removal
destroys streams, habitats, families, culture, causes flooding and sediment load in streams and
rivers downstream -1 could elaborate for pages but that should not be necessary.

It Is the responsibility of the USEPA to protect the environment.  This Is about as basic as It gets.
I urge the USEPA to deny all future attempts to cany out this horrible activity.

Sincerely,
                                                                                     1-9
       Mariiyn Ortt
                                                                                                              Forwarded by David  Kid-er/RS/USEPA/US on Gl/23/2004  09:38 AM —-—
                                                                                                              Mou n ta i ntop@ EPA
                                                                                                                                     Karilyn Crtt
                                                                                                                                     L
                that sounds) should b-e  halted ifiTmediately*
                Save SOMETHING for the  future - that is ou
                organiams,  We would net be surprised if a
uds, irresponsible  treatment
  of.
f this earth where  future
to have a good  stand,arct of
  destruction of  valleys,
tat:  (ana of wildlife itself)
  futurs.  These  axe not

ts to a culture that
    of earlier  <3@fierat.ions
erations to say nothing of
ions of years to  develop.
valley-fills  (how innocuous

 responsibility as  thinking

-------
Clark Orwick
                                                                                    Amanda 0'Shea
           —- Forwarded by David Ridet/R3/USEPA/US on 01/07/2004 03:32 PM	

                        "clarkorwick@eart
                        hlink.net"         To:    R3 Mountaintop@EPA
                        
             cc:
01/02/200405:09     Subject: Comments on draft E1S OB mountaintop removal
               mining
                          PM
               January 2,2004
               Mr. John Forren
               U.S. Environmental Protection Agency
               1650 Arch Street
               Philadelphia, PA 19103

               Dear John Forren,

               I am upset, to learn that the Bush administration plans to continue to let coal companies destroy
               Appaltchia with mining practices that level mountaintops, wipe out forests, bury streams, and
               destroy communities.

               1 grew up in southwestern Pennsyvania; moved far away as a teenager. For many years, 1 took
               solace in difficult times in the memory of one particular place that I spent my time as a child. I
               used to walk along a country road, a few miles from our home, until I reached a pasture with
               horses and turned on a dirt road. From there, across a stream and
               up a big hill, and here I spent many happy, peaceful days.  It was a beautiful country—clear, pure
               water and old, healthy tees. The owner had installed trash cans for the people who used it, so I
               guess there were many of us, but it was such a quiet place. It was a spot a growing girl could
               experience solitude a«d learn about the wonders of nature. In rny years of travelling, 1 thought
               often of this place, and longed for the day I could return to its tranquility.

               One day I went back. My parents were gone by now, but our house is stiil there.  Many
               memories, but I couldn't wait to drive over to my spot in the woods; those woods were what my
               heart sought. Driving along thai old toad, everything looked the same, and  I began to feel that
               same peace wash over me. Some things never change, 1 thought. I
               rounded the last bend, to where I knew my turn was to the dirt road, and stopped short.

               I §at there, right in the middle of that twisty country road, fora long time. It was gone. Just
               gone.  Where I had expected to see the old hill and trees and wilderness, now I saw a huge,
               gradually sloping mound of mud. There were some tree slumps left, the larger ones, and lots of
               tire tracks. Some big trucks sitting idle. I hate to think what had happened  to the stream, and
               how much debris had been washed away before it was buried completely.  The horses were still
               there, different ones now, of course, but somehow they looked so much more forelom with that
               scene of destruction behind them than they had when it was a pretty, natural setting.
                                                                                                                                                                                                 10-6-2
MTM/VF Draft PEIS Public Comment Compendium
A-1155
                                                       Section A - Citizens

-------
                                                                                                                                                                                           JimOttaviani
    I had never seen anything like it, I hsd read, not too long before, an article about "mowttaialop
    removal", and hadn't paid much mind to it at the time. Now, however, I was seeing firsthand
    what it meant to destroy an entire mountain, and all its diverse ecosystem. It was one of the
    worst feelings of my life, to come around the bend on that old country road and find that it was
    just gone, all gone. For some fleeting profit It made me wonder if those of us who enjoyed that
    area would rather have paid, together, for a more environment-preserving way of mining it, if it
    had to be done.  I still hold memories of that place dear, and regret its tragic destruction. If only
    there were some way to gauge the true impact of this short-sighted practice on the surrounding
    environment and community, I feel sure that it would be discontinued.

    According to the administration's draft Environmental Impact Statement(ElS) on mountaintop
    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 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 on the
    region's natural resources for themselves and fttture generations.

    The Bush administration's "preferred alternative" for addressing the 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 mountainlop 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 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 facts, I urge you to consider alternatives that reduce the environmental impacts
    of mountaintop removal. Some other way to get valuable materials from the ground can be
    found, one that costs more in the short-term., perhaps, but preserves the beauty and value of
    natural places for our and future generations. Thank you for your consideration of this important
    issue.

    Sincerely,

    Amanda O'Shea
    1732 Fowler Street, Apt. 0
    Fort Myers, PL 33901
    USA
1-5
— Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM	

              "jim.ottaviani@um
              ich.edu"          To:    R3 Mountaktrop@EPA
              
-------
Judy Otto
                                                                                                    Jon Owens
      Hcun ta t ntG-p@EPA
                                                                                                                    Jon Owens
                                                                                                                                                 To:   R3 Mounts irtop^p-PA
                                                                                                                              )nk.net>        cc:
                                                                                                                                          Subject: Mourrtaintop Mining
                                                                                                                              11/15/200309:12
                                                                                                                              PM
                                                      Subject:   EVd:  failure
       Dear Mr.  Forcer,;  Mour.taintop mining is ruining Appalachia.  It is
       devsst-af i ng  our  nature 1  h-at it. a as,  destroying our potentia.1  for future
       economic  y toH'lh  iri  tour ism/  and depopul a ting our cortuiiUnities.  la the
       laat year, West  Virginia has experienced fc-ur episodes of
       unprecedent ed,
       disastrous flood3 which  have cost  the people,  insurers,  the state and
       national  govenoent  mi Ilions,  if not billions,  in short—terns relief.  As
       a
       coriscxvationisi  who understands watsrsheds,  I know,  as does EPA* that
       these  floGsjs are a  direct  ie;?ult of cur failure to respect the laws or"
       nature in our  development. Mountaintop mining, while net the only cause
       of  thftae  floods,  Is nhe  major cau.se,  We are  destroying our people, our
       1ivelihcod,  and  our resources lor  an  energy  souice that is now
       afasolete.
       Any act i on by  r.he governmert to fa oil i tate ino'-Jrt tain Cop mi n't nans,  WV 251V?
       Phone  304-7^7-74^;
       e-mail jbctto2003§yahoo.COM}
1-9
1-10
                                                                                                                    November 15. 2003

                                                                                                                    John Forren, Environmental Protection Agency
                                                                                                                    U.S. EPA (3EA30)
                                                                                                                    1650 Arch Street
                                                                                                                    Philadelphia, PA 19103
Dear Mr. Forren,

I am writing to request your opposition any changes that would weaken
the laws
and regulations regarding mountalntop mining and valley fills.

Keeping in rnind the purpose and intent of the Environmental Protection
Agency,
please act to protect the environment
                                 Sincerely,

                                 Jon Ovens
                                 508 Walton a.
                                 Lemoyne, PA 17043-2021
                                 USA
                                                                                             1-10
MTM/VF Draft PEIS Public Comment Compendium
           A-1157
                                                         Section A - Citizens

-------
AletaPahl
                                                                                                                          Lori Parsley
          KtETAPAHL
          14 Miller Road,  Apt 203,  Rhinebeck,NY 12572
845-876-5783
                                                                      Jamiay 13,2004
          John Fon-en
          US EPA (31A30)
          1650 Arch Street
          Philadelphia, PA 19103
          Re: Mountain Top Mining
          Dear Fotren:

          I oppose the Bush administration plans to continue the devastating and permanent
          effects of mountatntep mining.

          It has been shown over and over that this practice is the worst option you could choose
          and has no regard for the environments below the mining area,

          What kind of precedence does this make, to overrule all scientific and humane advice
          in order to push through mining at any cost?

          This has to be stopped.

          Staeerely,
                1-9
                      7  cL
          AletaPahl
—- Forwarded by David Rider/113/USEPA/US on 01/09/2004 02:51 PM -- —

            Lori Parsley
            < k>ri_pafslcy@hot     To;    R3 Mounteintor>@EPA
            jmad.com>         ec:
                          Subject: Comments on draft HIS on rnountaintop removal
            01/04/200401:50
            PM
January 4, 2004

Mr. John Forren
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19503

Dear John Forren,,

I have first-hand experience of mountairttop removal mining and its
impact on communities, people, and the environment I hare been often to
Martin County, KY to visit my femily and have seen the devastation
caused by this form of mining* Tim practice, and the entire history of
mining in Appalaehia, is an enormous human tragedy* Only people of
humble circumstances and limited incomes ace subjected to these types of
destructive, greed-based tactics—in our country and around the world.
If you are in a position to do something to stop it, it is in the
long^-term best interest of people and the knd that YOU do.  My heart is
with the people and the land there. I really do not comprehend how
humans can subject other humans to these types of practices, or how
humans can subject die land that sustains and nourishes them to this
type of abuse. Have you seen first-hand the impact of these practices?
If so, I do not understand how you could even consider allowing it to
continue. This type of mining is a tragically short-sighted solution to
a long-term problem. It is really way past time to seek saner
alternatives. I truly cannot urge you enough to understand the
catastrophic kiss caused by this form, of mining. Please do all you can
to stop it.

I am upset to learn that the Bush administration plans to continue to
let coaj companies destroy Appalftchia with mining practices that level
mourttaintops, wipe out forests, bury streams, and destroy communities-

According to the. administration's draft Environmental Impact
Statement.(BT5) on mountaintop removal coal ruining, the environmental
effects of mountatntDp removal are widespread, devastating and
permanent. Yet the draft EIS proposes no restrictions on the sisie of
vaile}' fills that bury streams, no  limits on the number of acres of
forest that can be destroyed, no protections for imperiled wildlife, and
                                                                                                                                                                                              1-9
MTM/VF Draft PEIS Public Comment Compendium
                             A-1158
                                                                                                                                                                                       Section A - Citizens

-------
                                                                                                                                                                                             LynnPartington
              no safeguards tor the communities of people that depend on the region's
              rmtwral resources for themselves and fotace generations,

              Tlit* Bush administration's "preferred alternative" for addressing the
              problems caused by mountemtop removal coal mining is to weaken existing
              environmental protections. This ''preferred alternative" ignores the
              administration's own studies detailing the devastation caused by
              mountamtop removal coal mining, including^

              - over 1200 miles of streams have been damaged or destroyed by
              moanf$intop remove!;

              - forest losses in West Virginia have the potential of directly
              impacting as many as 244 vertebrate wildlife species;

              - Without new limits on m-oimtaintop removal, an additional 350 square
              miles of mountains, streams, and forests will be flattened and destroYed
              by mountamtop removal mining.

              In light ot these facts, I urge you to consider alternatives that reduce
              the environmental impacts of mountaintop removal. Thank vou
              for your consideration of this important issue.

              Sincerely,

              Lori Parsley
              ft/a
              Columbus, OH
              USA
1-10
United States Army Corps of Engineers

Comments: Valley FBI Environmental Impact Statement

       It appears that most of the Special Interest groups with a goal of

banning/restricting Mountain Top Removal Mining or other types of surface mining are

living in a world with blinders. It would be wonderflil to have unlimited supplies of

perfectly clean, non-environmentally impacting energy,  I'm a major supporter.

Unfortunately there is no free lunch. The energy supply of the United States has a

foundation in mining whether it be coal or nuclear and it will be that way for I'm sure the

remainder of my lifetime. The laws regulating these base industries have to both protect

the environment in which we live and at the same time allow the extraction of the

resources necessary to fuel our energy needs.

       At the heart of all coal mining in the mountains of Kentucky, West Virginia,

Virginia, and Tennessee is the requirement to place excess overburden (rock and dirt) in

order to gain access to the resource.  As noted, it is not waste. It is not metal laden sludge.

It is the same roeki and dirt that are in our backyards. With a very few exceptions, it is

not used to bury streams. The head-of-drainage areas used are dry except when there is

significant rate. The drainages are not destroyed. They are relocated (to the sides of the

fills) and eventually will look a lot like the original dry traces. And yes, during mining

the mine and the associated fills are not scenic. But once the mine has been reclaimed the

area is attractive and can be of significantly increased value to the community and the

local economy. The BIS didn't completely address the reclaimed back to nature out

come and it didn't highlight the short-term positives. It also didn't highlight the

economic advantages of some of the alternate reclamation alternatives such as Stone
                                                                                                                                                                                                        10-6-2
                                                                                                                                                                                                        19-3-2
MTM/VF Draft PEIS Public Comment Compendium
                 A-1159
                                                                     Section A - Citizens

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                                                                                                                                                                                              MaryPasti
          Crest, Twist Gun, and Raven Rock, None of these Golf Courses along with their positive

          impacts on the local communities would be there without Mountain Top Mining with

          their necessary hollow fills. The local airports and business development areas were not

          stressed either. There is no useable flat land remaining in the Mountains which means no

          industrial development or development for tourism.

                If you stand on top of one of the high-points and look out across the mountains

          you don't see miles and miles of waste caused by mountain top mining, as is stress by the

          Special Interest groups. There are isolated mountains that have been lowered by one to

          three hundred feet and they have been or are being reclaimed. The EIS quantifies the

          number of acres that have been disturbed and it is a small percentage but a picture or map

          would be a much better visual reference. The Special Interest groups display a picture of

          a five-acre mess and that is what is used to characterize all of mountain top mining.

          Don't just highlight the negatives. Highlight the positives also. The EIS is supposed to

          be an unbiased statement of the facts. When many of the studies quoted were completed

          by or funded by Special Interest groups, it is hard to determine where the BIS is an honest

          representation of the facts, both short term and long term.

                Please recognize the positive impacts of mining with  the same emphasis as the

          negative impacts are recognized. The energy fixture of the United States is at stake. The

          economic future of the region is at stake.  The jobs of my neighbors are at stake.

          Lynn Partington, PE
          591 Potts Branch
                             	Forwarfed by David Ridei/RMJSEPA/US on 01/07/2004 03:42 PM	
10-3-5
10-6-2
                             Mining
            "mary,p88ti(5|yale.
            edu" 
-------
Cynthia Patterson & Peter Sehrand
                                                                                                                                                                                             Leiter Pattern
                                                                3122 Enfiek) Point
                                                                Marietta, GA 30068
                                                                12/31/2003
                                                                    REC'D JAN 2 02014
Environmental Protection Agency
Ariel R,os Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 2CM60
Dear Sr or Madam:
Ptease consider (tee ofWal comments feswdfttg ttit dnft Bivlionnwi&l too/net St»ten»snt (H5)
for mounteintop removal mining.  .

Government reports ftom ttw Hsti & Wildlife Sendee tnd the EPA rarthn mountalntop remoal mining
ruins vstWfe babtet In Appalachia. More than 1200 mite of steams have been total tymtltonsof
tons of waste rock and dabris. Hundreds of square mlescfforastedrnountsins have been flattened
6? this extremely destructive mining practice. Ona hundred thousand acwsofwlldlffehafofiilhase
teen destroyed. Communities are relocated.

M » supporte of ttia l«iond Audubon Sodeiy, we «m spedfirty conorosd about the Cerulean
Warbler. The warblere' hey breeding area overlaps Appalachian coalfields. TTieir populatton has
plummeted 70 percent since 1966. Tne draft EIS fails to fully assess the severa impacts on forest-
dependent migratory birds, including Cerulean Warblers.

"flu draft HS doss not sljnltantly imfMJiw tte envtenmental prteettas tor mouMstntop rancwd
mining. We urge you to make substantial changes before issuing a final HS: Include alternative mat
minimize impacts to crffical habitats; Mudemragaumcf raining acfjvirjes that do Impact crftical
habitat; restnct the sfee of valley fliisHiat bury streams; limit tlia number of acres of forest Siat can
be destroyed; prate* communiltes that depend on the region's natural resources.

Hiank you for considering our comments.
          Sincerely,
                                                                                                                                                                  'D M 0 9 29R
                                                                                                                         us.
          Cynthia Patterson
Peter 1 Sell rand


Copy: President G. W. Bush
                                                                                                                                                        /VAM^MV*
                                                                                          8-1-2


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MTMA/F Draft PEIS Public Comment Compendium
                                                                                             A-1161
                                                                                                                                                                                    Section A - Citizens

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Jerone Paul
                                                                                      K.Payne
                                                                    V
                                              Jan. 16,2004
      To whom it may concern,
        It was distressing news to me to hear that the Bush administration had
      allowed the damaging practice of mouutaintop removal mining. I
      understand that this environmentally destructive practice has destroyed or
      degraded over one thousand miles of headwater streams, many of which
      have been buried forever under huge piles of mining waste generated by
      blowing off the tops of mountains.
        I hope that my one small voice wiE be joined by many others who oppose
      this mining practice. At this rate oir country will be turned into an
      environmental wasteland. Please reconsider this harmful policy. Hianksfor
      your attention in this matter.

                        Sincerely,

                         Jerone O. Paul
1-9
                                                                                     1-10
MTMA/F Draft PEIS Public Comment Compendium
        A-1162
Section A - Citizens

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Karen Payne
                                                                                 Ray Payne
                                                                     1-10
                                     o
                                                                                                 Ray Payne
                                                                                                 836 Roderick Rd.
                                                                                                 Knoxville, TN 37923-2469
                                                                                                                                                    REC'D AUS2 72m
                                                                                                                                                          August 16, 2003
           Mr, John Forren, US EPA
           1650 Arch Street
           Philadelphia, PA 19130

           Dear Mr. Forren:

           Having been born and raised in West Virginia, I have spent 73 years in Appalachia
           (West Virginia, Virginia and east Tennessee) and I'm unalterably opposed to strip
           mining in the Appalachian Mountains. I have worked for a mining company (inside
           and outside) and have many relatives, past and present, who made their living
           working for coal companies. All strip mining in the Appalachian Mountains is
           deplorable and mountain-top-removal is the worst possible form of coal mining.

           As you well know:
           1.     Mountaintop removal destroys streams and valleys.
           2.     It contaminates drinking water.
           3.     it causes flooding.
           4.     It makes moonscapes out of our Appalachian Mountains which are some of
                 the oldest and most beautiful mountains in  the world.
           5.     It causes blasting damage to nearby resident's homes and businesses.
           6.     It cause air  pollution to nearby residential and business areas.
           7.     It destroys hardwood forests, wildlife habitat, Appalachian culture and
                 heritage.
           8.     It defies the Executive Order regarding environmental justice for low income
                 people.
           9.     It destroys jobs and is environmentally insane.

           There is NOTHING good that can  be said about mountain-top-removal coal mining.
           The Environmental Impact Statements prepared for these operations are a farce
           and this form of mining is a crime against the people and against nature.

           I urge you to help stop this form of mining.

           Sincerely,
                                                                                                                                                                           1-9
                                                                                                 Ray Payne
MTM/VF Draft PEIS Public Comment Compendium
A-1163
Section A - Citizens

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                                                                                                                                                                         Elizabeth Peelle
                                                        2'D BE£ 2 2 jaw
Ray Payne                                                            aai
836 Roderick Rd.
Knoxville, TN 37923-2469

12-17-03

Mr. John Porren, US EPA (3ES30)
16 50 Arch St.
Philadelphia, PA 19103

Dear Mr. Forren:

Except for 5 of my 73 years I have always lived in Appalachia.  The 5 years were
spent in the military service (3 years) and employment outside of Appalachia.
Myself, my father, brother and many other dose and distant relatives worked as
hourly wage employees for the coal companies. We have never supported strip
mining and most of us were strongly opposed to It, even though it created a few
jobs in a region where unemployment was always a serious problem, except during
the two World Wars.

Mountaintop removal mining is unquestionably the worst possible form of mining. It
should be prohibited by law, especially here in the eastern part of the U.S. I'm
requesting that you do everything legally possible to prohibit this form of mining.
                                                                                                    Elizabeth     Peelle
                                                                                                    Date:  1/07/2004
                                                                                                    City: Oak Ridge
                               State: TN    Zip:  37830
                                                                                 1-9
           Your own draft EIS shows that the impacts of mountaintop removal coal mining are
           severe and irreversible. This •practice: has severe impacts upon the land and streams. The
           .dual losses of ecological sustainability and economic viability are devastating for the
           people who depend upon these lands ifat their future, I also object to the proposed
           elimination of the 25-year old mlethat bans mining, impacts within 100 feet of streams.
           Here in. the foothills of the.Cuihbetlands itt Tennessee, we fought for the passage and
           implementation of this rale ta protect our streams from ruination and the TYA.lakes from
           filling up with the spoil from improper mining. Why are yon allowing this grave
           backward step?  Please add my objections to your record of citizen reaction to this
           proposed acceleration of a misguided and dangerous permitting action.

           Sincerely yours,
           D Elizabeth Peelle
           130 Oklahoma Ave.
           Oak Ridge, TN 37830
MTM/VF Draft PEIS Public Comment Compendium
A-1164
                                                                                                                                                               Section A - Citizens

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Joan Peoples
     DeliveredDate: 01/20/2004 01:26:08 PM

     Prom:        League' of Women Voters of Kentucky
                  Suburban Park, Bldg,D, Suite 103
                  1009 Twilight Trail
                  Frankfort, KY 40601-8432

     To:          Mr, John Forreii
                  U.S. Environmental Protection Agency (3ES30)
                  1650 Arch Street
                  Philadelphia, PA 19103
                  ffloantaintop.r3@epa.gov

     Date:        January 20, 2004

     Re:          Programmatic Draft Environmental Impact
                  Statement: EPA 9-03-R-OQ013

     Dear Mr. Forren:

     The intent of this, letter is to express the concern of the League of Women Voters of
     Kentucky-regardittg proposed new regulations governing Mountaintop Mining and
     Valley Fills (MTM/VF),

     The mining industry in.Kentucky is a signifieaat part of our economy and, as such, has
     always been treated with special care.  Balancing the competing intereMS "of.the .three
     major players - mining companies, the people, and the ecosystem - is an. important
     function of a democratic government.  It is with this in mind that I write in opposition to
     some of the proposed recommendations in the EIS report on MTM/VF.

     I am sure you have received many comments citing scientific evidence of the harm
     associated with MTM/VF. Let me just say that  the LWV of Kentucky feels :strongly that
     the importance of this evidence appears not to have been given due weight during the
     development of the current proposals for new regulations. Within that context, please
     consider the following statements.

     The LWVKY feels strongly that the. adverse effects of mining on people and ecosystems
     should be reduced, not increased, as we fear would happen under the new
     recommendations. For example, we object to nation-wide permits, preferring instead that
     individual permits be required and tailored to specific locations. We object to changes
     that appear to lessen the influence of. state government* and state andfederal wildlife
     agencies in the permitting process. As an advocate lor informed citizen participation
     in government, the League also respectfully requests that any new regulations strengthen,
     not diminish, the ease with which the public may participate in future actions regarding
     the regulation of mountaintop removal and valley fill methods of mining.
                       I hope these comments: will factor into your deliberations regarding the draft
                       .Environmental Impact: Statement and any new MTM/VF regulations to be developed in
                       the future;

                       Respectfully yours,

                       Joan B, Peoples
                       President
                       859-986-9088 (h):
                       peoplesjc@iclub,org (h)
1-5
MTM/VF Draft PEIS Public Comment Compendium
    A-1165
Section A - Citizens

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Dolores Perez
                                                                                                                Candice Peters
       .— Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM -—


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                        cc:
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Ian Petersen
          	Forwarded by David Rider/R3/USEPA/US on 01/09/2004 03:54 PM -—

                      tjpetersewgjcbburn
                      et.com          To:    R3 MountaintorxajEPA
                                    ec:
                      01/07/2004 05:06     Subject:  Don't fill our streams with waste materials
                      PM

          Dear Mr. John Forren EPA,

          It is unconscionable that the Busli 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.
          Mounlainlop removal mining and valley fills should not be allowed and
          the laws and regulations that protect clean water must not be weakened.
          In particular, 1 oppose the proposal to  change the stream buffer zone
          rule that prohibits mining activity within 100 feet of streams. This
          role should be strictly enforced for valley fills and in all other
          cases.

          Let's see if we, as a country CM lessen our impact on America the
          Beuatiful.?.?.?.?. Is it really that hard? Yes, I agree, sometimes
          these conservationist organization* go a little off the deep end. Case
          in point in my college days at Colorado College, one organization
          claimed responsibility for burning down the Two Elks Lodge at Vail
          Mountain in protest of the expansion of the already huge (but amazing in
          my opinion) Vail Ski Resort. Their claim was that the expansion was
          going to reduce the Canadian Lynx population. The expansion went ahead
          and created a great back country like area for skiers which likely
          reduces the number of out of bounds skier accidents from the
          unpredictable conditions. Seems to me this ends up saving human lives
          and guess how many Canadian Lynx were lost- none. There had been no
          Canadian Lynx in the area for a long time. Maybe that was because of
          the creation of the ski resorts in the first place, maybe not., 1 don't
          know.

          Anyway, getting back to the point, three things come to mind.  1)
          Toyota and Honda have been able to produce efficient, fun and relatively
          sporty hybrid vehicles when it didn't really look possible a few short
          years back. 2)Denmark already gets ~20% of its energy from wind.
          3)Right here in the Twin Cities, one of Cargilt's engineers was able to
          find a way to make plastic and other everyday items, such sw fabric
          fibers, from renewable resources instead of petroleum based resources.
          Type in www.caxgilldow.com and let them lell you how,.,.
          Pretty cool, huh? Amazing what a little ingenuity can do.
1-9
1-10
Why can't our government do the same and change with the times on
important tsiuss like decapitating the baauiishl nwuntaing or Appatacta?
0h» yeah. Some one ass to get re-elected.  Too bad.

With a little more American ingenuity, we should be able to figure out a
way to Move away from coal and into wind- Can you imagine a prettier
landscape than rows upon rows of crops with these huge, magestic and
modern windmills rising above it all providing power for the surrounding
areas? In effect this would help preseve our water supply while
progressing towards a more beautiftil tomorrow. Also, is it true that
Mr. Bush is going to loosen pollution controls on the current coal
plants?

(The following is  what they wrote for me and I do agree with it).
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 of the
three alternatives contained within the Environmental Impact Statement
Report. All three  options will make it easier for companies to destroy
steams, endangering wildlife and aearby communities.
So long from The  Great White North.
                            Sincerely,

                            Ian Peiersen
                            2690 Fox St
                            Wayzata, MN 55391-9339
                                                                                                         1-5
MTM/VF Draft PEIS Public Comment Compendium
          A-1167
                                                                                                                                                                                     Section A - Citizens

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Denise Peterson
                                                                                                                                                Jan Peterson
    	Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:52 PM	
                JOentse Peterson
                 
                               cc:
                01/06/2004 11:59
                PM
To:    R3 Mountaintop@EPA

 Subject  STOPMTR
    Dear John Forren

    I would like to voice my opinion in opposition to mountaintop removal. This practice along
    with filling valleys is devastating to the ecology of the local communities. People who'*
    livelihood depend upon mountains are forced to leave their homes from the destruction that
    the dynamite and dust have left upon them. The  mountains are literally blown apart...
    Studies show that the lush forests of southern West Virginia and eastern Kentucky are
    among the most biologically diverse temperate lorests on Barth. We need to protect
    them...Coal mining has been the only livelihood foe many of these families, and pcoud
    miners gave their lives to open the door for unionization in this country. Although the coal
    industry has long promised prosperity, the area remains one of the poorest in the nation.
    And now we aim to take even that away from these people and for what? So that the rest of
    us can turn on our lights and dishwashers and vcrs and computers without a thought????
    Please protect the stream buffer zones. The Clean Water Act was created for a reason...
    every child deserves fresh water to drmk... Think of the children living downstream from
    these valley fills... Their wells are. contaminated and these towns don't have  the money to
    invest in public water supply... We need to begin to teach people to conserve... To think
    before suitchmg on the lights... To use die technology of the 21 century to help us harvest
    energy from renewable recourses...  Help protect the mountains... their people and the
    environment!  The studies are there... don't ignore them... especially not because of political
    pressure-

    Sincerely,

    denise petetson,
    Abtngdon, VA
                                                  1-9
Delivered Date: 01/15/2004 12:05:00 AM

And just what is wroiig with: the regiitar.mining procedures? Do we need the opal that
quickly, or is tMs another "Please the Big Boys" scheme. What an awful way to go about
things.

Does this create moreJobs? ft certainly isn't benefiting the wildlife, natural resources, or
the ancestral home of many people. How do we get the laud back, when you are done
with this method of mining? How do we sustain our natural resources, or restore them
and the wildlife, while you're warming your butt by a nice fite? What's with you?  This is
certainly not representation: of the people by the people, this is representation of the rich
to get richer, by the rich. Y m knock most of us off, who ya gonna get to w.ork for you?
Illegal immigrants?  Slave labor?

lam not necessarily a greenie, but I am for common sense, and there is none here. You
give the.miners cancer, and take away their homes. Nice going.

Sincerely,
Jan Peterson
                                                                                                                                                          1-9
MTM/VF Draft PEIS Public Comment Compendium
                                                         A-1168
                                                                 Section A - Citizens

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Susan Peterson
                                                                                DeanPetrich
                                                                                                                 «vid Ridw/R3/USEPA/US on 01/07/2004 03;42 PM —-
 DeliveredDate: 01/06/2004 04:11:27 PM

 To:  John Forre'n

 I am the Conservation Chair of the Delmarva Ornithological Society. We wish
 to-add our voice to the many you have heard from, in regard to the
 Mourttaintop Mining ElS. 1heard a presentation given by Melittda Wettdn, and
 I was shocked to hear what has already been done; and might: be allowable-in
 the future.  We in the Delmatva Qrnitholagi'cal Society are deeply concerned
 by the impact of rnountaintop/valley fill mining on: a wide variety of aquatic
 and terrestrial organism*, I reviewed, the letter writtentt) you by ttfe
 American: Bird Conservancy and I totally agrefe with the concern's:they raise-d.
 and points that they made. Critical.research data, spch:»fliat relating to
 the impacts on the Cerulean Warbler, is being ignored. Because the current
 DEISis so defective, it should immediately be withdrawn for revisions*
 public coifiment should.be solicited, and permit.issuance should cease* Think
 you for your "attention to this matter!
 Susan. L. Peterson, PitD,, B.CBA,
 Coiisef vatfcm Chair,
 Delmarva Ornithological Society
 226 West Parfc Place> Suite 1
 Newark, DE  1:97.11
 302-368.2515
                                  com'1 
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Deborah Pettry
                                                                                                                                                                        Amelia Pickering
            November 12,2003                                  '.        '=C'0 ftjy j ?
                                                   \       *-,           ?_-:_".
                                                               l?36W.MontecitoWay
                                                               San Diego, CA 92103
            Mr. John Forren                                •  ,.
            USBPA(3BS30)
            1650 Arch Street
            Philadelphia, PA 19130

            Re: Environmental Impact Statement about Moontainlop Removal, especially in West
            Virginia
Dear Mr. Forren:

1 wish to state my opposition to Mountaintop Removal. MTR destroys streams,
contaminates drinkiag water, causes flooding, makes moonscapes out of beautiful
mountains, damages peoples' homes, endangers their lives, and destroys forest and
wildlife habitat.

It also destroys ancestral homes, including those of my ancestors. If this were happening
to Mr. Bush's family home in Maine, we'd be seeing an immediate end to Mountain Top
Removal!

The EPA should be putting its efforts into supporting alternative energy sources that
replace coal and oil. Instead, I am ashamed that our government is supporting hydrogen
as an alternative, when in fact hydrogen generation will require additional coal and more
Mountain Top Removal.

I ask the EPA to:

   1,  Put an end to Mountain Top Removal
   2.  Support the development of truly renewable alternative energy sources
   3.  Provide severe penalties for any violators of EPA policies affecting the mountains

These mountains are a precious part of our American environment and must be
preserved.

Sincerely,
                                                                                                               December 29,2003
                                                                                           1-9
John I
U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103

Dear Mr. Fonren,

I am writing to you about the Environmental Impact Statement cm mountamtop
removal and valley fills and proposed rule changes that wfll make it easier for
coal companies to destroy our land and communities. I live in the coalfields of
Kentucky and I know the destruction and devastation that mountaintop
removal mining is doing.

1 do not support Alternatives f 1,2 or 3 contained -within the EIS report. None of
these options wifi protect our water or out communities. I am opposed to any
changes that would weaken the laws arid regulation® that protect dean water.
In particular, 1 oppose the proposal to change the stream buffer zone rule that
prohibits mining activity within 100 feet of streams.

1 welcome the scientific studies, such as this one, that document the
widespread and irreversible damage the coal industry is doing to our state and
region. I am shocked and alarmed that the federal government has ignored its
own studies when it proposes weakening, rather than strengthening,
protections for people and the environment.

I am angry that the report rejects, without meaningful consideration, specific
restrictions on the use of valley fills. There is plenty of science and a strong
legal case for taking a position that leveling mountains and burying streams is
wrong and must stop. Mountaintop removal and valley fills as a way of mining
has come aoout as a loophole in federal law and these practices should be
outlawed completely,

This report is & shameful, dangerous gift  from George Bush to the coal
industry. It ignores the science and evidence about what mountaintop removal
mining is doing and ignores the public's demand for clean water, a healthy
environment and safe communities.

Sincerely,
                                                                                                                                     •rftw      {~J
                                                                                                                           Amelia Hcksiing
                                                                                                                           14 Church Street
                                                                                                                           WMtesburg, KY 41858
                                                                                                                                                                                               11-5


                                                                                                                                                                                                1-10




                                                                                                                                                                                                1-7
            Deborah Brooks Pettry, PhD.
MTM/VF Draft PEIS Public Comment Compendium
                                                                                     A-1170
                                                                                                                                                                                 Section A - Citizens

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Joseph & Helen Pickering
                                                                                                      Joseph Presson
                                  Joseph f. & Helen D. Pickering
                                   3WI Qtam Avean, Pato Alto, CA 94303
            December 30,2003

            John Forren
            1£S.H»A(3ES30)
            1650 Arch Street
            Philadelphia, PA 19103

            Dear Mr. Forrea:
            Throughfamily and friends who live in KenliKky we have become familiar with the
            cnviromaental probieras created by the coalmining industry in Appal achia. We have seen the
            effects of icountaintop removal and valley fills and we believe strongly that this blatantly
            detractive mining method be proMbiteA We write to oppose the EPA's proposed rule change*
            The Environmental Impact Stnd)'released in May documents the extensive damage done to tlie
            land, forests, water and ecosystems by mountaintop removal and valley fills. President Busk is
            i gnoring the federal government's o\vn studies when he proposes v/eakening,ralhertian
            strengthening, protection for people and the environment. Nor will any of the alternatives within
            the EIS report protect water or communities.
            This repoit is a sharnefii], darigeroiis gift from George Bush to the coal industry. It should be
1-9
                                                                                         1-10
1-10
            Joseph F. KefesiBg
            Helen D.Pickering
            cc: Senators Dane f sinstain, Barbara Boxer
              Repreientttiw Anna Bshoo
              Presidatt George Birfi
                                  	Forwarded by David Ridcr/R3/USEPA/US on 01/08/2004 11:39 AM	

                                             detaarkatz
                                                      ce:
                                                           Subject: Moimtaifltop removal mining....please listen.
                                             12/30/2003 06:16
                                             PM
Dear Mr. Forren,

I strongly urge you to amend the EPA's draft environmental impact
statement so
as to limit the effects of htrmftil mountoiMop removal mining. I find it

unconscionable that the Bush administration plans to continue to let
coal
companies destroy Appalaehia with mining practices that level
moutitaintops,
wipe out forests, bury streams and destroy communities.

According to the draft EIS, the environmental effects of mountai ntop
removal
are widespread, devastating and permanent. 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, ao protections for
imperiled
wildlife and no safeguards for the communities that depend on the
region's
natural resources for themselves and future generations. Instead, the
Bush
administration's "preferred alternative" for addressing (he enormous
problems
caused by moumtatntop removal mining ignores the  administration's own
studies
and proposes wetkeaing existing environmental protections and allowing
roountaintop removal and associated valley  fills to continue at an
accelerated
rate.

The Bush administration murt consider alternatives  that reduce the
environmental impacts of mountaintop removal and then implement measures
to
                                                                                                                                                                                                          1-5
MTM/VF Draft PEIS Public Comment Compendium
            A-1171
                                                                Section A - Citizens

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                                                                                                                                                                           Andrew Price
         protect natural resources and communities in Appalaehia, such as
         restrictions
         on the size of valley fills to reduce the destniction of streams,
         forests,
         wildlife and communities. F urge you to immediately amend the draft EIS
         accordingly.


         Sincerely,
         Joseph Anthony Presson
           email-delmarkatz@sbcglobal.net
             PS. Mr. Farren please do not think thai although this is a form
         letter perhaps used by many, it none the less contains the concerns that
         many of us have.
                 do not take this to be a small voice of few people, it is
         the concern of all of us who live on this earth. Please do not mistake
         me for one of the tree
                 hugging activist who so often get in the news, my
         political views and choices cross over into both the democratic and
         republican arenas and I do believe
                 that the environment is more precious that any political
         dogma.  Please do not let these word and the future of this beautiful
         land fall to the business's
                  and the greed that is blind to long term impacts and
         the future of America's most precous resources...the air we breathe and
         the land we live on.
         thank you, Joseph.
1-5
3-3
Mr. John Forren
U.S. EPA (3EA30)
1850 AT* 8t
Philadelphia, PA 19103
 I am opposed to mountaintop-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.

 I welcome scientific studies that document the widespread and Irreversible
damage the coal industry is doing to Appalaehia. Yet this EIS rejects—without
meaningful consideration—specific restrictions on tie use  of valley fills. These
restrictions could be based on size of the fill, 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 dean 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 rule, while Alternative 3 would 'clarify* 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.

 I do not support Alternative 1,2, or 3 as described in the EIS report. None of
these options will protect Appalachian forests, water, or communities.

 As a lifelong resident of these beloved West Virginia mountains, I beseech the
EPA to examine the devastation this mining method has caused to our land and
to the lives of our people. The EPA is charged with protection of people and the
environment, but this study ignores that charge - for such  protections are absent
from this study. No one can possibly benefit from any of the recommendations
except the coal industry.

Please put an end to this madness. Stop mountaintop removal.

Sincerely,
                                                                                                   1-9
                                                                                                   1-7
                                                                                                   1-10
                                                                                                   1-5
                                                                                                     Andrew C. Price
MTM/VF Draft PEIS Public Comment Compendium
         A-1172
                                                                Section A - Citizens

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Donna Price
                                                                                               Perrie'Lee Prouty
                                                                              DEC 1 8
                  Donna Price       137 Fulton Bottom Road       Dorothy, VW 25060

        December 10, 2003                                                   ' •'
        Mr, John Forren
        U.S. EPA (3EA30)
        1650 Ar* St.
        Philadelphia, PA 19103

        Mr. Forren,

        I write to a* the U. S, Environmental Protection Agency to acknowledge the
        environmental, social and economic devastation that mountairtop removal mining has
        already caused In Central Appalachia, and to put an and to this irresponsible form of
        coal mining.

        The Environmental Impact Study concedes that mountaintop removal mining is harmful
        to the environment, that it contributes to disastrous flooding that routinely endanger lives
        and property, and that it can contribute to the degradation of natural wetlands and
        wildlife habitat in the region.

        Yet the study offers no solutions to these harmful impacts. Instead, it proposes to
        improve communications between regulatory agencies in order to expedite the
        permitting process, while offering no meanin0ful protection for th© land and people. Its
        recommendations are a mechanism, devised by the Bush administration and dictated to
        the EPA, that allows corporations to continue to profit from this destructive mining
        method while remaining indifferent to the people of Appalachia and their deep
        connection to the land.

        The people who live in these mountains and  river valleys, descendants of many
        generations of Appalachians, know this land  to be the lifebtood of a unique culture, rich
        in history, tradition and knowledge, and deserving of protection. We long to preserve our
        heritage for future generations, but this heritage is being destroyed.

        Our quality of life and our hope for a sustainable economic future for our people is
        literally being blasted away and buried under massive valley fills. Along with the
        mountains and river valleys, the culture of an entire region is being sacrificed forever to
        provide a source of energy that is, at best, temporary - for coal is a finite resource.

        Please stop this irresponsible destruction. Stop mountaintop removal.

        Sincerely,
1-9
1-5
10-2-2
        Donna Price
 November29,2003                                 '   REC'D DEC fl 3

 Mr. John Forren, US BPA (3BS3Q)
 1650 Areh Street
 Philadelphia, PA  19103

 Dear Mr. Fonen:

 It is so disappointing to read that lie Federal agencies and agencies within the State of West
 Virginia are using the NEPA process to justify what they have already planted on doing. \ am
 disappointed that this will be done regardless of the irreparable damage it will do to the
 environment for us and future generations.

 Your plans numbers 91-4:
       1.  Keep doing what presently doing
       2.  Let Corps of Engineers decide the size and valley fills
       3.  Permit application go to die COE & State of DEP to decide the size and location
       4.  State would lead the decision.

 Wat happened to "hist do gothmg"? What happened to not doing something destructive?
 Do no moinaalgMp atHBval at all. EPA^COB and State W.Va 0BP have «n«fe a sad mockery of
 the NBPA process. Clean Water Act (CWA) means zero discharge of pollution.

 In an endeavor to circumveut the CWA which states zero discharge of pollution into our
 country's water. Not only are you capriciously circumventing the law; you ate destroying the
 ven,-stream beds created along with habitats for various flora and fauna. The out and oat
 destmc'S6n 'of entire streambeds and reconfiguring of the landscape is blasphemous to say the
 least, It Js'arrajl&itf. As the hui&aa species we are" sajjposed to be stewards of the lands of this
 oiitiit^ftffittaiftJttt&IBiottir'llierattW                                 futtw •.  „
 generations will be denied tie beauty of what the mountainous state of W. Virginia fas to offer.
 Not only (she visual beauty; but the beauty oif «H the flora aid fituna that wfff be destroyed.

 I have been appalled in the past by the destruction of entire rivers by add runoff - but I have to
 say this is the most arrogant piece of destruction I have ever personally seen.  As a longtime hiker
 who has traveled along many of the ridges in the State, I have seen fie disappearance of
 ridgelines and mountains in areas where they are doing this kind of mining.

 With aB the knowledge there is on the eflects of logging, roads and the tunoff that oonm as a
 result 1 am appalled that as State agencies that you would allow these fills to jeopardize the lives
 of those unfortunate citizens living downstream of the valleys.

 When you destroy steam valleys, you ate destroying our water resource*. I am a Sequent visitor
 to W.Va.  I use thebearatifel rivers, and forests. I am also a resident downstream of many of the
 watersheds of W.Va. that are being damaged through this mountaintop removal & mining. This
 destruction will not only the State ofWest Virginia, it will have an eSfeet oa my water,

 1 am, 'as :a'citlie'h~, a'stakeholder in this country asking that these agencies adhere to the law, as it
 eSts;.s(6p"HyS^K>'BB_
                                                                                                              1-8
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                                                                                                              5-1-2
MTM/VF Draft PEIS Public Comment Compendium
          A-1173
                                                                   Section A - Citizens

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                                                                                                                                                                     Sean Quintal
           I am not pleased with what the present agencies are doing and demand a change in the ooume that
            Ms. Perne'lee f rooty        \
            52J.3Nortx.ekRd.
            RockviUe, MD 20853
          — Pomaded by Da^d Rider/RS/USEPA/US on 01/07/2004 03:32 PM	

                      "sn,q.iinlan@ytthoo.
                      com" 
-------
Christine Rafal
                                                                                                  Teresa Rafi
          — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM	
             "rafal@fas.harvar
             d.edu" 
-------
Linda Rago
                                                                                                                                                                      Mary Ramsay
           tffi

                 //?/".
             /
                               ibhlr
                                           etfi
                                           5M
~}t>    Inelp   prsieJ-


                                                               RO
           )s
                         • J
                                         •  i4
                                                                                9-2-2
            A'rrf Cawe >

                                                                                                         Mr, John Forren, US EPA
                                                                                                         1650 Arch Street
                                                                                                         Philadelphia, PA 19130
                                                                                                                                                      w 2 a m
                                                                                                                                                             August 16,2003
 Comments on the Environmental Impart Study (EIS) on Mountain Top Removal


 Dear Mr. Farren,


      Few of us are given the opportunity to make a lasting difference in the lives of
 many generations. It is incumbent upon you to look long and hard at the impact of
 "mountain top removal" on the lands and people of West Virginia and to refect the
 recommendations to speed up the process ol mountain top removal.

      The EIS confirms the empirical data that led to the conclusions of coalfield
 residents and environmental eroups-that mountaintop removal / .valley fill coal mining
 is irreversibly and substantially harming the forests and streams of Southern West
 Virginia and Eastern Kentucky. But the recommendations in the HS Statement are a
 sham in that they ignore the scientific evidence and recommend speeding up the
 process in permitting mountain top removal. That mast not be permitted!

      What if no one had had the foresight to create our national parks? Our national
 sea shores? We'd all be far, far poorer for their loss. Though it may be hard to see the
 value now, generations from now these beautiful forests and mountains in West
 Virginia will be a national treason—as resorts and for the incredible beauty God
 gave them. Throughiotit central AppataeWa, some of the most productive and diverse
 temperate hardwood forests in me world have been destroyed when coal companies
 blast off hundreds of feet of mountaintops to get to thin seams of coal. In most
 circumstances, the former tosh forests vm. remain degraded as grassy, unproductive
 scrub land for at least several centuries. This is tacredMy wasteful arid short-sighted.

     Just as bad, millions of tons erf rubble from, the forma mountains arepushed
 into the adjacent valleys. Coal companies have already buried hundreds of miles of
 Appalachian streams, destroying not only the streams themselves, but creating
 disastrous impacts to downstream waterways and towns. All over the world, water
 supplies are emerging ts a key resource as the world population grows. It is insane to
 deliberately destroy dear waters and their valley headwaters.

     And, as the residents point out, mountaifltop removal is also devastating the
 culture and communities of axe region. Those communities are part of our National
heritage too.
                                                                                                                                               Rev. Mary ttoneUe Ramsay
                                                                                                                                               llSSMainSt *B9
                                                                                                                                               Stratford Ct 06615
                                                                                                                                               203 375^33
                                                                                                                                                                                   1-9
                                                                                                                                                                              7-5-2


                                                                                                                                                                              5-7-2

                                                                                                                                                                              5-1-2

                                                                                                                                                                              10-2-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                     A-1176
                                                            Section A - Citizens

-------
Jan Randall
           .... Forwarded by David 8ider/R3/USEPA/US on 01/08/2004 11:30 AM	

                      Jan Randall
                                   cc:
                                    Subject:  forbearing on mountain mining
                      12/30/2003 04:06
                      PM
                                 1 urge you to amend As cfai HS accordingly.

                                 Sincerely,

                                 Dr. Jan A. Randall, Professor
                                 Department of Biology
                                 San Francisco State tJniversity
           Please read attached letter about mountaintop mining.

           Dr. Jan Randall
           Professor of Biolo^
           San Francisco State University
           San Francisco, CA 94132(See attached fife: Forren EPA.doc)

           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, to limit the
           harmful effects of mountaintop removal mining. As a biologist, I find the Bush
           Administration policy that whole mountain tops can be removed to result in the
           destruction of forests and streams a totally unacceptable practice. The environmental
           damage for a short term financial gain by cool companies should not be allowed.

           This opinion is not mine alone. According to the draft Environmental Impact. Statement
           (EIS), the environmental effects of mounteintop removal are widespread, devastating and
           permanent. 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 that depend on the region's
           natural resources  for themselves and future generations. Instead, the Bush
           administration's "preferred alternative" for addressing the enormous problems caused by
           mountaintop removal mining ignores the administration's own studies and proposes
           weakening existing environmental protections and allowing mountaintop removal and
           associated valley  fills to continue at an accelerated rate.

           At the very least,  I urge the Bush administration to consider alternatives that reduce the
           environmental impacts of mountaintop removal  and then implement measures to protect
           natural resources  and communities in Appalachia, such as restrictions on the size of
           valley fills to reduce the destruction of streams, forests, wildlife and communities.
1-5
MTMA/F Draft PEIS Public Comment Compendium
          A-1177
Section A - Citizens

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Kevin Randall
                                                                                                 M. Rauen
        	 Forwarded by John Forren/R3/USSPA/US on 01/05/20G4  01:50  PM 	


                              "Kevin M.
                              Panda 11"                 To:        John
        Farren/H3/USEPA/U5SEPA,  president?whitchouae.gov,
                                                  cc:
                                                       Subject:   EIS on
        iwoy n t a i n t op r eiaa va 1 coa i mining
                              01/05/2004 12:56
                              PM
                               - Forwarded by David RWer/R3/USEPA/US on 01 CO/2004 09:08 AM —

                                         mratisn
                                         crnrauengbrecneto    To:   R3 Mountaintop@EPA
                                         om>          cc:
                                                     Sut^eot:  Re: Help Limit Mountaintop Coal Removal Mining
                                         01/19/200409:57
        I iind it appalling that the Sush administration  is r«scoss£iii&tiding a
        weaken i ng of the r&st rict.ions OR maun tain top reKsovai co-a 1 mi ning, the
        exact.
        opposite of the goal of tne caused tay
        *strenqthening* the restrictions is nothinct ccspiparecl to the  damage to
        the,
        ecosys^ftaii and the communities that is caused by the mining.
1-10
                                                                                   1-7
                                                                                                                 I think there should be the strongest regulations to prevent the
                                                                                                                 distruetioh of the mountains and the filling and polution of their
                                                                                                                 streams.
                                                                                                     1-10
MTM/VF Draft PEIS Public Comment Compendium
         A-1178
Section A - Citizens

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JohnRausch
                                "Sowing My Community Back"




                                                By Fr. John S. Rausch








           Indus Thompson lives about 1,000 feet from the blasting site at the head of Little Tom




    Biggs hollow in McRoberts, Kentucky. The mining company doing mountaintop removal, a




    practice that decapitates mountains in Appalachia to expose a coal seam and lucratively extract




    the coal, sometimes uses a supercharge of dynamite to loosen the rock to get the coal. The




    section Lucius added to his trailer actually separated from the main structure with the tremors.




    When it rains, he puts buckets throughout his house to catch the drip from the cracks caused by




    the blasting.




           But no damage compares to the fright he got a year ago. Three of his children, the oldest




    7 years of age, were playing in ftont of the house. A downpour came, so the kids went inside. A




    moment later a torrent of water rushed down from the strip site flushing debris and mud from the




    hillside with a force so powerful that any child or elderly person could easily have been swept




    away.




           Mountaintop removal, like advanced production techniques in other industries, illustrates




    some ethical principles lost in the quest for efficiency and profit. The church teaches that rights




    come with responsibilities.  The coal company has a right to its coal, but it must mine it




    responsibly.




           In 1977 the Surface Mining Control and Reclamation Act sought to prevent water




    contamination and blast damage to homes. A quarter century ago strip mine technology allowed




    removing coal veins only near the surface and mined land had to be restored to its original use




    and contour. One small exemption in SMCRA allowed for leveling of mountains and tilling of
16-1-5
17-2-5
stream beds if that procedure readied a site for development. The loophole became big enough to



drive a 20-story high shovel through. Today, advanced technology wing powerftil dynamite



charges, monster shovels and huge tracks hauling 80 tons sometimes level down mountains 500



feet, dumping millions of tons of top soil and rock into the riverbeds in the adjacent valleys.



With mountaintop removal rural communities face possible floods, dry wells, polluted streams,



cracked walls and foundations, and surroundings of constant dust and noise pollution,



      "tf you don't live the life, yon don't know what it's about," laments Lucius.



      The companies claim they operate within the law and only God can send rains causing



floods. Besides in rural areas with little economic opportunity, they argue, communities need



jobs. In 1979 strip mining employed 17,181  in Kentucky, but by 2000 the figure dropped to



4,612, while production fell only one-fourth, A job in strip mining represents a temporary human



activity till advanced technology replaces it.  Meanwhile, alternative jobs in tourism and other



industries stand in jeopardy.



      Recognizing the principle of care of creation links naturally with the principle regarding



rights and responsibilities, John Paul II proclaims the right to a safe environment must eventually



be included in an updated U.N. Charter of Human Rights. "Respect for life and for the dignity of



the human person extends also to the rest of creation."



      On December 10,2002, International Human Rights Day, 60 people ascended a mountain



to a strip site overlooking McRoberts. They came to pray. McRoberts had not experienced a




serious flood since 1957, but in the last 18 months they faced 5. Prayers rose to change hearts



and open eyes.  At the conclusion, Catherine Oden, a McRoberts'  senior citizen, walked among



the rock and dirt, and with a symbolic gesture of hope and determination she scattered a handful



of wildflower seed saying, "I'm sowing my community back,"
                                                                                                             10-4-2
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MTM/VF Draft PEIS Public Comment Compendium
          A-1179
                                                                      Section A - Citizens

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LisaRayburn
                                                                                                                                                                                     EricRechel
              _
           all, com         To:
                        cc:
           01/05/200408:24
Impact Statement on mountaintop
           AM            removal coal mining
                                               R3 Mountaintop®EPA

                                            Subject: Comments on Draft programmatic Environmental
January  16,  2004

Mr,  John Forren
US EPA  (3EA30)
1650  fact. St.
Philadelphia  PA    19103

Dear  Mr. Forren
JAN 2
               Enviromental Protection Agency Environmental Impact Statement
               Dear Enviromenta! Protection Agency Environmental Impact Statement,

               Having lived in and loved West Virginia for over twelve years, I
               have seen and studied the impacts of mountain top removal mining
               first hand. I urge the Bush administration to do everything in
               its powers to increase the oversight of mountain top removal
               mining practices and to reduce the size and number of new
               mountain top removal sites. This mining practice has devastating
               long-term impacts to local ecologies,  communities and economies.
               Sincerely,

               Lisa Rayburn
               176 Chapel Street
               Spruce Pine, North Carolina 28777
                                                                            1-8
      Right now  we have an unmanned NASA rover on Mars.  What an
accomplishment    Think of all the mental know how and technology
that  went into this  venture.   We  will be  getting  pictures back from
Mats for the next 2 to 3  months.   Think of all the money that  went
into  this venture.   There  stay  be some  who  are  concerned and  angry
about the  cost,  but most  Americans  are probably  excited and  are not
really concerned  about the price  tag.
      Right now  Coal  companies are blowing off mountain tops in
Apptlachia in their  search for coat   This waste rubble is pushed off
to fill  in  surrounding  valleys  and bury  hundreds  of miles of  streams.
What devastation.   Think  of all  harm this does to tie  environment.
Don't we have any  mental  know  how  to stop this  or  at least reduce
the impact of this waste  of our land?  Don't we  have any technology
that  would  allow the  coal companies  to  still extract coal and let  the
streams  nat free?  Isn't there  an option  of limiting valley  fills to 35
acres in size?  Would the  cost increase imposed on the size  of valley
fills  of  $1 a ton  mate (he American people angryf   I  don't think so.  I
want yon to seriously  consider a  size limit on valley fills.  The
increase  in  the price of coal  is  insignificant.   ! want  you to strength
environmental protections  that apply  to  mountain  top  removal.    I  am
against  the preferred  alternative  which  wilt  weaken  laws that  limit
the size and location  of valley fills.

    Of  all the things  future generations nmy inherit a  living  planet is
the one  they  will treasure most.   Let us, let  yon the 0.S. government,
start  today  in enacting tews that will  leave » Hving planet for our
kids.   Please start  now, ia the  Appalachians, supporting and  enacting
laws  that wiH leave for afl of us Hving forests and  streams.

Sincerely

Brie Rech
2890 Seely Rd.
Orand Junction CO 81503
                                                                                                                                                                                             1-7
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MTM/VF Draft PEIS Public Comment Compendium
                                                                                      A-1180
                                                       Section A  - Citizens

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Patricia Reed
  — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:52 PM —

               Patricia Reed
                             cc:
                             Subject:  Comments on dtaft EIS on mountain top removal
  mining
               01/02/200410:59
               PM
  January 2, 2004

  Mr, John Forcen
  U.S. Environmental Protection Agency
  1650 Arch Street
  Philadelphia, PA  19103

  Dear John Forceri,

  I am upset to learn that the Bush administration plans to continue to let coal companies
  destroy Appalaehia with mining practices that level mountaintops, wipe out forests, bury
  streams, and destroy communities. This issue is of extccmc importance to me, as it is to all
  who live on this planet, whether they choose to ignore it or speak out about it President
  Bush is seeking re-election, but how can I possibly support, in good conscience, anyone who
  would rob our children and their children and ai! the other creatures who reside on this
  planet of what's left of the earth that we now enjoy? To allow mountaintop removal mining
  to continue, and not only that, but to also make it easier for coal mining companies to get
  permits for this is just the latest example of Mr. Bush consistently showing a very serious
  lack of concern or appreciation for our home, the only place in the universe we have to live.
  I may be but one small person, but 1 cannot and will not consciously offer my support to a
  person who shows such blatant disregard for our precious Earth.  To me} as a citizen of this
  country and ot this planet, the issue of our environment is of utmost importance, because as
  humans, we live and die, but our earth will need to go on so that our children can have a
  home. We do not occupy this planet alone - we have animals and plants and all sorts of
  other species to consider - most of them were here long before we were.  We do not have
  the right to harm them, especially not to the point of extinction, which is what will ultimately
  happen as long as Mr, Bush and others like him ate more concerned with things less
  important than the future of this planet. People tend to put the issue of out environment on
  the back burner so they can deal with the more immediate issues at hand, but then they
  forget about the pot that's boiling over in the back.  The issue of our environment, needs to
  be dealt with NOW. Our environmental situation can no longer be ignored. Laws should be
  made right now thai protect our planet, but instead, the lawmakers are looking for ways to
  exploit, what, resources we have left-
1-9
According to the administration's draft Environmental Impact Statement (EIS) on
mouataintop removal coal miaings the environmental effects of mountain top removal $oe
widespread^ devastating, and permanent. Yet the draft EIS proposes no restrictions on the
si7e of valley fills that bury streams, no limits ort the number of acres of forest that can be
destroyed, no protections for imperiled wildlife, arid no safeguards for the communities of
people that depend on die region's natural resources foe themselves and future generations.

The Bush administration's "preferred alternative1' for addressing the 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 mountaintop removal, an additional 350 square miles ot mountains,
streams, and forests will be flattened and destroyed by mountaintop removal mining.

How can the Bush administration endorse ot approve of this, considering what their own
studies have found? They know the damage it will cause, yet they want to make it easier for
companies to do this?  Do they have brains in  their heads? Or does it all  come down to
money, as it always does with President Bush? Well, there won't be any money left once all
the planet's resources ace gone. There won't be anything left.

In light of these facts, I urge you to consider alternatives that reduce the environmental
impacts of mountaintop removal. Find another way. Stop hurting our home. You should all
be looking for ways to protect our resources instead ot finding more ways to ravage our
planet and destroy all  of us who live here.

Thank you for your consideration o£ this important issue,

Sincerely,

Patricia Reed
I Verrnilyea Street
Pleasantville* NY 10570
USA
                                                                                                          1-5
MTM/VF Draft PEiS Public Comment Compendium
          A-1181
                                                                                                                                                                                 Section A - Citizens

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Linda Reeves
                                                                                             Dylan Reid
                                                            REC'D  SEP  02 2083
                                                                 Rt. !Box353B
                                                                Aurora, WV 26705
                                                                   August 22,2003
                                                                                                                                                REC'D. JAN20;
                          John Forren
                          U.S. EPA (3EA30)
                          1650 Arch Street
                          Philadelphia, PA 19103
January 13,2004
       Mr. John Forren, US EPA
       1650 Arch Street
       Philadelphia, PA 19130
Dear Sin

I am writing about Mountain Top Removal and the EIS study. It is appalling to me what
the EIS has suggested and that in its report there is no recommendation in stopping the
defamation of  the  landscape  by  Mountaintop Removat    I  cannot believe  that
Mountaintop  Removal is still  being allowed to wield  its  destruction.   What has
happened to  communities affected by  this atrocity done to the  land  is  one of the
great tragedies of the last 2 decades.  There is absolutely no regard or respect for the
land, the people or their cultural histories related to the land. What kind of example does
this set up for the young and the generations to come?  Mountaintop Removal because
these  coal companies  have a lot of money and dubious  political backing and support
behind them can come into communities and  completely disenfranchise the cultural,
health and fiiture of the people that live  in these communities.   The Appalachian
communities in West Virginia and other states have always  taken hard hits in regard to its
environment and people, its time the exploitation of these mountain communities stops.
When coal is removed by tearing and ripping up mountaintops ft is ripping  and tearing
apart the very soul of the people who live there. STOP MOUNTAINTOP REMOVAL.

 Sincerely,
      Linda Reeves
                                                                                        1-8
                                                                                        10-2-2
                                                                                        1-9
                                                                                                                            Subject: Immediately Cease Destruction of Streams with Waste Materials
                          Mr. Forren,

                          As an avid trout fisherman in the Appalachian watershed, I. must strongly convey
                          my deeply felt opposition to the weakening of clean water standards and the
                          EPA's de facto advocacy of mountain top removal and valley fill by coal
                          companies. In particular, I oppose trie proposal to change the stream buffer zone
                          rule that prohibits mining aofivlry within 100 feet of streams. This rule should be
                          strictly enforced for valley fills and In all other cases.

                          This proposal is in general a disgraceful abuse of the public trust invested in your
                          agency and particularly an extreme instance of corporate welfare in which the
                          Interests of the mining Industry are preserved at the expense of the public users
                          of the resources. If this Industry finds that it is not economically viable to extract
                          the coal resources and preserve streams, then the free market should dictate
                          that ft not occur. In this case, however, the EPA !• effectively subsidizing this
                          destruction on behalf of the coal industry by according them preferential access
                          to the natural resources of this country 9iat citizens like me enjoy. In a free
                          market they would have to bear the full cost. It amounts to corporate welfare and
                          violates the spirit and Intent of responsible stewardship.

                          Let me make this clear. I do not support any of the three  alternatives contained
                          within tie Environmental Impact Statement Report. All three options will make It
                          easier for these coal interests to destroy steams.
                                                                                                                                                                                                    1-10
                           1-5
                                                                                                                            Dylan C, Reid
                                                                                                                            802 Charles Allen Or.
                                                                                                                            Atlanta, GA 30308
MTM/VF Draft PEIS Public Comment Compendium
A-1182
           Section A - Citizens

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Richard Reis
                                                                                                                        David Reister
                Richard Reis
                711 Copley Lane
                Silver Spring, MD 20904-1312
                                                      teec
•DTBTtiar
                                                                           January 3,2004
                Mr. JohnForren
                U.S. Environmental Protection Agency
                1650 An* Street Philadelphia, PA 19103

                DearMr.Fotren,

                Please do not continue to allow coal-mining practices, which arc known as "mountaintop
                removal". These practices remit at ruJneA laid and rivers. They interfere with other economic
                activity within the affected communities, to say nothing of the people who live there. Tourists
                won't come; farms will be mined.

                The supposed beaefft could be cheaper electrical energy. However, there ace dearly costs in
                terms of the environment and in peoples' lives, which should figured in as well. When the ecal   j _O
                reaches the power plants aad is burned the costs in terms of air polteian and contribution! to
                global warming would be very high indeed. For example, asthma, linked to air pollution, is a
                rapidly growing problem in cities up and down die eastern seaboard.

                The potential eoai-producaig area could provide sustainable eoergy in the ibftft of wind farms
                that more employ local people than cod operations. Where coat would be used up, wind firms
                will coattoue to pitjvide safe, clean, asd affordable energy that would sot fufl out.

                Hesse do not allow tliese destructive mining practices to continue.

                Sincerely yours,
                                             Dayid   Reister
                                             Date:  12/24/03
                                             City:   Knoxville
State:  TN    Zip Code: 37931
                                             I have read the four alternatives in the Draft Programmatic Environmental Impact
                                             Statement ft*. Moitilt4into() Mining/Valley Fills in Appalachia. Since the erosion of a flat
                                             plateau ovet several hundred million yeats produced the Galleys in Appalachia, all of the
                                             valleys have streams in them. When the fops of mpujitains are removed and placed in the
                                             valleys they will destroy or impair the water quality and the quality of life of the dl of the
                                             humans and other animals that live in the valleys, I favor the creation, of a wide buffer
                                             zone to protect tte Streams. Currently, thefe is a 25^year-old.rule that, prohibits mining
                                             impacts within 100 ft of streams. All of (he three proposed alternatives are focused oii
                                             governmental efficiency rather that etiyironmental protection and describe how the
                                             various agencies of the/federal government will coordinate their management procedures.
                                             Since none of the alternatives requires a wide buffer zone around existing streams, I favor
                                             the No Action Alternative,

                                             David Reister
                                             10366 Rather Road
                                             Knoxville, TN 37931
                                                                   1-1
MTM/VF Draft PEIS Public Comment Compendium
                                A-1183
                                              Section A - Citizens

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Jordan Reiter
          	Forwarded by David Rider/RJ/USEPA/US on 01/09/2004 02:49 PM	

                      Jordan Reiter
                                  cc:
                                    Subject: Comments on draft E18 on mountaintop removal mining
                      01/02/2004 03:47
                      PM

          January 2, 2004

          Mr. John Forren
          U.S. Environmental Protection Agency
          1650 Arch Street
          Philadelphia, PA 19103

          Dear John Forren,

          I am upset to learn 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 have friends and acquaintances who live in mostly mining areas. I
          understand that mining can and does provide jobs for people in certain
          areas. However, from those I have talked to, including former miners,                  1 _Q
          the work is difficult and the pay does not reflect the difficulty of the
          labor. Moimtaintop mmiflg is especially damaging; as a brute method of
          mining, it requires fewer total workers. As the use of this form of
          mining becomes more appealing to coal companies because of the relative
          cheapness of the method and the slacking of environmental regulations
          controlling its use, workers will  actually be laid off, even as the
          amount of mining operations grow.

          When a mountain is mined using mountaintop removal, there is nothing
          useful left over. It is a temporary gain in resources that leads to a
          barren, unuseable mountain top. Generally, these sites remain polluted
          and barren for a long time. A mountain that has not strip-mined can be
          u»ed for many purposes: tourism, which in my opinion should become in
          West Virginia the primary source of revenue; sustainable tree farming,                 i 1  /7_
          nature reserves, or hunting. With these uses, you are  still left with a
          mountain which can be turned towards hundreds of other uses. Mountaintop
          removal leaves you with nothing.

          According to the administration's draft Environmental Impact
          Statement(EIS) on mountaiatop removal coal mining, the environmental                1 -5
          effects of mountaintop removal are widespread, devastating, and
                  permanent. Yet the draft EIS proposes ao restrictions on the size of
                  valley fills that bury stream*, no limits on the number of acres of
                  fotest that can be destroyed, mo protections for imperiled wildlife, and
                  no safeguards for the communities of people fliat depend on the region's
                  natural resources for themselves and future generations.

                  The Bush administration's "preferred alternative" for addressing the
                  problems caused by mouiitaintop 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 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 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,

                  Jordan Reiter
                  130QWertUndSt#C4
                  Charlottesville, VA 22903
                  USA
1-5
MTM/VF Draft PEIS Public Comment Compendium
A-1184
                                                                                                                                                                                      Section A - Citizens

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JohnReppun
—.	Forwarded by David Rider/R'3/USEFA/U3 on 12/09/2003  03:40  PM	—

                      John Keppun

Mou n ta i. n topis EPA
           from Mountairstop Mining
                                 11/14/2003  07:42
                                 FM
           Jab n Fo r r en,  En v 1 ronmen ta 1  P rotectii nn  Agency
           U.S. EPA (3EA30)
           1650 Arch  Street
           Philadelphia,  FA 19103
           Dear Mr.  Forren,

           1  am writing/  froin the  State of  Hawaii,  in  opposition  to changes to
           1 aws
           and
           regulations that  now protect rivers,  streams  and watersheds from the
           impacts ot
           mountaintop mining and  valley fills.   The alternatives evaluated in
           your
           Hay 29,
           2003 dralt  Enviro.ijjnerit.al  Impact  Statement  (EIS) axe  inadequate,
           u na ccep tablo and
           net i P  keeping with use of  the "p recauti orsary" pri nciple where!n we are
           encouraoe
           to stay far f rom  the "brink",  rather  chan tip-toeing along the edge
           where disaster
           i s has t. courted I

           The EIS process,  in any state,  is  meant  to  move oorwHuntiies and
           agencies
           towards
           v/iso decision-making and  the "fo&st" of options. Your draft. EIS reveals
           clear evidence
           of the  immense and lasting  harm  that  is  the result of  such mining
           practices -
           a  harm that is felt throughout the country  because of  the message{3}
           and
           lessons
           taught  to next generations.  Just as folks in  Virginia  rely on us to
           protect our
           state's resources as a  part  of the "public  ciorsain** that we all enjoy.
                                                                         1-10
                                                                         1-5
                                                                                                           of cur pieciouy, fragile watershed
                                                                                                           such, practices.
tt is my understanding that, the Surface Mining Control  and Reclamation
Act' 3
current "buffer  zone" rule now prohibits raining activities chat disturb
any area
within 100 feet  of  larger streams. The alternatives  you propose would
serve to
eliminate the current limit; on using nationwide p^rrpits to approve
valley fills
in West Virginia that are larger than 250 acres.  This,  in turn would
yive the
Office of Surface Mining a whole new role in the Clean  Water Act
pe nn 1111ng for
ifto-u n ta i n top Rii n i ng  Lha t dc^a no t ou r r en 1 y ex 1st i :i th e  1 aw,

T'O this end,  T encourage you to p]ea?e set aside '".he "preferred
alternative*11
you have put  forth,  in favor of a full investigatien and public
dlaclosure o f
options intended to truly minimise the environiRerstal and economic
dams gef f r om
this farm of  minan  and fill ing.

Thank you for your  consideration,

S i nce.rs.1y/

John Reppun
47-20C Waihee Rd
Kaneohe, HI 96744-4947
USA
keyed?hawaii.rr.com
                                                                                                                                                                                       1-5
MTM/VF Draft PEIS Public Comment Compendium
                                                                                A-1185
                                                            Section A - Citizens

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Michelle Reynolds
      Forwarded by David Ridet/R3/USEPA/US on 08/28/03 05:06 PM -—

                  Michelle Reynolds
                            cc:
                                  Subject: Comments to be considered for the
      final ELS
                   08/28/03 01:47 PM
      John Forren
      U,S. EPA (3ES30)
      1650 Arch Street
      Philadelphia, PA 19103
      Sent via email
      Dear Mr Forren:
      Existing regulations created to effectively govern the process of coal mining are
      under attack. These regulations are important to those directly affected by
      mining practices - those in the coal industry and those who reside in coalfield
      communities, I live in Whitesburg, Kentucky, surrounded by many active and
      formerly-active coal-mining operations, and wanted to write with my
      comments about the Environmental Impact Study,  Thank you for offering this
      opportunity to express rny views.

      I welcomed the scientific studies presented in the EIS that document the
      widespread and irreversible damage caused by Mountaintop Removal Mining.
      After reviewing the recommendations that followed however,  I was confused.
      I have no choice to believe that even though the government is aware of the
      environmental dangers present in the practice of Mountain Top Removal the?
      refuse to do anything about it.  This is disturbing.

      Regulations are  an essential part of the American system.  |ust as we do not
      allow vigilante behavior in our justice system, we should not allow the coal
      mining industry to act as their own police.  At the public hearing on this issue
      in Hazard, KY on July 22 several representatives from the coal mining industry
1-10
2-3
                      spoke out against coal miaing regulations and promoted Alternatives t, 2 and 3
                      as recommended in the EIS.  Many coal operators and friends of the industry
                      stated that the coal industry could not survive with regulations,  I propose that
                      the coal industry, like other successful American industries, rely on innovation
                      as a way to get ahead instead of pushing for the dissolution of regulations
                      created to protect our air, water, and quality of life. It is critical that the cjuasi-
                      governmental agencies put in place to regulate the coal industry on behalf of
                      the people they are appointed to represent be vigilant in the regulation of
                      mining laws.
              2-3
                                                                                                        Thank
                                                                                                              you,
                      Michelle Reynolds
                      52 Easy Street
                      Whitesburg, KY 41858

                      Michelle Reynolds
                      The Center for Rural Strategies
                      46 East Main Street
                      Whitesburg, KY 41858
                      606-632-3244 voice
                      606-632-3243 fax
                      www.ruralstrategies.org
MTM/VF Draft PEIS Public Comment Compendium
      A-1186
Section A - Citizens

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James Richard
                                                                           Nancy Riley
        	Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM	

                     richardswritiiigs
                    @aol.com"        To:    R3 Mountaiotop@EPA
                    
-------
Paul Robertson
                                                                                                                                                                    Richard Robertson
Forwarded  by David KJ.der/R3/USSPA/US or;  Cl/23/2004 09:38 AM	


                       Pau1  Robertson
                       
-------
Tom Robertson
                                                                                          Gail Roc
                                < t r abe E i so n. 3 ectrrr- r
                                                         b'uta j oc t:   Mount a In Top
                                                                                    9-5-2
             First Name: Ms. .Gail M..Roc LastNwne:
                    1/07/2004
             City:   Sincerely     Stale:  Zip:
                                                                                                                                                Augustine, FL.32080 Letter Bate:
             We find it abhorrent that the Bush administration plans to enable coal companies to
             destroy Appalaehia with mining practices that level
                   mountaintops., wipe out forests, bury streams, and. destroy communities, As a
             citizen environmental advocate for over 3Q years, I am
                   intimately aware of the ravages of eoal mining in almost all its forms. The coal
             barons have NEVER had to pay for the full ancillary costs t
                   communities, citizens, public infrastructure components, and health and safety
             impacts. Old King Coal still reigns despite the extent of
             accumulated science about "his" rape of and ravages to the land, water, air quality, and
             individual property owners. My use of the term
             "we" simply adds my husband as a co^advoeate against relaxation of environmental
             standard that offer, maximum protection; from mining-
             related travesties and Injustices, 1 was proutt to be an invitee to the ROSE GARDEN
             197? SIGNING OF THE FEDERAL SURFACE
             MINING  ACT by President Jimmy Carter, It promised baseline protection .that allowed
             states to exceed the federal standards. The ideals
             of that long fought for legislation have been eroding since the bill went into effect. Even.
             Pennsylvania;  which purportedly was a leader in
             mining regulation has rescinded most of its more protective provisions under the edict of
             a Republican administration spearheaded by
             Go;v. Tom Ridge. OSM has .become a pawn of the mining industry and instead of offering
             oversight  of state programs; it now works to
             dimlnsh the regulatory programs of individual states. SHAME on those who still bow to
             the reign of King Coal and bravo, to those who
             endure the seemingly hopeless fight against ex'traetiveifldustries that dont' give a "ijarn"
             about what and who is hurt during theJi:
             unrelenting pursuit of profit, The stealthily concocted comment deadlines for regulatory
             weakening by state and federal entities who are to
             protect our environment is duly noted here as well as in many previous regulatory
             relaxation mischief,
                                                                                                                                                                                           1-10
MTM/VF Draft PEIS Public Comment Compendium
A-1189
Section A - Citizens

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Hugh Rogers
                                                                                               Ruth Rogers
          -— Forwarded by David Rider/R3/USEPA/US on 01/09/2004 03:54 PM -—

                     Hugh Rogers
                              cc:
                                  Subject:  MTR E!S comments
                     01/06/200401:41
                     PM
                     Please respond to
                     Hugh Rogers

          Dear John Forren,

          We haven't written to you for several years, since the first and second
          rounds of Corridor H EIS comments. This one's even bigger. Sometimes
          Corridor H has appeared to us as a humlred-mjle-long strip job, with
          most of the harmful consequences of that practice. But we have seen the
          devastation caused by MTR in Southern West Virginia, and we can't
          believe that the writers of the current EIS could make their
          recommendations to continue that form of mining after their description
          of what it has done and would do.

          In a very few words, we oppose mountaintop removal and valley fills and
          any change in the rule protecting stream buffer zones. We are
          disappointed and angry that the federal government proposes to ignore
          its own studies by reducing protections for people and  the environment.
          We demand a new study that looks at alternatives to prevent new
          mountaintop removal and valley fill operations. We call for termination
          of the existing MTR mines within 5 years or by the expiration of the
          current mining permit, whichever date occurs first.

          Sincerely,

          CORRIDOR H ALTERNATIVES

          by Hugh Rogers, President
1-9
1-5
                               Hcu n t,<31 n top? Bi-A
                                                                               of.:
                                                     01/05/20C4  10:51          Subject:  Comments on
                               •draft prGgraHmattc EIS on mountaintop removal coal  mining
                                                     AH
Mr.  John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA  19103

Dear Mr. Forren,

Th Ls riraft EnvironHsental  Impact  Statejnent ,'EIS) i 3 tcfca 1.1 y
inadequate and flies  in the  face of th$ KSPA procesa and the
laws of the United States. Th& Bush administration plans to
continue t.u let coal  companies destroy Appalaichia with a i nine;
practices that level  mauntaintops/  wipe out forests, bury
streats, arid destroy  coramuni t ies viol Btf?s the i nt evicted p rricess .

According to the  administration's draft SIS on mountaintop
removal coal mining,  the  environmental ef i"*£cts of s:oun tain top
removal are widespiead> devastating,  and permanent.  'z&t ths
dr#f t ETS pf Dposes no r^st. ri ct Ions  on  t.he 3 i zs of val.ley f i 1 Is
that bury streams, no limits or*  the number of acres of forest
that can foe destroy&d, no protections  £D£ insert led v/ildlite,
and no safeguards for ths communities  of people that depend an
the region's natural  resource for  themselves and future
generations.

KaBarkably, thG Bush  administration's  "preferred alternative"
for addressing the enormo-.u?  protalenis  caused by Mount.airt.op
removal coal rrdninq is to weaken existing enviroBEtental
protections. The  draft EIS proposes streamlining the permitting
process, allowing raountaintop  ratsoval  a ad associated valley
fills to continue at  an accelerated rate. The draft EIS also
suggest s dot TKI avray wi th  a surface  mi ni nq ns.1 e t.ha •: makes 11
illegal for mininef activities  to disturb areas vilthin 100 feet
of streams unless it  can be  proven  that, streams will net .be
harmed. This ^preferred alternative*1  ignores the
administration's  ov*?n  studies detailing the devastation caused by
Etountaintop removal coal mining,  including:

- over 1200 milea of  streams have been damaged or destroyed by
Mountaintop removal
                                                                                                      4-2
                                                                                                                   -  the  total  of past,  present and estimated future forest  losses
                                                                                                                   is 1.4  million acres
                                                                                                      1-5
                                                                                                                                                                                         1-10
MTM/VF Draft PEIS Public Comment Compendium
         A-1190
                                                        Section A - Citizens

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                                                                                                                                                                                    Michael Romo
           The 3u3h actalnisLratior,' *  "preferred al fc^inative" icmores these
           and hundreds of other scientific  facts  contained in the BIS
           studies, In light of tha^e .facts,  the Buyh  asdminlstraLion must
           consider aItetTtstives that reduce  the enviroarasntal impacts of
           moun ta.i nt.op reroova 1 and then  Implewenfr.  mes^ure?? tc- protect
           iiaLuial  resQLii'cerf a lid coaimunities  In Appalctchia.,  such            cc:
                                         Subject: Attention: John Portent
                            01/06/200403:41
                            PM

                 Mr. Forren

                 1 understand the EPA is reviewing its regulations regarding m-ountamtop
                 mining, and has set the deadline for public feedback for Jan 6th.  ! am
                 also
                 sending this message via U.S. mail, but I wanted to make sure my
                 comments
                 reached you by the deadline, so 1 ask you to give this message the same
                 consideration you would give correspondence arriving via. U.S. mail.
                                                                                                                Get reliable dial up Internet access now with our limited-time
                                                                                                                introductory
                                                                                                                offer, http://ioin.nisn.com/Ppage^dept/'dtatup
                                                                                                                (See attached file: region3_mtntop_eis.doc)
MTMA/F Draft PEIS Public Comment Compendium
A-1191
Section A - Citizens

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                                                                                                                                                                                          Debra Rookard
                                                       Michael Rome
                                                       3263 Cole Avenue
                                                       Simi Valley, CA 93063
                                                       January 6, 2004

John Forren
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia  PA 19103

Mr Forren:

I am opposed to the practice of raouojtaintop mining and valley fills. I do act think the proposal
regulation changes take fiill consideration of the impact that valley fills cause. I have several relatives
here in California who have bought homes built either on filied-in hillsides or filled-in canyons. These
homes have had problems as the fill has settled over time- In the wetter climate of the Appalachians, I
feel these settling problems would occur more seriously and ottener.

T also have concerns about possible liquefaction effects of stream burial.  10 years ago during the
Northridge earthquake out here in California, several blocks in ray community sustained heavy damage.
These areas were built on the alluvial fill of nearby wet-season streams. The New Madrid eartlujuakes of
the early 1800*$ were widely felt in the Appalachian region, and that region was sparsely inhabited
compared to today.  The New Madrid fault structure is still active and many geologists feel it is capable of
producing a strong quake within the near future. I fear the impact of such a strong earthquake on the fill,
especially if its water table level is affected by "drowned stream" water.

California's Central Valley is miles deep in sediment from the Sierra Nevadas.  The soil is naturally
"rich" in selenium,  irrigation rimoffleaches the selenium. In the past, dry lakebeds have been used as
sumps to collect the irrigation runoff". Migratory birds using the lakebeds have been severely affected by
the selenium-contaminated water. I can oaly imagine the same thing would happen as water from buried
streams flows through ihe fill, and absorbs selenium from the mining remains. The only difference - and
a major one - is that unlike California, which docs sot use the selenium runoff, the Appalachian runoff
would be the  source of water for both people and wildlife downstream. This would cause severe
ecological and environmental consequences.

I do not support the Alternatives 1, 2 and 3 offered in the "Mountain-Top Mining and Valley Fill"
Environmental Impact Study. I don't feel they safeguard the water quality of the impacted communities,
I do not feel that the proposed changes take into consideration the evidence of environmental
consequences offered by credible scientific studies.

I thank you for the chance to let me and other citizens give input on this serious issue, and I trust you will
give our concerns your full consideration.

                                                       Sincerely
                                                       Michael A. Rotno
1-9
13-2-2
1-5
DeliveredDate: 01/16/2004 07:48:50 PM

Debw ROGKAID
890 Timber Lake Drive
Gumming, GA 30041

January 16, 2004

 John Forren
'US EPA (3EA30)
1650 Arch Street
Philadelphia, PA  19103

Dear Mr Forren,

I Oppose the Bash administration's intent to weaken and thereby cripple the current
Mountaintop Rernovitl Act. As American citizens, We are bound by heritage to protect
our environment.

Concerning the proposed weakening of the Mauntainfop Removal Act:  An economic
Study prepared as part of theEIS, shows that even under the most/restrictive scenarios
studied by the agencies, the economic costs of dramatically limiting the. size of valley
fills would be minimal, because:
       There would still be adequate eoal to supply the nation's energy needs;
       The price of electricity would not significantly increase; and
       The price of coal would increase by only about a dollar per ton, an
       amount eclipsed by the volatility of the market, (the price of coal has
       varied from SI'? to $40 per ton over the past two years).

In reference to the weakening of the Clean Water Act:

       Over 1200 miles of Appalachian streams have already beeti  eliminated by
       valley fills;
       Aquatic lifeforms downstream -of valley fills are. being
       harmed or killed; and
       Stream iChemistry monitoring -show,? significant increases in the concentration of
       selenium - a metalloid that  according to the EPA is highly toxic to aquatic life,
       even at relatively low concentrations downstream of tnountaintop removal mining
       and valley fill operations,

I am not necessarily opposed to mining. I work in the stone industry in Oeorgia;and
proudly descend from Appalachian coal miners.  There are. alternatives that must be
considered.
                                                                                                              1-10
                                                                                                             11-9-2
                                                                                                               5-5-2
MTM/VF Draft PEIS Public Comment Compendium
          A-1192
                                                                      Section A - Citizens

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                                                                                                                                                                                          RuthRosenthal
  Do not accept the unsubstantiated, argument that .this will cost jobs.

          Mountaintop/Surface mining accounts for 85% of all mining in Appalacbia at
          present.

          In 1998, mining accounted for 9.5% of jobs in WV; today it is less than 3% with
          mountaintop mining employing 0,5%.

  Please make- a positive stand on the side of protecting our nation's environment. Doing
  otherwise will cause irreversible harm to our  water, forests, and endanger tens of
  thousands of American citizens.

  Most Sincerely.

  Debra .Rookard
  890 Timber Lake Drive
  Forsyth County
  Gumming, GA 30041
  d_rookard @ adelphia. net
   Debra ROOKARD
11-1-2
                                                                                                            yt  J,
                                                                                                                                           REC'D BECO 12)113
                                                                                                                       Novenber24,2003
                               John Forren
                               U.S.E.P.A. (3BA30)
                               1650 Arch Street
                               Philadelphia, P. 19103

                               Dear Mr, Forren:
                                                                        Shal® Browasferia, Coaservafacm Chair
                                                                        limaean Society of New York
                                                                         15 W 77 Street
                                                                        New York, N.Y. 10024
                                                                                                                                                        re:mountain top mining/ valley fill DEIS
       The Liaiaeaii Sodety, i group of interested naturalists with more than 500 active
members, hopes f»r a moratorium on mountain top mining.

       The habitat destruction wrought by the proposed mountain top coal mining win
destroy thousands of acres of mature hardwood forest in Ohio, Pennsylvania, Virginia, and
Tefiiessee. There will certainly be immense damage to the Cerulean Warbler population.

       Awesome scenes of mountain top removal involve more than the disappearance
of the headwaters of mountain streams and the filling 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.

       TMi Appalachian region of the eastern United  States will suffer ugly pockets of
noise, dust, and disfigurement. The extensive losses already suffered will be greatly
extended in ways that win even more permanently alter the land. We think that the current
draft environmental impact statement has foiled properly to assess the impact of tbe future
changes, which are already being actively implemented.  The mining of the immense area in
this lashion is going forward without sustained serious consideration of the social and
ecologies! losses that follow in the wake of this one time removal of available coal,

       We plead for a moratorium.

       We hope that reflection will give time for us a)l to study the conflicting claims of
residents, visitors, and environmentalist's about the future of these irreplaceable mature
hardwood fcrests.
                                                                                                                              Only the imposition of a moratorium on the mining can offer the chance to
                                                                                                                       modify seriously the proposed coal extraction, which will change everything forever.
                                                                                                                                                 Sincerely
                                                                                                                                                                                ,  ~Xt*,
                                                                                                                                                                Linnaeanlociety of N.Y.
                                                                                                 L.
                                                                                                                            /0033
                                                                                                            8-2-2

                                                                                                            9-2-2



                                                                                                            9-4-2
                                                                                                                                                                                                     1-9
MTM/VF Draft PEiS Public Comment Compendium
          A-1193
                                                              Section A - Citizens

-------
June Rostan
                                                                                                  Greg Roth
    	Forwarded by David Ridet/R3/USEPA/US on 01/08/2004 01:58 PM	

               Southern
               Empowerment       To:    R3 Mountaintop@EPA
               Project         ce:
               

               01/06/200403:55
               PM

    	Original Message	
    From: Southern Empowerment Project
    To: mountaintop.r3@eps.gov
    Sent- Tuesday, January 06, 2004 11:13 AM
    Subject: mountainl.op removal regulations

    This message is for John Forran at the Enivronmental Protection Agency

    Dear Mr. Forran:

    1 have seen the ravages of mountaintop removal and know families whose lives have been
    disrupted by the devastation of this mining practice. I strongly encourage you and your agency to
    stand by your own studies and to oppose mountaintop removal, valley fills and any change in
    stream buffer zones. It does not make sense to spend tax dollars studying environmental
    practices and then lo do the opposite. It is up to your agency to protect our water, land and
    people's health.

    Thank you for your consideration.

    Jirde Rostan
    17522 Highway 95 North
    Greenback, TN 37742
1-9
1-10
I believe this is an extremely shoxtsighted approach to neet energy
needs.  I also believe  that  the motivation far exploding mountain tops
tc get at coal Is purely  driven foy extreme profit monger ing.  Coal
ccnipanies ainply want to  aave  ti>onsy on labor and n^v techwolor*:e^'
cost,
which would mitigate destruction  to the geoloay.   Coal ccrspanles
profiteer .1 rig .strategy is  aided and ab-et Led by Pres I tie at Geoxt^e W, Buah,
Vica-pro&ident Dick Cheney,  Interior -Secretary Gale Norton, ajxl her
second i n coirrmnad, Mr ,  St. i 1 es.  The apjpa 111 n(j envl ronrnnsl f". r«sck recof d
of these individuals speaks  voliimea against the notion of these
laissez-faire clowns stewardship  of Public Lands*  This mountain-top
detonation proposal is  an ugly violation of Public Trust.
                         Thank you in advance for accepting  chese  cotin«ents in opposi t ion tc
                         mountain tup ndoiny .
                                                                                                      1-9
                                                                                                            Flease  tabulate  my coitroents in opposition to this
MTM/VF Draft PEIS Public Comment Compendium
         A-1194
                                                              Section A - Citizens

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Lionel Ruberg
                                                                             Stephen Rudolph
         — Forwarded by David Rider/R3/USEPA/US on 01/08/200401:59 PM	

                    Lionel Ruberg
                               cc:
                                Subject: Comments on draft EIS on mountaintop
         removal mining
                    01/02/200403:45
                    PM
                              REC'D  JAN 2 S2M4


         January 2, 2004

         Mr. John Fortefl
         L.S. Environmental Protection Agency
         1650 Arch Street
         Philadelphia, PA 19103

         Dear John Forten,

         Mountain top removal is an atrocity. Your program makes you an
         accomplice.

         Sincerely,

         Lionel Ruberg
         Apt. D-113
         1382 Newtown-Langhome Rd.
         Newtown, PA 18940
         USA
1-9

                                                    /  at.
                                                                                                                                          //«0
                                                                                       1-9
                                                                                                                                                £.
MTM/VF Draft PEIS Public Comment Compendium
        A-1195
Section A - Citizens

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Steve Rutledge
                                                                                          Mark Van Ryzin
                                                   ft (J & u. S.T
US
                                                                                                                          Mark Van Ryzin
                                                                                                                          3233 Dupont Awnue South, Mtaae^olls, Minnesota SS408
                                                                                                                                                                               January 21,2004 04:40 PM
                   Mr, Joim Forrea
                   U.S. BPA (3EA30)
                   1630 Arch Street
                   PUladfilpM», PA 19103

                   Subject: Comments on Draft programmatic Environmental Impact Statement on monntaintop
                   removal coal raining
    
-------
Paul Sainato
                          Comments on Mountain Top Mining

              I do not understand the argument that coal mining is harming the economy,
       particularly in southeastern Kentucky. The facts show that there are a number of jobs
       directly created by the mining industry for operation  of the mines. Also, secondary
       industries have been established to support the mining industry.  To name a few,  these
       secondary industries include tracking companies that haul coal by contract,  machine
       shops that  supply and repair mining equipment, and engineering firms  that handle
       permitting and special projects. A tertiary industry of convenience stores, grocery stores,
       gas stations, and construction companies also share in the benefits of me coal industry in
       southeastern Kentucky. The argument  seems centered on removing the coal industry
       from the region.  Given this argument, what industry will replace the economic benefits
       of the mining industry once it leaves?

              The answer is that, eventually, the mineable coal will be depleted but it will take
       years ts do" so. Iri the meantime, enhancement of the property for human use will begin
       to build an economic infrastructure that can one day replace the economic benefits of the
       milling industry as coal resources are depleted. Flat land is at a premium in southeastern
       Kentucky and most industries that would be large enough  to successflilly operate in the
       region need flat land on which to build. The only way to provide this land is to allow the
       mining industry to leave the land flat for human use.

              Keep in mind while it is necessary to be conscious of the needs of the various
       species on this earth, the human species also needs an "environmental footprint" of its
       own to survive. We need space, materials, and energy sources as does any species.  We
       are no longer hunter-gatherers similar to other species and thus tend to live  in cities
       which require us to change the face of the earth. Cities require energy resources that are
       economical and,  given the proper circumstances, mountain  top mining is  the  most
       economical and efficient method of providing energy for the needs of the cities.

              In fact, the choice of mountain top removal is driven by the environmental and
       economic circumstances surrounding the particular  sjte. to be mined. Many  seams in
       southeastern Kentucky would not be mineable  without flic use of the mountain top
       removal method  due to market conditions.   Use of another method would be too
       expensive  and would  drive costs close to if not over the market price  of  the co&l
       produced.  The land owner who desires to have the coal removed would thus be frustrated
       in realizing the full value of the property. Furthermore, if the State docs not recognize
       the coal as unmineable, the land owner is subject to unmined coal taxes on the potential
       tons of reserves under the property. Mining companies arc  responsible to the land owner
       who leases the property to1 the company for mining in the most economical and efficient
       way possible.

              In summary, mountain top removal benefits the region by creating potential sites
       for  industry.  Some coal reserves could not be mined otherwise given the environmental
       and economic conditions and the mining company is responsible to the land owner to
       mine the coal as economically and  efficient as possible.  An unmined reserve is an
11-1-5
                                 opportunity lost for direct and Indirect support of tie local economy.  If mountain top
                                 mining is stopped when it should not be, fce price will be p«id by the local community
                                 and the owners of the land who wish to realize full value for their property.
Paul Sainato
3129 Comanche Trail
Lexington, Kentucky 40503
11-4-5
10-3-2
MTM/VF Draft PEIS Public Comment Compendium
          A-1197
                                                                                                                                                                                       Section A - Citizens

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Sue Ann Salmon
                                                                                                                   Manuel Sanchez
'REC'D
                                         P.O. Box 60S
                                         Madisonvilte, Kentucky 42431
                                         January 2,2004

John Forrcn
U.S. EPA (3ES30)
1650 Arch Street
Philadelphia, PA 19103

Rs: Mountaintop Removal/Valley Fill BIS public comment

Dear Mr. Forren:
I oppose motffitaitttop removal and valley fills and any change in the buffer zone rule.
The federal government's own scientific studies demonstrate adverse environnwaal
impacts from moantaintop removal operations and excess spoil valley 611s. Why is the
government ignoring their studies that support protections for people and the
environment? As & citizen and taxpayer, I am outraged at this irresponsible behavior!

The rich ecosystems of Appalachia need protection and prohibition of any future
mountaintop removal operations. I understand dial 300,000 acres of valuable hardwood
forests in Appalachk already have been turned into barren wasteland by this wasteful
mining practice, and Marly 2,000 mites of streams across the Centra! Appalachian region
have been buried or impacted already by valley fills.

How can our government be serious about homeland security and the sanctity of human
life when it allows this rampant destruction not only offish and wildlife, but whole
communities, state and local economies, and countless human lives? At least tea people
drowned this week in West Virginia from flooding exacerbated by mountatatop removal
and valley fill destruction of their natural ecosystems!

It is shameful that our federal government is proposing to allow more mountaintop
removal with even less protection for communities than has been provided the past 25
years under the Clean Water Act, Surface Mining Control and Reclamation Act, and the
Endangered Species Act. It makes no sense for the EPA allow the 25-year-old buffer
zone protection around streams now to be removed.

The federal government should restore provide strong protections for the people and our
land: the EPA needs to increase buffer zones rather than abolishing thorn! And
mountaintop removal and valley fill methods of coal mining immediately thould be
banned.
                                        Sincerely,
                                                                                           1-9
                                                                                           1-10
                                                                                                                         	Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM -—

                                                                                                                                        "stiidmanl82@msfl.c
                                                                                                                                        om" 
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Bennett Sawyers
                                                                Ashlee Saylor
                                                               5-1-2
              P«ir Mr.


                    iwtke
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                 prevent
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                                                                                                                                      I 1003
           1-9
                                                                      1-10
MTM/VF Draft PEIS Public Comment Compendium
A-1199
Section A - Citizens

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Abraham Scarr
                                                                                       Paul Schaefer
   —- Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM -—

               abe scarf
                           cc:
                             Subject: Mountaintop Removal
               01/05/200409:56
               PM
                         Forwarded by David Rider/R3/USEPA/US on 01/12/2004 02:45 PM	
                         zone"  rule chanaes
                                              Paul & Trudi
                                              Schaeler
                                                                               R3
   To Mr Fotten and the EPA,

   As a native Kentuddan who values clean water and the ecological integrety of the
   Appalachains, 1 am opposed to motmtaiatop removal mining and valley fills,

   I am opposed to snaj changes that would weaken the laws and regulations that protect
   clean water. In particular, I oppose the proposal to change the stream buffer zone rule
   that prohibits mining activity within 100 feet of streams. I do not support Alternatives
   #1, 2 ot 3 contained within the EIS report. None of these options will protect our
   water or oxir communities.

   Abraham Scarr
   68 New Ocean St
   Swampscott MA 01907
1-9

1-10
1-5
   Do you Yahoo!?
   Yahoo! I lot jobs: Enter the "Signing Bonus'* Sweepstakes
   http://hotjobs. sweepstakes .yahao.com/signingbonus
to;  John  Forren
US EPA
Please note  that 1 am OKtr^moly opposed to E.VA proposals to disregard
the cur rent,  "buffer zone" rule protecting streams  frosts the impacts of
coal rrtinlng, including the removal of mcyntaintops and subsequent
valley
fills.
This atlmi n 1st ration will ao down in inf arsy for many reasons.  Please do
your part to ensure that such 1 .s not. the case in th 13 vsry trsporfant
instance of environmental protection.
                                                                                               1-10
MTM/VF Draft PEIS Public Comment Compendium
         A-1200
                                                        Section A - Citizens

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Kenny Schmidt
      Mr. John Forren
      USEPA(3ES30)
      1650 Arch Street
      Philadelphia, PA  19103

      RE:    MOUNTAIN TOP MINING/VALLEY PILL DRAFT BIS
             Response to Call for Public Comment
JUL
      Dear Mr. Forren:

            I am a resident of Pike County, Kentucky, and am presently employed in the coal
      industry. Therefore, I have been following carefully the EPA's review of the valley fill
      issue in Central Appalachia. I continue to be amazed at how this issue has been distorted
      and politicized by Keatuekians for the Commonwealth ("KFTC").
            The KFTC would have one believe that every mounteintop in Central AppalacMa
      has been, is being, or soon will be affected by the MTR method of surface coal mining.
      Nothing could be farther from the truth.  A helicopter tour of Central Appalachia will
      show that only a small percentage of mountamtop lands has been affected.  Secondly,
      barring a substantial change in coal market prices, very few of the vast number of
      unaffected mountaiatops will ever be economically feasible to develop by the MTR
      method of surface coal mining.  I can personally vouch for this fact since my most
      important job duty is to identify and acquire economically prospective MTR candidate*
      in the 5 easternmost counties in Kentucky and 1 have not been very successful in this
      endeavor. In fact, I know of less than a dozen mountaintops that represent eeonomicrily
      viable MTR targets. Put simply, the coal industry does not have a vast number of viable
      MTR targets to consider.
            Most of the remaining viable MTR targets are in close proximity to existing MTR
      mining areas. The Brushy Creek watershed of Pike County is the most
      densely/extensively developed MTR mining area that I am aware of in Central
      Appalachia and it will be completely mined out in about 3 years. I am of the informed
      and experienced opinion that MTR mining will likely naturally (due to economic
      realities) "phase out" of the five eastern Kentucky counties in less than 10 yearn.
            No reasonable and informed person would dispute KFTC's claims that the» are
      some adverse environmental and societal impacts associated with MTR mining and
      associated valley fills. However, the impacts (which I am very familiar with) are not
      even close to the magnitude claimed by KFTC. The dust and blast vibration impacts on
      persons residing near MTR projects are real and unavoidable. Presently, such dust  and
      blast vibration impacts are handled by the damage claim process (between coal operator
      and complainant) or judicial court system. The claims of damages to water wells are
      mostly bogus since blasting on top of a mountain is not capable of "staking" a water well
      in alluvium separated by usually 800 feet or more sttatigraphically from the lowest
      stratum being blasted. The environmental impacts we primarily a temporary loss of
      vegetative cover and a significant topographic reconfiguration (usually to more subdued
      slopes).  The headwaters of hollows which are used as valley fill sites are the least
      sensitive riparian areas in the entire watershed due to ephemeral nature of their water
      supply and lack of true stream channel flora/fauna.
      11-8-5
      16-3-5


     7-5-2

      14-3-2
       In reality, the impacts of MTR surface cod mining are no different or greater in
Inherent environmental riskt and damages than any large ewthmovteg operation (e.g.
construction of highways, school sites, airports, subdivisions, etc.). In fact, MTR mining
is unique from other earthmoving operations in that its resultant impacts are all temporary
in nature (usually with Ml revegetation completed in less than a decade from original
disturbance), whereas most other earthmovtag projects result in a permanent removal of
"green space" from the planet.
       To sum up, a reasoned analysis of the MTR/Valley Fill issue will conclude that
the societal benefits of MTR mining (energy production, job creation, tax generation,
land use versatility, etc.) offset the temporary impacts on neighboring residences and on
unimproved forestlands.  This is the same reasoning our ancestors and our current society
have used to develop this country for the benefit of all.  On this side of heaven, we must
wisely and responsibly use our natural resources to sustain our weD being. Without
natural resource development (coal, natural gas, timber), there is no real economic future
for Central Appalachia other than a place for mostly non-resident KFTC members to
come visit to buy a quilt or drive through (on newly constructed and permanent 4-lane
highways) to look at the Autumn leaves.
       If EPA  believes that KFTC's "worldview" is correct and MTR mining (with
valley fills) should be prohibited due to excessive societal costs, then the EIS needs to
reflect the huge costs that would have to be borne by society to compensate coal owners
and surface owners for the loss of their economic asset. In other words, a Federal
government decision to prohibit MTR mining (with valley fills) would be tantamount to a
government "taking" (i.e. condemnation) of the real property of countless coal and
surface owners in Central Appalachia, Remember that no MTR mining can take place
without the coal operator reaching an economic agreement with the surface owner.  So a
prohibition of MTR mining (with valley fills) would not only deny coal owners of their
real property rights, but surface owners also. Therefore, the Final EIS should clearly
identify that any alternative involving a prohibition of valley fills would likely subject the
federal government to a huge financial exposure for the resultant taking of private real
property development rights. If you will research the Congressional Record behind the
Surface Mining Control and Reclamation Act of 1977, you will find that Congress
recognized that imposing significant limitations and restrictions on the methods of coal
mining amounted to a taking of real property rights and therefore developed statutory
protections of these "valid existing rights". Therefore, I believe the Final EIS should
strongly consider real property development fights of surface and coal owners when
weighing the pros/cons of the various decision alternatives
      Thank you for the opportunity to offer this comment. I can be reached at (606)
432-7571 should you have any questions.
Sincerely,
                                  Kenny Schmidt
                                  130 Evan St
                                  Pike-wile, KY 41501
                                                                                                                   9-1-2
                                                                                                                   9-4-2
                                                                                                                   11-3-5
MTM/VF Draft PEIS Public Comment Compendium
                A-1201
                                                                 Section A - Citizens

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Betty Schnaar
                                                                    Dave Schuett-Homes
                                                                            1-10
          Dave  Schuett-Homes
          City:  Olympic.
          Date:  12/30/Z003
          State; WA   23p;   985G2

          I am wtiliiig concerning the draft BIS on by mountaintop removal coal mining. The
          environmental aiid ecattorniWj;
MTM/VF Draft PEIS Public Comment Compendium
A-1202
Section A - Citizens

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Rose Alma Schuler
                                                                                                                      Lance Eric Schultz
                                        SIS  Nerinx  Road
                                        Nerinx,  KY   40049
                                        January  2,  2004
           John  Forren
           U.S.  EPA  (ES30)
           Philadelphia PA

           Dear  Mr.  Forren,
19103
            I oppose mountaintop  removal, valley
            fills  and  any  change  in  the  buffer
            zone rule.    I  am  disappointed and angry
            that  the federal  government  ignored its
            own studies  when  it proposed weakening
            rather  than  strengthening,  protections
            for people and the  environment.

            Of  all  the destructive mining methods
            ever,  this is  surely  the most
            blatantly  destructive mining method
            ever.

                                Respectfully yours,
                                      11-9


                                       1-10




                                       1-9
                                Rose  Alma Schuler
                                                                   — Forwarded by David Rider/R3/US£PMJS on 01«tf2004 01:68 Ptt —

                                                                            "Sohultz, Lance"
                                                                                    oc:
                                                                                       Subject: Fact & Comment
                                                                            01O6I2004 10:04
                                                                            AM
Tuesday January 6, 2004

John Forren
Public Comment- U.S. EPA. (3EA30S,
1650 Arch Street
Philadelphia, PA 19103

Dear Mr. Forren:

All modern economic activity begins with energy. It is the difference
between the misery of subsistence and the prosperity of a comfortable
standard of Jiving - our standard of iiving ~ the envy of the world. The
use of energy, which supports work, creates wealth, expands life.

      Low-cost, abundant energy is at the cornerstone of our
advancement. It has teen the central ingredient in our ration's
prolonged industrial development, especially that of electric power.

Frankly, no other alternative energy source exists to provide the worid
a commensurate level of economic benefit as a product of the capital
investment expended. However, those of us within the mining indusfry
have held consecrate the responsibility of faithful stewardship we hold
to the future generations of West Virginian's to maintain ihe integrity
and beauty of our state's natural heritage. We take this responsibility
very seriously. To date, less than 1 % of the total land mass in West
Virginia has been affected by mountaintop mining and yet most people are
led to believe claims that half of the mountains in the state have been
irrevocably harmed as a result of the practice. The fact remains that
not one fragment of codified empirical evidence exists to suggest that
this practice invokes actual harm to the environment How can we
continue to allow the shallow vacuous claims of the environmental
extremists to take primacy over the economic well being of the citizens
of our state?

However, certain issues if adopted, could cripple our ability to compete
in the global marketplace where West Virginia coal presently represents
50% of world exports. Specifically, I must take issue with the proposed
'tightening" of the buffer zone around valley fills. If the decision is
made to Incorporate valley fills in applying buffer zone regulatory
                                                                                                                                                                      1-11
                                                                                                                                                                      1-12
MTM/VF Draft PEIS Public Comment Compendium
                                               A-1203
                                                  Section A - Citizens

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                                                                                                                 Lauren Schwartz
                boundaries, then the coal industry in West Virginia will surely cease to
                exist.

                In addition, a convincing argument has not been provided as to why it is
                necessary for a duplication of efforts to exist within the consent
                decree for related personnel overlapping in their professional
                capacities This additional layer of regulatory filtration will only
                serve to magnify and lengthen the permitting process, which has already
                produced a stranglehold on the southern coal belt economy.

                As a lifelong West Virginia resident I am deeply concerned that the
                average West Virginian cannot contemplate the severe negative
                implications abandoning the practice of mountaintop removal would have
                on their lives. There are 60,000 direct jobs and over 400,000 spin off
                jobs supported by West Virginia's mining operations. What no one informs
                them is without the practice West Virginians could expect to pay
                astronomically higher utiiity bills. We could forget economic
                development, as companies such as Toyota would never come to West
                Virginia without low cost electricity they require for their
                manufacturing processes. We could expect to bankrupt our state
                government and to prepare for the mass exodus of West Virginians forced
                to find gainful employment in other regions of the country from the fact
                no employment in West Virginia will exist to continue to support the
                450,000 of us engaged in the practice of responsibly extracting coal
                from the mountains of this state.

                It would be a reprehensible and callous disregard for human life In the
                state of West Virginia to abolish the practice of valley fill
                mountaintop mining. I appreciate your offering to listen to the many
                points of this foreboding matter and the consequences by which your
                ruling will bestow on the lives and futures of all West Virginians.

                Sincerely I arn,
                Lance Eric Schultz
                Route 2 Box 68A
                Hamlin, WV 25523
                                                              6?j -fkt.
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Bruce Scott
                                                                                                                                                                                        William Scott
January 5,2004

Mr. John Forren
U.S.BPA(3EA30)
1650 An* Street
Philadelphia, PA 19103
                                                                   'D JAN 8
            DearMr. Forrea:

            I am writing to express my dismay at the three recommendations proposed for the BIS for
            Mountaintop Mining and Valley Fills in Appalacliia, and the weakening of existing
            protections in your "status quo" alternative.

            The notion that the Clean Water Act permits valley fills is absurd.  There is no scientific
            evidence whatsoever that these extreme and pensaaest industrial scale disruptions of
            Appalachian topography can be accomplished without irreparable harm to the waterways
            of the ana and the wildlife that depend on them. Similarly, there is scant evidence that
            these disruptions have any enduring social or economic benefit to a significant proportion
            of the people who live in Appal aohia that might mitigate the iiTeparable liatm that is
            being done.

            The Environmental Protection Agency mint enforce rules that end industrial scale
            Mountaintop Mining and Valley Fills. The alternatives you propose perpetuate the
            practice in the &cc of scientific evidence that it harms tie environment that your agency
            is charged with protecting.
                    yours,
               e W.Scott
            122 H West Sttte Stteet
            Frankfort, KY 40601
                                                                              1-5
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                                                                                                                                                                                                            1-10
                                                                                                                                                                                                            1-5
MTMA/F Draft PEIS Public Comment Compendium
                                                                                          A-1205
Section A - Citizens

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Jason Scullion
                                                                                         Robert Seaver
             Jason Scullion
                                        ec:
                                            Subject:  Stop mountain top .mining
                            08/18/0308:51 PM
I am writing to express my absolute opposition
to further mountain top mining. This program of
wholesale environmental destruction must end. I
am appalled that the EPA can sit by while
ecosystem after ecosystem is plowed into
oblivion.  I encourage  this project to be
stopped immediately.
Sincerely,
Jason Scullion
                                                                                          1-9
                                                                                                                                                                                    JAM
                        January 10,2QG4

                        Mr. John Forren
                        U.S,HPA(3EA30)
                        1650 Arch St.
                        Philadelphia, PA 19103

                        Dear Mr. Forren:

                        1 am writing regarding the moiaitaitttop removal mining EIS, As you are well tware, the
                        purpose of the EIS was "to consider dev&loping agency policies, gtadtmcs, an4
                        coorditmted agsncy decision'^naking processes to minimize, to the maximum extettt
                        practicable, the adverse mmmnmental effects,. .from moantaintap mining.* Thus it
                        is deeply disappointing to seethe proposed weakening, rather than strengthening, of the
                        rules and policies related to moiinlaintop removal mining. In particular, the proposal to
                        change the stream buffer zone rule that prohibits mining activity withte 100 feet of
                        streams is deeply troubling, and I oppose it. This rule should be strictly enforced for
                        valley 01ts and in ail other cases.

                        1 urge you to recall the original purpose of the EIS mid the BFA's mission, and to seek
                        rules that are consistent with both. The laws, regulations and policies related to
                        mountaintop removal mining and valley fills and that prelect clean water must not be
                        weakened, but instead must be strengthened.
                                                                                                                                                                                                       1-10
              Care2 make the world greener!
              I lelp the planet each day! It's free and easy:
              http://www.Care2.com/dailyaction/
                                                                                                                            Sincerely,
                        Robert Seaver
                        l«NewtaySt.,#3
                        Boston MA 02116
MTM/VF Draft PEIS Public Comment Compendium
A-1206
                                                                                                                                                                          Section A - Citizens

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Linda Sekura
                                                                                                    Danny Sergent
   	Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:52 PM —-

                'LSekura@aol,com
                               To;     R3 Mountaintop@RPA
                01/03/200402:07      cc:
                PM             Subject: MTR EIS - Comments

   Are you kidding ?


   Someone did a lot of work on this document, but something went terribly wcong. This EIS
   is unacceptable and needs to be redone ot revised.


   For example, this EIS doesn't stop or restrict valley fills.  Why not? It also suggests cevecsing
   a law that protects streams.  Why would die EPA do that? Doesn't EPA stand for
   "Environmental PROTECTION Agency" ?  Please help me understand what is gpingon
   here. This EIS doesn't, protect the environment,


   The EIS admits that; the environmental effects of .MTR are devastating and irreversible.
   But the EIS suggestions (alternatives) appear to be only in favor of coal companies, not in
   the spirit of environmental protection. Why is that?


   The EIS talks about further studies on the economic effects for the coal mining industry.
   This is an ENVIRONMENTAL impact statement, not an industry impact statement
   I am very concerned at the tenor oi this document


   "llie HIS need to be reviewed and revised by those with biological expertise. lliose most
   familiar with aquatic and terrestrial ecology, biochemistry, hydrology, etc.  People with an in-
   depth knowledge? of how the natural world's processes react, heal, etc. These same people
   need to make suggestions on alternatives,  1 can help and J know many organizations that
   can help.


   Please call or email, or ask someone to contact me to answer the above questions.  It might
   be easiest if you could provide 2-3 contact names. Please include those  who can authorise
   alternatives to the HIS.

   Please put a hold on all mountain top removal practices until this is resolved.  Many people
   have died or lost their homes already. Not to mention the wild flora & tauna, and die
   mountains  that belong to all -permanently gone. People are going to start thinking the EPA
   believes this is acceptable.


   Thank you,
   Linda Sekura
   216-663-1876
4-2
                           Mr. John Forrcn
                           U A aMroannBiJaJ fteteeioB Ageney 0^0)
                           1650 Arch Street
                           Philadelphia, PA 19103

                           Dear Mr. Forren:
                                                                             ,  3
I Hve in eastern Kentucky, la this region we experience the negative impacts of mining every day. Many
of us have wa^er wells that have rua dry or turned orange or black due to snaing. Mote tfaast 1,200 miles
of our headwater streams have been buried or destroyed by valley fills. Almost 7 percent of out forests
have been — or will soon be - leveled by motiataiatop removal. Hooding in oar communities is
iacwasiagly common and severe* We fear the day whea the sludge poads above our homes break - as
they did m Martin County, KY in 2000—burying as 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. Them are laws on the books to protect deaa water, public safety and the
cnvironmen L It is perfectly clem1 that mountaintop removal aad valley fills art a violate of the federal
Oeas Water Act and the Surface Mitring Control aad Reclamation Act. These practices should be
baaaed. Hie coal industry most not be allowed to destroy oar homeland.

The draft Environmental Impact Statement on motiataiMop removal tad valley fills is a dangerous gift
from the Bush administration to the coal Industry. Instead of recommending ways to stop the
destruction, the HS proposes ways to make it easier for eoai companies to levd our mountain s, bury our
streams, and wreck our homeland. This is sbamcfulaiid wrong,

I know first hand the terrible impacts  of mounUintop removal and valley fills. 1 also believe we can
build a better future for eastern Kentucky. We ram lave clean streams and & healthy forest and restore
oar 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 uow.

Trice a staad. Enforce the law. Baa moiistaiatQ|) removal and valley mis. Stop the coal Isdaslry from
destroying everything that we vahie most Start maMng chcaoes that win benefit our children astid youts.
                                                                                                              1-9
                                                                                                              1-10
                                                                                                              1-9
MTM/VF Draft PEIS Public Comment Compendium
         A-1207
                                                                   Section A - Citizens

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Price Sewell
                                                                                              DinkShackleford
  01/06/04
  I am a concerned citizen in Lexington, KY, I have browsed the Draft EIS for mountaintop
  removal coal mining. My perception is thai the EIS does little if anything to limit this destructive
  practice.  In fact it seems to make mountaintop removal mining permits easier to obtain while not
  limiting the extent of their environmental damage. 1 strongly urge, you to amend this document to
  include measures that truly and strongly limit this type of mining procedure, Any EPA EIS
  governing mountaintop removal mining should include strict;language limiting the extent of
  valley fills and limiting the acreage of forest take. Language tying any permitted entity to
  specific mitigation measures (like stream, restoration ratios and requirements) should be included.
  Mountain tops in Appalachia provide habitat for a number Of wildlife species that are in danger
  of extinctions Some of these species occur nowhere else. Federally listed threatened  and
  endangered species that occur in these habitats include the Indiana bat, the Virginia bit-eared bat,
  the Cumberland blackside dace, and others* In addition a number of non~listed species that are in
  equal or greater danger of extinction, like the Pine Mountain disk, also occur. Although the listed
  species receive a modicum of protection through the Endangered Species Act, these species are
  still in decline chiefly due to habitat destruction. Non-listed species, which are equally
  endangered, receive no protection. The EIS should mare strictly limit or stop mountaintop
  removal in areas where federally listed threatened and endangered species are known ot have.the
  potential to occur. The EIS should contain measures to help protect rare species that have not yet
  been listed. 'Die destruction of mountaintops in Appalachia from mountaintop removal is not
  contained to the footprint of the direct impact This mining procedure creates near ecological
  deserts thact as a barrier to the flow of genetic material along ridgetops. They act to  isolate gene
  pools. Without (his (low of genetic material between Wildlife populations, the fitness of fiilure
  generations is weakened. Sedimentation aid toxic pollutants released from mining processes
  transport downstream, decreasing diversity throughout a watershed, tiotjust at.the site of mining:
  activity. As natural mountaintop communities continue to disappear, they need to be .granted
  greater protection, not opened up for faster destruction. The EPA's EIS for mountaintop removal
  coal mining needs to include language limiting the size of valley .fills, limiting the destruction of
  forests and more strongly protecting habitat for rare wildlife. Thank you, Price Sewell
1-10
8-1-2
                    FIS PUBLIC HEARING STATEMENT
                                July 22,2003
                              Hazard, Kentucky

        I would like to thank this Committee for the opportunity to submit
  comments concerning the Draft Programmatic Environmental impact Statement.
  I am Dink Shaekleford, Executive Director of the Virginia Mining Association
  (VMA).  VMA represents over 70% of all the coal mined in Virginia. We are
  comprised of more than 70 members made up of coal producers and various
  vendors and suppliers who provide services to the coal mining industry. In short
  we represent thousands of hard working coal mining, tax paying citizens, their
  families and companies in Virginia,
        With regard to the proposed EIS, any changes to existing rules need to be
  considerate of potential ramifications that hinder the mining industry's ability to
  provide the economical energy demanded by the American public. The Virginia
  coal mining industry has demonstrated itself as capable to mine coal responsibly
  while providing lands suitable for a di versa range of activities. Level lands
  suitable for facilities suoh as hospitals, schools, shopping centers as well as farm
  and timber production have been developed through mining in Virginia. VMA is
  concerned that (he proposed rules will drastically inhibit future development of
  level lands in Southwest Virginia through mining.
        For decades professional planners have declared the number one problem
  that hinders economical development in the Central Appalachians is 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 within 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 region in both
  the short and long run. In Virginia 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.
        The regulation of mining does not need to be made more cumbersome by
  multiple federal agency bureaucratic regulations. The more overlapping and the
  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 further dismisses all the empirical environmental progress
 made by our efforts to protect the environment and create usable land in the tost
 20 years.  In short this regulatory act could be one huge step backwards.
 Thank you once again for allowing our comments to be heard, VMA and its
. members are proud to be part of this process and to be providing economical
 energy to millions of Americans.
                                                                                                            10-3-2
                                                                                                           10-3-2
                                                                                                                                                                                                       1-12
MTM/VF Draft PEIS Public Comment Compendium
        A-1208
                                                              Section A - Citizens

-------
Justine Sharp
                                                                                                                                                                                WaltSharpe
                                                Mr.JohnForren
                                                   U.S. EPA
                                                 1650 Arch St
                                             Philadelphia, PA 19103
                                          Bmafl- nn«
  1 oppose the practice of mountaintop removal mining. This mining is destroying our
 communities, homes and lives. We are constantly flooded, is 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 ft rains this
  makes our rescue personal useless to us.  Our tax dollars an what fees all the mess
  caused by the mining going on around us. No wonder mining is so profitable we as
 citizens pick up the bill on the devastation caused by the mine companies.  Please stop
 this insanity its killing out entire communities. Not to mention the efifects it's having on
 our environment Tae habitats of our animals are destroyed, running the wildlife away.
 Our streams are filled with rock that the mine  companies pie into these valley fills. The
   waters get up 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 
-------
Sue Sharps
                                                                                         Barrett Sherwood
Mr. John Fowsn, US EPA                                     JBE C ' D AW 2
1650 Arch Street                                         .,  — _              . A tiifi'
Philadelphia, PA 19103                                 (  i'; fiEC'D At« 11 2NI

Aug. 12,2003

Dear Mr. Forren,

I am writing you regarding the recommendations in the EIS Statement.  It is so easy for people
who don't five in the shadow of mountain top removal to make recommendations that have
absolutely no aflect on their lives.  You don't see the devastation caused by flooding and you
don't live with the fear generated by a rainstorm. The heritage of the people livingm these areas
isn't inportant to you. Yes, a home or vehicle test in a flood can be replaced, but the things that
are part of a femlry's heritage can never be replaced. It might be a &mUy Bible, handed down
through several generations, maybe a lace tablecloth made by a great-great grandparent, these
things can never be replaced.

I understand that flooding sometimes occurs, that is part of life.  Automobile accidents are also a
part of life, but flooding caused by moimtaintop removal is not an accident any more than a drunk
behind the wheel of a car is an accident  If you driak and drive and have a wreck it is your fault
because you knew better. Flooding caused by mountaintop removal and kx enforcement of the
law is not an accident either because common sense tells you tfyott remove the trees from a
mountain there is nothing there to hold the water back.

We were here long before the coal companies. We are not allowed to trespass on their property
or do them any harm yet everyday the government, state and federal, allows them to trespass in
our lives. They pollute our streams and rivers and nothing is done about it. (If I am caught
dumping something in the river I would be arrested.) They fill the air we breathe with coal dust.
The blasting they do for these MTR sites damages our hones and tether pollutes the air. When
the forests and mountains are destroyed no amount of "reclamation" can ever replace them. The
wildlife is gone because the hardwood forests are gone.

In years to come, when the dust settles and the coal and coal companies are gone, what will be
left? Barren, useless land that is unfit for anything. Streams wffl be choked with the chemicals
and waste from the coal companies. Our land wffl be useless, the air and water wffl be polluted
our heritage wil be gone. Can you guess what else will  also be gone? The coal companies of
The recommendations set forth fa the EIS report do nothing to protect the people, only the coal
companies.  To allow the permitting to be streamline is insane. It is like giving alcohol and car
keys to a drunk.

Sue Sharps
Box 52
Peytona,WV25154
(304-836-5975)
                                                                                     17-2-2
                                                                                     15-1-2
                                                                                     19-3-2
1-5
                     Delivered Date: 01/15/2004 OS:1?:2». PM

                     Mr.. John Forren
                     U.S, EPA (3EA30)
                     165Q Arch Street
                     Philadelphia, PA 19103

                     Dear Mr. Forren,

                     I think'it's common knowledge on both sides of the political aisle that the Bush
                     Administration Is not. exactly eco-friendly. Howe vet, given their plans to continue to let
                     coal companies destroy Appaladua with mining practices that level monntaintops, wipe
                     out forests, bury streams .and destroy communities is both ruthless and reckless.

                     While the. issue before us is the, tnountaintop clearing, the coal industry is what I'm most
                     concerned about. With dangerous levels of mercury already-in the atmosphere, it seems
                     terribly irresponsible to encourage any measures which will lead to greater .accumulations
                     of this toxin in our alt and water.

                     By allowing the stripmining, we will pay a dear price twice.  Please urge the
                     administration to "seek alternative measures to this dangerous and irresponsible action.

                     Sincerely,

                     Barrett Sherwood
                     1013 Keniston Ave.
                     Los Angeles, California 90019
                                                                                                          Senator Barbara Boxer
                                                                                                          Representative Diane Watson
                                                                                                          Senator Dianne Feinstein
                                                                                                                                                                                               1-9
 MTM/VF Draft PEIS Public Comment Compendium
         A-1210
                                                                                                                                                                             Section A - Citizens

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Susan Shriner
                                                                               June Silverman
         —- Forwarded by David Ridet/R3/USEPA/US on 01/08/2004 01:59 PM	

                      "shriner@cnr.colo
                      state.edu"        To:     R3 Motintaintop@EPA
                      
-------
Willis Simms
                                              — o 
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Pat Simpson
                                                                          GarySkutaik
                                REC'DJAN23
              no*-
              flb  «.
                                                      J-
         -To
                                          i-  0\
                                                             ^ '
                U-
                                                                         1-9
                                                                                             Date: 01/05/2004 03:59:48 PM
            lam writing fa express my opposition to mountaintop removal for coal mining ia the
            eastern United States. Scientific evidence shows this practice to be harmful to the natural
            ecosystem, including rivers and streams, as well as local human communities. I urge the
            EPA to conduct a full study of the (natter and uphold the most stringent standards
            possible when considering this destructive process.

            Gary Skutaik
            116Q9GilsanSt
            Silver Spring, MD 20902
            301-734-2642
                                                                                                                                                                      1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1213
Section A - Citizens

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Deana Smith
                                                                                   Donna Smith
                                    REC'CTJANfl
                       Deana Steiner Smith
                        HC 78 Box 99A1
                      Rock Cave, WV 26E34

Mr. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103

January 3, 2004

Dear Mr. Forren,

I  recently reviewed parts of the EIS study on Mountain Top Removal.  The
report verifies that the practice of Mountain Top Removal is severe and
irreversible, permanently destroying millions  of  acres of land supporting
forests, streams, wildlife and communities.  Yet instead of imposing
limits on environmental harm, the EIS recommends practices such as
streamlining permits,  eliminating the 100 foot stream buffer zone,
neglects studies that support the reduction in the size of valley fills and
ignores the devastating effect Mountain Top Removal has upon nearby
communities.

I  have had the  opportunity to fly over Mountain Top Removal sites several
times. The annihilation of such a vast area is quits dramatic from the air.
Rolling hills disappear leaving only rubble and disturbed earth.  The
questionable practice of burying headwater streams, the destruction of
diverse forest land and the  elimination of communities is contrary to
living  a life of substance and relevance in West Virginia.

I  would like to  request strong limitations on the burying of headwater
streams; reduce the size of  valley fills and not weakening the 100 foot
stream buffer zone.

Thank you.

Sincerely,
                                                                                                    Donna Smith
                                                                                                    Date:  l/Oi/2004
                                                                                                    City: .Lake City
                                                                                                    State;  TN
                                                                                                    Zip:   37769

                                                                                                    Appalaehia. is my home. It is the home of my ancestors. Coal-mining was the way my
                                                                                                    father and grandfather made a living. But I am upset to learn that the Bush administration
                                                                                                    plans to continue to let- coal companies destroy Appalaehia with mining practices that
                                                                                                    level mountaintops, wipe out forests, bury streams, and destroy communities.

                                                                                                    Communities:near me can not drink their well water because of previous .coal-mining
                                                                                                    practices. Yet, the coal companies don't provide the financial means for waterlines to be
                                                                                                    extended to these people. The local governments can not afford this expense.either, so the
                                                                                                    people.in these communities must transport water to their homes.
                                                                                           5-2-2
                                                                                   1-10
              Deana Steiner Smith
MTM/VF Draft PEIS Public Comment Compendium
A-1214
                                                                                                                                                       Section A - Citizens

-------
Ellen Smith
                                                                                         Eric Smith
  Date: 01/06/2004 04:43:59 PM

  As an environmental ge&logist with professional experience in the NEPA process, I am
  deeply disappointed with this draft BIS.

  The EIS does not address the full range of reasonable alternatives,:as required by the.
  CEQ regulations. The BIS should have
  considered — and EPA should have preferred" — the alternative of significantly restricting
  the devastating practice of removing
  mountaintops and filling valleys in order to access coal.

  Having lived over 20 years near the Tennessee and Kentucky coalfields, I have seen toft
  many of the adverse impacts of conventional
  striprffiining for coal, but the impacts of mountaintop removal mining are even more
  severe and irreversible.  Environmentally
  damaging practices that would not be dreamed of in any other sector of our economy
  seem to be commonplace — and even encouraged—
  in cpal-mining. This is wrong. Mine operators should not be allowed to obliterate streams
  and annihilate entire landscapes to
  access coal.

  The BBS analysis clearly demonstrates the adverse:impacts of this mining practice. Please
  prepare a revised draft BIS that
  considers  the alternative of prohibiting new mountaintop removal and valley fill
  operations, and stopping the existing ones within
  5 years or by the expiration of the current  mining permits — and please .select this
  alternative.

  Ellen D. Smith
  116 Morningside Drive
  Oak Ridge, Tennessee 37830
4-2
 1-9
                                          .REC'D DEC 2
                                                                   If, too'*,
T/gar  Hr  /£sr&

    
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John Smith
                                                                                                                                   Jonathan Smuck
                                                                                                                                              ff      *>
 John W. Smith, Political Scientist
 Date:  1/16/2004
 City:   Beverly Hills State: MI
Sp:   48025
      CuJL
  As an author writing a book on the political geography of Michigan and more especially
  the Upper Peninsula, I have seen the devastation of copper and iron mining conducted
  without environmental guideline* protecting steams flowing into Lake Superior
  especially in Ontonagon and Kewanaw Counties, West Virginia has coals but the open pit
  milling long-term outcomes are analogous, I am opposed to allowing operations to cut
  overburden without explicit restoration protocols to safeguard future generations. In
  Michigan's case, we are that generation. The draft'Environmental Impact Statement.
  should retain the rule making it illegal for mining activities to disturb areas the impact
  adjacent streams.
                                              14-2-2
                       cd X^e,  OA^er I/L$&  il ' -

     /Of^mAnj^y J-4-*HS*e. ot-av^e- £~j
     CT               £7           (/
^'V>LX-*-t>Mn^ -
                                                                                                               tf**l*#rtn*&^J&,.
                                                                                                                      \J
                                                                                                                                              1-9
                                                                                                                                                                   fi-J-.
MTMA/F Draft PEIS Public Comment Compendium
                                                       A-1216
                                                  Section A - Citizens

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                                                                                                                                                                          Susan Sobkoviak
                                                                                                          214RocHdegeDr.
                                                                                                                   25143
                                                                                                          August 13, 2003
                                                »i/
                                                  /
                                      »»*
                       r«-
                                         BitW
                                                                                  1-9
                                                             ffn'ite,
               JohttForren,USEPA
               1650 Arch Street
               Philadelphia, PA 19130

               Dear Mr. Foaen:

               I am writing in response to the Environmental Impact Study (BIS) on Mountain Top
               Removal. It appears that Department of the Interior has chosen to ignore the scientific
               studies on mountaintop removal and has instead drawn conclusions dictated by the Bush
               political agenda. Birougliout central Appalachia, some of the most productive and
               diverse temperate hardwood forests in fte world have been destroyed when coal
               companies blast off hundreds of feet of mouataintops to get to thin seams of coal. In
               jnost circumstances, the former lush forests will remain degraded as grassy,
               unproductive scrub land for at least 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, but creating disastrous impacts to
               downstream waterways and towns. As residents point out, mountaintop removal is also
               devastating the culture and communities of the region.  TTie scientific studies and the
               economic data included in the BIS clearly show that there is no reason for the valley fills
               should be so large and so damaging to the environment.

              Mouataintop 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 homes, air pollution to residents,
              destroys hardwood forests and wildlife habitats, destroys Appalachian culture and
              heritage, destroys jobs and is an. environmental disaster.

              Once our environment is destroyeA it is PERMANENTLY destroyed. Mountaintop
              Removal must be stopped NOW!
              7-5-2


             15-7-2

             110-2-2



              1-9
                                                                                                         Susan Sobkoviak
MTM/VF Draft PEIS Public Comment Compendium
A-1217
Section A - Citizens

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Richard Soderberg
                                                                            Sooner Fan
 DeliveredDate:  01/17/2004 09:42:49 PM
 "Richard S
 '3'53.'Blackstone St
 Springfield, OR • 97-477'
 January 17V2004'

  John Forren
 US,EPA:(3EA30)
 1650 Arch Street
 Philadelphia, PA 19103
 Dear' Fdrretii
                   I was amazed to sse pictures in the Tulaa World Newspaper today of
                   Kilning on top of mountains In Ksst Virgina. This locks like something
                   done in a third world country and not the USA. This has to have a
                   tsrribl© effect oa the envi ronmcnt. They t&lcfht ss wel^. turn the top of
                   these mounts ins into a trash dmtip. A chunp would probably fee better at
                   least, it would soms day clean up. This is a ridiculous set that has to
                   be stopped.
             1-9
 •After reading- about the HIS repotfs-descripttoa.of -the destructive
 effects of mountaintop mining,; I fell that Ishould write in support of
 the report

 I ean't bring myself to believe that any ecion'orfiic.gain is worth, the
 environmental distress of a stripped mountaintQp; unfortunately,- if seems
 thatplans are moving forward to use this method

 Thus, , I ask that y'all please reconsider plans to move forward :withi
 mountaitttop mining, and instead investigate alternative means of economic
 growth.
            listening, 1 hope,
1-9
 KehardvS0derberg
MTM/VF Draft PBS Public Comment Compendium
    A-1218
Section A - Citizens

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Constance Sowards
                                                                            Wayne Spiggle
    — Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM	


                Connie Sowards
                        cc:    sowardc@mms.stjoliiis.kl2.fl.us
                             Subject: Mining Operation
                01/05/2004 09:32
                AM


    Mr. Forren,


    There are no words to describe to you what has been done to the beautiful farmlands
    around my hometown of Lisbon, Ohio.  Strip mining/mounUiin top mining atid
    landfill operations have wreaked havoc with the local environs there. Please consider
    carefully as you reach a decision in regards to the mining issues before you.


    America will never move forward until we make larger strides toward lessening our
    dependence on all fossil and non-renewable fuel sources.  The EPA should agressively
    move our nation forward in this quest. Industry will not move there when the initial
    change will cost, progress goes out the window.


    Thank you for your time,


    Constance S. Sowards, science
    Murray Middle School
    Center for die Arts
    150 North Holmes Blvd.
    St. Augustine, FL 32086
                                                                  ©EC'D  ALiG 2 G 2003
Wayne C, Spiggle, M.D.
     Box 97, Rt. 2
  Keyset, WV 26726

   August 11,2003
                  yr, John Forren, US EPA
                  1650 Arch Street
                  Philadelphia, PA 19130

                  Re:  Comments:
                  EIS, Mountain Top Removal

                  Dear Mr Forren:

                  Your Environmental Impact Statement on Mountain Top Removal will
                  go down in history as a sham that Ignores legitimate scientific inquiry
                  and a prime example of how the Bush administration wages war on
                  the environment.

                  The impact statement appears to me to be and organized effort to
                  sacrifice one of the most beautiful regions of the United States to the
                  short term profits of (he coal Industry. By its nature, coal mining
                  carries with tt certain negative environmental consequences but
                  technology is available to mitigate much of the damage and mine coal
                  profitably and with more jobs than does large scale mountain top
                  removal operations.

                  You should be calling for watershed planning and best practices.
                  Instead, you call tor agencies to work with each other for the
                  wholesale destruction of Appalachian coalfields.
                                                                                                                                     Yours truly,
                                              4-2
                                              1-9
                                                                                                                                                                         1-8
MTM/VF Draft PEIS Public Comment Compendium
A-1219
                                 Section A - Citizens

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Daniel Spilman
                                                                                                    Joel Spoonheim
                                       rsetsexposiaarth ii
                                       nk.net
               I  feel that  wi" it ting  letters 1.0  the Bush Adiainistiatiort  §bout.
               environmental issues  is rather useless.  Not  enough people in the
               white House,  Senate or Congress  have cared enough about  our
               envizDrmi^nt  to phase  out co&l filed power plants as was  intended
               30 year3  ago with the Clean Air  Act.  Coal fired power  and
               r.m':)*3at pow&r should  be the first  itraiis to be phased cut,  anrt
               replaced  with Lenewabie energy v«sry syojj. This phase out wou Id
               erase tfie need ±ci a  discussion  on mountain  top removable,  which
               1 s >">r.^ of the rr!oj~t short si ghted th i ngs we erml d do to Q«1
1-9
                                                                                    REC'D JAUH1
5 January 2003

Mr, John Forrea
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103

Dear Mr. Forma,

I am writing to express my opposition to ttus Bush sdministration plans to continue to let coal

ia the Washington, DC wea I spent many weekends exploring regions of Appakchk Mkmg md
fly-fisfaifig.  The contkmatton and expansion of TBotmtaiatop ret&oval coal mining destroys the
streams that are critical to local sports people and the water sources for larmers downstream.

According to the adamnistmtiaa's draft lifflvxronmealal Impact Statement (BIS) OB moustaintop
removal coal mining, the environmental effects of moimtamtop removal are widespread,
o^svasiatii^, said i^ns^ietrt. Yet Ob& daft BIS proposes no restrictions Q& the size of valley fills
that bury streams, no limits on the mmber of acres df test flKEt caa be destroyed, no prote^tioM
for imperiled wfldMfls, m& BO safli^iim^ds for tMe oommtinities of people that depesd oa the
region's natural resources for themselves and future geaeratia&s.

Tfa& Bush admiaistmticM's "pr^rmd alfisssmfcive*1 weakens «dsting fflviromBmtel protfectioiis,

caused by moantatotop removal coal mining, mchidi&g ffe fest that over 1200 miles of streams
have been damaged or destroyed by moustaistop removal.

Without sew limits oa motmtaintop removal, an additional 350 square miles of mountains,
streams, and fcs«sts will be flattened and destroyed by moimfeiiatop retrieval naming.

Jn light of titese fect% I ai^e you to consider afteimUves tfaat reduce the esivirotajEieatal imp^ts
of raotiBtaintop removal. Tbauk you for yotit coasideratioD of this important issue.

Sioeereiy,
                                                                                                                                    ^fr
                                                                                                                           680AsbutySt
                                                                                                                           St Paul, MN 55104
                                                                                                                           651.645.5567
                                                                                                                                                                                                           1-9
                                                                                                                                                                                                           1-7
                                                                                                                1-10
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MTM/VF Draft PEIS Public Comment Compendium
          A-1220
                                                                Section A - Citizens

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Richard Spotts
                                                               :  Pleas* Stop
•John fc'orren,  Er.viroomer.tal Protection Agency
U.S. EPA (3EA30)
1650 Aich  Street
Philadelph i %,  PA 191G3
Dear Mr,  Forren,

I atrs applied  that EPA continues tc allow industry  to bury streams
t.h 'rT,!inh t h«*
                                r act ice of mou n tai n top min i tig.   Thi a

                             ant of the federal Clean Water Act.
                                                                                 5-7-1
I am opposed to  arty changes that would weaken  the  l«ws and legulatioaa
that
pro tec* our  r:' vsrs and streams f TOTT, the effects  of mount a i ntop w.i n 3 ng
and vallev
                                 to each of the alternatives evaluated
                                                 in the draft  EIS  ignores the
          the inaxim!.mi extent pract ical, the envirormiental consequences of
          iftcunt.airi~op raining.
          The draft EIS does net  examine a single alternative that  would reduce
          tho^e impacts.
                                                                                  1-10

                                                                                  1-5
                                                                       4-2
                                                                                                                     raf erred alternative" would clsai: 1y inc re-see ths
                                                                                                             ounnaintop
                                                                                                       buf fc
                                                                                                             ule t.hat ptDhibi ts m? rn ng acti viti.es that disturb any area with i n
                                                                                                       100 feet
                                                                                                       of largsi streams, eliminating the current limit on using nationwide
                                                                                                       permits tc
                                                                                                       approve valley fills in West Virginia that ar^ larger than 250 acres/
                                                                                                       and giving
                                                                                                       the Office of Surface Mining a significant new role in Clean Water Act
                                                                                                       permitting
                                                                                                       far mount3intap mining  fa role it does not have under current law}-

                                                                                                       Our environmental laws require, and the citizens of the region deserve,
                                                                                                       a full
                                                                                                       evaluation of ways to reduce the unacceptable impacts of roountaintcp
                                                                                                       roIn ing.
                                                                                             Please abandon your "preferred allei native" and leevaluate a  full
                                                                                             of options
                                                                                             that wi 11 mi nirni ze r.he enormous ersvi rori mental  and tcononii c damage
                                                                                             caused
                                                                                             by mowntaintop
                                                                                             mining and valley fills.
                                                                                             Thank yc'j very tntich for your consideration.

                                                                                             Sincerely,

                                                                                             Richard Spotts
                                                                                             1125 w. Emerald Drive
                                                                                             Saint George, UT 84770-6026
                                                                                             USA
                                                                                             ^po t z & 8 i. n f owe st, CO.RI
                                                                                                                                                                         4-2
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Tom Spry
                                                                                  Sue Staehli
                                                            REC'D  AUS
                                     W# Z6149-SZ22
                            304-TSX-SZOg
                                            .. nedb
                     — Forwarded by David Rider/R3/USEPA/US on 01/08/200401:59 PM	

                                 "xirnsilk@yahoo.co
                                 m" 
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Robert Stanley
                                                                                                   Dallas Staten
                                                            'REC'D  AU82 6 2£
          870 Vine Street, 61
          Chattanooga, TN 37403-2346

          August 19,2003

          Mr. John Forren, US Environmental Protection Agency
          1650 Arch Street
          Philadelphia, PA 19130

          Dear Mr. Forren:
                 I am writing to you to express my deep concern about the method of
          extracting coal known as Mountaintop Removal Mining. This is a mining method
          that is environmentally destructive. It is an especially bad problem in my home
          state of West Virginia, although it is to be found in other states as well.
                 Mountaintop Removal Mining (MTR) is bad for the environment for
          several reasons.  First of all, it destroys streams, as the streams are often filled with
          earth and rocks to such an extent that they are no longer viable streams.  This is in
          direct contradiction to the Clean Water Act. Secondly, the tops of the mountains
          look like moonscapes in what should be a beautiful part of the Appalachian
          Mountains,  Because the trees and other vegetation are removed through MTR, the
          waters from heavy rains often run off quickly, causing severe flooding and damage
          to homes and communities.
                 Yet another problem is the air pollution that is caused by the blasting and
          the heavy mining equipment. The blasting that is an integral part of MTR  often
          damages homes that happen to be located nearby. Moreover, the destruction to
          hardwood forests is frequently overwhelming.
                 And then there is the personal impact to those living in these mountain
          areas. Sometimes whole communities are destroyed and displaced. Surely this is
          no way to respect the Executive Order regarding Environmental Justice for low-
          income persons.
                 I would like to register my strong support for those groups whose goal is
          to put an end to the environmentally destructive practice known as MRT. In
          addition to your reading my letter, I hope that you will respond to it. Thanks for
          your time and your response to this letter.  AH good wishes.
         Sincerely       	
         V^te^Tf  AAj*jZiL~4
         Robert Stanley        '
                                                                                                              1-10
1-9
                                                                            &J^..A.M_eujjw3&p*i!!* -
                                                                                &         .-V

                                                                              iiU*Iiyfi***^                  	
15-1-2
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MTMA/F Draft PEIS Public Comment Compendium
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Steve Stathakis
                                                                                               FitzSteele
                                    Steven A. Stathakis
                                                                         DEC  i« m
                           855 OpeJuskaRoad Fairmont, WV 26554
                                                                       •   '     1
                       Telephone: 304.363.9315 e-mail: mizzen@n8rd.net

        John Forren
        US EPA
        1650 Arch Street
        Philadelphia, PA 19103

        Dear Mr. Forren:

        As a resident of West Virginia I have seen creeks run with discolored water devoid of
        life, and spoken with people who have suffered toss of access to family cemeteries, clean
        water in streams, and wells stopped as a resolt of mountaintop removal mining. I have
        seen green forested hilltops full of game reduced to lifeless barren, rook strewn waste
        land after mitring operations are through extracting coaL The danger from increased
        flooding caused by this practice is real and demonstrated in recent flooding episodes.

        I urge you, the U.S. Environmental ProteetfoE Agency, to protect the people who live in
        coal producing regions and the environment to which they live. Please reject President
        Bush's proposed rote changes which wouM ease restrictions on mountaintop removal
        permits and ignore existing environmental protections.
        Sincerely,
1-9
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                                                                                               HA,

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Section A - Citizens

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Edward Stein
                                                                                                                            Jim Steitz
                                          24008. task St
                                          Tan^ia, FL 33629
                                                                  Jasaaryl2,2004
           3o!bo Fatten
           USBPA(3EA30)
           1650 Arch Street
           Philadelphia, PA 19103
           Re: Mountain Top Miafetg
                               ^M01i t am aghast at Ihe Bush adndnilstealon Ibr aJJOTtrfasg tMs terratKfcfiiji ptactfog. It
                  "mockery of aay pret«se st bsiug deceat stewards of the land. I am very food of die Appalachian areas this
           administration is pemuttiag tbe desanedoa of.  I love tfeese raovmtaias ami streams, and vacatioa there freqtiesily.
           You dotft destroy oiouBtaias and streams if you  bav« aay modicum of esviroiaaeatal seasltivlQ'.  The Bush
                     B will seal its toage with me if U petffifits the tio&tiatisiMift of ftis practice.
           I oppose the Bmh adtmni&ratioa piass to continue to let coal companies destroy Appaiachia with mining pncttoM
           lhat level mouataintops, wipe out forests tad. baiy stream En tha valleys below. Accortiisg to die administration's
           dmS Eavirooiaestal Impact Ststemeat (EIS) on mouataMtop retsoval cool fflMsg, ffis eavironffleatai effects of this
           practice are devftstatkig and penafioaaL Yet tlss diaH BIS proposes 00 restriotioos em £be size of valley fills thai tey
           streams; no limits on tli* auinber of acres of forest that can be destco^d; no safoguards far imperiled wildlife; and no
                   ly, the draS EIS s&ifiss that Sis Biisii a
                           isetaiMffifGp removal coal mlalag is to wsa^eea sxlstisg cavirocmeatal protecSoas, tbc draft
           EIS proposss streaffllialiig fee pcnnittiBg process, allowing momitaiatop removal aad associated valky fills to
           coQtfeue at aa accelerated me. The draft EIS ako suggests ellmfaatiiig a sur&ce istaicg mis that makes it ilfegal for
           mtoiog activitlaa to disturi> areas withk 100 feet of strcanta unless It cm lie proven that streams will not be harmed

           Instead of allowing mouataiatop removal to Boutisiis usatiatad and even Increase the Busk adiQiMstrattoa nmst
           cossidBr alternatives that reduce tfee esvirooiBeBtal Impacts of raotiQiate)p removal and then implement those
           measisrss to protect Batumi rssoarces md commmftm is AppaJacfcia, especfatily restrictioHS m fe« size of vaI3ey
           fills to reduce stream and ferest loss, tiese alisroatives must be ovalmited for iitdividyal projects as well as
           regionally so that the cimtiMva iiapaet of the destruetloa caused by moantaistop reffloval is addressed,
                                                                                                         1-9
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 Jim Steite                                                                                . M
 1505S.Bspina#5                                                   .-~,r» HOV  ^ 3 »
 Las Cruces,NM 88001                                           iB&° W

 November 8, 2003

 Mr. JofanFoireo,
 OSEPA(3ES30)
 1650 Aroh Street
 Philadelphia, PA 19103

 Dear Mr. Fonen,

 I write to express my strongest concern regarding the continuation of mouatateop removal mining in the United
 States, and the rulemaking concerni^ tMs practice iti which the EPA is current^ engaged I strongly believe
 that this method of mining is an archaic oddity that does not conform fa any way to the reasonable balance of
 resource values that resource managers have learned to seek,

 Mountajntop removal mining is singular in its complete and absolute annihilation and exclusion of any other
 enviromaenal or resource values. It Is without question Hie single most destructive land-use practice that human
 beings have yet developed, and is ctnrenfly laying waste to vast areas of already endangered forests in the
 Southeastern United States. Entire streams ate b«Mg wiped out of existence. This type of complete elimination
 of ecosystem* is completely unacceptable in this em of global environmental endangerment, and should be
 phased out immediately.

 I strongly urge the EPA to adopt an alternative that allows for no farther permitting of rfiounttintop removal
 mining. Although the natural resource agencies have a strong habit of twisting their stated values in order to
 achieve a sort of middle ground in etch controversy they encounter, there It no such middle ground when it
 comes to tnourtaintop removal mining. The damage done is absolute, and it amounts to a form of ecological
 genocide. There is no amount of coal that can compensate for the complete losses suffered by these
JajKlsapes, and the values lost to human communities as a result

 Again, please bring the practice of mountaintop removal mining to a swift and merciful end. This ruining
 technique is on par with the rapacious elearcutttag and hydraulic mining of earlier times, and should never have
 reared its head in the 21st century.
                                                                                                                                                                                                                                              1-9
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                                                                                                                                                                                                             Judith Stetson
JimSteitz
ISOSS.EspinafS
Las Craees, NM 88001

December 16,2003                                                '  ?&}
                                                                      «TO»
Mr. John Forren
U.S.EPA(3EA30)
1650 Arch St
Philadelphia, PA 19103

Dear Mr. John Forren,

I write to express my strongest opposition to the proposed rnletaaMng to weaken the existing
regulations governing mountaintop removal mining. As the name implies, this is an absolutely barbaric
practice that has no place in a crowded, ecologically imperiled country with nearly 300 million people.
This practice of permitting entire forest ecosystems to be lopped ofT must be stopped immediately, not
be given greater freedom to destroy Appalachia, one of the world's most ecologically rich and diverse
ecosystems.

There is absolutely nothing redeeming or even remotely relating to any notion of ecological
stewardship in raountaintop removal mining Xhe land cannot fee meaningfully reclaimed, and
associated aquatic watersheds are completely buried. This is nothing less than the complete vaporfcdng
of entire geographic regions of fantastically diverse forest habitat. The federal government has no
business permitting such an activity, much less Ox Environmental Protection Agency. Mountaintop
removal mining is quite possibly the most destructive single thing that humans have yet figured out
how to do to the forests of Appalachia, and if the EPA can allow this activity, it begs the question of
why we have an EPA.

It is even more unconscionable that the EPA would seriously consider weakening the existing
protections. 1 strongly oppose the elimination of the stream buffer zone rule that prohibits milling
activity within 100 feet of streams. The enforcement of this rule for valley fills and in all other cases is
one of the iew mitigations that currently exist against this form of ecological genocide. Going
anywhere near Ais rutenaMng flies in the fine of voluminous doeaneafatfai of the impacts that
mountamtop removal minmg has had upon Appalachian species and ecosystems,-especially its world-
class aquatic fauna. The ecological costs of this industry are rar too high compared to the relatively
small value of the coal that is mined out, especially aflsr subtracting the additional environmental and
human health costs of coal combustion for electricity. Moustaintop removal minmg absolutely must
come to a mercitul and swift end. We caanot lose any more of Appalachia.

I urge the EPA in the strongest possible terms to withdraw this proposed rulemaking, and to publish a
new proposal for rulemaking to ban mountamtop removal mining entirely. The EPA has no business
permittfflg the single most environmentally destructive land use in the nation.
       Sincerely,
                                                                                                                                                                                           >-<..  17,
                                                                                                                                                              jsr.
                                                                                                                                                              V_X fi& season
                                                                                                 1-9
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                                                                                                                                  S-—^
                                                                                                                                  c^~^^^
                                                                                                                                                                                                                       1-10
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MTMA/F Draft PE1S Public Comment Compendium
                                                                                                    A-1228
Section A - Citizens

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Elaine Stoltzfus
                                                                                          Kathryn Stone
                           AUG2E2fllfi
                                                       Box 493
                                                       Ages, KY 40801
                                                       August 20,2003
                                                                                                                                                                                   A0820
                                                    Kathryn Allen Stone
                                           26 Birch Tree Laae/ChBiiestt», WV 25314
                                                    Td: (304) 342-1161
    John Forren
    U.S. EPA (3ES30)
    1650 Arch Street
    Philadelphia, Pa 19103
    Dear Mr. Forren;

    I am writing to comment on the Environmental Impact report on mountaintop removal
    coal mining, especially in regard to the recommendations the report contains.

    As a resident of Harlan County in southeastern Kentucky for the past 27 years, I am
    appalled by how these recommendations blatantly ignore the environmental problems
    that are caused by mountaintop removal mining and valley fills, as documented !n the
    original study. The recommendations overlook strong scientific data showing that
    leveling mountains and burying streams result in irreversible damage to the
    environment.

    I am against any regulatory changes that would weaken the laws and regulations that
    protect clean water, most notably the proposal to change the stream buffer zone rule
    that prohibits mining activity within 100 feet of streams.

    I oppose Alternatives 1,2, and 3 in the EIS report because none of these options
    protect our precious water. The EIS report ignores the scientific evidence of the
    damage mountaintop removal mining does, as well as ignoring the public's right to
    clean water and a healthy environment.
    Sincerely,

     |C
    Elaine Stol
1-9




1-10


1-5
                               August 12,2003

 Mr. John Fbrrett, US EPA
 1650 Arch Street
 Philadelphia, PA 19103

 Dear Mr. Forren:

 I attended the recent Environmental Impact Study evening public forum in Charleston and
 came away with some compelling information about how mountaintop removal in
 Appalachia, and specifically in w est Virginia, is affecting our state adversely on several
 levels. Some of these are:

                   environmental: wholesale destruction of once-pristine mountain
                   areas with diverse wildlife and flora
                   aesthetic: beautiful mountains now looking like moonscapes
                   economic: destroyed areas rendered useless for development
                   because of lack of infrastructure, destroyed water sources, etc.;
                   lost of properties and homesteads, made valueless by surrounding
                   destruction
                   cultural heritage: decades of closely knit communities unable to
                   continue their way of life, some whose ancestors moved here in
                   the 18th century

 It is incomprehensible to me that a many- year study, costing minions of dollars, can on the
 one hand implicate mountai ntop removal coal mining as extensively destructive and on the
 other hand tecommend that it proceed with all due speed.

 It is time that the political powers behind these mindless decisions be challenged by the
 public which pays an enormous price both in economic and in environmental/cultural terms
 for coal mining in (Ms state. The cod industry takes all and gives tack little. Mountaintop
 coal mining stands as one of the biggest environmental 'evils' in history.

 It is tee that we wean ourselves away from this destructive industry, finding alternative
 means of providing energy. We have the technological know-how to do this. It is a
 question of whether we have the willpower? Meanwhile, at the very least, we should find
ways to mitigate the destruction to out environment.

Thank you.
                  1-9
                                                                                                           Kathryn A. Stone
MTM/VF Draft PEiS Public Comment Compendium
       A-1229
Section A - Citizens

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Sally Streeter
                                                                 Joseph Strobel


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                                                                                                                                                    1-9
MTMA/F Draft PEIS Public Comment Compendium
A-1230
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                                                                                                                                                     Jean Strong
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                                                                      5-5-2
                                                    10-2-2
                                                                                                                                                 JUL2420
Public Comment on Mountaintop Mining Draft EIS

Dear Mr. Forren,

I do not see haw the preferred alternative will minimize the
environmental impacts from valley fills. Part of the alternative is for
the Corps to do a functional assessment of the stream before it is
buried by the valley fill and ten make sure that there is a no net low
after mitigation. Well, the Corps functional assessment does not
appropriately integrate rare invertebrates (because It takes a highly
trained biologist to identify rare invertebrates), if the right things are
not identified before the valley fills, how can the mitigation adequately
compensate for the loss?

Also, tie mitigation does not adequately compensate for the toes of
salamanders, and other terrestrial creatures that inhabit the stream
valleys. These creatures are lost when valley fills are constructed.

The preferred alternative should be changed to better compensate for
the loss of rare invertebrates, salamanders and terrestrial creatures
that inhabit the stream valleys.

Thank you for considering my comment,

Jean Agnus Strong

West Logan, West Virgina
                                                                                                                                                           6-4-3
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William Sullivan
                                                'REC'D
   Mr John Forren
   O.S.EPA
   1650 Arch Street
   Philadelphia, Pa.19103

   Dear John;
   I am opposed to the mountaintop removal and valley fills,the
   alternatives whithin  the  BIS  reportdo nothing to protect our
   communities or our water  system.

   May I suggest you read  the  book SILENT SPRING,this will open
   your eyes to the  danger of  changes in the environment that can
   impact the underground  water  table,once lost its gone forever.
    Currently 1,200  miles  of streams have been inpacted,selenium
   is killing aquatic life.
   Scientific studies have documented the widespread and irreverable
   damage the coal industry  is doing to our state1
   "Luckily I have subsidence insurance,there is no insurance for a
   continued source  of clean water.
    We looK forward  for  your help in protecting the environment.
   Thanfts for your consideration;

   William D Sullivan
   Member of KFTC
1-9
1-5
  6-1-2
                                                         REC'D DEC 30,
Mr John Forren
U.S.  EPA
1650  Arch Street
Philadelphia,  Pa 19103

John;
I would like to ask you to us© your office not to v«ak«n th«
laws  /and regulations that protect clean "Crater.
I consider the scientific studies that have documented the -wide-*
spred & irrevarsable damags the coal industry is doing to our state
and region.
The removal of mountaintops ,and the damage done to streams,an<3 wild-
life  is unacceptable.
Our water resorce shoiaitS b© protected at all costs.
                                                                                          1-10
                                                                                          1-9
                                                                                              Reepectfully yours
                         William B Sullivan
   Silent Spring.by Rachel  Carson
   cc| KPTC
MTM/VF Draft PE1S Public Comment Compendium
         A-1232
                                                  Secf/on A - Citizens

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Jim Sweeney
                                                                                                                Chetan Talwalkar
               — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01 '52 PM —

                           Jim Sweeney
                                       cc:
                                        Subject: MTR/VFEIS
                           12/23/2003 08:35
                           PM
                                              — Forwarded by David Rider/R3AJS£PA/US on 11/20/2003 05:09 PM —-
                                                          ctatwaltarQjuno.c
                                                          am             To:
                                                                       cc:
                                                          11/09/200310:49
                                                          PM
                                  R3 Mount9intop@EPA

                                Subject: 3EA30
               How can the EPA can even consider something as destructive as
               "mountaintop mining," or whatever warm and fuzzy name you prefer to call
               it.

               You are the Environmental Protection Agency. Show me anything in the EIS
               on mountaintop mining that has a single, legitimate positive aspect to
               it.

               Completely obliterating entire mountains and valleys destroys habitat
               and pollutes the air and water all for a product that itself pollutes
               the air and water.

               The EPA should immediately halt this practice and then require the coal
               companies to reclaim the land they have already mined. Strip mining was
               thought to be as bad as it gets but this tops even that but now I am
               asking you to require the coal companies to reclaim the land as they did
               white strip mining.

               Then you can point and push all the concerned towards real conservation
               measures and new technologies that could eventually halt coal mining and
               burning completely.

               The fact you even consider MTR/VF mining is obscene

               It should not be allowed.

               Jim Sweeney
               1773 Selo Or
               Schererviile, IN 46375
               219-322-7329

               "As to dredging the river in Indiana, i will be noticed that God never
               made a straight river,  and I dont think man can improve on his general
               plans,"  --Edwin BeanMey
1-9
John Forren
U.S. Environmental Protection Agency (3EA30)
1650 Arch St.
Philadelphia. PA 19103

As a resident of Kentucky and a frequent visitor to parts of Appahchia
fjevastated by coal mining operations and lax regulation, I am writing to
express my opposition to the practices of mountain top removal and
valley
filling.

I believe that a common sense reading of the Clean Water Act and Surface
Mining laws not only allows but requires the government to prohibit the
use of valley fills and mountaintop removal. These practices are immoral
and illegal and should be stopped.

I am deeply disappointed and upset that the US EPA's EIS on these
practises, released this May after years of delay, rejects specific
restrictions on the use of valley fills and offers impacted communities
no meaningful consideration or relief. These resfrictions could be
based
on size of valley fills, their cumulative impacts, the types of streams,
or the high value of the aquatic resources in the region. Outrageously,
the EIS ignores the strong scientific and  legal case for stronger
protection against coal industry practices.

I am opposed to any changes that would weaken the laws and regulations
that protect clean water.  In particular, I oppose Hie proposal to
change
the stream buffer zone rule that prohibits mining activity within  100
feet of stretms. This rute should be strictly  enforced for valley fills
and in all other cases,

I welcome the scientific studies that document the widespread  and
irreversible damage the co«l industry Is doing to our state and region.
Kertuckians have experienced these problems tor far too long.
Mountaintop removal and valley filis bury and destroy important
headwater
streams, destroy biologically rich forest and stream ecosystems, damage
drinking water sources used by millions of people, cause frequent and
severe flooding, and wreck the quality of life in mountain
GomrnuriBes,  It is unfortunate that the US EPA's recommendations did
riot
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              offer Appalachians any meaningful relief from these impacts.

              I do net support Alternatives S1,2 or 3 contained within the EIS
              report.
              None of these options will protect our water. None of these options
              will
              protect our communities. None of these options will shape a better
              future
              for Kentucky or the region. They are a shsrn and a shame.  They do
              nothing
              to address the real problems of our region. Rather, they will oniy make
              it easier for the coal industry to seek and obtain permits to continue
              with the total destruction of our land, water and people.

              This report is a shameful,  dangerous example of policymaklng  It
              ignores the science and evidence about what mountaintop  removal mining
              is
              doing to eastern Kentucky and the Appalachian region. It ignores the
              public's demand tor, and right to clean water, a healthy environment and
              safe communities, ft is a blueprint for the destruction, not the
              protection, of our homes and environment. The coal industry is crippling
              Kentucky, and the Bush administration Is cheering them on. We deserve
              better

              As a hiker and admirer of  Appalachian wonders, and as a friend to
              people
              living in the way of sludge, flyrock,  floods, and the myriad other ills
              attendant to the mining industry's practices, I know what is at stake in
              this debate and how unfairly and poorly the region has been served by
              the
              EIS recommendations. The damage that has been allowed to occur here Is
              immoral.  The science and common sense dictate that the US EPA ban
              mountain top removal and valley fills.

              Sincerely,
              Chetan Talwalkar
              581 Stratford Drive
              Lexington, KY 40503
1-5
                              Chetaij Talwalkar
                              Date:  I$6r2004
                              City::  Lexington
State:  KY    Zip:    40503
                              I anrwritittj, in support of the Citizens Coal Council, Ohio Valley Environmental
                              Coalition, and other organizations opposed to tnountaititop removal and valley fills. I
                              oppose My ehSBge in the nils protecting strtanl buffer zones, and am defepry
                              disappointed that the federal government is .ignoring its own studies by proposing to
                              reduce protections for people and the environment. Your own data .shows that current
                              regulations.need to be strengthened, not weakened, I demand a new study that looks at
                              the alternatives to prevent new mountaintop removal and valley fill Operations and'to stop
                              the existing ones within 5 years er by the expiration of the currentniinin.g perrnit,
                              whichever date occurs first.
                                                                    1-10
MTM/VF Draft PEIS Public Comment Compendium
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                                                 Section A - Citizens

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Lesley Tate
                                                                                          William Taylor
    	Forwarded by David Ridet/R3/USEPA/US on 01/08/2004 01:52 PM -»-

                lesley tate
                           cc;    coppeciEis03@yahoo.cpin
                               Subject: The Abuse ot Out Mountains
                01/05/200405:33
                PM
    The total abuse of our mountains is increasing and expanding at a devastating rate. It simply
    must be stopped. T cannot see pow^t for TV A plants ( for a mere nineteen days } to be
    worth the lost entailed in cross cidge mining this particular mountain nor any othec. A loss of
    many species which rely upon the balance of Zeb mountain's surrounding ecosystem is
    inevitable. If put upon any moral scale monetary gain should newt wei^h heavier than the
    value oi life and respect ior  the earth. Besides the loss of Hfe there are reasons for great
    concern regarding the well being of the communities near areas where this extraction
    process is being used, it's a matter of common sense. How can anyone condone the use of
    mass explosives in any area where people reside, where our children are going to school?
    Where the quality and safety of stream water, as well as ground water systems are in
    jeopardy. 'Hie air quality from silt and soot, die loss of plant life as a contribution to  clean air
    are to be effected. The draining of this silt into headwaters, Filling creeks, and streams,
    Precautionary measures  for  this type of impact, instituted by a corporation, are only going to
    be geared to benefit the  company not the preservation of a mountain they would see
    bulldozed foe a dollar. So in my opinion the regulations in the case of this mining practice
    and others are lax, rushed and hardly focused on the protection due the Appalachian
    mountains. The people who truly care for the earth and know the beauty of deep ecology, ot
    a never ending bond between all life and the responsibility lying therein, arc now called to
    protect that, which should be cherished and not exploited. I was present for the preliminary
    injunction to cease mountain top removal at Zeb mountain and I walked away feeling
    robbed. "The case presented  by the SO CM lawyers was strong and well presented but not
    dually noted because it would mean the priority of life and nature over capita! gain,

    copper! ris
    katuah efl
    Do you Yahoo!?
    Protect your identity with Yahoo! Mail AddressGuard
1-9
MTM/VF Draft PEIS Public Comment Compendium
     A-1235
Section A - Citizens

-------
DarlaTewell
                                                                                                        Dean Thay er
                                                                           Jaunty 15,2004
                                                                                                                       — Fotwatded by David Ridct/R3/USEPA/US on 01/08/2004 01:59 PM -----
                                                                                                                                     01/06/2004 07;09
                                                                                                                               l Muiing
                                                                                                                                     PM
                                                                      To;    R3

                                                                      Subject: Please Stop Destructive Mouatmntop
                  Mr. John l*G£rai;
                  U.S.EPAC3BA30)
                  1650 Arch St*m
                  Philadelphia, PA I9I03

                  My parents retiml to WV 27 years ago. In tfeese 27 years tfe«s ssoail sown nearest tbeir Home bas
                  experienced two "hundred year" Hoods. Beesiu^ of tbe^frndty of die attractive tadiwtieadiat
                  blitfadf ievet roouistaios aa4 fisr«sis assi barf streanss, heavy caiss that once would have been
                  ah^rb^ by the forest Soot or captur^                       Vacant storefioots and
                  abamdoned buildings aftesE to Ac ccorsamic wallop that the floods delivered. Tbe mined lives are not
                  so -visible.

                  Hm mining and lo^iftg icdtistrifts bav« no moral right to desaoy mountains, stnftsias, and foress,
                  lesEvtag the ressdeas of AppalacWa with eavirooiBeatal darastadoa. It 1$ uacoasdofiable foe die
                  Bush adaanktmdoa to advo
-------
Rose Thompson
                                                                                                                      Derek Thornsberry
JLt-
                                 ^RECTJlApl
                                       •f it*' f  x* *"  K " ''-".-Vj.
                a I f jf f f    fl JIM   ,4-   8 <*
                                                                                         10-4-2
                                                                                         1-9
                                                                                                                  U.S. Environmental Protection Agency (3ES30)
                                                                                                                  1650 Arch Street
                                                                                                                  Philadelphia, PA 19103

                                                                                                                  Dear Mr. Forren:
                                               I live itt eastern Kentucky, la this region we experience the negative impacts of mining every day. Many
                                               of as have water wells that have run dry or '.timed 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 soon be — leveled by mountaintop removal. Hooding in 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 in 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
                                               oar foundations, and wrecks our peace.

                                               Some call this area a national sacrifice zone. Uving here, it feels more like a war zone.

                                               It doesn't have to be this way. There'are laws on the books to protect clean water, public safety and the
                                               environment It is perfectly clear that tnountaiatop 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 tnountatatop 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 BIS proposes ways to make it easier for coal companies to level our mountains, bury om
                                               streams, and wreck our homeland. This is shameful and wrong.

                                               I know first hand the terrible impacts of mountainfop removal and valley fiBs. I also believe we can
                                               build a better future for eastern Kentucky. We can have dean streams and a healthy forest and restore
                                               our spiaEty of life. We cam 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 moaatajatop removal and valley fills.  Stop the coal industry franr
                                               destroying everything that we value most Start making choices that will benefit our children and yours.

                                               Sincerelv,
                                                                                                                  Name
                                                                                                                            P.O.
                                                                                                                                                                                                          10-4-2
                                                                                                                                                                                                          1-9
MTM/VF Draft PEIS Public Comment Compendium
                                 A-1237
Section A - Citizens

-------
Ershel Thomsberry
                                                                                                                         Mildred Thomsberry
    U.S. Environmental ftotection Agency (3ES50)
    1650 Arch Street
    Philadelphia, PA 19103

    Dear Mr. Forren:
J^EC'D JAM t 3 21
    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 ran 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 soon be - leveled by mountaintop removal. Hooding in our communities is
    increasingly common and severe. We fear tie day when the sludge ponds above our homes break - as
    they did in Martin County, KY in 2000 - burying us at the bottom of hundred* 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 calf this area a national sacrifice zone. Living here, it feels more [ike a war zone.

    it doesn *t have to be this way. There are laws oa the books to protect clean water, public safety and flie
    environment It is perfectly clear that mouataintop removal and valley fills are a violation of the federal
    Qean Water Act and the Surface Mining Control and Reclamation Act These practices should be
    banned. The coal industry mast not be allowed 10 destroy our homeland.

    The draft Environmental Impact Statement on monntaintop removal and valley fills is a dangerous gift
    from the Bush administration to the coal industry. Instead of recoramending ways to stop the
    destruction, the EtS proposes ways to make it easier for coa! companies to level our mountains, bury our
    streams, and wreck our homeland. This is shameful and wrong.

    I know first hand the tetrible impacts of moonlatatop removal and valley 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 ow people (tat don't wreck the environment. And we
    have to start down a different road now.

    Take a stand. Enforce the law. Ban raountaintop removal and valley fills. Stop tie coal industry from
    destroying everything that we value most Start making cacfees that will benefit our children and yours.
    Sincerely,
                          10-4-2
                          1-9
                                                                                                                       US, Environmental Protection Agency (3ES3Q")
                                                                                                                       1650 Area Sttset
                                                                                                                  •SEC'D J4N13,
                                                   Dear Mr. FomtK
I live in eastern Kentucky. In this region we experience the negative impacts of mining every day. Many
of BS have water wells thai have rum 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 soon be - leveled by mountauitop removal. Hooding in our communities is
increasingly common and severe. We fear the day when the sludge ponds above our homes break — as
they did fa Martin. County, KY in 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
oar foundations, and wrecks ow 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 to protect clean water, public safety and the
environment It is perfectly clear that rfloofttaiBtop removal and valley fills are a violation of the federal
dean 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 mountaintop removal and valley fills is a dangerous gift
from the Bush administration to the coal industry. Instead of recommending ways to stop tie
destruction, tte HS proposes ways to make jt easier for coal companies to level our mountains, bary our
streams, and wreck our homeland. This is shameful and wrong.

I know first hand the terrible impacts of mountaintop removal and valley fits. 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 ow people flat don't wreck the environment. And we
have to start down a different road now.

Take a stand. Enforce the kw. Ban mountaintop removal and valley fills. Stop the coal industry from
destroying everything that we value most Start making choices last will benefit our children and yours.

Sincerely, ^TC] jSj^hJI^.  £

Name
                                                                                                                                               10-4-2
                                                                                                                                               1-9
MTM/VF Draft PEIS Public Comment Compendium
                                    A-1238
                                                                         Section A - Citizens

-------
Barry Terming
       Barty Tonning
                              cc:
                                  Subiect:  comments on draft eis
                    08/16/03 09:16 AM
                            	Forwarded by John Forren/W/USEPA/US on 12/29/2003 11:20 AM

                                                  Barry Temnif.g
                                                                    cc:
                            3tonehousel31 Dearthlink.net
                                                                           Sufojssct:   fx>:Qiw:nts
                            srttr-vf els
                                                  12/29/2003 04:45
                                                  AM
       Greetings:

       I have reviewed the EIS on MTM/VF, and wanted to let you know that I
       oppose all three of the "alternatives" listed. In fact, I was quite  disappointed
       that the alternatives were so narrowly defined . .. iiiey all seemed only to
       address how to proceed with permitting MTM/VF, which is apparently in
       conflict with Clean Water Act prohibitions regarding surface water use
       protection and antidegradation.

       I do not oppose coat mining. However, I do oppose attempts to allow private
       business interests to destroy public property without just compensation. Actual
       stream restoration costs range from $200 - $1,000 and more per Liner foot.
       Tlie loss of hundreds of miles of publicly owned streams (intermittent and
       perennial) has not been compensated at anything near this figure, and we ate all
       the poorer for it.

       In closing, let me note my puzzlement at the lack of any Hnk between the
       content of the HIS and the  recommendations it contains, as manifested by die
       three proposed "alternatives." While the studies cited in the EIS Document
       significant harm to water resources in the MTM/VF region, the
       recommendations seem to completely ignore any impacts and deal with minor
       tinkering with the permit rules. The teal issues here should be enforcement of
       stream buffer rules, requirements for appropriate post-mining uses, and
       protection of water resources. If those issues can be addressed, coalmining will
       be held in much higher regard.

       Thank you for the opportunity to comment on this important issue,

       Barry Tbnning
       343 North Maysville St.
       Mount Sterling KY 40353
1-5
 5-7-3
 1-5
Greetings:

1 have reviewed the "Mcuntaintop Mining  Environmental  Impact
Statement., "
and
found it to foe deficient in a number  of  ways.

The report contains and/or references studies  that  indicate significant
harm
£ row niGUii tain top remov-al / vall&v Jf ill mining, i>ut  do®s  not reeoriraend  a
ban
or, this practice as it. ezi sts to-day.  Th i a  aeewis  rather ocjci  ,  .  .
usually,
racoKiier;dat.ion3 are based on study f inctings.

The EIS als-2 apparently suggests that the  10G-ft stream  fouffer
p rov 1 s j on
f.ound in the current law be eliminated,  tout  1  strongly feel it  should

retained to protect surface water i^uality  and  control  runoff  and
flooding -

I do not support any of the alternatives listed  in  tht? EIS, or  any    1-5
-other
changes that would weaken the Clean Water  Act  or other laws that
protect
humans and the environment. The filling  of streams  with  rock, soil,
debris
arid other "overburden" material as a  matter  of routine mining practice
should be el irelnated,, sin.ce it is riot necessary  for Mining  coal.  In
fact, it
likely i? illegal - the courts have  said as  tnuch in recent  years.
                                                                                                      1-10
                                                                                                      1-8
                            Thank you lor the opportunity to comment. I hope you are enjoying your
                            end-o£-year break.
                             Barry Tonnir.<|
                             313 North Maysville St.
                             Mt. sterling K¥  40353
MTM/VF Draft PEIS Public Comment Compendium
            A-1239
                                                           Section A - Citizens

-------
Phillip Tracy
                                                                                                   Roy Trent
        —- Forwarded by David Rider/R3/USEPA/US on 12/18/2003 05:21 PM	

                     pltiliptracy@usa,n
                     et              To:    R3 Mountaintop@EPA
                                   cc:
                     12/18/200302:33     Subject:  Mountaintop removal coal
                      	Forwarded by David Ridec/R3/USEPA/US on 01/23/2004 09:22 AM	
        mining
                     PM
        Mr. lohn Forreil
        U.S."EPA (3KA30)
        1650 Arch Street
        Philadelphia, PA 19103

        Dear Mr. Forren,

        Please work to help the Bush administration consider alternatives that reduce
        tlie environmental impacts of motmtaintop removal and then implement
        measures to protect natural resources and communities in Appakchia, such as
        restrictions on the size of valley fills to reduce the destruction of streams,
        forests, wildlife and communities.
        Sincerely,

        Philip Tracy
        1510 19th AveSE #214
        Decatur, Alabama 35601

        cc:
        Senator Jeff Sessions
        Representative Robert Aderholt
        Senator Richard Shelby
1-7
            Roy E Trent
            < r_trent@msn.cojT
                          cc:
            01/21/2004 07:16
            PM
                                                         To:   R3 Mounlaintop@EPA

                                                      Subject: Mountaintop-Remova! Coal Mining
                                                                                                 oval

Mr. John Forren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 191.03

I strongly oppose any change in current environmental protections for mountaintop-remc
coal mining. Furthermore, 1 am against compromising or weakening current regulations ir.
any way. There ate compelling reasons that I take this position.

The Environmental Protection Agency's own draft Environmental Impact Statement points
to the widespread and devastating environmental and social consequences associated with
mountaintpp-removal. I am not at all sure why the administration would go against those
findings with the recommendations presented.

The White House Office of Management and Budget issued "The Cost and Benefits of
Regulations" report in October 2003. It concludes that environmental regulations are well
worth the cost they impose on the industry and consumers because they result in significant
health improvements and other benefits to society. They found that enforcing carefully
formulated regulations results in huge benefits to industry
and society. In the instance of mountaintop removal, 1 can not imagine how that would be
different. And, I am not sure how any other logical thinking citizen would think differently
unless they were motivated by unworthy issues.  What could be your issue, or that of EPA's
Administrator, Mike Leavitt?

The damages done to the mountains of Appalachia will be permanent and cannot be
reversed except by eons of erosion and weathering. Huge resources wilt be lost, extending
from sedimentation of our natural waterways ail the way to the oceans and gulf. The
potential for long term complications of water pollution, soil erosion, sedimentation of
waterways and reservoirs can't even be fully anticipated or projected. On the other hand,
there are surprisingly few economic benefits that would result from rnountaintop removal.

The economy of Appalachia depends in large measure on it's sustainable natural resources
and the aesthetics of it's mountains for tourism and recreation, Mountaintop removal will
certainly add to further impoverishment of that part of society in future generations, I resent
                                                                                                        1-10
                                                                                                      1-9
                                                                                                                                                                                       11-7-2
MTM/VF Draft PEIS Public Comment Compendium
          A-1240
                                                                 Section A - Citizens

-------
                                                                                                                                                                                                    PhilTriolo
    the possibility; I came from Appalachia and still have deep roots attached to the land and
    people,

    This mining procedure is radical and the aftermath is permanent  It seems obvious to me
    that EPA's recommendation to continue mountaintop removal in any form is counter-
    indicated. Please do not proceed with this approach. Thank you tor listening. Sincerely, Roy
    Trent

    11725  Wapfes Mill Rd
    Oakton VA 22124
    703-620-4634
1-9
                           — Forwarded by John Fowen/RVUSEPMJS on 01/21/2004 11:57 AU —
                           idea
                                                         To:    John Forren/R3-/USEPA/US@EPA

                                                         Subject: comment on mountain top mining- another had
Phil Triolo

             cc:
01/15/2004 11:31

PM
Please respond to
philt
                           Mr, John Forren
                           U.S. EPA
                           (3EA30)

                           Dear Mr, Forren,

                           I find it incredulous that the environmental protection agency oould even consider altcrwirig
                           mining of mountaintops of within 100 feet of streams. The function of the EPA, if I understand
                           its chaster, is to protect the environment from wanton destruction such as that created by
                           mountain top mining. Such activity negatively impacts the surrounding valleys and streams, and
                           native wildlife, and threatens the safety of the surrounding water supply.

                           Please do not weaken any of the current regulations that restrict raining atid particularly mountain
                           top removal. Further, the draft, EIS on mountaintop removal needs to be rewritten to limit the size
                           of valley fills that bury streams and foul our precious water supply.

                           Further, the draft EIS should uphold and support the current rules that make it illegal for mining
                           activities to disturb areas within 100 feet of streams.

                           Thanks for your consideration in protecting the public from the harmful effects of irresponsible
                           mining activities-

                           Phil Triolo
                           148 S. 1200 E
                           Salt Lake City, ITT 84102
                                                                                                                                                                                                          1-10


                                                                                                                                                                                                          1-7

                                                                                                                                                                                                          1-10
                                                                                                                     Twenty years from now you will be more disappointed by the things you
                                                                                                                     didn't do than by the ones that you did do.."
                                                                                                                      •Mark Twain

                                                                                                                     Phil Triolo
                                                                                                                     Phil Triolo and Associates LC
                                                                                                                     www.philt.com
                                                                                                                     801328 1996 phone
                                                                                                                     $01 328 2399 fax
MTM/VF Draft PEIS Public Comment Compendium
          A-1241
                                                        Section A - Citizens

-------
Martha Turnquist
                                                                                        EllisaValoe
                                                                        1-10
                                                                                                            	Forwarfed by David Rider/R3/USEPA/US on 01/08/2004 01:58 PM -—


                                                                                                                                         To:    R3 Mountaintop@EPA
                          "ellisa@clarityco
                          m.com" 
-------
MaryVassalls
                                                                                                          Corey Vernier
-     1-10
                                                                                                                    	Forwarded by John Forren/R3/USEPA/US on 01/21/2004 12:21 PM	

                                                                                                                               Corey Vernier
                                                                                                                                          cc:
                                                                                                                                             Subject:  Mountain Top Removal Comment
                                                                                                                               01/21/200401:21
                                                                                                                               AM

                                                                                                                    Dr. Forreft,

                                                                                                                    I'tti pleased to bave a.n opportunity k> voice my opinion on tlie developing situation
                                                                                                                    regarding mountain top removal mining. At first glance, (mis technique is appaliing,,.both
                                                                                                                    in »cope, and in scale. 1 can understand the ecanottiie reasons for resorting to mountain
                                                                                                                    top removal, due to the increasingly scarce nature of Appalachian coal seams, and the
                                                                                                                    growing utilization of low-sulfur content coal from mines in the Gmai Plains. But a line
                                                                                                                    has to be drawn across the path towards profitability of tie mining companies who
                                                                                                                    practice this. Excavating shafts in mountains and open pit mining w one thing...but totally
                                                                                                                    removing a mountain top, or a whole ridgeliae, is on a totally different scale of natural
                                                                                                                    destruction.

                                                                                                                    The placement of removed material in an adjacent valley is equally destructive. For one,
                                                                                                                    its obviously the easiest and cheapest way of dealing with tit® material. The loose,
                                                                                                                    cohesionless nature of the valley fill leisds to a very unstable slope. As the Massey Valley
                                                                                                                    dope failure of 2002 demonstrated, these fills can collapse wnen exposed to excessive
                                                                                                                    amounts of rainfall, causing damage to nouses downtftteam. The concept of rebuilding
                                                                                                                    ridgelines after the coal has been extracted is totally infcssible, unless extreme care is
                                                                                                                    taken to compact the material in such a way that water seepage doesrft cause the ridge to
                                                                                                                    collapse. The possibility of damage to houses, businesses, and the environment is
                                                                                                                    monumental.

                                                                                                                    Just like many other industries that have risen and fallen, I believe that mountain top
                                                                                                                    removal is the last desperate measure of mining in the Appalachians. Allowing an
                                                                                                                    increasingly destructive metltod used to extract a decreasing amount of coal  reveals a
                                                                                                                    lack of common sense in tsgulating bodies, namely the EPA. Will the Environmental
                                                                                                                    'Protection' Agency take responsibility for allowing the mining industry to wreck havoc
                                                                                                                    on ridgelinei when all the coal is gone and only the spoils are left? That sums up my
                                                                                                                    opinion on mountain top removal: a short-term solution to an inevitable depletion of coal
                                                                                                                    in the arcu, while totally disregarding the environmental repercussions that may be forced
                                                                                                                    onto the future generations of the region.

                                                                                                                    Thank you for your time,

                                                                                                                    Corey Vernier
                                                                                                                    Raleigh, NC
                                                                                                                    1-9
MTM/VF Draft PEIS Public Comment Compendium
                 A-1243
Section A - Citizens

-------
Sue Vernier
         .„„ Forwarded by David Rider/RS/USEPA/US on 01/09/2004 02:49 PM —-
                     Richard A Vernier
                     
                                  cc:
                     12/29/200307:08
         eastern U.S.
  To:    R3 Mountamtop@RPA

Subject: DEIS on Mountain Top Mining/Valley Fill in
                     PM

         December 29,2003

         Mr. John Forfeit
         U.S. EPA (3BA30), 1650 Arch Street
         Philadelphia, PA 19103

         Dear Mr. Forren:

         Subject: DEIS on Mountain Top Mining/Valley Fill in Appalachian region of eastern U.S.

         Please accept this as my public comment on the subject DEIS.  I request thai it be re-written and
         re-issued for public comment after environmental concerns fife addressed and environmental
         alternatives included. Also, such coal mining practices should cease pending the finalization of
         an EIS.

         The DEIS was drafted as part of a settlement agreement over litigatkm filed by the West Virginia
         Highlands Conservancy.  Environmental alternatives were to be included that would restrict or
         reduce mountain top mining and valley fill and these were in the origins! document. However)
         the environmental alternatives have been removed. This appears to be in violation of the
         litigation agreement and will probably not survive a court challenge.

         The planned coal mining will cause a projected loss of over 380,000 acres of mostly ttiature
         de&iduous forastiand in Kentucky, West, Virginia, Virginia and Tennessee. The proiacted
         mountain top removal and valley fill will have serious impact, which the DEIS chooses to ignore
         or minimize, on a wide array of aquatic and terrestrial organisms.  However, 1 would like to
         direct my comments specifically to the impact on rmgrstoiy, mature-forest bird species in the
         region, including Cerulean Warbler, Louisiana Waterthrush, Worm-eating Warbler, Kentucky
         Warbler, Wood Thrush, Yelk>w*ihroated Vireo and Acadian Flycatcher. (These are just sotne of
         the birds affected.) The Cerulean Warbler has been petitioned for listing under the Endangered
         Species Act and  is also on the U.S. FWS National List of Birds of Conservation Concern. This
         forest-breeding bird prefers ridge lops within large blocks  of mature forest and has suffered
         drastic population declines over the last  several decades. Hie core breeding range coincides very
         closely with the four-slate mountain top mining areas,

         We have already lost about 200,000 acres of biologically rich hardwood forest in the
         Cumberland Plateau in eastern Tennessee, which have been clearcut and replaced by a
                                                       1-5
                                                       7-3-2
monoculture of loblolly pine trees. Another 300,000 acres of high-quality forest have been lost
to mining in the last ten years. These losies of bfodivewify coupled with the proposed loss
from (uture mountain top mining and valley fill will be devastating. The cumulative losses have
not been taken into account in the DEIS. The global populations of neotropical migrants are at
risk.

Finally, the suggestion that mitigation could take place with reforestation defies logic. First, it
would be voluntary and would take years.  'l"he 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".

Mining is a short-term benefit to local economies and onee the coal is extracted, the industry will
leave the region.  However, if the scenic viMas and natural heritage of the area are preserved, an
economy buoyed by recreation and tourism would provide added value for generations to come.

Sue Vernier
RR 2 Box 350
Princeton, IN 47670
812-385-5058
                                                                                                                                                                                                                7-3-2
7-3-3
MTM/VF Draft PEIS Public Comment Compendium
                                                                A-1244
                                                                          Section A - Citizens

-------
JeffWaites
                                                                                 Judith Walker
     Date: 01/08/200401:37:54 PM

     .In response to your comment* sent on 1/6/04 0:54

     OUR REMARKS TO- FORWARDEE ARE AS FOLLOWS:

     We are forwarding: an intjuiry received via the Public-Access e-mail
     system..
     Please respond directly to the original requestor;

     eateafce@belisouth.net
     JeffWaites
                          — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM -—

                                     Judith Walker
                                            cc:
                                                 Subject:  draft eis comments - Appalachian
                          mouiitiuntops
                                     12/31/2003 12:40
                                     AM
     Public Access
     Headquarters Information: Resources Center., Operated by AS RC Aerospace
     Corp.
     Ariel Rios Building
     1200 Pennsylvania Avenue, N,W. (3404T)
     Washington, DC 20460
     Pax: (202)566-0574
     REQUESTOR'S ORlC,!NfAL COMMENT WAX A$ FOLLOWS-:

     Please do everything you can to stop the blowing off of mountaintops
     for
     mining purposes; it's long past the time for this, practice to be
     outlawed.
     Thank you for your help with this matter.  JeffWaites  675 Interlojt
     RA
     Irondale, Alabama 35210 205 9519657

                       Item* 200401:0352

     Name: JeffWaites
     Emailr eatcafce@bellsouth.net
     Phone Number;
     Fax "Number:
     Organization;
1-9
                          Dear Mr Forren,

                          As a US voter very concerned about the environment, I urge you to amend
                          this
                          draft environmental impact statement to better protect the Appalachian
                          mountains from destructive mining practices. Please limit the ability of
                          mining companies to destroy these precious mountains.

                          Sincerely,
                          Judith Walker
                          630 E. 14 St. #2
                          New York, NY 10009
                                                                                                                                                             1-9
MTM/VF Draft PEIS Public Comment Compendium
          A-1245
Section A • Citizens

-------
Brace Wallace
                                                                6 January, 2004
         Mr. John D. Forren, 3EA30
         USEPA Region 3
         1650 Arch Street
         Philadelphia, PA 19103-2029

         Dear John:
             I am attaching my review of the mountalntop removal/valley fill (MTR/VF) draft EIS which is
         enclosed as an attached document.  Reading through the document and comparing the EIS with
         the technical studies, one gets the impression that rather than the promised goals of enhancing
         environmental protection resulting from MTR/VF activities were not achieved  The purpose of
         this EIS. as presently constructed, seems to have the objective of making the permitting of coal
         mining easier. When I first started with this work in 1999, the mining operations were called
         MTR/VF Now in this draft of the EIS they have all been changed to mountalntop mining
         (MTM/VF), which historically has been the lexicon of the mining companies - not the public.
         environmental groups or most agencies. Thus, I rest my case as to who influenced what on this
         draft EIS.

             I also have problems with the alternatives chosen In the Executive Summary and in the
         document   In many instances, several factors  pointed out that smaller and restricted size of fills,
         would result in enhanced public protection, enhanced public safety, and enhanced environmental
         protection. The alternatives recommended really boiled down to the cheapest method to mine
         the coal, not long-term questions about the eventual fate of the people or the environment of the
         region.  Thus, I have many problems with this BS, which ! go into in depth in the attached review.
         These problems are centered about several major points, as follows:
             a)  The document m full of promises with little or no supporting documentation on or how
                those promises will be fulfilled - only very vague generalizations.
             b)  Several of the main chapters if! the EIS show lack of scientific knowledge on the part of
                the writers or inaccurate and misleading statements and/or wording.
             c)  When mention is made of environmental damage resulting from MTR/VF mining it is
                done with extremely evasive and ambiguous wording in what appears to be a deliberate
                attempt to deceive any uninformed reader.
             d)  The lack of a direct approach, clouds scientific data with ambiguity and is extremely
                annoying,
             e)  The Executive Summary, as well as the entire document, ignores many key scientific
                facts and in fact is often a rehashing  of vague promises based on vague generalities in
                the EIS.  The details of how these vague promises of future work (who, how, when,
                where) are missing in the main EIS.
             f)  There must be more spelling out of how, who, what, when and where rather than vague
                generalities and less cross citing of chapters when referring to these Indistinct promises
             g)  The document is replete with statements about mitigation, without giving any details
                about who, how, what, and by what processes mitigation is to be assessed, is there any
                evidence of any scientific study on any  aquatic mitigation performed in conjunction with
                MTR/VF In the past? If so it  needs to presented in this EIS.
             h)  There are excessive promises of best management practices (BMPs) without giving any
                evidence of what those are in this EIS.  They should be provided here and now - not
                some vague promises of what will  be done.
             i)   The document is replete with statements such as protecting and maintaining stream
                functions; yet, not  one Federal agency associated with this HIS has ever assessed or
                proposed to assess stream functions (e.g., nutrient cycling, decomposition, production,
                etc.) associated with MTR/VF mining to my knowledge.
            j)   Many times examples are given of assessing stream functions by the COE. if they are
                referring to the Eastern Kentucky Stream Protocol, then it should be in one of the
                Appendices of this draft EIS and available for Ml public scrutiny.
                              Forren,
                              Page 2

                              k)  The document is replete with statsments such as protecting "high value" aquatic systems;
                                 yet, no biological inventory is being required in many if not most cases - so how are they
                                 going to recognize a "high value" aquatic system?
                              I)   Several of the technical studies In the EIS point to enhanced environmental protection
                                 (cumulative impact on downstream organisms and chemistry) and less human impact
                                 (reduced flooding).  Less disruption with smaller fills, are not considered as they are not
                                 in the best interest of the mining companies.
                              m) Among the above, selenium concentrations, a bad actor in aquatic ecosystems (see
                                 attached review), whose conc^ntrstions exceeded EPA safe drinking water standards in
                                 66 cases, and contaminates and bioaccymulates in downstream food chains, is largely
                                 ignored It is incredulous that this is not even mentioned in the Executive Summary!
                              n)  It is painfully obvious that much of the concerns of the EPA's own scientists were largely
                                 Ignored.
                              o)  It is also clearly evident that the concerns of many citizens living in the MTR/VF study
                                 areas have been ignored.
                              p)  In order to achieve 8 completely balanced approach, it is probably unwise to have those
                                 agencies conduct an EIS that are the same agencies subject to initial lawsuits over the
                                 MTR/FV issue. Reading through the executive summary and most of the EIS, and
                                 comparing it with some of the technical information, it is clear that this report should have
                                 been commissioned through Independent groups such as a joint study between the
                                 National Academy of Scisrice, and the National Academy of Engineering. As such and
                                 as it stands now this entire process Is seriously flawed.

                              John, finally I must ask that my name not be listed in this document as reviewing this
                              document. As it stands.. I would be ashamed for the public, my colleagues and the scientific
                              community in general to think that I offered even tacit approval to this document as it is
                              presently constructed,   I trust that you find  my attached comments useful toward another
                              draft of this EIS.
                     1-5
                     4-2
1-5
                          Sincerely,
                          J. Bruce Wallace
                          Professor of Entomology
                            and Ecology
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  Comments on Coal Mining BS by J. Bruce Wallace with suggestions for improving and
  making changes.

  Executive Summary: This is where I have some of my most serious concerns.  After
  reading this section, 1 have serious doubts about the whole process of this EIS as
  presently constructed. In order to achieve a completely balanced approach, it Is
  probably unwise and unjustified to have those agencies conduct an HS that are the
  same agencies subject to the initial lawsuits.  After reading through the executive
  summary and comparing it with some of the technical information, it is clear that this
  report should have been commissioned through an independent group such as a joint
  study between the National Academy of Science, and the National Academy of
  Engineering, As the executive summary is presently framed, it is painfully obvious that
  much of the concerns of the EPA's own scientists were largely ignored.  One wonders If
  the person or persons responsible for this summary even read the scientific studies, the
  most important of which are buried in a 34cm high stack of appendices.  Despite these
  serious flaws in the entire process of this HS, my detailed comments are as follows.

  Executive Summary:
  In general, scientific data are largely buried or glossed over in the executive summary,
  which falls to expose the full extent of some of the more serious problems such as the
  extent of environmental degradation,  including long-term problems with water
  chemistry, aquatic  assemblages, as well as lack of potential for forest recovery. These
  well-documented and serious environmental problems are buried in a stack of
  appendices that are 34cm in height. A much shorter and more direct summary of these
  environmental insults should be included in the executive summary and not dismissed
  with evasive wording such as"'questions still remain*', * appear^', 'continue  to
  evaluatf, etc.  AWiough the word environment in some form Is mentioned some 40
  times in this executive summary, with wording such as"minimizing ad¥erse",
  "enhance, etc., etc., there's really not a lot of solid improvements laid out in this HS
  other than vague promises.

  Page ES-2, second paragraph - if these measurements of stream miles were made from
  a USGS topographic map (1:24000) then they represent a large underestimate of the
  stream miles in the region. For example, Luna Leopold (1994) noted in his book "A
  View of the River", "blue lines on a map are drawn by nonprofesstonal, low-salaried
  personal. In actual fact, they are drawn to fit a rather personalized aesthetic"
  (Attachment #1).  Furthermore, Leopold (1994) gives examples showing that  "if actual
  channels are mapped on the ground {rather than a USGS 1:24,000 map}, a far larger
  number will be found than those discerned on a published map". One of the  items
  needed for the study area is a much better documentation of stream length in areas
  that are proposed for mining. Or, are you referring to the method used in the
  cumulative impacts study in Appendix I?  If so, please read my comments
  about deleting a certain area, i.e. <30 acres, as having a headwater stream
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see comments below: Appendix I, Cumulative Impact Studies page 24, on
about page 76 of this review below.

Page ES-2, third paragraph - Shouldnt you point out that unemployment, poverty, and
out migration out of the study area are not only well above the national average, but
also above the state average for the mining counties in contrast to the non-mining
counties?  Somewhere a detailed socioeconomic study should be conducted by an
independent outside group appointed  by the National Academy of Sciences that
considers both long-term and short-term effects of mining activities on communities.

Page ES-3, under technical studies, note these sentences in third paragraph down - "As
a result, natural succession by trees and woody plants on reclaimed mined land (with
intended post-mining land uses other than forest) was slowed. Better reclamation
techniques for growing trees on mined lands now exist and are being promoted."  First,
this gives the misleading interpretation that forests are returning. Read section III .B-17
"Planting trees on mined land" makes It  quite clear that this is not occurring. (Note
page 12 in Handel's Report Appendix E - * We are yet to see evidence thatttte original
community has or will return to these serious/y degraded landscapes,"  Note also the
problems mentioned in the following paragraphs of Handel's report).  The EPA should
promote a long-term recovery study to get some idea on any potential  forest recovery
under different conditions. Some of the initial phases could be done by sampling valley
fills of different ages.

Page ES-3, second bullet "Atone species  of Interior forest songbirds occur in forest
unaffected by mining than forest edge adjacent to reclaimed mined land. Grassland bird
species are more predominant on reclaimed mines. Simllarlyrsmphibians (salamanders)
dominate unaffected forest, whereas reptiles (snakes)occupy the reclaimed mined
lands. Small mammals and raptors appear to inhattit both habitats. This wording is
indirect and somewhat "evasive wording" compared to more direct statements on
III.F-7.  Should read:  "There are fewer species of forest songbirds on  mined areas
compared to un-mined areas and grassland birds replace forest species. Most
amphibians (primarily salamanders) are  replaced by reptiles (snakes) on mined lands.
Small mammals and raptors apparently Inhabit both forest and mined areas, but the
overall affect of mining on these two groups has not been adequately assessed."

Pap ES-3, bottom of page, again, see Leopold statement above - 1200 miles represent
an underestimate and as I recall these estimates were made several years ago from
blue lines on USGS topographic maps which fail to show most first order streams (1999
I think). Furthermore, note the diverse  aquatic assemblages in streams destined for
burial, although such streams generally  do not appear on USGS topographic maps in "A
Survey of Eight Major Aquatic Insect Orders Associated with Small Headwater Streams
Subject to Valley Rite from Mountaintop Mining" in Appendix D, Part 2. Thus we are
losing valuable aquatic habitats that are not even being considered in the above
estimates of stream loss.
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   Top of page ES-4. Again, as noted above, it should be clearly stated these are large
   underestimates and many miles of streams are being lost with valuable aquatic
   assemblages that are not being considered in these estimates.

   Page ES-4, second bullet, again no mention is made of the diverse aquatic fauna
   associated with the smallest of these headwater streams, i.e., as pointed out in "A
   Survey of Eight Major Aquatic Insect Orders Associated with Small Headwater Streams
   Subject to Valley Fills from Mountaintop Mining" in Appendix D, Part 2.

   Page ES-4, third bullet, 1 agree that the Chemistry Technical Study is not put together
   very well, (see comments on that section below).   But it is not accurate to say,
   that mined areas are characterized by an increase in minerals - there is a
   very large increase in ions, which leads to ridiculously high conductivity, as
   well as severe water quality problems. The  US IPA's water quality studies
   found stream water chemistry parameters below valley fills were elevated
   for a number of parameters compared to streams draining un-minded areas,
   For example the ratio of filled / un-mined sites: Sulfate = 4ix greater; Calcium,
   Magnesium, total hardness  = >21x greater; Total  dissolved solids = >16 x greater;
   Conductivity, alkalinity, Potassium = S-9x greater; Selenium = 7.8x greater and had a
   median value of 11.5 ng/L below fills. The US EPA's on safe drinking water standards
   are only 5 ng/L and - 66 violations (in excess of safe drinking water levels) of Selenium
   were found. Note that these ratios are based on median values, and many values are
   much worse than I have presented here.  Why is no mention of these very severe
   problems, as well as the potential long-term effects on downstream water
   supplies? Our potable water supplies have the potential to be harmed many years
   into the future because of large increases in concentrations of several chemicals as
   recently found by the US EPA below valley fills. Surely, this deserves, adequate
   treatment in the executive summary. This is potentially extremely harmful to the health
   of both humans and animals in both the short-term and long-term.
   Page ES-4, third bullet, ditto above comments, the comments about macroinvertebrates
   are In accurate and unclearly presented It Is stated much more clearly by the EPA
   Report from Cincinnati (by Fulk et al.),  " The consistently higher stream biological
   integrity scores, as measured by the WV stream condition index, showed that streams
   below filled sites have lower biotic integrity than sites without valley f/f/s.  Furthermore,
   streams below fills had fewer taxa, which was primarily attributed to reductions in
   pollution sensitive taxa.  Although it is dear that streams below flits have reduced
   biological integrity, some questions remain about how these impacts vary with time,
   additional fills, or influence the genetic diversity of animal populations.  Only one basin.
   Twenty mile Creek, contained sites where seasonal values (autumn) for biological
   integrity were good and these collections were associated with a severe drought."
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Page ES-4 'Streams In waterstieds tielow valley Ms tend to have -gmtter base flow,
These flows are more /ptfs/stmt fftsn- owpwfife urnnffted nateste&S&w/ns with
fills are generally less prone to higher runoff than unmined arsas during most low-
frequency storm events; however, this phenomenon appears to reverse itself during
larger rainfall events."

This should be restated more directly, as follows:  "Streams draining valley fills tend to
have greater and more persistent base flow due to the lower evapotranspiration from
deforested regions. During small  storms streams draining valley fills usually have less
runoff than those draining unmined areas. However, the available evidence suggest
that streams draining valley fills have greater runoff than those of unmined areas
during large storms,"

ES - several locations - Flooding is inadequately discussed in the OS Executive
Summary: and it should be included following as a reason to limit size of fills:" These
results indicate the largest dra/nage area (Hobet Westndge Valley Fill) with the highest
percentage area disturbed had the greatest Increase in peak How from pre-mining
conditions. The results also indicate that the smallest drainage area (Samples Valley Fill
#2) with the smallest percentage area disturbed had the lowest increase in peak flow,"
(Section III, 6-4), Is public safety not a concern?   If public safety is * concern,
why was it ignored under the proposed alternatives? This should also be
considered under cumulative impacts.

ES - and energy needs the paragraphs on page iV.A-5  provides some information
about importance of coal to energy needs, based on those paragraphs I gather: So the
loss of these reserves would not have an immediate, Irreversible effect on energy
production because sufficient reserves exist elsewhere? Why isn't this in the executive
summary?  At least mention what ttie coal reserves are in other regions compared to
Appalachian reserves within the MTR/VF area.

    There is a much more serious matter relating to hydrology that is not
mentioned in the executive summary.  Note in Appendix H (flooding
studies), Under Exec. Summary Comparison of stream characteristics in small gaged,
unmined and valley-filled catchments	on page 3, that runoff is 1.75 X greater per unit
surface area from mined than unmined catchments. This difference should be
noted under any mention of hydrology in the executive summary.
Furthermore, Otis means that downstream areas are going to experience
increased downstream loading of elevated chemicals mentioned in the above
paragraph. This needs to be mentioned in the executive summary.

Page ES-4, * Wetlands are, at times Inadvertently and other times intentionally, created
by mining via erosion and sediment control structures. These wetlands provide some
aguattc functions, but are generally not of high quality." Wetlands are such  a small
amount of this entire subject matter, and play such a minor role, why are they even
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     mentioned here in lieu of all of the other important aspects that are not even
     discussed?

     Page ES 4," The extraction of coal reserves In the study area could be substantially
     impacted If nils are restricted to small watersheds. The severity of impact to coal
     recovery correlates with the magnitude of the ffff limitations and site-specific and
     operational factors." Why not rephrase as follows to state exactly what you intend
     to say rather than use the evasive wording; "In spite of increased
     environmental protection obtained from small fills, we think it is more
     important to mine coal and ignore any environmental impact",

     Furthermore, Why is the following conclusion which show the degree of
     impact on size of fills (Yuitt's study Appendix G) ignored?" The various levels
     of constraints for potential future mining do strongly impact the proximity of rural
     residents to potential mining areas with the unconstrained and slight constraints
     scenarios impacting almost double of number of populated areas tfian the most
     constrained scenario,"

     Page ES-4, under actions and alternatives, "Theobjecffve of the coordinated
     program improvements considered is to integrate application of the CWA and
     SMCKA to enhance environmental protection associated with MTM/VF operations
     (Really? The message one gets from reading most of this document is to
     make permitting easier, without any evidence of enhanced environmental
     protection). The CWA/SMCRA program improvements envisioned include more
     detailed mine planning and reclamation; clear and common regulatory definitions;
     development of impact thresholds where feasible; guidance on best management
     practices; {BMPs are mentioned many times in this EIS, without any
     supporting development of BMP policies} comprehensive baseline data
     collection; careful predictive impact and alternative analyses, including avoidance
     and minimization; and appropriate mitigation to offset unavoidable atfuatic impacts.
     {Again, appropriate mitigation is mentioned multiple times in this EIS,
     without ever mentioning who evaluates, how mitigation is evaluated,
     etc.} The EPA, CO£, and OSMpropose to promulgate regulations and develop
     policies or guidance as necessary to establish an integrated surface coal mining
     regulatory program to minimize environmental Impacts from MTM/VF. "{Hut, this
     is the EIS, why are promises still being made after over 3 years without
     any clear-cut examples? Please cite pages and examples where these
     appear.}

     ES-6, under" Under Action Alternative 1, CQE would require mitigation of
     unavoidable aquatic impacts either through on-site replacement of aquatic functions
     or by in-kind, off-site watershed improvement projects within ttc cumulative impact
     area, {ditto numerous questions about mitigation below and above.
     Furthermore, the COE Protocol for Eastern Kentucky does not measure
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any stream functions whatsoever, and it is erroneous to pretend it
measures stream functions.  A formal review of this protocol will follow
witti a week.} The COS would be the lead agency for £SA consultation on aquatic
resources fThis should be either the EPA or PWS, not the COE}. and the
SMCKA agencies would coordinate with fWS on aquatic and terrestrial species would
defer to, or condition decisions on attaining, the requisite CWA Section 404
approval.
would consider rulemaking so that the stream buffer zone would be inapplicable to
excess spoil disposal in waters of the U,S, would finalize excess spoil provisions to
Include minimization and alternative analysis more consistent with those under the
CWA. Cross~0rogram actions include rulemaking; continued research on MTM/VF
impacts, improved data collection, sharing, and analysis; development of Best
Management Practices (BMP) {again, development of BMPs are promised
many times in this EIS without any evidence to support BMPs.} and
Advance Identification (ADID) evaluations; and agency coordination
memorialized by such mechanisms as Memoranda of Agreement to further minimize
the adverse effects on aquatic and terrestrial resources and protect the public
{Specifically, how are these promises' going to minimize adverse effects
on aquatic and terrestrial resources and protect the public? Other than
vague promise* here and there in this EIS, no concrete evidence is
provided.  If they are provided cite chapter and page.}.

ES-6, under Action Alternative 2  (preferred) "OSM would apply functional stream
assessments to-determine orsite mitigation. "{See above comments concerning
functional assessment a* none of these agencies have ever addressed
stream functions in the MTR/VF area, or have experience in doing so.
Furthermore, the eastern KY stream protocol is not a functional
assessment.} The COE would make case-by-case decisions as to NWP or IP
processing. {Based on what?  Who decides? What proportion of NWP vs IP
do you envision, spell it out without vague wording.} Mitigation of
unavoidable aquatic impacts would be required to the appropriate level. {See
comments throughout these cases relating to mitigation, who decides,
who evaluates, and how are they evaluated - spell it out without vague
promises.} These actions would serve to further minimize the adverse effects on
aquatic and terrestrial resources and prefect the public. {Ditto above comments
about this same statement.}  My review of the Eastern Kentucky Stream
Protocol will be sent within the next week.

ES-6, Action Alternative 3, ditto same comments as made tar action alternative
1 and 2, above.

ES-7, bullets, 'As described in more detail in the Draft ES, the Federal and/or state
agencies cooperatively would:"
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     • develop guidance,policies, or Institute rutemaUng for consistent definitions of
     stream characteristics, as well as field met/tods for delineating tfwse charxter/sOcs.
     (Where are these described In this EIS? I cannot find them in the 34 cm
     stack of materials? If they are present cite the location and page)
     •continue to evaluate the effects of mountaintop mining on stream chemistry and
     biology.
     {Ditto, Mils is not described in this EIS, how, Who, when and where?}
     • continue to work with states to further refine the uniform, science-based protocols
     for assessing ecological function, making permit decisions and establishing
     mitigation requirements. {There is no protocol for assessing stream function
     described in this EIS! Surely, you are not referring to the E, KY Stream
     Protocol? No function is being measured in that protocol. You can not
     come up with a protocol for assessing stream function, this has to be done
     by direct measurements and I am unaware of any direct measurement of
     stream ecosystem functions done in association with this EIS. Throughout
     this document, if the E. KY Stream Assessment Protocol is being referred
     to as assessing stream functions, then it must be included as part of this
     EIS.} Ditto, previous remarks that my review of the Eastern Kentucky
     Stream  Protocol will be sent within the next week.

     * continue to assess aquatic ecosystem restoration and mitigation methods for
     mined lands and promote demonstration sites, {Continue to assess? This
     implies some assessment has been made to date? Where is such an
     assessment in this EIS?}
     • Incorporate mitigation/compensation monitoring plans Into SMCRA/NPDES permit
     inspection schedules and coordinate SMCRA and CWA requirements to establish
     financial liability (e.g. ,tx>nding sureties) to ensure that reclamation and
     compensatory mitigation projects are completed successfully. {Who will do this,
     how will they do it and when will they do it? Why has it not been done in
     the past?  Can you cite one example where a mitigation project has been
     assessed in any detail?}
     • work w/tn interested stakeholders to develop a best management practices (BMPs)
     manual for restoration/replacement of aquatic resources. {Ditto, comments
     above and below about BMPs - this EIS is replete with statements such as
     this without giving any concrete examples or evidence.}
     • evaluate and coordinate current programs for controlling fugitive dust and blasting
     fumes from mountaintop MTM/VF operations, and develop BMPs and/or additional
     regulatory controls to minimize adverse effects, as appropriate. {Who, how, and
     when and ditto comments about BMPs.}
     • develop guidelines for calculating peak discharges for design precipitation events
     and evaluating Hooding risk. In addition, tfie guidelines would recommend
     engineering techniques useful in minimizing the risk of flooding. ^Who will do
     this?  Surely USGS? I cannot find examples in the 34 cm stack of
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documents, you should clearly cite where each of these promises are
developed in this EIS.}
• based on the outcome of ongoing informal consultation, Identify and implement
program changes, as necessary and appropriate, to ensure tftat MTM/VF Is carried
out in full compliance with the Endangered Species Act. {Whoa, where in this
EIS are any procedures for compliance with the Endangered Species Act
required, since in most cases no biological inventory is required?
• in Alternatives 1 and 2, EPA and the COE would consider designating areas
generally unsuitable for fill, referred to as Advanced Identification of Disposal Sites
(ADID). {Again if no biological inventory is required how would any ADID
be indemnified?}
*in Alternatives 2 and^the agencies would develop a joint MTM/VF application form.

ES-7 & 8, "The COE would;"
• continue to refine and calibrate the stream assessment protocol for each COE
District where MTM/VF operations are conducted to assess stream conditions and to
determine mitigation requirements as part oftfie permitting process, {ditto
comments above and below about the stream assessment as well as
mitigation.}
• compile data collected ttirough application of the assessment protocol along with
PHC, CHIA, antidegradation,  NPDES,  TMDLs, mitigation projects, and other
information into a GIS database, {What purpose would these data serve other
than being compiled, i.e. what action will be taken?}
• use these data to evaluate whether programmatic "bright-line "thresholds, rather
than case-by-case minimal individual and cumulative impact determinations, are
feasible for CWA Section 404 MTM/VF permits, {We went through this "bright-
line" threshold before, see the headwater stream study, Stout et al.,
Appendix D, which clearly shows viable multiyear aquatic taxa in
extremely small headwater streams that do not even appear on USGS
topographic maps,}
" The OSM and/or the state SMCRA regulatory authorities would:"
• continue rule making to clarify the stream buffer zone rule and require fill
minimization and iltsnutives analysis, {Give an example of haw you propose
to clarify the buffer zone rule and where, i.e., chapter or appendix it
appears in this IIS?}
• in conjunction with the PHC, CHI A,  and hydrotogic reclamation plan, apply the COE
stream assessment protocol to  consider trie required level of ons/te mitigation for
MTM/VF, {What hydrologic reclamation plan?  Where does it appear in this
EIS, and ditto numerous comments about mitigation above and below.}
• develop guidelines identifying state-of-the-scfence BMPs for selecting appropriate
growth media, reclamation techniques, revegetatton species, and success
measurement techniques for accomplishing post-mining land uses involving trees,
{This is also mentioned on IV.C-1, but where are examples of the
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      promised guidelines? Since this is the EIS, these guidelines should be
      evident.}

      The EPA would;
      • develop and propose, as appropriate, criteria for additional chemicals or other
      parameters (e,g,f biological Indicators) that would support a modification of existing
      state water quality standards. {I agree with this especially selenium,
      conductivity and include tests of bioaccumulation of selenium in food
      chains.}

      The FWS would:
      * continue to work with Federal and state SMCKA and fish and wildlife agencies to
      implement the 1996 Biological Opinion and streamline the coordination process.
      {What is the 1996 Biological Opinion and how are they supposed to
      streamline the process? Don't you mean really do a rush Job within a
      short time frame?}
      • work with agencies to develop species-specific measures  to minimize incidental
      takes of T&Especies. {Shouldn't the word be avoid rather than minimize?}

      ES-8 last paragraph, * These changes include, but are not limited to:
      ftnallzatlon of rule-making by SPA and the COeto define "fill "material {Doesn't
      this  need to be revised based on December 2003 decisions?};
      reauthorlzation by tne COS of NWP 21, requiring case-by-case evatoatfons {This is
      an important point, but inside the main EIS I could find no hint as to how
      the case by case evaluations will work, where is this spelled out in this
      document yandcompensatory mitigation{Here, we go again, who, how and
      where with regard to mitigation, evaluations, methods, etc. are simply not
      developed in this EIS and they should be J>- increased focus on enhanced
      baseline data collection and monitoring of biological and chemical aspects of aquatic
      resources by the agencies; {Again, sounds good but not developed in the EIS,
      where is this spelled out other Mian promises?} implementation of state
      policies regarding approximate original contour that maximizes backfill and
      minimizes excess spoil; development of stream delineation policy, {Who, how and
      when for stream delineation? If this is the EIS, one would think this
      would be described in this document.} commercial forestry regulations, surface
      water runoff analysis and blasting,,, promotion of reforestation by OSM and the
      statesjand development of a post mining land use policy by QSM." {Since these
      practices have been going on for well over a decade why has this not been
      done previously?}

      ES-9, top paragraph, "...resource agencies, and coal market influences, there has
      been a reduction in the size and number of valley fills that have been permitted
      annually since the initiation of this £T5 in 1998. "Doesn't this statement need to
      be rewritten? According to "Coal Age Magazine" in July 2003, there were
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                     increased permits (4,400 acres) following the overturn of Judge Haden's
                     decision.  What sizes of fills are they permitting in KY?
ES-9, second paragraph, "Alternative 1,2 and 3bufld upon existing "best science "
methods-for characterizing aquatic resources, {Specifically, where are these
best science methods described In this EIS? Please provide chapters and
pages.} The goal is to tiring stakeholders, as well as state and Federal agencies,
together to establish common criteria and science-based methods for determining
baselines, impacts, and mitigation requirements. "{Specifically where are these
described in titis EIS, they should be plainly stated as to approaches and
what is proposed within this document. Please do so.}

ES-9, third paragraph, "Better stream protection from direct and indirect effects
would result from Improved characterization of aquatic resources;... '{How is the
characterization of aquatic resources going to improve stream protection?
This statement is followed by evasive wording such as can be, may, and
may reduce, which do not really do much to support how the process of
"characterization" Is going to improve the protection.}

ES-9, fourth paragraph, "...COS functional stream assessment protocol.. "{Again,
this protocol does not assess stream function, and no where in this
MTR/VF process is there any evidence that any government agency has
measured a functional process occurring in these streams.} "Section 404
permits wouU identify htgh-fttnctionirtg streams.... "{Ditto, how are you going to
measure a "high-functioning" stream when no functions have ever been
measured? Nor, are functions measured in your E. KY stream protocol. See
below  for a list of some stream functions.  By the way, what is a high-
functioning stream and how do you distinguish it from a low-functioning
stream based on true measures of ecosystem function?} Ditto my
previous remarks a review of this E. KY Stream Protocol will be sent
within the next week,

ES-iO, second paragraph, * Enhanced assessments would reduce the cumulative
adverse impacts of MTM/VF through more envimnmentilly-pmtective designs
{Explain how assessments will be enhanced, cite chapter and pages here.
Also, how will Hie act of "enhanced assessment" alone improve more
protective designs?}; enhanced compensatory mitigation that emphasizes onslte
reclamation and restoration of degraded stream vdthtn a watershed {ditto,
numerous comments above and especially below about the extensive use
of mitigation without concrete examples contained in this EIS.}; identifying
ami developing best management practices for restoring aquatic functions impacted
by mining; {ditto, comments above and  below about the replete use of
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     BMPs in this SIS, without any supporting data} and inclusion of improved
     techniques to grow trees and more quickly restore mined land to better terrestrial
     habitat {.se« comments about this below>. Agencies would continue to Identify
     better practices to reduce fugitive dust and fames from mining, and thus, reduce
     impacts to adjacent communities, Flooding would tie reduced by improved mining
     design, flood analysis, and, In the longer term, restoring the post mining land use to
     trees. '{I agree, if forests can be restored this would reduce flooding, but
     the EIS fails to give examples of restored forests on valley fills to date.}

     ES-10, third paragraph from top of page," The Memorandum of Agreement (MOA)
     and Reid Operating Procedures (FOP) proposed by the action alternatives should
     improve consistency, permit coordination, and reduce the processing time with a
     logical, concurrent process. "{This  seems to imply the objective of the EIS is
     not enhanced environmental protection.}

     ES-1 i, "process would also facilitate selection, Implementation and monitoring of
     mitigation projects {Again, the entire process of mitigation, who, how and
     when analyzed is simply not developed in this EIS and it should be in this
     document.  If it is and 1 missed It please cite chapter and pages here.} The
     coordinated process and actions that make up the action alternatives could mini mix
     adverse environmental effects by enhancing the following:
     •identification of the environmental resources; {Where is this developed in the
     EIS? Chapter and page numbers please.}
     •prediction of environmental impacts; {Ditto comments above about Chapter
     and page numbers.}
     •avoidance of special/high-value environmental resources; {It is unclear how this
     will be done as in most cases there is no biological inventory required.
     Please Explain?}
     • development of operation plans that mitigate (i.e.avold,minimae,avold,and
     compensate)adverse environmental impacts; {Ditto, this EIS is replete with
     mitigation without ever developing: how, when, who, and methods used
     to evaluate mitigation,}
     •consideration of the least damaging practicable alternative in fill placement;
     {Consideration, or implementation of the least damaging ? There is a
     difference.}
     •minimization of excess spoil material; {Minimization of excess spoil,  how and
     where is this described in the EIS, Chapter and page numbers please.}
     •consideration of adverse cumulative environmental effects; {Where are these
     considered? Some of those for stream invertebrates were treated as
     "additive" and not cumulative (Appendix D, EPA Cincinnati Lab Statistical
     Study).}
     • coordination of data sharing and analyses among key regulatory agencies to
     provide more informed decisions under the respective programs;  {Pleas* cite
     Chapter and page numbers where this is clearly spelled out in the EIS.}
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• technology transfer to identify the tiest practices reclamation techniques available
to avoid or minimize adverse environments! impscts {Please cite Chapter and
page numbers where this is clearly spelled out in the EIS,};
and,
•communication among stakeholders and regulators,  {Ditto above comments,
chapter and page numbers please,}

As an added commentary, in the Executive Summary, I found many
grandiose statements that were apparently being addressed in this EIS,
but when I tried to track down the details, 1 could not find them in the 34
cm high stack of documents. In some cases I found serious omissions or
misstatements that did not agree with the technical studies.
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   Comments on Main HS
   1-2 (Spelling of United under purpose of HS)
   1-3, top paragraph,  "Coal mining activities Involve temporarily or permanently
   diverting waters of the U.S. into engineered channels for various reasons, including
   mining coal beneath streams," From the sites 1 have seen most changes
   consist of permanently burying headwater streams; few sites are only
   temporarily diverted.
   1-3," The agencies assumed, for the purposes of Ms Draft BS, that impacts in the
   study area would probably be at least as significant as Impacts in other areas, ana"
   that the measures to address these impacts for tits study area would be adequate
   for other areas as tveff. Following the conclusion of the NEPA process for tfie issues
   addressed, trie need for additional evaluation would be assessed relative to other
   coal mining activities affecting jurisef/etionat streams," This is inconsistent witii
   some of the assumptions from the USGS hydrologic technical studies,
   where you dismissed some of the results as being "atypical" from an
   isolated watershed.
   1-3" The BS considers information on the following: the cumulative environmental
   Impacts of mountaintop mining; (I really did not see where Ms was done, In fad;,
   when biological data from the IPA statistical study showed evidence of
   cumulative impacts, the scientists were told to change It to additive.)  the
   efficacy of stream restoration (and, the failure to demonstrate any successful
   examples); the viability of reclaimed streams compared to natural waters (In our
   study of aquatic enhancement we did not see one example of a restored
   stream, this is implying something that is incorrect.); tfte impact that mining
   and associated fills have on aquatic life, wildlife and nearby residents; biological and
   habitat analyses that should be done before mining begins; practicable alternatives for
   in-stream placement of excess overburden; measures to minimize stream Oiling to tfie
   maximum extent practicable; and the effectiveness of mitigation and reclamation
   measures, "(Whoa, 1 raise this question several times below. When has
   mitigation ever been evaluated, by who, when,  how and where?)
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   1-4, "OSM has not viewed, applied, or enforced the stream buffer zone (SBZ)
   regulation to prohibit mining activities within the buffer zone, /those activities
   would have less than a significant effect on the overall chemistry and biology of
   streams, i.e., the overall watershed or stream below the activity." Well since
   stream chemistry and biological conditions have never been effectively
   evaluated until now how did OSM make their prior judgments? Especially
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in view of the chemical results and overall stream biology statistical
analysis conducted by the Cincinnati EM Lab.

1-5, last paragraph, 1 recommend that you give acreage of the fills, total amount of
forest lands effected, and miles of stream buried here, you should also mention that
these stream distances, if from the USFWS were taken from USGS topographic maps
which greatly underestimate the number and length of headwater streams (see
below as well).

1-6, "Also in 1997, EPA, COe, OSM, and FWS began meeting to cflscuss MTM/VF
through an EPA Region Iff forum cafetf the Federal Regulatory Operations Group. In
November J998,  the agencies signed a 'Statement of Mutual Intent," agreeing to
study the Impacts from and regulatory controls on MTM/VF.  This evaluation plan
stated the Mowing:.... Again, ditto some of my earlier comments, I think
this process suffers because it was done by Agencies within the Federal
Government that had vested interests (litigation, etc) rather than by an
independent outside group from the National Academy of Sciences and/ or
Engineering.

Starting on page  II.C-31 and much of the following page of Alternatives: Much of this
starting on the above page and continuing through the remainder of the lie
section of the main document seems to be filler, which provide minimal
information to  the main document. For example, much of this is devoted to
rehashing existing laws and regulations, which have largely not been
enforced (and they could be put in appendices); or, filled with contradicting,
and/or erroneous statements, as well as ambiguous wording.  For example, on
page ll.C-37 below Stream Impairment: Paragraph one, * have the potential to
influence", under the second paragraph "may result in stream impairment
downstivarrf', under paragraph 3 aquatic communities downstream of fills "may be
impaired", under paragraph 4, certain chemical parameters "an? sometimes elevated',
under the last paragraph 'Some macroinvertebrate communities change'	such
wording - these are "evasive words" The scientific evidence buried in the
appendices Is clear; the language used is obfuscatory and inaccurate.

By the way, in section II.C, the "evasive-word", "potential" Is used 48 times.

Page II.C-38 to II.C -42.  Why are all these regulations put into the main EIS, surely if
anything goes to  an appendix, much of this could.

II. C-42 - Stream-biomonitoring seems to missing from executive summary
and many of the alternatives don't appear to require biomonitoring for all
sites. The same could be said of the second paragraph here as well.
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   II.C-43. Again, under 404 permits it is painfully obvious that biological
   monitoring may not be required, In most cases it the latter. Furthermore,
   any time one sees the statement on individual case basis where aquatic life
   impacts are concerned, the question must be asked: If no monitoring Is
   required, how can you have any idea on what valuable aquatic life may or
   may not be present?

   Also for individual states such as WV, does the USEPA have any requirement on how
   any biological monitoring records are delivered to the WVDEP or maintained following
   their submission? As 1 recall from earlier conversations this is unclear, and those data
   are often not well maintained. Who analyzes these data? It seems as if one
   requirement should be to have those data be submitted electronically as well as a hard
   copy. If the submission forms were in  a standardized format It would be a valuable
   record for long-term analyses. Furthermore, if those date were required and
   maintained, then much of the present situation  would not even be occurring.

   II.C-43 through 44.  It is difficult to believe that this entire section on chemical
   measurements was written without singling out Selenium, which was clearly in excess
   of the EPA's safe drinking water standards on some 66 occasions.
   C-ll.C-44,  Under Action 5: Again, see comments above for page 43 concerning
   biological monitoring data. We already know there are going to be impacts,
   so exactly how is such data going  to be used to avoid or mitigate such
   impacts? Who makes these determinations and actually analyzes these
   data? This needs to be more specific.

   II.C-44. Under Action 6: Who makes the determinations outlined under the  bulleted
   portions of Action 6? See note below concerning the failure of any of the federal
   Agencies to measure what are stream functions. Likewise although they may promote
   it as such the same goes for the COE functional assessment,

   II.C-49 through 56. These pages are replete with stream functions and
   assessing loss of stream functions. Here are some stream functions as would
   be covered in an ecological context: 1) nutrient cycling (or spiraling) in  streams
   (includes uptake and release and processes such as denitrification and nitrification); 2)
   transport and retention (particles, etc); 3) decomposition such as detritus processing;
   4) organic matter dynamics (input, storage, retention, export); and, 5) Respiration, etc,
   However, during my years associated with reviewing material for this IIS, I
   cannot ever recall such a function  being measured in association with mining
   by any government agency.  So what is really being evaluated here?  If some
   of the agencies involved with assessing functions such as those being
   mentioned above it would be great and add greatly to our knowledge of and
   any degradation resulting from mining or any improvements from mitigation.
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ILC-56 through 57,  Section under SMCRA has some statements that simply
seem contradictory front one paragraph to the next.  For example at the
bottom of 56 the statement is made that no specific biological monitoring is
required under SMCRA and proposes that the COE sometimes requires the
COE "functional" stream assessments (although no functions are being
measured).  Since these are usually at the family level, or at best generic
level, there is really not a  biological inventory.  Yet, in Hie paragraph at the
top of page 57 states that "SMCRA regulations specifically provide details for
identification and protection of unusually high value fish, wildlife, and
related resources."  Here's my question: Without having some detailed prior
knowledge of the biota, how do the regulators propose to be able to assess
whether the habitat is of unusually high value? In this case the cart seems
to be ahead of the horse.

II.C-62-63, Under Cumulative Impacts, I disagree that this EIS actually evaluated
cumulative effects of MTM/VF over time. It has evaluated several individual
components but not cumulative effects over time.  There is in Appendix 6 (as
I recall) as section on cumulative impacts, which is ok, but far from being a
cumulative impact study with hard data. As I stated in the Introduction, this
report should have been commissioned through independent groups such as a joint
study between the National Academy of Science, and the National Academy of
Engineering to assure that the assessment was being made by independent groups
rather that the same government agencies that are under litigation.

II.C-62-63, Under Cumulative Impacts, second paragraph: *7Ws estimate does not
Include arty reforestation efforts following mining and timbering."  This seems to
apply that a significant amount of reforestation is occurring. Handel's report
in Appendix E, illustrates this Is not occurring.

Also II.C-62-63. Under Cumulative Impacts, second paragraph ''Absoluts limitations on
valley fill size wouU result In: 1) reserves typically accessible by larger mining
equipment becoming unminable; 2) more rapid depletion of reserves minable by smaller
equipment spreads; 3) increased competitive pressure on central Appalachian coal from
Powder River  Basin,  natural gas, or ottter imported/domestic  coal sources;  and 4)
resultant Increases in mining  costs, drops in mining and related employment, decreases
In severance taxes,  etc. [Appendix  Gf,  Well, what environmental economks,
such  as  natural resource regeneration (a  healthy and  renewable forest),
ecosystem services (nutrient uptake and release, impact on runoff and water
quality  to downstream areas  were considered).   How  about long-term
economics of  region when  a  healthy, livable  environment is  destroyed,
populations migrate, etc.  Why aren't these part of your economic analyses?
Every item above is centered around one thing: mining coal at the cheapest
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  price: This really bolls down to short-term economic gain for long-term environmental
  degradation. However, the question should not be "How can we extract coal resources
  with the minimum expense and maximum short-term profit for the mining companies?"
  but rather "How can we extract coal resources in a wise manner, which ensures long-
  term environmental integrity, productive forests, unburied and unpolluted streams, and
  long-term  productive economies for our children and grandchildren?"  Compare the
  statements in  this section with the overall purpose of the IIS on page 1-2.
  This only adds to my opinion that this EIS should have been done by either a
  committee appointed by the Nat. Acad. Sci. and/or Nat. Acad. Engr.

  II.D-2. There are some real twisted and skewed perspectives contained in this section.
  Quote page 2," From a ecological standpoint, however, some stream segments in the
  upper reaches of watersheds can be important aquatic hatitats. Restricting tills to the
  uppermost stream segments does not recognize the importance of some upper stream
  segments as ecologically established aquatic habitats. Because existing data do not
  establish a scientific basis for categorically limiting nils to specific stream segments, this
  £f5 proposes to continue individual, site-specific data collection and study to evaluate
  the ecological importance of upper stream reaches,"  This statement is twisted
  jargon. Interpretation: Since streams exist that are undocumented on  USGS
  Topographic maps, which can have a diverse fauna and be important
  ecological habitats, Mien it is ok to bury more of them by increasing the size
  of fills.  By many accounts presented in this EIS, it is erroneous to conclude
  any consideration is being given to the ecological importance of headwater
  streams as suggested in the statement at the end of this paragraph.

  II.D-3, first 4 paragraphs.  This reads as if restricting fills to 150 to 250 acres did  not
  show as a significant economic impact on coal reserves, as restricting fills to less than
  75 acres. However this idea was rejected because we only collected the data from
  West Virginia and it may not be representative. What kind of skewed logic  is this?
  Finally, what is meant by the following statement, which says environmental
  studies did not provide a suitable basis for determining the indirect effect
  from valley fills could not be differentiated from other disturbances. This is
  untrue because: 1) Stream chemistry for several substances including
  Selenium, conductivity, etc. is highly elevated below fills. 2) The iPA study
  (Falk et al. Appendix D part 2) and statistical analyses of benthic data do
  show impacts as noted by the following statement: " The consistently higher
  WVSQ scores and the Total Taxa in the Un mined sites relative to Fitted sites across six
  seasons showed that Filled sites have tower biotic integrity than sites without VFs.
  Furthermore, reduced taxa richness in Filled sites is primarily the result of fewer
  pollution-sensitive EPTtaxa," There is direct evidence of significant impact of
  fills on biota, chemistry, and hydrology.
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II.D-3, third pragraph "This set of alternatives was rejected,ln P3^/ because the
stream segment fnfiymsiioft ttes orttjf cotie&ed in West wtyinia on a llmfted number of
tributaries and may net ix representative nor statisticaHy valid basis for a watershed
size surrogate." Yet, under section III. D-6 and 7, chemical comparisons are
made outside the MTR/VF region in WV as well as results from an Ohio
study.......is this selective inclusion and exclusion or what?

II.D-6, top paragraph, Again what functional measurements has the COE ever
made of ecosystem properties or stream functions as it relates to this I IS or
coal mining? None to my knowledge - see earlier comments concerning
function.

II.D-6 Under cumulative impact restrictions —  to my knowledge only one
study collected sufficient data to compare cumulative impacts, some benthic
studies, otherwise what cumulative impacts have been investigated? Are
you referring to those in Appendix I? These were more or less descriptive
things concerning amount of impacts, etc., with little actual measurement of
impact*.  Again,  the Falk et. al. study does indicate some cumulative
downstream impacts on biota and I quote from USEPA Statistical Analyses of
Data (Falk et al. Appendix D part 2) as follows: "Exam/nation of the Additive sites
from the mainstem of Twentymile Creek indicated that impacts te> the benthic
mxroinvertebrate communities increased across seasons and upstream to downstream
ofTwentymile Creek  In the first sampling season one metric. Total Taxa, was
negatively correlated  wltfi distance along the mainstem. The number of metrics
showing a relationship with cumulative river mile increased across seasons, with four of
the six metrics having significant correlations in the final sampling season, Winter 2001,
Also in Winter of2001,a regression of the WVSQ versus cumulative river kilometer
estimates a decrease  of approximately one point in the WVSCI for each river kilometer.
Season and cumulative river kilometer in this dataset may be surrogates for increased
mining activity in the  watershed," The word additive seems weird this is cumulative
and not additive - simpiy jargon as worded,  Now that I read the material under
cumulative Impacts, I  understand the motive but not the logic behind the requested
changes.

Cumulative impacts are discussed to a degree in Index I: however, other than the
benthic studies above, not Investigated. So  how could the existing data show
cumulative Impacts if  the prerequisite studies were  not done?

II.0-8 - The top paragraph at the top  of the page concerning dismissed
alternatives reads like gibberish and  the explanation makes no sense.  Please
reconstruct in plain uncomplicated English what you are trying to say.

II.D-9-The central paragraph, quoted  below, Is a gross misrepresentation of
the available data from the technical studies done in this study.
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  " Tne chemical and biological studies conducted for Ms £TS and tte statistical analyses
  of those studies document Oat smarts wtttt txitn valley fills and residences in their
  watersheds appeared to be impacted more than streams with only valley fills and no
  residences in their watersheds. Biological conditions in tfw streams wftti only valley fills
  represented a gradient of conditions from poor to very good; streams with valley fits
  and residences were most impacted. Impacts could include several stressors, such as
  valley fills, residences, and/or roads, Therefore, a causal relationship between the
  impacts and particular stressors could not be established with the available data.
  Further, the £15 studies did not conclude that Impacts documented below MTM/VF
  operations cause or contribute to significant degradation of waters of the U.S.[40 CFR
  230.10(c)]."
   1) How can you justify the above paragraph in view of the findings of
  greatly elevated chemistry, including 66 violations of selenium
  concentrations? One of the ongoing problems with the chemical studies is
  that they haven't done statistical analysis as such.
    2) How can you justify the above paragraph  in view of the analyses of
  benthic data from all sources carried out by the USEPA Statistical Analyses of
  Data (Falk et al. Appendix D part 2) and directly quoted in the paragraphs
  below?
    ""•In generalfStatlstlca! differences between the Unmlned and Filled EIS classes
  corresponded to ecological differences between classes based on mean WVSCI scores.
  Unmined sites scored "very good " in all seasons except autumn 1999 when the
  condition was scored as "good ",  The conditions at Filled sites ranged from '"fair "to
  "good". However, Fitted sites that scored "good "on average only represented
  conditions In the Twentymile Creek watershed in two seasons (i.e., autumn 2000 and
  winter 2001). These sites are not representative of the entire MTM/VF study area. On
  average,Fllled sites had lower WVSCI scores than Unmined sites."
     "The consistently higher WVSCI scores and the Total Taxa In trie Unmtned sites
  relative to Filled sites across six seasons showed that Filled sites have lower biotlc
  integrity than s/tes without VFs. Furthermore, reduced taxa richness in Filled sites is
  primarily the result of fewer pollution-sensitive EPTtaxa. The lack of significant
  differences between tftese two BS classes in autumn 1999 appears to be due to the
  effects of greatly reduced flow in Unmined sites during a severe drought Continued
  sampling at Unmined and Fitted sites would improve the understanding of whether
  MTM/VF activities are associated with seasonal variation in benthic macroinvertebrate
  metrics and base-flow hydrology."
    "Examination of the Additive sites from trie mainstem of Twentymile Creek indicated
  that impacts to tne benthic macroinvertebrate communities Increased across seasons
  and upstream to downstream of Twentymile Creek. In the first sampling season one
  metric, Total Taxa, was negatively correlated with distance along tire mainstem. The
  number of metrics showing a relationship wltfi cumulative river mile increased across
  seasons, witfi four of the six metrics having significant correlations in the final sampling
  season, Winter 2001. Also in Winter of 2001,a regression of the WVSCI versus
  cumulative river kilometer estimates a decrease of approximately one point in the
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WVSQ for each river kilometer.  Season and cumulative river kilometer in this dataset
may be surrogates for          mining activity in the uatershetf." A causal
relationship between MTR/VF is certainly strongly suggested.

Ill.C-i Stream Classification: A measure of first order streams from a 1:100,000 scale
map seems ridiculous - Luna Leopold in his book,  A View of the River,  points out
that at even 1:24,000 scale topographic map greatly undereftimates the number of first
order  streams, most of which do not appear on a map.  Headwater streams are
often inadequately mapped.  First order streams make up 48% of the total
river  miles hi the United States (Leopold 1964). However, maps of basin
networks are usually drawn at a scale of 1:24,000 or larger, which excludes
the smallest streams (Leopold 1994). Using the Coweeta Creek basin as an
example, over 98% of the total stream length is unaccounted for on
1:500,000 scale maps (Table 1).  Many of the smallest streams do not appear
on  1:7,200 scale maps.  It is ironic that over 190 papers have been published based
on work completed  in Coweeta headwater streams that do not exist according to
U.S.G.S. maps (Meyer and  Wallace 2001),  For the Chattooga River watershed in the
Blue Ridge Mountains of Georgia, North Carolina, and South Carolina, only 50% and
75% of perennial streams were shown on 1:100,000 and 1:24,000 scale maps,
respectively (Hansen 2001). Almost none of the intermittent and ephemeral streams in
the Chattooga basin were drawn on either map. The USEPA should conduct some
ground measurements of some of these headwaters in the MTR/VF area and compare
these  with topographic maps.  Without this information, accurate assessment of miles
of stream impacted are not possible

III.C-2.  llth line from bottom of page - recommend deleting stagnant t& these
streams are rarely "stagnant",

III.C-6.  Last line of page - delete balanced energy transport. This is not what
the Van note et al. the paper is about.

III.C-12, Biological components by processing course participate organic
matter to more easily transported FPOM serve to primarily increase
downstream fine organic matter transport (not sediment perse).  Ditto
comments in ecosystem enhancement proceedings.

III.C-13, Lentic Non-flowing Aquatic Systems.  Although there Is no good distinction
between lakes and ponds there certainly is a distinction between Lakes and Ponds
versus Impoundments (created by damson streams).  On page HI.C-14, second
paragraph, at top of page they seemed to be used interchangeably.

III.C-19, last bullet, It should be emphasized: 1) that historically ponds were
exceptionally rare in the central Appalachians; 2) ponds created on mine sites provide
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     unusual or rare habitats that may have been missing before mining activities; 3) ttius
     we do not know how indicative they are of disturbed versus undisturbed conditions.

     III.C  20, last statement, needs to be qualified, because I also said that
     creating wetlands does not replace the value of streams before mining.  (See
     the proceedings of Aquatic Ecosystem Enhancement Symposium, Appendix
     D, page 19).
III.D-1 to 2, Again, this is somewhat misleading when the miles of streams
buried are discussed. For example the statement * Other uncertainties relating to the
accuracy of Ms estimate are presented in study. Only blueline streams from USGS
topographic maps were included In this evaluation. This study did not evaluate miles of
stream filled that were not marked as blueline streams, nor was an estimate made for
the number of miles of streams mined through," This gives a misleading
representation because of the diverse aquatic assemblages In streams
destined for burial, although such streams generally do not appear en USGS
topographic maps in "A Survey of light Major Aquatic Insect Orders
Associated with Small Headwater Streams Subject to Valley Fills from
Mountaintop Mining" In Appendix D, Part 2, And as explained above,
biuelines on USGS topographic maps greatly underestimate miles of streams
buried.  This is not addressed until the bottom of III.D-3.

III.D-2. second paragraph from bottom of page * viable aqustic communities that could
be" should be changed to  read "viable aquatic communities are  lost" because all
benthic data suggest loss of aquatic communities.


IH.D-4.  under b.3. "It has not been determined if drainage stn/ctures associated with
mining can provide some benefits (i.e.; increased flows at toe of fills, retaining drainage
structures) that could offset aquatic impacts," Explain, what kind of benefits that
such as structure could  offset in lieu of the massive chemical changes as well
as loss of stream habitat?

III.D-5, Top of page." The extent to which energy loss may be offset by input from
reclamation of the mine site and adjacent undisturbed areas is unknown. Impacts that
Ms type of net energy "change" would have on the downstream aquatic environment is
uncertain and requires further investigation." This is like saying that burying the
stream  and putting a sediment pond at the base of the fill that's ruining
downstream chemistry, may not be a bad thing. This is flawed logic.
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III.D-5, under d, c, and f.  All of these paragraphs are worded to imply impacts
have not been clearly demonstrated. This, is not accurate, (d) Valley fill do
impact (not have the potential to} a variety of water quality parameters; (c)Valley fills
do alter flow regimes (not have the potential to); and, (f) Mining and associated valley
fills do alter (not have tfie potent/a/ to) stream chemistry. These should be far more
direct statements than currently drafted,

III.D- entire section -The "evasive word: potential" occurs 36 times In this
chapter alone.

III.D-6 f.l. Under studies addressing chemistry why is no larger issue made of Selenium
anywhere in this report?
Selenium; is an essential nutrient at low levels of exposure. This inorganic chemical Is
found naturally  in food and soils and is used in electronics, photocopy operations, the
manufacture of glass, chemicals, drugs, and as a fungicide and a feed additive. In
humans, exposure to high levels of selenium over a long period of time has resulted in
a number of adverse health effects, including a loss of feeling and control in the arms
and legs, EPA has set the drinking water standard for selenium at 5 ug/L (versus 11.7
observed below valley flits, Table l) to protect against the risk of these adverse health
effects. Drinking water that meets the EPA standard is associated with little to none of
this risk and is considered safe with respect to selenium.  (However, see following
paragraph.) The selenium data indicate numerous violations of the West
Virginia stream water quality criterion related to MTM/VF mining.  During the
EPA study of water quality in 1999 to 2001 there were 66 violations of the
stream criterion exceeding Selenium water standards. All values above the
stream criterion of 5 ug/L were at valley fill sites and many of those are
several times  greater than the detection limit of 3 ug/L.  The elevated values of
selenium appear to be closely related to MTM/VF mining activity.

Selenium is essential for life in very small amounts but is highly toxic in slightly greater
amounts (Lemly 1995, page 427).  In 1987, the EPA lowered the recommended stream
water quality criterion for selenium to 5 ug/L to protect aquatic life. West Virginia has
adopted that same limit as their stream criterion.  Selenium is strongly bioaccumulated
in aquatic habitats (Lemly 19%, page 435).  "Waterbome concentrations In the
low-ug/l range can bioaccumulate in the food-chain and result in an elevated
dietary selenium intake and the reproductive failure of adult fish with little or
no additional  symptoms of selenium poisoning in the entire aquatic system.
.... The most widespread human-caused sources of selenium mobilization and
introduction into aquatic ecosystems in the U.S. today are ttie extraction and
utilization of coal for generation of electric power and the Irrigation of high-
selenium soils for agricultural production" (Lemly 1996, page 437). However,
Hamilton and Lemly (1999) have suggested that many effects on biota are documented
for selenium levels of 5 ug/L and the more appropriate level should  be a water quality
criterion of 2 ug/L,  Furthermore, Lemly (1999) has suggested that a selenium time
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   bomb is in the making as a result of substantial impacts on fish populations. The
   effects of selenium on fish populations include the following from Lemly (2002);
            Swelling of gill lamellae
            Elevated lymphocytes
            Reduced hemoglobin (anemia)
            Eye cataracts as well as exopthalmus (popeye)
            Pathological effects on liver
            Reproductive failure
            Spinal deformities

   Trie West Virginia Geologic and Economic Survey has information on selenium posted
   on their website (http;//www,wvgs.wvnetedu/www/datastat/te/SeHome.htrn). It
   notes;

   "Selenium occurs in coal primarily within host minerals, most within commonly
   occurring pyrite	  An unpublished study at WVGES using SEM found selenium ... in
   12 of 24 coal samples studied, mainly in the upper Kanawha Formation coals	
   Selenium In West Virginia coals averaged 4.20 ppm	   Coals containing the highest
   selenium contents are in a region of south central WV where Allegheny and upper
   Kanawha coals containing the most selenium are mined.... Selenium is not an
   environmental problem in moist regions like the Eastern U.S. where concentrations
   average 0.2 ppm in normal soils."

   Summarizing this information, we see that In the region of MTM/VF mining, the coals
   can contain an average of 4 ppm of selenium,  normal soils can average 0.2 ppm, and
   the allowable  limits in the streams are 5 ug/L (0.005 ppm). Disturbing coal and soils
   during MTH/VF mining could be expected to result in violations of the stream limit for
   selenium.

       A fairly comprehensive review of Selenium is given in the Federal  Register of 6
   March, 2002 (Vol. 67, No. 44 pages 10101 -10113). Some notes made from this
   document are as follows:
   •        "The EPA's standard to protect aquatic species is 5 pg / Liter but Is being
   reevaluated as a standard of only 2 ug / Liter Is being applied to protect wetland
   grasslands In the San Joaquln Valley, CA (note 5 jjg/L versus over 11 (jg/L was the
   median value  below valley fills in WV.
   •        Selenium  Is taken up by vegetation.
   •        Selenium  is toxic to small mammals  as longevity has been reduced on  diets
   with only ug/g in diets of rats, deleterious effects to the hair, nails, live, Wood, heart,
   nervous system, and reproduction have been documented.
   •        There is evidence that animals such  as insects, that feed on plants absorbing
   selenium from the environment, accumulate selenium in their bodies and this is
   biomagnified by larger animals such as shrews, which feed on these insects, have even
   higher levels of selenium.
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•        The potential of additional exposure to selenium of beef cattle, dairy cattle,
swine and poultry wastes production is apparently increasing,
•        Relatively small amounts of selenium have been shown to btoiccumulate in
the eggs of waterfowl and resulted In egg deformities,"

Hamilton, S. J. and A, D. Lemly. 1999. Water-sediment controversy in setting
environmental standards for selenium. Ecotoxicology and Environmental Safety 44:
227-235.

Lemly, A. D. 2002. Symptoms and implications of selenium toxlclty In fish: the Belews
Lake case example. Aquatic Toxicology 57: 39-49.

Lemly, A. D. 1999. Selenium impacts on fish: an insidious time bomb. Human and
Ecological Risk Assessment 5: 1139-1151.

III.D-6 f.l. Again, It should be stressed under water chemistry that downstream loading
of chemicals could be increased much more than indicated by the chemical
concentrations because there is greater runoff and discharge per unit land area below
valley fills. Note In Appendix H (flooding studies) that runoff is 1.75  X greater per unit
surface area from mined than un-mined catchments. This difference should be noted
both here and under any mention of hydrology In the executive summary.

III.D-7 Again, f.l. Summary and Conclusions : "In summary, mining and valley filling
activity appear to toe associate?	(change "appear to be" to art) Again, weak
evasive words.  Furthermore, the following statement gives the wrong
impression. .."The maprify of these constituents may also increase in many oiner types
of large sca/e earth moving activities" True, but nothing else in the entire
country compares or even approaches MTR/VF.  The following paper should
be included in several locations in this EIS because no other human activity
in the US contributes to such large scale earth moving activities, see the
following reference:

Hooke,  R. L. 1999. Spatial distribution of human geomorphic activity in the
United States: Comparison with rivers. Earth Surface Processes and
Landforms 24: 687*692.

He singles out the MTR/VF in WV and adjacent states as being  by far the
most prolific factor contributing to elevated earth moving activity in the US.
This reference needs to be read and incorporated into this EIS.

III.D-7 Again, f.2. Summary and Conclusions,  paragraph 2,	"most of the filled sites
indicates a potential (potential is far too weak for a problem this serious, see
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  notes on selenium above} for impacts to the aquatic environment and possibly to
  higher order organisms that feed on aquatic organisms". Impacts are likely.

  1II.D-7, last paragraph under f,2. * While changes in water chemistry downstream from
  mined, filled sites have been identified (far too weak change to exist), it is not
  known if these changes are resulting in alterations to the downstream aquatic
  communities (this is a false statement - look at the EPA study Falk et al.
  Appendix D part 2, where all benthic data were analyzed) or whether functions
  performed by the areas downstream areas from mined,  filled sites are being impaired
  (What is the meaning of this - If the chemistry is  impaired, benthic
  communities impaired, ecological functions are also likely to be impacted).
  Questions exist as to how the downstream chemistry Is affected by factors such as
  time, method of mining, reclamation practices and size of operation. Further evaluation
  of stream chemistry and further investigation into the linkage between stream
  chemistry and stream biotic community structure and function are needed to address
  the existing data gaps.  (These two sentence* imply more uncertainty in the
  analyses than is warranted.)

  Ill.D-6 and 7, chemical comparisons are made outside the MTR/VF region in
  WV as well as results from an Ohio study. Yet under II.D-3, third paragraph
  * This set of alternatives was rejected, in part, because the stream segment information
  was only collected in West Virginia on a limited number of tributaries and may not be
  representative nor stat/sticaffv valid basis for a watershed size surrogate." See earlier
  remarks about selective inclusion and exclusion.

  II1.D-7, under g. * Valley fills have the potential to alter geomorphologlcar (Again,
  evasive wording, change to Available evidence suggest that Valley fills alter
  gcomorphological	)

  III.0-8, again page is replete with ambiguous and  evasive wording such as
  potential to impact, potential impacts, etc. Furthermore, last paragraph
  under g (downstream sediment from previous page), What functions have
  ever been measured associated with MTR/VF mining?

  III.D-9, under hi. Well, I am glad the Trough Pork Study was actually mentioned in
  this EIS. Several years ago I commented on "A History  of the Benthic
  Macroinvertebrate and Water Chemistry  Studies of two Long-term Monitoring  Stations
  on Trough Fork" Conducted for Pen Coal by R.E.I. Consultants,  report dated 20 June
  2000, However, why was this study not included in the  EIS? Although, 1 had some
  comments concerning the interpretation  of the data, this was far, the best long-term
  study documenting continuous stream Impairment of Invertebrate populations following
  initiation of upstream MTR/VF mining,  In fact, below I request that this  study is
  added to the final EIS. The last paragraph of this section is simply an attempt
  to cover up an interesting long-term data set.
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                    ItLD-9, under hi. Yes, ditto comments ibove, tat put it in layman's language, that
                    long-term biological monitoring indicates increasingly impaired biological conditions
                    below valley fills.  Again, the last paragraph, III.D-10, is partially true, it does
                    represent a good example of long-term studies, but the first part is an
                    attempt to reduce the impact of that statement.
III.D-10 &11, under h3.  "While this report did not focus on valley fills, potential
Impacts from valley fills to stream chemistry and possible alterations to stream
geomorphology were discussed as areas in need offurffier investigation," This is true
for the USGS report, which was primarily in non-MTR/VF mining areas.
However, why hasn't the USEPA considered doing a similar study, perhaps in
conjunction with the USGS in the MTR/VF area? Such a study seems long
overdue.
HI.D-ll, under h4. This section needs to be re-written and updated using the report
from the EPA Laboratory in Cincinnati (Falk et al. Appendix D part 2) and also noting
that the summer and fall of 1999 represented a record drought for the region.

HI.D-12, under h4, at top of page -  ""Characterize conditions and describe any
cumulative impacts that can be detected In streams downstream of multiple fills. Owing
to conditions encounter no definitive conclusions were reached regarding this second
objective." This statement is not correct.  Again, this study does Indicate some
cumulative downstream impacts on biota and  I quote from USEPA Statistical Analyses
of Data (Falk et al. Appendix 0 part 2) as follows: "Examination of the Additive sites
from the mainstem of Twenty mile Creek indicated that impacts to the benthic
macroinvertebrate communities increased across seasons and upstream to downstream
of Twenty mile Creek. In the first sampling season one metric, Total Taxa, was
negatively correlated with distance along the mainstem. The number of metrics
showing a relationship with cumulative river mile Increased across seasons, with four of
the six metrics having significant correlations in the final sampling season, Winter 2001.
Also in Winter of 2001,a regression of the WVSCX versus cumulative river kilometer
estimates a decrease of approximately one point in the WVSC1 for each river kilometer.
Season and cumulative river kilometer in this dataset may be surrogates for increased
mining activity In the watershed"  Again, while it is stated as "additive", It is
really "cumulative" effects we are discussing So "additive" should not be
used here. Again the reason is pretty evident, but let's call it what  it is. The
statement on page III.D-12 does not agree with best available data.
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    III.D-12, Much of this page is misleading and inconsistent with the fPA's
    Findings Presented In the Biological Statistical Analysis USEPA Statistical
    Analyse* of Data (Falk et al. Appendix D part 2)

    "Biological conditions In the mined sites generally represented very good conditions,
    although a few sites did score in the good and poor range. (The previous statement
    does not make it clear that "mined sites are sites that had mining, but no
    MTR/VF, and that for some seasons there were too few samples to perform
    statistical analyses [Falk et al. Appendix D part 2]) One site that scored in the
    poor range was believed to be naturally flow-limited even during periods of normal
    flow. The authors believed this site was ephemeral and only flowed in response to
    precipitation events and snow melt. The other mined sites generally had only a small
    amount of mining activity in their watersheds. (Again, make it clear that mined
    does not mean MTR/VF).   Biological conditions In the filled sites generally
    represented a gradient of conditions from poor to very good. One sits scored in tne
    very poor range in the spring of 2000. Over the five seasons, filled sites scored in the
    fair range more than half of the time.  However, over a third oftrte time, ff/tect sites
    scored in  the good or very good range over the five seasons.  (Again, some
    clarification is required as:  USiPA Statistical Analyses of Data, Falk et al.
    Appendix D part 2 and directly quoted in the paragraphs below? "In general,
    statistical differences between the Unmined and Filled EIS classes
    corresponded to ecological differences between classes based on mean
    WVSC1 scores. Unmined sites scored "very good " in all seasons except
    autumn 1999 when the condition was scored as "good ". The conditions at
    Filled sites ranged from "fair " to "good". However,Filled sites that scored
    "good " on average only represented conditions in the Twentymile Creek
    watershed in two seasons [i.e.,autumn 2000 and winter 2001]. These sites
    are not representative of the entire MTM/VF study area. On average,Filled
    sites had lower WVSCI scores than unmined sites." See Figures 5-1 and 5-2
    in Appendix D, part 2)  The authors believe water quality explains the wide gradient
    in biological condition at the filled sites. The fined sites that scored in the good and very
    good range were found to have better water quality, as indicated by lower median
    conductivity at these sites. The filled sites that scored in the fair, poor and very poor
    ranges had degraded water quality, as indicated by elevated median conductivity at
    these sites. (Again, this needs to be updated based on the statistical analyses
    of all data as conducted by the Cincinnati Laboratory, Falk et al. Appendix D
    part 2)

    "Biological conditions in tf>e filled/residential sites (filled sites that also have residences
    In their watersheds) represented a gradient of conditions from poor to fair. Over the
    five seasons, filled/residential sites scored in the poor range more than half of the time.
    The remainder of the filled/residential sites scored in the fair range. No sites in the
    filled/residential class scored in the good or very good range. All sites in the
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ffflett/rtslctential class tod elevttetf me&an conductivities." Falk, et al. Appendix D, Part
2)

IILD-13, second paragraph down, biological conditions in the filled and
filled/residential classes were substantially different from conditions In the unmined
class and were impaired relative to conditions in the unmined class, based on the WV
SCI scores."  Suggested change to "Based on WV SCI scores, biological
conditions In the filled and filled/residential classes were impaired compared
to unmined or reference conditions."

III.D-13,"'Correlations In this study between the benthic meOics and selected physical
and chemical variables indicated that the strongest and most significant associations
were between biological condition and conductivity." Suggest changing to read,"
There was a strong negative correlation between biological condition and
conductivity. As conductivity increased, as found below valley fills, biological
condition of streams deteriorated,"

II1.D-14, Again, at top of page and elsewhere this needs to be updated based on
Cincinnati Laboratory's Statistical Analyses of all the biological  data,

III.D-15, at top of page "/f is particularly noteworthy that none of the
macrolnvertebrate samples in 1987 or 1999 showed any significant numbers or kinds of
mayflies.  This absence of mayflies has also been observed In recent surveys by the
USEPA 2002 study in West Virginia in mining areas with acceptable pH'sf but with high
conductivities. (USDOI2000)* Suggest changing to "None of the
macroinvertebrate samples  in 1987 or 1999 contained  significant numbers  or
taxa of mayflies. The absence of mayflies below valley fills has been noted in
both WV and Kentucky f PA studies.

III. D-16 & 17, * This study did not address whether there are environmental benefits of
sustained flows from fHted watersheds when compared to no-flow conditions in some
unmined reference streams.  (Ridiculous statement, as consideration needs to be
made that the higher flows, or great runoff from valley Alls, combined with
higher concentrations of  many chemicals is only going  to serve to increase
downstream loading of chemicals). It is possible that the altered flow regimes
found downstream from valley fJffs fUSGS 2001) may affect fish habitat for parts of the
year in those cases where fish habitat had been previously limited due to seasonally dry
conditions. (How? By increased downstream loading of harmful chemicals and
elevated conductivity?) It Is also possible that potential benefits from Increased
flows downstream of mou/ttaintty} mining/valley till operations are offset (meaning =
negated?) by changes in water quality, fix- example, fish co/iectsd from one Me
downstream of an extensive mining complex in West Virginia were found to contain
selenium concentrations much higher than would be expected to occur naturally,
indicating that the selenium associated with mining operations occurs in a form that is
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  biologically available tor uptake into the food chain (US, FWS, unpublished) (What
  about the potential harmful effects of humans eating these fish? See my
  earlier comments on selenium, above.)

  III.D-17 under a, * Where mining and filling activities have impacted streams
  compensatory mitigation may be used to rep/ace lost habitat and functions. "What
  functions (see above concerning functions) have actually ever been
  measured under any mitigation received from mining companies?

  III.D-17 under b. Again, What functions (see above concerning functions) have
  actually ever been measured under any mitigation received from mining
  companies? Without measuring any functions, what has been mitigated?
  The measurements) associated with change in ecosystem-level functions
  before and following mitigation is something that certainly deserves funding
  in order to assess the actual value of any mitigation.

  II1.D-18 and 19, under d. last full paragraph on 18 relating Increased discharge below
  valley fills to greater habitat for fish during drier seasons...."It is possible that the
  elevated flow regimes found downstream from valley Ms fUSGS 2001) may have
  created additions! fish habitat for parts of the year where pre¥iously fish habitat had
  been limited owing to seasonally dry conditions. It is not known if this increase in
  stream length used by fish would be equated to greater fish product or simply
  represents an increase in area where fish are found," Since chemicals are elevated
  below  valley fills this means that downstream loading of toxic chemicals is
  only going be higher below valley fills, which may more than offset any small
  benefit derived from increase flow, after ail fish are highly mobile organisms.
  ni.D-19. Last paragraph of d, * Creation of other ponds and wetland resources on mined
  land has shown 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 * This sounds as if 1 was optimistic about
  the prospects without noting that I also said "Wetlands observed during the mine
  site visits were not linked to the downstream watersheds- again, not that
  they do not have value but they do not replace the pre-mining streams."
  (Appendix D, part 1). As presented, this is a misrepresentation of what was
  said (as so many other things in this EIS).
  III.D-19, under e.l. second paragraph under onsite — these studies did not address
  function.

  1II.D-20 & 21, under e.l, still - a lot of lip-service is given to function here
  without actually having any functions measured to date as far as I know.
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14-2-4
III.E-1 through 14,  This is fine as it relates to acid mine drainage, but what
about selenium concentrations? Selenium may be worst of any of these
chemicals on food chains and humans who depend on downstream potable
water supplies. No mention of it is in this section?

III.F-7, and back to executive summary, again executive summary is "evasive
wording" compared to statement about birds on bottom of this page.

III.F-8, second paragraph "Same argue that mountaintop mining has the potential to
negatively Impact many forest songbirds, in particular neotropical migrants,, through
direct toss and fragmentation of mature forest habitats."
Again, attempt to minimize the data of Wood and Edwards clearly show an
effect. Also, their data show this effect, not "suggest" it.

III.F-9, Amphibian and reptile species richness and abundance does [Go?] not differ
between grassland, shrub/pole, fragmented forest, and intact forest habitats from
mountaintop mine sites in southern West Virginia (Wood and £dwartfs,2001) [see
Appendix E for details }. Salamanders appear to be less common In the grasslands of
reclaimed mountaintop mining sites than in the nearby forests (Wood and
Edwards, 2001). Please explain this contradictory statement since salamanders
are amphibians. Also same paragraph should be Burton and Ukens 1975 not
Burton and Lykens. This citation is missing in references.

HLF-iO&ll.  Surely, in addition to mentioning 5% you should also mention
that the disturbed acreage exceeds 380 square miles on this page where you
mention the 5% value.
Ill,F-11 * The above findings provide evidence that mountafntop mining practices
provide favorable conditions for some species. However, these advantages may not
surpass (again evasive wording and an attempt to minimize the impacts
shown) trie disadvantages these practices- have on the mjstainabitity of plants and
wildlife in the mglon," Should read "This is not necessarily advantageous
because of the displacement of original species from the area." The only
reason these habitats are favorable is because they have changed the habitat
and essentially opened it up to exotics or species with a much wider
distribution range (see Cindy Tibbott) than was there originally.

III. F-12 if you are going to mention the history of exploitation in the region,
especially by logging surely you need to site the fallowing book:
Clarkson, R. B. 1964. Tumult on the Mountains: Logging in West Virginia -
1770-1920. McClain Printing Company, Parsons, West Virginia. 410p.
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  III.F-12, According to the study cited by YuiB, 2001 page 10, the 244,664 acres
  relates to extent of pact mining disturbances (Table 4, Appendix G) and does
  not necessarily include ail current permitted mining (Table 5, Appendix G)
  247,364 acres in the MTR/VF area, therefore the wording of the sentence
  with the Yuill citation is apparently wrong.

  III.F-12, Prior to 1998 (the start of this BS) with the increasing size of these
  operations, a single permit involved changing thousands of acres of hardwood forests
  into herbaceous cover. This is true even for the short-term when forest is post-
  mining land use.  How can this be short-term when Handel's report in this
  EIS shows little evidence of recovery after 2 decades?

  III.F-12 - bottom of page "Similarly, i*e can assume that the Invasion
  of (delete this of) rate of forest-floor dwelling salamanders will be slow on post-mined
  sites, Slow is far too weak don't you really mean non-existent for first several
  decades and possibly centuries based on Handel's study?

  III.F-15 -bottom of page, the discussion on  Corridors is a bit weak and does not
  consider different types of animals, birds, large  mammals, small mammals, insects, etc.
  and how different types of corridors may influence the success of various groups.

  III.F-16 under carbon sequestration -Why is the last paragraph written so
  positively? What evidence is there that any significant forest regeneration
  has occurred on a valley fill?  If there is any evidence, please cite it in this
  report. Where are any data that show  significant carbon fixation on a valley
  fill compared to a conventional hardwood forest? This paragraph needs to be
  reworded and reworked based upon realism.

  III.G-1, under regulatory background "The discussion noted that surface mining SM
  have significant effects on surface hydrology." Far too weak should read does have
  significant....

  III. G-l" Open pits at mines sites can provide significant runoff retention.
  Drainage control structures can also provide retention, plus longer travel times far
  overland flow. The increased infiltration provided by backfills can also retard or /essen
  peak flows." Are you trying to imply compared to a forested site? Please cite
  any scientific evidence for such statements based on either USGS studies or
  other studies done in conjunction with this EIS.  You need to make it clear
  that compared to forested sites there is still increased peak flow with storms.

  III. G-2. With respect to the following passages -" Currently,not all of the state
  regulatory agencies require a quantitative analysis of flooding impacts for proposed
  mine operations in either the PHC or CHIA assessments.  The USCOE routinely relies on
  state orSMCRA regulations to address flooding. The USCOE may evaluate flooding
 9-1-4
 5-4-4
17-1-4
impacts from an Individual mine.  T he LSCOE districts routinely consider flooding
impacts when they evaluate mining activities under the ladM/Aoi Permit process. The
need to do a separate flood impact ana/ys/s Is determined on a case by case basis by
the USCOE Most districts wili not conduct a separate flood analysis If such an analysis
is required by stats or SMCKA regulations, 'Well, this sounds welt and good but
please provide some data with respect to the following; What percent of
applications are required to do a flooding analysis? What factors go into the
case, by case basis of a separate flood analysis?  Exactly, how many separate
flood analyses have been required by the COE permitting procedures?

II1.G-4 "As summarized by Table in.6-l,the storm runoff modeling using HEC-HMS and
SBTJCAD 4 both calculated that the post-mining peak flows would be higher than the
pre-minlng peak flows for the same design storms. However, the predicted increases in
peak flow would not have caused flooding on the banks outside the receiving stream
channel." Well doesn't this really  depend on the size of the storm?
Furthermore, your discussion gives the impression that a 100-year flood is
what is predicted to occur every  100 years, but you need to make sure that
the reader understands these names are somewhat misnomers and may
occur much more frequently than every 100 years. I don't see that
addressed here.

III.G-4" These results indicate tfie largest drainage area (Hobet Westrldge Valley
Rll)with the highest percentage area disturbed had the greatest increase in peak flow
from pre-mining conditions. The results also indicate that the smallest drainage area
(Samples Valley Fill #2) with the smallest percentage area disturbed had the lowest
increase in peak How." Then why was more attention not paid to limiting site
of fills  as a method to  prevent flooding? Why the brief mention  of flooding in
the EIS Executive Summary without discussing this aspect as a reason to
limit the size of fills?  Was public safety not a concern? If it was why was it
ignored under the proposed alternatives?          xxx

III. G-6" The final analysis was made of future conditions if the Samples Mine sites
were forested with the permitted post-mining configuration,"  I am not aware of any
situation that approaches or even indicates such potential with decades or
possibly several centuries. Can you cite specific information to support this
type of analysis?

III. G-8, top of page,  The calculated unit-peak flows for the unreclaimed valley fill in the
southern group was twice as high as the remaining sites.  The remaining basins in the
southern group had similar unit peak Hows for the unmined watersheds and tfie
reclaimed valley fill. (Since the basins differ by a factor of over 6X in watershed
area [previous page], please identify precisely what is meant by unit peak
flow. Is this corrected for watershed area?)
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    The calculated unit-peak flows for In the northern group showed a different
    relationship. The watershed without the valley flu red a unit-peak /tow that was twice
    as high as the watershed with a valley fill. Ditto previous comment and please
    give areas of reference versus valley fill watersheds.

    HI.H-6. Top of page under, 4. Impacts to Groundwater Chemistry From MTM/VF, Is
    Selenium ever a problem in well water? Conductivity changes? Why are no
    measurements required for these?

    III.H-6, under Geochemicai Reactions, Quite a bit of this is also presented earlier
    under acid mine drainage, is there a reason to have it in this EIS twice when
    several important items are being omitted from the main document?

    III. H-7, top of page * Further study is needed to determine the duration of the
    mineralization, which may be expected to decrease with time as backfill and valley Ms
    are "flushed "of soluble materials." Wed they may decrease over many decades
    or centuries, but might they not also increase in early decides as chemicals
    and rocks that have not been in previous contact have increased chemical
    activity?
    III.H-8, last pargagraph, "However, their report found certain data gaps for which
    no correlations could be evaluated. The study recommended additional evaluation to
    determine:" Should read- Their report was not designed to ....

    IV.A through IV.! I found these to be some of the worst pages in this entire
    EIS with serious errors of logic and fact and in many cases very
    misleading. In this section I note the extensive use of evasive words such
    as "potential or potentially" (61 times) and  "may be" (also 61 times), and
    6 "possibly". In fact, it appears to have been written to intentionally
    downplay some overwhelming factual and scientific data.
    IV. A-1" Trie proposed actions and alternatives consist of many potential changes to
    data collect/on and analysis protocols, guidelines for best management practices,
    regulations, and mitigation requirements for MTM/VF operations. They are aimed at
    Improving agency efficiency and effectiveness, Increasing consistency within and
    between agencies, and meeting other public polities." Well, this may sound good,
    but actually there are so many errors of fact in this draft or wording that
    strongly reinforces the idea that this EIS should have been done by an
    independent committee from an outside body such as the National Academy
    of Sciences and/or Engineering, not by agencies with vested interests in the
    outcome.
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IV. A-2 "For example, surface coal mining is not the only factor that afficts vegetative
cover in the study area. Land management practices, wrtfcti include harvesting of
timber and development for residential, recreations/ or commercial purposes, are also
key considerations. The future of forest land In the eco-regions of the study area cannot
be predicted by considering changes in surface coal mining reclamation alone." This Is
true, but what about renewable versus non-renewable resources? Timber
harvesting does leave topsoil and land where forest can at least
reproduce....to date there is no evidence to remotely suggest that this is
occurring on valley fills in time frames less than centuries.

IV. A-2 "Population growth or decline and demographic changes in the study area will
continue to transform communities in t/te study area. Communities that continue to tose
population due to a Ixk of economic growth and diversification wil further decline or
be strained by decreases in employment opportunities in coal mining," As a
comment, Senator Hillary Clinton hit the nail on the head on this subject and
region when she informed representatives that it is difficult, If not impossible
to develop a viable economy when you trash the environment in which you
are living.

IV. A-3" The direct burial of stream segments by excess spoil for MTM/VF operations is a
long-term irretrievable commitment of resources for the buried stream segment.
However, the CWA and SMCM provisions are designed to assure that adverse impacts
to aquatic resources are minimized (bovt can you say tills based on current
evidence in the technical studies and various pending lawsuits?) and that
significant degradation of the downstream watershed does not occur from MTM/VF
activities. (Ditto previous remarks based on chemical, hydrologic and
biological evidence)  Consequently, the effects of MTM/VF on aquatic resources are
Irreversible for a burled stream segment, but may produce varying levels of impact to
the overall hydrologic regime [should add as well as downstream chemical and
biological effects],  {depending on the watershed considered,} delete this"

1V.A-4, Was the first paragraph at the top of the page written as some sort of
cynical joke? With sufficient time? Succession can overcome? Reclamation
techniques may exist to equal or exceed natural forest regeneration? " While
no program can dictate post-mining land uses, many programs encourage and promote
the tangible benefits for return of mined land to forest conditions so as to minimize and
mitigate adverse effects."  This sounds like something copied directly out of
"Greenlands" (magazine of WV Coal Association).

IV. A-4" Studies have shown that a post mining change In habitat can provide
transitional habitat for declining grassland species uncommon to forested ecosystems,
Accordingly, a shift in wild/ffe resource species may be temporary in nature, as with the
vegetative cover, and provide arguments both for and against irreversible change -
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   depending on the viewpoint of the observer." These results from Wood and her
   colleague are stated in an obf uscatory and weird manner. It should read as
   "Studies have shown that species common to forest of the region are
   replaced by uncommon grassland species. Nothing is known about the how
   long these changes will persist, but if they are dependent on forest recovery
   the changes could exist for centuries."
   IV.A-5 paragraph ending "However, long-term effects on energy production could
   occur, since rendering some Appalachian surface mining coal reserves unminaUe could
   ultimately hasten reserve depletion when other coal sources dwindle. "So the loss of
   these reserves would not have an immediate, irreversible effect on energy
   production because sufficient reserves exist elsewhere? Why isn't this in the
   executive summary?  Shouldn't you inject here what the coal reserves are in
   other regions? We are really talking about centuries aren't we?

   IV.B-1 under aquatic resources. "Estimation of direct stream impacts based on the
   entire permit area footprint may overestimate actual direct impact, since not all of the
   area within the permit boundary is disturbed. Estimates of direct stream impacts based
   only on the valley fill Footprint may underestimate actual direct impact because direct
   stream impact can occur in production and support areas, "NO! NO! NO! Who wrote
   this? The streams filled were taken from USGS topographic maps, we know
   from the headwater stream study that most of those streams do not even
   exist on USGS topographic maps, If anything this is a gross underestimate of
   total miles of streams filled. For example, Luna Leopold (1994) noted in Ms
   book "A View of the River", "blue tines on a map are drawn by
   nonprofessional, low-salaried personal. In actual fact, they are drawn to fit a
   rather personalized aesthetic" Furthermore, Leopold (1994) gives examples
   showing that "if actual channels are mapped on the ground {rather than a
   USGS 1:24,000 map}, a far larger number will be found than those discerned
   on a published map".
    Leopold, L. B. 1994. A View of the River, Harvard University Press. Cambridge MA.

   For the Coweeta Creek Watershed in the mountains of western North
   Carolina, only 0.8 km of stream are indicated on a 1:500,000 scale map, 24.4
   km are shown on a 1:24,000 scale map (i.e., USGS topo map), and 56 km of
   stream on a 1:7,200 scale map of the USFS (Meyer and Wallace 2001). iven
   the most detailed map (1:7,200 scale) misses a number of small
   springbrooks and spring seeps at Coweeta.
   Meyer, J.L. and IB. Wallace. 2001, Lost linkages and lotic ecology: rediscovering small
   streams. Pp. 295 - 317 in M.C. Press, NJ. Huntly, and S. Levin (eds.). Ecology:
   Achievement and Challenge. Blackwell Science.
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In another southern Appalachian basin hi NC, GA, and SC, USGS topographic
Maps (1:24:0000) failed to recognize 79% of the total stream length within
the basin (Hansen 2001),  Based on the above examples, and a number of
other studies from other regions cited by Leopold (1994), many more miles
of streams are undoubtedly being buried by the MTR/VF activities than
appear on these maps.
Hansen, W.F, 2001. Identifying stream types and management Implications. Forest
Ecology and Management 143:39-46.

A diverse aquatic fauna exists in West Virginia and Kentucky streams scheduled for
valley fills that do not appear on USGS 1:24,000 maps (See Stoyd et al, study in
Appendix). Over and over again, peer reviewed scientific literature can give
many examples of underestimates, it is simply incomprehensible that such a
statement as on IV.B-1 would be allowed to stand in this SIS.

IV.B-1 Ditto above comment for the last paragraph on ttiis page as well,
* MTM/VF impacts (including valley fills and other permit featuresjesttmatecl in the
Cumulative Impact Study (based on ten years, 1992-2002 of permit footprints)were
1,20S miles (2. OS %)ofthe 53,908 stream miles in the EIS study area" Add sentence
to follow: However, these impacts are underestimates (see above) and do
not consider cumulative chemical and biological impacts on downstream
stream communities.

IV.B-3 "A/o wMefy-accepteet, standardized testing procedures exist for measuring the
presence/absence of the fine and coarse organic matter and consequent energy
contributions of stream. Thus, the BS stream chemistries studies in West Virginia and
Kentucky did not document the effect of stream loss on the downstream energy
continuum, "No, suggest change to read as follows: Although methods exist
for measuring the input, storage, and transport of organic matter and their
contributions to downstream energy resources (Hauer and Lambert! 1996),
such studies were beyond the scope of this IIS.
F. R. Hauer and Q. A. Lambert! (eds.). 1996. Methods in Stream Ecology,
Academic Press, San Diego, CA.

IV.B-3 paragraph "Similar effects to headwater and larger streams occur from other
human activities, such as road UUiflg and development for industrial/ residential/
commercial sites in steep-slope Appatachia. "This is a ridiculous statement as
pointed out by Hoote (Hooke, R. L. 1999. Spatial distribution of human
geomorphic activity in the United States: Comparison with rivers.  Earth
Surface Processes and Landforms 24: 687-692) nothing else in any region
of the US compares with the scale of disturbance in the MTR/VF area and
he actually singles out the area in this international journal. Furthermore,
since there is a dense stream density in the region, the impacts are going
to be far greater In the MTR/VF region, "discussed by Yuill in the post-mining
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   land use report, suitable developable land Is in short supply in some parts of the
   West Virginia study area [Appendix G ]," Ok - If such land is hi short supply,
   why can't more development be found on more valley fills? This Is not at
   all what I get from his fYyill's) study f did the person who wrote this read
   the report?}. Yuill pointed out only one county, Kanawha (Charleston, as I
   recall) will require between 16 and 30 square kilometers of new urban
   land usage between 2000 and 2010. I quote directly from his study page
   31 in appendix G, " The other counties in the study area will require Insignificant
   acreages for the new development that is anticipated during the ten year 2000 to
   2010 time period." Another of his conclusions, Appendix G, page 43 "Given
   current and foreseeable future land use demands, it is unlikely that any more than 2
   to 3% of the future post-mining land uses wilt be developed land uses such as
   housing, commercial, industrial,  or public facility development. However, significant
   acreages of land suitable for developed post-mining land uses will result from future
   mining under all of the mining scenarios."

   IV.8-3 paragraph "• Consequently, creation of areas suited for roads and
   development often places fill materials in streams. Based on the current
   demographics in the BS study region, coal mining operations are likely to have
   the consequences of disturbing more land than residential, industrial or
   commercial development in the coalfields, "Not only in the Coal Fields, they
   are far off scale with anything in the US (again see the Hooke reference
   above'i compares or even approaches MTR/VF. The following paper
   should be included in several locations in this f IS because no other
   human activity in the US contributes to such large scale earth moving
   activities, see the following reference: Hooke, R, L. 1999. Spatial
   distribution of human oeomorphic activity in the United States: Comparison with
   rivers. Earth Surface Processes and Landforms 24: 687-692. The MTR/VF
   activities are singled out in this peer-reviewed research paper published
   in an international scientific journal.
   IV.B-3" The No Action Alternative and action alternatives will not eliminate the loss of
   stream segments and reduction in organic matter transported downstream. In the
   absence of standardized testing and research, it /s not dear to what extent this direct
   stream loss indirectly affects downstream aquatic life (What kind of ridiculous
   statement is this? The IPA statistical analyses, Falk et al. clearly shows
   significant downstream effects). It is also not evident to what degree reclamation
   and mitigation (e.g., drainage control and revegetation) offset this organic nutrient
   reduction. (What organic nutrient reduction? Never measured anything why
   even give the lip service, you know from stream chemistry it creates serious
   downstream problems.)  The direct impacts of stream loss are permanent, but the
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downstream effect from organic energy loss may be temporary. (Why would you
even speculate about this when you know it takes centuries to regenerate
forests?) Gristing CWA prog-rams Indirectly address these effects through technology-
based effluent limits, state water quality standards, TMDLs, and other provisions
designed to assure overall watershed health, "(Clearly tiiese limits are not
effective based on elevated chemicals, including clear violations of Selenium
in IPA's safe drinking water standards (see above}.

IVJ-4, under Indirect stream impacts, * The consequences of direct stream toss and
energy transport reductions, discussed above, also indirectly affect downstream stream
reaches, MTM/VFhas #w potential (no, change has the potential to "does alter")
to alter the chemistry, water temperature, flow regime and geomorphological features
downstream,"

IV.B-4. Scientists postulate (no not "postulate", it's a known fact) Stream thermal
regimes, which can [no not "which can" they do) influence microblal activity,
invertebrate fauna, fish egg development, larval growth, and seasonal life cycles, may
be (no, not "may be" but are undoubtedly) affected by valley fills and
sedimentation ponds at the base of the vattey fills. Scientists also theorize (this is not
theory, but based on known facts, see references to Morse et al, on biological
diversity in Appalachians)  that, as mining or other human development practices
eliminate first order streams, unique biological diversity may be (no not "maybe" but
will be) affected, especially If rare species occur in only one or two spring or seepage
areas and are impacted. /Chapter III. D;Appendix D ]

IV.B-4, Headwater stream systems do not have a tremendous capacity to provide
purification functions. (This is completely wrong and off base. In fact, it is
exactly the opposite, a recent article in Science points out that headwater
streams have the highest rates of nutrient uptake, and hence a very large
capacity to influence downstream nutrient concentrations * Peterson, B.J.,
W.M. Wolheim, PJ. Mulholland, J.R, Webster, 3.L. Meyer, XL. Tank, E. Marti,
W.B. Bovvden, H.M. Valett, A.I, Hershey, W.H. McDowell, W.K. Dodds, S.K.
Hamilton, S. Gregory, and D. D. Morrall. 2001. Control of nitrogen export
from watersheds by headwater streams. Science 292: 86-90.) Although these
ecological processes are not one requiting protection, the absence of streams to provide
this function reflects the sensitivity of the system to inputs of a variety of potentially
toxic materials (Delete this sentence the entire concept is wrong and off base).
I don't know who wrote this section but it is the greatest misinterpretation
of science that I have seen!

IV.B-4. *TheB>A Water Chemistry Report found (insert  very) elevated concentrations
ofsulfate, total and dissolved solids, conductivity, selenium and several other analytes
in stream water at sampling stations below mined/filled sites [Appendix D;USEPA,2002b
]. (Insert this sentence - Furthermore, there were 66 violations of selenium
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    and safe drinking water level standards). Other studies Found elevated
    concentrations ofsulfates, total and dtssolvetl sofid$ conductivity, as well as other
    amlytes in surface water downstream from MTM/VF sites,"
5-5-4
    IV.B-4." Studies conducted as part of this BS show that aquatic communities
    downstream from MTM/VF differ from unmined headwater streams in several ways. In
    most cases, there were differences (no not different, they were impaired below
    valley fills) in biological assemblages. Generally, macroinvertebrate communities
    below mined areas were more (pollution tolerant or impaired) than those below
    unmined watersheds. However, biological conditions of tilled sites represented a
    gradient of conditions from poor to very good, (misleading - see below)
    demonstrating a wide range of concHtfons that may be found in aquatic communities
    downstream from MTM/VF or other human disturbances [Appendix D;USEfA,2000
    (Green,et.a!.)]. "As written this paragraph is misleading- (Hie EPA study (Falk
    et al. Appendix D part 2) and statistical analyses of benthic data do show
    impacts as noted by the following statement:  "The consistency higher WVSCI
    scores and the Total Taxa in the Unmined sites relative to Filled sites across six seasons
    showed that Fitted sites have lower btotic integrity than sites without VFs. Furthermore,
    reduced taxa richness In Filled sites is primarily the result of fewer pollution-sensitive
    EFTtaxa," There is direct evidence of significant impact of Alls on biota,
    chemistry, and hydrology. Furthermore, the data analysis provided by the
    Cincinnati EPA lab seems indicate that only one drainage basin that had
    streams below fills that scored good was Twentymile Creek, section 5.2 of
    the Cincinnati Report by Falk, et al. Their data would suggest differences
    between some basins in the MTR/VF region. The paragraph is also
    misleading because it presents a false view of higher scoring valley fills, for
    example: Unmined sites scored "very good "in a/1 seasons except autumn 1999 when
    the condition was scored as  "good ", The conditions at Riled sites ranged from "fair " to
    "good". However, Filled sites that scored "good "on average only represented
    conditions in the Twentymile Creek watershed in two seasons (I.e., autumn 2000 and
    winter 2001J.  These sites are not representative of tfte entire MTM/VF study area.  On
    average, Filled sites had tower WVSCI scores than Unmined sites.
    IV, B- 5 top of page" The Aquatic Impacts Statistical Report indicated that ecological
    characteristics of productivity and habitat are easily disrupted In headwater streams
    [Appendix D;USEPA,2003)](no, productivity not measured and neither was the
    ease of disruption, wrong again.  Should read The aquatic impacts statistical
    study indicated that streams subject to valley fills in their headwaters are
    impaired). Accepted indices and comparisons correlated chemical and biological
    (macroinvertebrates and fish) parameters in unmined, filled, fitted/residential and mined
    sites,  The analysis indicated that biological integrity Is hampered (no not hampered
    "impaired") by mining and that unmined sites have  a higher biotic integrity with more
    taxa and more sensitive taxa. The strongest association with water chemistry suggested
    6-4-4
that zinc, sodium, and suffate concentrations were negatively correlated with fish and
macroinvertebrate impairments. Selenium and zinc were negatively correlated with the
West Virginia Stream Condition Index (WVSCI}. The patent/a/ drivers of these conditions
are mining practices, material handling practices, and tfte geological factors associated
with specific coal seams and overburden. However, the study also concluded that
insufficient data existed to determine the temporal nature of the Impact
or the distance downstream that the impacts persist, (No it did not conclude such,
i.e. USEPA Statistical Analyses of Data (Falk et al. Appendix D part 2) as
follows: " Examination of the Additive sites from the malnstem of Twentymile Creek
indicated that impacts to the benthic macroinvertebrate communities increased across
seasons and upstream to downstream of Twenty mile Creek, In the first sampling
season one metric, Total Taxa, was negatively correlated with distance along the
mainstem. The number of metrics showing a relationship with cumulative river mile
increased across seasons, witti four of the six metrics having significant correlations in
tfte final samp/ing season, Winter 2001. Also In Winter of 200l,a regression of the
WVSCI versus cumulative river kilometer estimates a decrease of approximately one
point in the WVSQ for each river kilometer. Season and cumulative river kilometer in
Ms dataset may be surrogates for increased mining activity in the watershed " *Due
to the Untied scope of the studies performed for the BS, no correlation could be made
of downstream impacts with the age, number, and size of mining disturbances and fills,
nor could data differentiate Impacts of mining, fills or other human activity In a
watershed" (So, based on above this sentence is also obviously wrong.  The
statements are not supported by technical studies.)

IV.B-5" Wetlands are among the most effective ecosystems for removing pollutants and
purifying wastes." Can you provide a peer reviewed citation that supports this
or even implies that replacing streams with wetlands can provide similar
ecological services, if so please do, because I don't know of any.
Furthermore,  why should replacing any stream with a wetland be a
mitigation approved action? Please provide evidence for such.  Wetlands are
not common to the region, you are simply creating some exotic habitat.
                      IV.B-5 "Other human development actfv/ties,such as logging and other types of
                      excavation, also pose potential (/treats to the nutrient cycling function, sedimentation,
                      and other physical, chemical, and biological impacts to headwater streams in the BS
                      study area." (True, but nothing else in the entire country compares or even
                      approaches MTR/VF. The following paper should be included in several
                      locations in this IIS because no other human activity in the US contributes to
                      such large scale earth moving activities, see the following reference.  Hooke,
                      R. L. 1999. Spatial distribution of human geomorphic activity in the United
                      States: Comparison with rivers.  Earth Surface Processes and Landforms 24:
                      687-692. Hooke singles out the MTR/VF in WV and adjacent states as being
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   by far the moat prolific factor contributing to elevated geomorphic activity in
   the US.) " However, rte permanent nature of tiffing discussed under direct loss, as
   compared to the more temporary impacts from forestry, would suggest that MTM/VF
   impacts (e.g.,nutrlent cycling function, biological diversity, mineralization, substrate
   composition, etc.) of headwater stream systems may have a longer-term impact on Ws
   system, although data do not currently suggest the duration of these impacts."  (What
   sort of deceptive and evasive wording is this?  Restate as follows: The
   permanent loss of headwaters by MTR/VF certainly indicates that impacts
   from mining is much worst than other land use changes such as impacts from
   forestry.)

   IV.B-5,  bottom of page, *However,CWA programmatic controls discussed in direct
   stream loss are In effect under all alternatives and share the common objective of
   assuring the overall health of the watershed [ChapterIl,C.3.a.l ],  The NWP21 and IP
   process require the following (How would NWP  21 require the following traits,
   IP yes, but NWP 21? How and since when?) :
   » use of functional assessment dream protocols to identify Oie type and character of
   aquatic resources that may be impacted (ditto earlier comment* the COE has
   never measured a function during this entire EIS, nor is the proposed
   program designed to assess any type of ecological function)
   •prediction of potential impacts and alternatives analysis (based on what when «
   biological inventory is not required? How are you going to  predict
   anything?)
   •avoidance of high quality resources,lf practicable to site activities e/sewhere (ditto
   last comment, if no biological resources are  assessed how are you going to
   know what are high quality resources?)
   •minimization of impacts (how, not by your proposed alternatives which are
   designed to make the entire process easier?)
   •adequate mitigation to offset unavoidable impacts, function for function (Again, ditto
   earlier comments the COE has never assessed ecological function in streams
   in the  MTR/VF area)
   * demonstration that impacts, individually and cumulatively, are minimal for NWPs
   and less than significant degradation for Ips (I haven't seen «ny  evidence of this in
   what I have read, only vague promises. They have not met these to date, so
   what is going to change in the future, nothing in what I have read here under
   the alternatives.)

   The actions proposed and common fo Alternatives 1, 2, and 3, when implemented, will
   further mitigate Indirect impacts, (not based on any evidence presented) In
   particular, the coordinated and collaborative MTM/VF proposal review described in the
   alternatives should result in improved environmental outcomes because of the synergy
   of joint reviews and shared expertise, on top of improved and increased data collection
   (what  data collection?) and analysis (what analysis? Where,  who, how?) .
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Consideration of the necessity of additional water quality parameters by EPA (what
necessary additiorial irate* quality parameters?) wl'l tike into account the
indications of increased mineralization and biological effects from MTM/VF, along with
additional study of the duration and downstream extent of these impacts relative to
size, number, and age of 'MTM/VF impacts (What additional studies?  Who, how,
and who pays for such studies?). The development of a BMP manual for mitigation
(this is promised several times, but where is it actually developed? Who,
how, and who pays for such studies?), in concert with a similar document for
improved forestry reclamation, (how do you plan to enforce or require improved
forestry reclamation?) would suggest practices designed to reduce the indirect
effects in association with the existing CWA controls described above,"

IV.B-6, under stream hydrology, Sure, forestry practices change hydrology,
but according to many studies conducted at Coweeta, these are relatively
short-lived compared with what you are going to see where the forest is
altered for centuries. Forestry practices (other titan lack of forest on MTR/VF
sites) is really not the main issue here, but the long-term changes in
hydrology are really the prime points as forestry practices recover much
more rapidly than those which might take centuries,

IV.B-7, "Concurrently, increased accentuation on avoidance, mitigation, and mitigation
in the CWA Section 404 program has reduced fill sizes. These regulatory provisions,
along with the general 250-acre minimal impact threshold applied by ffie COE in West
Virginia, shifts in coal production, court injunctions,  and difficulty In finding investment
capital may have also resulted in fewer and smaller fill lmpacts,[Chapter ff,£>,J~But,
haven't these changed within the last year since IV Court of Appeals
overturned Judge Haden's 2002 ruling?  I note from "Coal Age Magazine" in
July 2003, that they reported an increase in permits (4,400 acres) following
the overturn of Judge Haden's decision.  How about size of fills in KY? What
size are they permitting?

IV.B-7, middle paragraph, sounds as if this paragraph implies that some
streams deserve burial,

IV, B-7, next to last paragraph, What are you trying to imply that larger fills are
better because they increase the ability for more stable fills?

IVJ-8, "For instance, additional resource data and improved impact predictions would
result in more-informed decisions about fill numbers, location, and sizes. (Well, these
agencies have had IS years to address this problem, give them another 15
years and the problem will take care of it self as no coal will remain.) Similarly,
increased consideration of mitigation requirements and better controls on mitigation
success should improve environmental consequences over the No Action Alternative.
(Where is the mitigation issue with regard to requirements addressed, surely
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   not by the proposed COE functional assessment, which is not functional.
   Who assesses and how? Also have mitigation projects ever been evaluated
   on a scientific basis in the past?)

   IV.B-8, Since when did the CO! ever identify a stream in the MTR/VF area as
   unsuitable for filling?  How many applications were rejected between the
   years 1990 to 1999? These figures should show up in this EIS within Hie
   main body and not buried in these excess appendices.
   IV.B-8, The information sharing and automation of data relative to aquatic resources
   should also have (evasive wording) a positive effect on minimitfng fills, Individually
   and cumulatively, (However, we have no evidence whatsoever to support this
   statement. Give specific details or where these details are found in this
   document.)

   The continued analysis of data collected during implementation of the CWA Section 404
   program by the COE and possible future identification (evasive promises) of minimal
   and cumulative impact thresholds has tfie potent/a/ to minimize fill sizes. (However,
   we have no evidence to support this statement either. Surely, this is not
   addressed in this EIS? If addressed, where is (Chapter and Page number)
   this discussed in this EIS?)

   IV.B-8, "A/though a minimal impact threshold may reduce the size of fills, it could
   actually cause greater stream impacts by requiring the construction of valley Ms In a
   greater number of headwater stream segments. However, cumulative impact
   requirements of the CWA Section 404 and SMCRA are designed to evaluate the
   benefit of fewer larger fills versus greater numbers of smaller fills, (Well, you
   chose to ignore cumulative impact based on data from this EIS, see USEPA
   Statistical Analyses of Data (Falk et al. Appendix D part 2) as follows:
   "Examination of the Additive sites from the mainstem of Twentymi/e Creek indicated
   that impacts to the benthlc macroinvertebrate communities increased across
   seasons and upstream to downstream of Twentymi/e Creek. In the first sampling
   season one metric, Total Taxa, was negatively correlated with distance along the
   mainstem. The number of metrics showing a relationship with cumulative river mile
   increased across seasons,  with four of the six metrics having significant correlations
   in the final sampling season, Writer 2001. Also in Winter of2001,a regression of the
   WVSCJ versus cumulative river kilometer estimates a decrease of approximately one
   point in  the WVSC1 for each river kilometer. Season and cumulative river kilometer
   in this dataset may be surrogates for Increased mining act/v/ty in the watershed. 'J
   Furthermore 1 V.B-8 - This consideration should occur under all alternatives; although
   the action alternatives, with the greater coordination and increased data collection
   and analysis, should create improved results over the No Action condition." (Again,
   there is no explanation of how this is going to occur.)
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IV.B-8, under mitigation, * The effectiveness offeciatmtton and o^gsdon practices
to restore stream habitat and aguattc functions impacted by WTM/VF are discussed
In Chapter III.D and Appendix D." Insert the following sentence "However,
there was no evidence presented or seen at the mine visitations that
supported any significant restoration of either stream habitat or aquatic
functions at MTR/VF sites to date." I saw all of these sites and the above
statement is absolutely warranted.

IV.B-8, under mitigation, *'Preservation of high quality streams through creation of
conservation easements or land trusts, and the payment of in lieu mitigation fees for
stream protection arid restoration measure would be included as compensatory
mitigation possibilities." It Is a possibility, but an earlier meeting at the
Department of Justice resulted in a similar conclusion, but neither the
mining companies or conservation groups would go along with this.  So,
how do you propose to get them to agree?
IV.B-9, tap paragraph, *No Action Alternatives sre dependent on the ability of the
COE and SMCM agencies to require the applicant to achieve functional replacement
through on-sltereclamation* Again, ditto earlier comments, with rare
exceptions no measure of stream function has been measured by the COE,
nor does their proposed Kentucky stream evaluation evaluate function. (A
review of this protocol will be following  within a week.)

IV.B-9, second paragraph, again is full of evasive wording that tends to view
the world through naively overly optimistic and based on past actions,
without any evidence of support, whatsoever.

IV.B-9. third paragraph, this makes it sound like the recent Rivenburgh
injunction has reduced the effectiveness of mitigation. What sort of
reversed logic is this, you had 15 years to show any effective mitigation
and it has not been done. Furthermore,  there is little evidence to support
that wetlands on valley fills provide the  same magnitude or quality of
functions as headwater streams. "Setf/ment stabilization, wildlife support, and
flotentfa/ water quality improvements are other types of aquatic resource mitigation
projects that were most successful in the past (Can you cite a specific example
where any mitigation procedure was actually analyzed and published in a
peer reviewed scientific Journal as it relates to MTR/FV mining? If so,
please do.) and could be employed under the No Action Alternative. The No Action
Alternative provides, under NWP 21 and SMCRA, that on-or off-site mitigation plans
must be successfully completed, (ditto above comments, who, where, and
how is such a mitigation project going or ever has been evaluated as it
relates to MTR/W mining?) Inspection and financial assurance of mitigation
activities are required under the No Action Alternative; but mitigation procedures or
the agencies are not as coordinated as proposed under the action alternatives."
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    IV.B-9, last paragraph," Mere the streams directly impacted from mining are of low
    quality, restoration of stream functions on-s/te may be the only required mfclgation,
    (Again, since when did the COE ever assess any stream function as related
    to MTR/VF and see comments above. And, cite examples of where a
    stream has been restored on site, i.e., none in the Aquatic Ecosystem
    Enhancement Symposium) However, for most sites it is anticipated that both
    on-sfte and off-site mitigation will be necessary to Insure that only minimal individual
    and cumulative Impacts occur, (What's the meaning of this grandiose
    sentence?) Under all alternatives, the utilization of a stream assessment protocol
    provides a more accurate characterization of the loss of aquatic functions and the
    ability to more accurately predict the opportunity to restore aquatic functions /ess at
    the reclamation or mitigation site. "(No, ditto many comments above about the
    failure to measure function in any COE protocol as related to this EIS.)

    IV.B-9, top of page \he ability to more accurately predict the opportunity to restore
    aquatic functions loss at the reclamation or mitigation site." Again ditto many
    comments about failure of COE ever to address stream functions in
    MTR/VF area.
    IV.B-9," The functional assessment will apply under all alternatives, and involves the
    application of the developed models and the calculation of ecological Integrity
    indices for a defined headwater stream ecosystem under existing (i.e.,pre-project)
    conditions and predicted (post-project) conditions.  The results of using the protocol
    are the following f Again, ditto above comments about function.

    IV.B-10, first line on page "the ability to more accurately predict the opportunity to
    restore aquatic functions loss (no, no measure of functions have been or will
    be measured based on your Kentucky protocol) at the reclamation or
    mitigation site. The protocol, in Chapter II,C.S.a.l,  also plays a substantial role in
    Identifying high quality streams for avoidance, (no, it does not because
    identifications are not carried to a low enough level, i.e. species to identify
    such streams) to reduce the impacts to these aquatic resources as well as the
    associated mitigation costs. (I did not realize that a major objective is to
    reduce mitigation costs.)

    IV.B-10,1 will provided an evaluation of this protocol within a week, where
    the pros and cons of such an approach are discussed.  However, how is
    the length of stream impacted by valley fills determined? If from USGS
    topographic maps see the discussion(s) above concerning their failure to
    accurately assess stream length.

    IV.B-11, second paragraph top of page"'If"mitigation proves infeasible in certain
    locations, no mining could occur. If nil minimization/mitigation is difficult or
    impossible because of the application of the CWA 404(b)(l) Guidelines, some coal
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reserves may not tie mlnable. The absence of mining in any area would result
cumulatively and MMdualty to less impacts to stretms." Again, It would be
informative If the COE could provide the following for the period of 1990
to 1999:1) number of applications for MTR/VF operations; and, (2)
number of applications approved; and, (3) number of applications
rejected for environmental reasons. How will this be changed under this
alternative?

IV.B-11, under stream segment definitions, I strongly agree that some
consistent definition is needed to define where these headwater streams
start Topographic maps (see above) greatly underestimate their abundance and
length. However, I suggest that a much better point would be where aquatic
species with year-long or multi-year life cycles are found (see the Stout, et al. study
in Appendix D).

iv.B-il, under bonding and inspection, it would be useful to trace Hie
history of mitigation, evaluation of mitigation projects (if any), who
evaluates such projects, and to spell out specifically the following issues:
1) Who (what agencies, federal or state) are responsible for such
evaluations? 2) How are such evaluations carried out? 3) What criteria are
established to evaluate mitigation projects? 4) Why have no functional
processes ever been studied with mitigation projects? 5) How are cost(s)
benef it(s) analyses of mitigation projects conducted, if ever? 6) Who
makes the final decision on the question of the success or failure of a
mitigation project?

IV.B-11&12. "Alternatives 1,2, and 3 share actions designed to tie more protective of
aquatic and other resources, summarized In Chapter II. B and fully described i'n
Chapter II.C, that would'cause the Mowing regulatory program changes, policies,
or guidance; (I failed to see how II.C really solves any of this, please give
concrete examples here without citing cross chapters)
•Consistent definitions of stream characteristics and field methods for delineation;
* Qar/flcatton ofOSM stream buffer zone rule and development of excess spoil
requirements for alternatives analysis, avoidance, and minimization;
• Continued evaluation of MTM/VF effects on water quality and EPA
recommendations for new standards, as appropriate; (who decides this?)
«Refined science-based protocols for assessing aquatic functton,making permit
decislon$,$ftd setting mitigation requirements; (ditto many previous comments
relating to aquatic functions, as none, especially by the COE have ever
been conducted.)
• BMPs for the fallowing;
"functional assessment and mitigation (ditto comments about function, above,
and the numerous comments about BMPs, which are always promised but
never developed in tills EIS, Why not?)
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    "flooding analysis and remediation (How will flooding be remediated?}
    "reclamation with trees (Has not occurred in the past what evidence can be
   presented that it will occur in the future?)
    "control of fugitive dust and blasting fumes;
    • Coordinated permitting, data collection and sharing, mitigation bonding and
   Inspection; (Provide us with the details In this EIS)
   • Development of science-based minimal impact thresholds fix- Individual and
   cumulative Impacts, If feasible; and, (How do you propose to do this? What
   factors will go into your decision? What science will you apply, since you
   have ignored much of the science associated with this EIS? Who, and
   what agencies, make the final decisions? }
    •Program changes, If necessary to enhance fSA compliance"(Again, what agency
   or agencies will be responsible for such changes and ditto above
   comments.)

    IV.B-12," The act/on alternatives, by virtue of formalized coordination of agency
   roles, facilitate results that would be delayed or would not occur under the No
   Action Alternative:
    • Enhanced environmental protection and minimized impacts through better
   information, analysis and collaborative government regulation. (How do you
   propose to do this as it has not happened In the past?  This is why the
   entire process needs to be evaluated outside of government agencies.)
   * Improved government efficiency; Implementing programs to achieve coordinated
   data collection/sharing and application processing that fulfill these objectives:
   (Again, ditto comments above)
   "assure adherence to performance standards; (who, what agencies, how and
   when?)
    "eliminate duplication by the agencies and applicants; and {Give examples of
   what will be eliminated? Who determines what will be eliminated?
   Surely not US F&W Service? Based on what is written  here.)
    "provide for better integrated public participation. (How witl this be done?)
    •Supplemented data collection to accomplish the fallowing:
    "better characterize environmental resources and establish their function in the
   ecosystem; (Since, when did any of these agencies, including COE and their
   proposed KY protocol evaluate one terrestrial or aquatic function?)
    "monitor impacts based on changes from baseline condition to determine if
   predictions were accurate; (1) when have baselines been set; and (2) give
   one example where such changes have been monitored in the past; and
   (3) what agencies, who, when and where will be responsible for such
   monitoring; and (4) how is the coordination handled among agencies? and
    "demonstrate compliance and/or reclamation/mitigation success, (ditto preceding
   comments about measuring reclamation and/or success of mitigation,
   when,  how,  and who ever conducted such studies since the 1990s when
   the entire MTR/VF phenomena rose to the top of the radar screen?)
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•Strengthened prediction of Impacts based on (tetter data a/xt analysts, (how,
when, where, and what agencies do you propose to do this?)
• Articulated regulatory concepts in the regulation of surface mining operations that
accomplish these goats: (by what mechanisms will you articulate?)
"provide clear understanding of requirements and set expectations of industry
and stakeholders (What requirements, what do you expect?)
"for making decisions;
"improve environmental protection; ind
"assure public safety.  (By what mechanisms will you improve environmental
protection, since there is no evidence it has been done to date, and how
will you assure public safety since chemicals such as selenium, and
potential for flooding are given low priority in this EIS as presently
constructed.)
•Expanded best management practices in planning/design of mining, reclamation,
and mitigation practices. (What BPMs, reclamation and/or mitigation
practices have ever been developed by the agencies involved with
MTR/VF mining?)

IV.B-13,  first paragraph - "A coordinated review process should reduce processing
times (time) and costs of permit applications, which may ofteet some of the
increased costs and times associated with the additional data collection and analysis
requirements of the actions." (This sounds as if the objective of this I IS is to
reduce processing times and costs of permit applications to milting
companies, not environmental concerns or environmental protection. 1
thought the main purpose of the f IS, was to ensure that MTR/VF was on a
firmer environmental footing, not to make the application process easer
with speed.)

IV.B-13,  second paragraph, yes environmental data is costly, exactly what
type of data to you  propose to compile from various sources? What are
your sources? Who is responsible for analyzing the data and making
comments? Who assures quality control of such data?

IV.B-13, "'Increased environmental benefits to aquaffc and related resources would
be realized from the use of a coordinated permit process in combination with other
regulatory aids and tools such asADIDs and the COE stream assessment protocol."
How is a coordinated permit process going to enhance environmental
benefits?  Who does the COE stream assessment protocol?  Additional
comments about this protocol will follow within a week?

IV.B-13 "The coordinated process and actions that make up the action alternatives
couU minimize adverse environmental effects by enhancing consideration of the
least damaging practicable alternative in fill placement; minimization of excess spoil
material; consideration of adverse cumulative environmental effects (Some
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   cumulative environmental effects were addressed in the EPA statistical
   study by Falk et •!., yet these were ignored for tills report, so what
   assurance is there to expect any bettor than past performance?); and,
   technology transfer to identify the best practices reclamation techniques available to
   avoid or minimize adverse environmental impacts,"

   " Better stream protection from direct and indirect effects would result from
   improved characterization of aquatic resources; (How are you going to
   characterize the aquatic resources, surely not with only a family or
   generic level identification as proposed by the COE for their Kentucky
   region?, This is simply not sufficient.) operations designed to avoid and
   minimize adverse effects and restore aquatic functions (no, the COi or agencies
   associated with this EIS have not measured aquatic functions!); and
   compensatory mitigation plans with improved design, inspection, and enforcement,
   (This sounds great,  but who, when, how is mitigation evaluated? Short on
   details, but lofty wording) Excess spoil fills  would become smaller and placed in
   locations that minimize adverse environmental effects,"

   IV.B-14," The MOA could also reinforce protect/on of spec/a/ environmental areas by
   containing information on existing regulatory tools for environmental protection of
   high value aquatic or other resources (e.g., underscoring the ADID process,
   designated special aquatic sites, and "Aquatic Resources of National Importance," as
   well as lands designated unsuitable for mining under SMCRA (Again, ditto earlier
   comments with the absence of an intensive biological survey, how are you
   going to determine aquatic resources of national importance?  Most
   aquatic resources are of national importance, specifically what criteria do
   you intend to apply for your classification?). An MOA could identify the role of
   the CWA Section 404(c)  and (q) elevation process in the coordinated approach and
   describe the type of site-specific information necessary to justify formal written
   requests to the COE requesting NWP applications be processed as IP."

   IV.B-H top of page, under alternative 3." This alternative Is the preferred
   alternative for the agencies because of the improved efficiency, collaboration,
   division of labor, benefits to the public and applicants, and the recognition that some
   proposals will likely be suited for IPs,  and others best processed as NWP 21,"
   Again,  I was unaware that the purpose of this EIS was to make the
   permitting process easier -1 was under the impression that the purpose
   was that given on page 1-2.

   IV.B-14," The COE would also be responsible for mandating and retaining its
   jurisdiction for appropriate compensatory mitigation to offset unavoidable impacts to
   aquatic resources, (Ah, some information, but does the COE have the trained
   aquatic biologists and/or ecologists to perform this function? Specifically
   what sort of background to you envision for such people? What goes into
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the valuation of ecological services from un mined streams?) Currently,
unike the CO£, SMCKA agencies may not have the statutory basis to require off-site
compensatory mitigation. Most states In the BS study area require compensatory
mitigation through either the CWA Section 401 water certification process or state
water quality laws. Under this alternative, trie SMCRA agency would work closely
with trie COE to determine the extent ofon-or off-site compensatory mitigation
(ditto above comments, and again one sees the need for independent
experts outside any of the agencies involved with this EIS to serve in this
capacity),  needed to offset unavoidable adverse effects ofMTM/VF to waters of
the U.S. Arty regional conditions established under the No Action Alternative will not
be continued under Alternative 3,"

IV.C-1," These actions are identified and described in Chapter II.CAb.3S Action 13
and Action I4,Action 13 includes the cooperative development and identification of
state-of-the-science BMP '$ for enhancing estatoffsrirnent of forests as a post-mining
land use. Action 14 states that if/eg/s/atrve authority were established on either a
Federal or state level, reclamation with trees could be required as a post-mining
land use. {Yes, give more information an how you intend  to get either
state or Federal legislation to support such laws} The benefits these actions
would provide to the successful establishment of forests on reclaimed mine sites are
described in the Chapter ILC.S.b discussion of the actions. *?A general paragraph
on why this has not been done in the past, lack of incentives, absence of
laws, etc. would be useful somewhere in this EIS>

IV.C-1, next to last paragraph,"//? Ms type of ridge line mining  and reclamation
environment, for a number of years to come, the forest is replaced by a grassland
and/or herbaceous/shrub vegetative community with different topographic and
hydrologic conditions than those that existed prior to mining," 
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     logging or agricultural development revert back to forest, "(Again, this l»
     misleading because it intends to imply that all these other factors are as
     significant as mining activities. Hardwood forest recover within several
     decades following logging, or even succession from agriculture, insects
     and disease; there is no evidence of such a succession on valley fills.}

      I V.C-2, second paragraph is really an alternation of the facts, forest
     regrowth is not what's occurring on valley nils, forest are becoming
     more abundant but it primarily from losses to agriculture, etc - has
     nothing to do with what's happing on valley fills, it is anything but a
     reasonable assessment of what is occurring on the MTR/VF sites. In
     fact, the following are quotes from the former WV State  Forester (from the
     Charleston WV Gazette), "timber is the only natural renewable resource in
     WVM', "/? employs over 30,000 people, by comparison the coal industry
     employs about 18,OOOpeople... Including 4,400 at surface mines" ...
     "3OO..OOO acres of forest have been disturbed...mines strip topsoil and
     do not rep/ace ft..soil that is limed... and hydroseeded with grasses,.
     which makes the ground too alkaline tor trees... our valuable hardwood
     forest are being lost for the next 150 - 200 years" (some think his
     estimate of 200 years is generous).  In view of these comments by the
     former state forester of WV, this paragraph deserves to be rewritten
     entirely with completely different emphasis!

     IV.C-S, top paragraph, " TJits process is know as "carton sequestration." Thus the
     removal of forests means that those trees removed can no longer sequester carbon
     from the air, anil depending on how the removed trees are utilized or disposed of,
     may re-introduce previously sequestered elements back  Into the alr.[O>apter
     //.C,<5,a.2./"-{WeII, if they are cut and burned in place they do release
     carbon dioxide, but are not most of them removed for timber, building,
     and paper products?  It is unclear to me what the message the writer of
     this section is trying to convey.}

     IV.C-5, under consequences common to the no action alternative,  "At best,
     reforestation could only be considered marginally successful (poor survival and
     impaired rate of growth)." How could it even be described as marginal
     successful when you have 10-year old stems that  are barely visible, and at
     best described as "hanging on".  If you really feel that it is marginally
     successful show some pictures of valley fills that have been replanted as
     examples.  If you cannot produce such, then rewrite this stuff.

     IV.C-5, last paragraph,"/« Virginia, the majority of post-mining land uses proposed
     on coal mine sites are forestry. A study of trie proposed post-mining land uses on
     current mountaintop mine sites in West Virginia revealed that 68% of the sites were
     to be reclaimed to forestry-related land uses {Appendix G;(YuiU, 2002)]. {Could
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you give some examples of the number of post-mining land uses reaching
these goals?  According to Table 7 in Yuill (Appendix G, p.23), those are
the proposed post-mining land usages from permits, not what occurs. The
68% are not the figures that show up in actual post-mining usage.}

IV.C-6, "However, regardless of the tree species, the reduction in the time required
to re-establish a forest (commercial or otherwise) equal or better than that which
existed on the disturbed areas prior to mining will also provide other environmental
benefits such as: {Whoa, first, there is little evidence that forest can be
replenished on mine sites without extensive changes in top soil
requirements, and second, What evidence can you possibly cite that
would indicate a forest can be equal or better than that which existed
previously when there is no topsoil? {see above statement by former WV
State forestry Commissioner} This above is pure wishful thinking
unsupported by any fact* whatsoever} 1) an improved aesthetic environment
as grass-shrub habitats that typically follow mining will be more quickly replaced by
forest habitats; presumption of carbon sequestration; 3)resumption of forest
product utilization; 4)retum of forest widllfe species similar to those that were
present prior to mining; and 5)resumptton of more normal hyrjrologic cycles (e.g.
evapotraospiratiofi cycles, peak fk»w),etc. '(Yet, this is true,  but there is no
evidence, supporting even minimal successful restoration of forests).

IV.C-6, "Although SMCRA regulations require salvaging and redistribution of topsoil
or acceptable topsoil substitutes as a growth medium, comments were received
during scoping specific to the impacts to soils as a result ofMTM/VF. "{So, if thl§
has been required, why has it not been enforced? Why should the public
believe any of the new promises made in this EIS based on the past
performance of agencies responsible? As for the WVU soil study see my
comments below based on feedback I obtained from some distinguished
soil scientists.}

IV.C-7, "This reduction in size and number of fills would indirectly have
resulted in a corresponding redact/art in the number of acres of forest and forest
softs impacted by MTM/Vf. When the quittflcattoa statements and recent trend data
are considered in totality, it is Ucefy that the forest and forest sot impact predictions
for the next ton year period will be less than the projected 380,547 acres." -CThis
statement appears to be in error based on Coal Age  Magazine, July 2003,
where they  report an increase in permits (totaling 4,400 acres) since the
IV Court of Appeals overturn of Judge Haden's decision in the winter of
that year.}

IV.C-7, Again, so many promises based on a non-existent, BMP Manual,
give some details, who, how and when will it be forthcoming?
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     IV.D-1, Again, page is replete with inaccurate and evasive wording,
     examples include; "...for a number of years to come, the forest
     ecosystem....", meaning = centuries; "may impact aquatic resources"
     ...they do impact aquatic resources see EPA statistical study; "may result
     in downstream impacts", accurate translation = They do result in
     downstream impacts.

     IV.D-2, first paragraph "These Impacts do not reflect any natural succession or
     reforestation efforts, that have occurred and will occur". {Insert at end of this
     sentence the following: ", which to date have been an insignificant portion
     of the deforested landscapes."} Otherwise, you are lying by implying
     something that does not exist.  See also comments of the former WV
     State Forester, above.

     IV.D-3, "Although data are lacking on the magnitude of mining impacts
     compared to other alterations in land use, such as forestry, the MTM/VF impacts to
     complex population dynamics in headwater stream systems requires additional study
     to cteta// the impacts to this system in the study area, "What kind of statement is
     this? Most of the streams are gone for eternity when buried? We know
     that formerly logged catchments can at least recover with time. We know
     there are significant downstream effects as well.

     IV.D-3, "Direct fitting of streams may reduce the numbers of individuals of rare and
     endemic species, thereby reducing its genetic diversity possibly to the point of
     extinct." May reduce? Also, don't you mean extinction? Other evasive
     words at bottom of page "may reduce" (it does reduce).
     IV.D-3, "However,  determinations of this type of impact is highly site-specific and,
     as such, are beyond the ability of this document to evaluate. Identification of these
     endemic populations, and as appropriate, protection measures, would be developed
     on a case-by-case basis as MTM/VF proposals are submitted." {Exactly, what
     does this mean? You are not requiring any specific  inventories, so how do
     you know you have an endemic populations? Your "case by case basis"
     comes across to  the reader as "unlikely event"}

     IV.D-4, (Burton and Likens 1975) not Burton and Lykens and last paragraph, "Blotic
     communities have been demonstrated to occur In the uppermost reaches of
     watersheds, even in ephemeral stream zones wft/crt flow only as a result of rain or
     snow melt," Are you referring to the Headwater stream study of Stoud et
     al. in Appendix 0? If so, these tones are not ephemeral, in fact, by WV
     state standards they would not even be intermittent - they obviously
     have long-term water as evidenced by the fact that many taxa had multi-
     year life cycles as immature (aquatic stages). The point is that these
     streams do not appear as permanent streams on USGS topographic maps,
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see comments above, which also gets tack to miles of streams buried
being underestimates.

IV.D-5, first paragraph "changes in macroinvertebrate and ffsn communities have
been observed" should read "Macroinvertebrate and fish communities were
impaired below valley fills" See Falk et al. EPA statistical study In Appendix.

IV.D-5, "A/though data are lacking on ttte magnitude of mining impacts compared to
other alterations in land use such as forestry, the permanent nature of filling would
suggest {evasive should read "shows"} that MTM/VF impacts to biotic
interactions in headwater stream systems, Including interactions linking terrestrial
biota to tne aquatic environment, may constitute (evasive should read
"constitutes") a Irreversible Impact to ffr/s system In the study area," The
streams are buried, lost for eternity, gone, done, etc., etc!  This is some of
the most misleading and evasive writing that I have ever seen!

IV.D-5, * Comparison of the numbers of total species and bentftic species on
unmined sites and filed sites in Kentucky and in tfie New River Drainage indicate
that MTM/VF has reduced ^nothadan effect") on the number and composition
of the fish communities in these streams,"

IV.D-7, "Reforestation or creation of riparian fortes as part of mitigation will
also aid in restoring contributions of woody materials and leaves tor macro
invertebrates and downstream energy transport," {How? Ponds or wetlands
don't export to downstream regions, and the development of stream
conditions on fills seems impossible based on the current structures, see
aquatic enhancement studies/7

IV.E-3 "Under the action alternatives, surface coal mining operators wouU have
access to a central source for state-of-the-art in formation on techniques to control
air quattty problems tftat may not be available under the No Action Alternative."
Well, it sounds good what does it mean and please explain the state-of-
the-art information on such techniques to control air quality, and simply
because they have access to it, does It mean they will be required to use
it?  Again, promises without any concrete mechanisms being put forth.

IV.F-l "Coal mining provides over 50%ofthe electrical generation capacity for the
nation, and, in states within the SS study area, more than 90%&f electricity comes
from Appalachian aw/(What proportion of US Coal comes from the MTR/VF
Region?), Nevertheless, resources in US. coal basins within or outside of
Appalachia and in other countries exist to offset tost reserves from the study area, if
market conditions change for regulatory or other reasons, However, economic
impacts resulting from decreased coal mining, could be locally significant [Chapter
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    IV.I.]," However, wouldn't some conversion be required of eastern power
    plants to burn western coal?

    Also somewhere in this E1S surely some mention should be made of the
    many harmful effects of relying on coal? I suggest you might extract
    some material from the following publication "COAL: America's Past,
    America's Future?" prepared by Stephen Bernow, Michael Lazarus, and
    Sivan Kartha by the Tellus Institute, Boston MA, May 2001. It is available
    on the web,

    IV.G-3,1 found this to be a very disturbing section. These people are
    hurting, they have little money, and little opportunity for further
    development because their environment, culture, and way of life are being
    trashed.  Furthermore, leaving little opportunity for higher education,
    does not mean they are dumb by any means. What are they going to be
    left with when all of the coal and many of their mountains are gone?
    How can they expect to develop a viable economy when their
    environment is being trashed? In other words, they are being treated as a
    third world country and as such being exploited  by the rest of us. How
    can you say that none of the alternatives will help them? This is only
    because  maybe the right path is not put forth as an alternative. Think
    about these things with respect to the following statements on this page:

    " No distinction can be made between the No Action Alternative and the three action
    alternatives as they affect cultural, historic, and visual resources In the EIS study
    "All alternatives may continue to displace local communities in essentially equal
    amounts, since the alternatives are based on process differences and not directly on
    measures that restrict the area of mining. "This as well as several other
    statements on this page translates as "citizens, be damned, we are
    getting the coal". How would the persons responsible for this EIS like to
    live in these areas? Put yourself in their shoes.

    "Mitigation for these impacts may occur in the form of reforestation in some
    instances, however, some visual Impacts may be permanent due to post-mining
    development" Well, if the reforestation I have seen on these valley fills are
    examples they really don't have anything to look forward to for several
    generations!

     "As communities are displaced for whatever reason, including MTM/VF, local crafts,
    skills, and folk lore may be diminished and may be lost. However, all alternatives
    will produce indistinguishable indirect impacts in Ms regard. "Only because the
    citizens have not been considered in this process and additional
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alternatives are not considered, only the mining interests are taken into
account.

IV.H-1, under social considerations, "Taken together, trie changes for tne two
periods suggest trot the study area counties lagged tfre states in trie 1980 's in
employment improvements and have begun "catching up" in the 1990's,[Chapter
Ot.Q.J (Pleas show the per capita Income for the MTR/VF counties, versus
the state average income for each period - Then, what does this tell you
about the importance of MTR/VF to the local economy?) The persistence of
high employment In the more Isolated areas suggested that new and growing
industries are not being attracted to take advantage of the available labor force
[CVI,2002]. Surely, you mean persistence of high unemployment?
Furthermore, why do you say In the more Isolated areas? Why would any
"new" industry move into an area where the environment was trashed?

IV.H-2, statements such as" The economic dependence of the region on Its
exhaustible coal resources, Its need to diversify, and its need to further develop the
human resources and infrastructure to support economic development are widely
recognized. -{Well, ditto remarks above about trashed environments
attracting new industry and maintaining any quality of life.}" Tfie steep
stopes and the narrow, flood-prone river valleys severely constrain the available
supply of developable land.  {Well, there are many other areas of the world
and U.S., even within the Appalachians, that have such geology and
maintain viable economies. Could the trashing of environments by coal be
a factor here?} Tne use of land after coal mining has been completed may
Include residential and/or commercial development '{How many valley fills are
there in the State of WV? How many have some development on them? I
am aware of 2 airports, a prison, a golf course, a nursery (with container
grown plants), what else?, How about Kentucky? And, recently found
several additional ones listed in the study by Yuill 2002.} "Impacts to
aquatic resources affect drinking water and fisheries, Impacts to terrestrial resources
affects land use and development, viewsheds, wHdiife use and recreation which all
have a bearing on social and cultural impacts. '{Well, what does this say about
the potential for new Industry and economic development?} "The number
of mining jobs Is related to the amount of coal produced. *{W«I1, If tWs is true
why do the few miners working at MTR/VF sites, mine much more coal
than many more underground miners in the state of WV?} "Coal-related jobs
will likely be lost as the existing coal reserves are depleted and/or If coal mining
productivity increases.[Appendix G;Ojapter IH.P-Q ./'{First part of statement is
obvious. Think about the second part of this statement, completely
contradictory with preceding statement- more coal production, fewer
jobs, i.e., MTR/W}
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     IV.H-3, "Concerns and subsequent complaints are likely to decrease as a result of
     the identified recent program improvements," Specially, what racmt program
     improvements will decrease citizens concerns and complaints? Please
     give specific examples in this EIS.

     IV.H-3," The actions in the three action alternatives are projected to have positive
     social benefits through the improved regulatory processes and coordinated public
     participation. ''{What! Compare with what was written on page IV.G-3
     above, how can the writer of this section even pretend this statement is
     accurate!)

     IV.H-3, "Additional water quality dais collection and analysis may result In new
     water quality standards, if necessary, (Why additional? You already have the
     information that Selenium exceeds safe drinking water standards in many
     cases!) Development ofBMPs (Again, based on promises with no indication
     of development, see also comments above concerning BMPs} to centralize
     the best techn/ca/ information for aquatic mitigation {see above concerning
     questions about mitigation} and reforestation [Chapters JLC.6 andII.C.8,], as
     well as the two actions discussed below, will provide predictability and better
     understanding for residents In the area of the effects ofMTM/VF. *•{ What sort of
     predictability and better understanding, based on statements above and
     preceding pages? These are vague, empty promises without evidence of
     support.}

     IV.H-3, a general comment on this page - Would, could, should - too
     frequently used (especially  under 2. impacts common,,).

     IV.I-3, "The existing program and the alternatives proposed in this 05 contain the
     common requirement that an applicant must avoid headwater streams and minimize
     valley fills where avoidance is not possible." Well, I am not getting that
     message from this reading. What is coming through to me and on the
     following pages is why we need larger fills.

     IV.I-5, "Because the surface mining operation has been designed to reflect
     comprehensive SMCKA review,  there is pressure on the COEto work within tire
     existing design so as to not significantly alter the mine plan-unless egregious
     adverse environmental effects would occur. "What are some examples of
     something the COE would reject as an egregious environmental impact?
     Also, between the years 1990 and 1998, how many permits were applied
     for and how many rejected?

     IV.I-6, "Action 10 is common to Alternatives l,2,and 3 and proposes to assure
     compensatory mitigation through coordination of SMCKA and CWA bonding and
     inspection. 'Again, I hate to keep pounding this point, but has there been
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any follow up studies of mitigation where a stream or stream segments
have been "improved"? Who does these and where are the results of such
follow-up studies following mitigation. This is touched on (bonding and
permitting) in the Mowing paragraphs, but based on the scant
presentation. It is impossible to follow what is actually done and who does
it with respect to mitigation.  One would think that this should be a pretty
important detail as often as the word mitigation is mentioned in this EIS.

IV.I-7, Again, readers need to be cautioned that 100-year floods generally occur
much more frequently than every 100 years.

1V.I-8, "However It is the purpose of Ms BS to generally inform the public and
decision makers of the consequences of Implementing measures for fill minimization
on the economy." On page 1-2, it reads as follows: 'Ms stated in this Notice, the
purpose of this BSis ^x> consider developing agency policies, guidance, and
coordinated agency decision-making processes to minimize, to the max/mum extent
practicable, the adverse environmental effects to waters of the Unites States and tn
fish and wildlife resources affected by mountaintop mining operations, and to
environmental resources that could be affected by the size and location of excess
spoil disposal sites in valley tills. "(Please correct the spelling of United on
page 1-2 under purpose and need, but doesn't the latter sound different
that that given on page IV.I-8?)

Aquatic EIS studies, Appendix D, part 1, page 1 - The entire objective of
what is summarized for the WVA Macroinvertebrate Study (and I think a
pretty good one) for a Biological Indicator study, seems to be attempting
to make it sound as if residential areas are strongly responsible for the
biologically degraded streams below valley fills.  Surely, it deserves
mention here that the greatest similarity between these sites were in
autumn in the middle of a drought and the streams originating below fills
had lower evapotranspiration and hence, greater flow than those draining
forests?  Furthermore, the data analysis provided by the Cincinnati EPA
lab seems to  indkate that the only drainage basin had streams below fills
that scored good, Twentymile Creek, section 5.2 of the Cincinnati Report
by Falk, et al. Their data would suggest differences between some basins
in the MTR/VF region. However, as Figure S.I shows there are still some
pretty large differences between filled and unmined sites in most seasons.
Sampling a number of new basins, as well a* incorporating the sites
studied in this report during a non-drought year could enhance these
studies. It would also be valuable to collect from streams with residences
only and  more sites with fills and no residences. The summaries on pages
1 and 2 do not adequately include information from the more
comprehensive statistical report from the Cincinnati EPA Lab, which used
all the stream biological data.
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    Appendix D, page 2, "Questions remain concerning the extent to wh'ich downstream
    impacts identified in this study may be influenced by the sizet number, and age of
    fills and the impact that these changes in the macroinvertebrate community may
    have on the downstream terrestrial and aquatic communities. A limiting factor that
    should be considered is that most sites evaluated as mined were not necessarily
    reflective of current mining methods and programmatic controls." Again, this is
    largely a misrepresentation of the data because a) the data show impaired
    communities below fills; b) so what difference does it make how many
    fills are involved?; c) the fills had  altered chemistry and aquatic
    communities below them, so what current practices are any different and
    what programmatic control was ever in place?

    Appendix D, page 3, "However, just as in the West Virginia Study, no attempt was
    made to correlate changes in water quality or quantity and subsequent changes in
    the macroinvertebrate community to the numbers of valley fills present, the age of
    the fills,  of the fills or the influences that downstream distance may have on trie
    samp/ing resu/ts. Also, sampling periods for the Kentucky study were limited.  As
    such, additional studies are needed to more fully evaluate the impacts of valley fills
    on the aquatic and Indirectly on the terrestrial community. "Ditto the above
    comments about misrepresentation of the data.

    Appendix D, page 4, "Invertebrates inhabiting temporary streams can rave high
    diversity and fauna I similarity with permanent streams, therefore they should be
    considered in conservation plans designed to protect species and their habitats."
    No, the point is these are not temporary streams but do maintain some
    water year-round as evident from the taxa present, some of which require
    water for one to two years during their larval development. This is an
    example of how  the USGS topographic maps greatly underestimate the
    presence of small headwater streams (see discussions above as well).

    Appendix D, page 4, "New questions remaining: Much more work is needed on
    organic matter dynamics, e.g., input and output budgets, etc. in small headwater
    streams of the central Appalachians. The trend of increasing fine organic particle
    collectors downstream and higher shredder populations upstream suggests a system
    that is dependent on linkages upstream resources and surrounding forest. "Well,
    not much  more work because we  know from studies in the southern
    Appalachians that: a) the organic  matter that supports many
    invertebrates and eventually salamanders and fish comes from the
    surrounding forest; and b) longitudinal linkages are a fundamental
    concept of stream ecology. Again, these statement do not accurately
    reflect current ecological understanding.
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Appendix D, page 4, under WV Stream Chemistry Studies, "Sites in tfm Filial
category had increased concentrations of the Miming parameters; suffate, Wai
calcium, total magnesium, hairiness, total dissolved solids, total manganese,
dissolved manganese, specific conductance, total selenium, alkalinity, total
potass/urn, acidity, and nitrate/nitrite." Well, this really fails to convey the
magnitude of difference (see table 6, page 25 in chemical studies) for
example the ratio of only median concentrations in streams draining
filled/unfilled sites; sulfate = 41.7x, calcium = 21.3x, magnesium =
21.2x, hardness = 21.2x, total dissolved solids = 16.8x, Manganese =
8.8x, conductivity 8.8x, selenium = 7.8x, etc., etc.  Surely, this deserves
mention at several locations throughout this EIS, including the Executive
Summary! So, why are these data not elaborated throughout this f IS?
Furthermore, in Appendix D, page 5, the striking thing about the chemistry
report is the 66 violations of the EPA's safe drinking water levels for this
element!  This is a serious problem (see above comments), why is the
problem glossed over here? What do you propose to do about selenium, and
I cannot find that it is even mentioned in the executive summary? This is a
very flagrant omission.

Appendix D, page 6," Comparisons ofunmined sites and filled sites In Kentucky and
In 2 nd order streams In the New River Drainage indicate that mountaintop
mining/valley fill coat mining has Impacted the streams." Add "and resu Ited in
degradation of macroinvertebrate and fish communities." to the end of
this sentence.

Appendix D, page 6, *77» limitations of the study include lack of data on the age of
fills, size of flits, characterization of materials handling practices, trie influence of
specific geological factors such as coal seams and overburden, and the extent to
which distance between fills and ample sites affects study findings. {No, these
are not limitations, but an attempt to obscure the findings, see comments
above.} There was //(tie QA/QC data provided for the mining company data.
Questions still remain on the downstream impacts relative to the ate, number and
age of His and the Influence of stream flow variations. {Ditto comments above
about the evasive use of additive versus cumulative effects.} Further data
analysis concerning time issues is being considered,   The report for this study was
completed In April 2003 and did not undergo BS Steering Committee review.
{Whoa, are you trying to imply that this study is therefore flawed? Is that
what the steering committee thinks? Why?} Continued sampling at unmlned
and HIM sites would improve the understanding of whether MTM/VF activities are
associated with seasonal variation in tienthic macrotnvertebrate metrics and base-
flow hydrology. "{What, exactly are you trying to imply? This statement
makes no sense, whatsoever! MTR/VF activities obviously impact benthic
macroinvertebrates as well as fish! We have attempts at concealment and
obfuscation, again.}
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    Appendix D, page 7," The proceedings provide information on the current
    knowledge about headwater streams, which are little understood outside ofsctenOftc
    circles." Well I would state this differently, i.e.. "The proceedings provide
    information on the currant knowledge about headwater streams, whose
    values are increasingly being recogniied by the lay public, who are
    forming watershed associations and adopt a stream groups,"

    Appendix D, page 7, same paragraph as above, the value of headwater streams in
    nutrient uptake and transformation was also discussed.  Furthermore, I think it
    could be safely stated that the aquatic scientists attending the meeting
    were generally opposed to burying headwater streams whereas some
    other parties were not,

    Appendix D, "A SURVEY OF THE CONDITION OF STREAMS IN THE PRIMARY
    REGION OF MOUNTAINTOP MINING/VALLEY FILL COAL MINING" by Jm Green,
    Maggie Passmore and Hope Childers:  I realize this study was completed
    before the statistical study of Palk, et al. the Green, et al.. This study
    supplied much of the data for Falk et al, however, is it possible to
    summarize some of the additional analyses done by the Cincinnati Lab,
    and put it in the appendix, or better yet incorporate those findings into
    the executive summary on pages 1-5 of this report?
    Appendix D, WV Invertebrate Study, page 2," We believe these sites scored lower
    primarily because the {exto'eme} drought and lower flows impeded our ability to
    collect a representative sample. "Wasnt this a record drought, or nearly so?

    Also, same page, "However, overs third of the time, filled sites scored in the good
    or very good range over the five seasons." Somewhere in here would be a good
    place to cite the Palk et al. statistical study as well.

    Also, bottom of same page, "7/7 general, the filled and filled/residential classes had
    substantially higher median conductivity than the unmined and mined classes," How
    about:
    "In general, the filled and filled/residential classes of streams had 8.8x
    higher median conductivity than unmined classes."

    Appendix D, WV Invertebrate Study, page 3"'Ouranalysis of the only
    complete data set provided fry Potesta and Associates {Writer 2000) Indicated that
    the sites in the filled and filled/residential classes were biologically impaired relative
    to the unmined sites (Green and Passmore 2000). The filled/residential class was the
    most Impaired class." Again, this should be updated with the data of Palk et
    al. from the Cincinnati Laboratory.
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Appendix D, page 7, * The proceedings provide inUxmatton en ffie current
knowledge about fteadmter streams, which are Utie understood outside of scientific
circles." Well I would slate this differently, i.e.. 'The proceedings provide
information on the currant knowledge about headwater streams, whose
values are increasingly being recognized by the lay public, who are
forming watershed associations and adopt a stream groups.*

Appendix D, page 7, same paragraph as above, the value of headwater streams in
nutrient uptake and transformation was also discussed.  Furthermore, I think it
could be safely stated that the aquatic scientists attending Hie meeting
were generally opposed to burying headwater streams whereas some
other parties were not.

Appendix D, "A SURVEY OF THE CONDITION OF STREAMS IN THE PRIMARY
REGION OF MOUNTAINTOP MINING/VALLEY FILL COAL MINING" by Jim Green,
Maggie Passmore and Hope Childers:  I realize this study was completed
before the statistical study of Falk, et al. the Green, et al.. This study
supplied much of the data for Falk et al, however, is it possible to
summarize some of the additional analyses done by the Cincinnati Lab,
and put it in the appendix, or better yet incorporate those findings into
the executive summary on pages 1-5 of this report?
                     Appendix D, WV Invertebrate Study, page 2, * We believe these sites scored lower
                     primarily because the {extreme} drought and lower flows impeded our ability to
                     collect a representative sample, "Wasn't this a record drought, or nearly so?

                     Also, same page, "However, over a third of the time, filled sites scored in the good
                     or very good range over the ttve seasons." Somewhere in here would be a good
                     place to cite the Falk et al. statistical study as well.

                     Also, bottom of same page, "in genera/, the filled and filled/residential classes had
                     substantially higher median conductivity than the unmined and mined classes. "How
                     about:
                     "In general, the filled and filled/residential classes of streams had 8.8x
                     higher median conductivity than unmined classes."

                     Appendix D, WV Invertebrate Study, page 3 ""Our analysis of the only
                     complete dad set provided by Potesta and Associates (Winter 2000) Indicated that
                     ttie sites in the tilled and Mled/residen®al classes were biologically Impaired relative
                     to the unmined sites (Green and Passmore 2000). The flHed/resiclential class was the
                     most impaired class." Again, this should be updated with the data of Palk et
                     al. from the Cincinnati Laboratory.
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   Appendix D, WV Invertebrate Study, page 3 * Dissolved oxygen, pH and temperature
   can all vary during the day and through the seasons. The grab samples for these
   parameters may not tx representative of long term water quality at these sites and
   should be treated with some caution. Temperature was fairly comparable within the
   four classes. Dissolved oxygen, pH and temperature can all vary during the day and
   through the seasons. The grab samples for these parameters may not be
   representative of long term water quality at these sites and should be treated with
   some caution. "Yes, temperature does need some additional information.
   Why not update it from the USGS study that incorporates stream
   temperature in appendix D?

   Appendix D, WV Invertebrate Study, page 3" The Rapid Bioassessment Protocols
   habitat assessment data did not indicate substantial differences between the stream
   classes." I suggest recasting as follows:  Habitat assessment data did not
   indicate substantial differences between the stream classes based on
   method provided in the EPA Rapid Bioassessment Manual.
   Appendix D, WV Stream Chemistry Study, "A Survey of the Water Quality of
   Streams in the Primary Region of Mountaintop /Valley Pill Coal Mining",
   page l The data indicate that MTM/VF mining activities increase concentrations of
   the several parameters in streams. Sites in the category Filled had Increased
   concentrations of the following parameters: sutfate, total calcium, total magnesium,
   hardness, total dissolved solids, total manganese, dissolved manganese, specific
   conductance, total selenium, alkalinity, total potassium, acidity, and'nitrate/nitrite."
   To better get the readers attention you need to at least give median ratios
   (filled/unmined) for each of the chemicals in the summary....many people
   may not read more than the summary,

   Appendix D, WV Stream Chemistry Study, page 2, bottom of page, somewhere in
   this section as well as in some of the USGS studies relating to increase stream flows
   below valley fills, it needs to be mentioned that combined with higher
   concentrations of certain chemicals this is going to Increase the
   downstream loading,

   Appendix D, WV Stream Chemistry Study, page 8, under Mining Permit Monitoring
   "It was agreed that the list of parameters being monitored for permits would be
   expanded to include the parameters being monitored in this study, 'Provide
   information on what was being required before? For example was
   selenium and conductivity being required?

   Appendix D, WV Stream Chemistry Study, page 9 -23, it is important to
   document the QA/QC in this report, but it tends to break the readers
5-5-4
entire train of thought where it is located. Just a scant sketch up front to
acquaint the reader with what's coming in the results. Is it possible to
move much of this to the appendix so the reader has access to it?

Appendix D, WV Stream Chemistry Study, pages 9-23, in lieu of all of the problems
witti field crews seems as If the USER A should do additional sampling themselves
rather than relying on the WVDEP?

Appendix 0, WV Stream Chemistry Study, page 24,  " The ratio of Mined to Unmined
was used to prioritize the discussion and evaluation of the data from all categories
of sites.  Only data from the second laboratory was used in this comparison since
there were data quality differences between the two laboratories." Can you give
some idea of how many dates you are talking about for each laboratory
here?

Appendix D, WV Stream Chemistry Study, page 27, second paragraph, there is no
yellow diamond symbol on  my black and white copy!

Appendix D, WV Stream Chemistry Study, pages 27 and throughout the
remaining document where results of data for the various chemical
parameters are discussed. The biggest problem with the stream
chemistry study as those data now stand is that it is in need of some
severe data reduction and additional analyses. One simple starting point
is to boil all those graphs such as Figure SO4-1 into some more usable
format for the reader. A simple starting point would be as  follows: 1)
provide the means for each of the classes of sites, i.e., filled, mined,
unmined, ftlled-residential, etc. across ail dates, with their  standard
deviations (or standard errors w/number of samples), and  simple 95%
confidence limits for each of the classes of sites.  As It is presented, all of
these graphs are simply too busy and non-overlapping 95°/o Confidence
intervals are one of the simplest means of viewing such data. If it turns
out that the means are highly correlated with the standard deviations
then some log transformation may be required for such analyses. There
are other methods of a quick visual representation as well, but it loses
Information, that would be to assign each type (Class of site) a number,
i.e. filled = 3, mined =2, unmined = 1, etc, etc (with those  values with
highest numbers given the highest numbers) and see how  the numbers
would cloud around a simple regression versus concentration	it's
somewhat "offbeat" but it may show something more distinct than the
cluttered graphs presently used.

Appendix D, WV Stream Chemistry Study, page 30, and throughout following pages
where comparison of Duplicate Samples are  made. I generally like these graphs as
they are  very visual; however, couldnt you also provide a different symbol, i.e.
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    filled, mined, unmined, filled-residentlal, etc. for where these duplicates were taken?
    For example, on Figure SO4-2 wouldn't you expect the Filled sites to cluster in the
    upper right and unmined sites on the lower left?

    Appendix D, WV Stream Chemistry Study, page 31 and earlier on calculations of
    yield, I would probably urge a little more caution on these yield measurements
    because stream chemistry can change drastically during storms (see this reference)
    Oolladay, S. W., J. R. Webster, E, F. Benfield, and Swank W. T.1992. Changes in stream stability
    following forest clearing as indicated .by storm nutrient budgets. Archlv fur Hydrobiologie 90:1-33.
    Since no continuous integrated flow measurements or automatic sampling
    techniques are used, these could be significant underestimates for certain chemicals
    and overestimates for others.  If you are going to use these then I  would also
    suggest doing the results for yield with means and 95% Confidence Intervals as
    discussed above (with appropriate caution).

    Appendix D, WV Stream Chemistry Study, Calcium - ditto results discussed above
    for Sulfate graphics for Calcium as well, and hardness, total dissolved solids,
    manganese, and throughout remainder of the report.

    Appendix D, WV Stream Chemistry Study, page 62, shouldnt a preashed glass fiber
    filter have been used for all dissolved and total organic carbon analyses?

    Appendix D, WV Stream Chemistry Study, page 74,"Disturbing coal andsoils during
    MTM/VF mining could be (far too weak should read are expected) expected to
    result In violations of the stream limit for selenium." Also see my above pages
    about selenium and even WV information on selenium.

    Appendix D, WV Stream Chemistry Study, page 76 bottom of page  you need to
    emphasize that small amounts of Selenium can bioaccumulate in food chains and
    end up in fish and wildlife.

    Appendix D, WV Stream Chemistry Study, page 76 to 83,  These concentrations
    of Selenium in stream water are very disturbing. Are people being
    adequately warned about the potential consequences of eating fish from
    downstream areas?

    Appendix D, WV Stream Chemistry Study, page 86," The neport indicates SS.base
    flows of streams with valley fills are 6 to 7 times greater than the base flows of
    unmined areas."  Again, somewhere in this chemistry section an additional
    paragraph needs to be written pointing out that greater flows from valley
    fills are going to serve to increase downstream chemical  loading
    compared to reference reaches.

    Appendix D, "An evaluation of the Aquatic  Habitats Provided by Sediment Control
    Ponds and other Aquatic Enhancement Structures	" Conducted for Pen Coal
5-5-4
6-4-4
by R.E.I. Consultants -1 have no problem with the Inclusion of this study in the EIS,
but why was the important study by these same consultants "Benthtc
Macroinvertebrate and Fisheries Study of Stations on Trough Fork and Big Laurel
Creek" not included in the final report? Furthermore, this study seems to be missing
from my copy of the CD Rom, however my comments under the abbreviation REI-
Habitats are as follows:

Page 1, REI-Habitats, the wetlands really represent somewhat exotic habitats to the
region, dont they?

Page 4, and Table 1A. REI-Habltats - on Physical and Chemical parameters - Well,
Selenium is listed as below (<0.003 mg/l), If we assume that it is averages only
0,0015 mg/l = 15 ug/L,  this still exceeds EPA safe drinking water levels by several
fold (I will come  back to this point later).

Page 4, and Table 1A. RH-Habitats- Benthic Macroinvertebrates, If you want to use
the EPA Hilsenhoff index, ok, but when you apply this to a lentlc situation there is
little assurance that it is applicable.  Also, page 4, rather than telling us the brand
name (Unitron) of the microscope - could you just state what type (I assume a
stereo?).

Page 6, and Table 1A. REI-Habitats- Benthic Macroinvertebrates, is this really St.
John's Wort. Scientific Name: Hypericum perforation L.  Family:
Hypericaceae. Common Names: John's wort, klamath weed, goatweed,
rosin rose ? This is a serious exotic pest, i.e., known as Klamath Weed in
Oregon (an exotic from Scandinavia), where it has taken over extensive
areas of the Klamath Valley.  Surely, this is not being planted on the
valley fill sites?
Page 6, and Table 1A. REI-Habitats-surely the levels of Selenium, even if we take
half of the <0.003 mg/l, Selenium is in great excess at these sites?

Page 13, REI-Habltats, well if you really want to apply the Hilsenhoff Biotic
Index to ponds, ok, but that is not the purpose for which it was
developed.  You should also give the scale where biotic  indices >6.0
(Tables 3A and 3B) fall out according to the Hilsenhoff index, as 1 recall
fairly poor to fair?

REI-Habitats, page 20, surely algae in these pond has some role in overall
productivity and not just detritus?

RH-Habitats, page 20, long paragraph at top of page - surely you want to say
something about selenium concentrations and potential for downstream
impact?
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     RB-Habitats, page 21, top of page, first Itne - change refuge places to "refugia"

     RB-Habitats, page 13, would you really expect Plecoptera in ponds? And,
     how many EPT taxa would you expect in ponds versus streams?

     RS-Habitats, pages 15-17, and Table 2A, 2 b, etc. If you are going to use the
     Hilsenhoff Biotic Index you should state in here somewhere that the
     scores range from fairly poor to fair.

     REI-Habitats, I also have some questions about some of the identifications
     in the Tables 5-9.  Are you sure that the "Rhvacophila" aren't really
     Polvcentropus? Polvcentropus are found in a variety of habitats ranging
     from streams to ponds; however, Rhvacophila are always associated with
     fast-flowing streams and rivers. Ifs fairly easy to misidentify these two
     genera in early instars. Also Amphizoidae beetles are found only in the
     west and Pacific Northwest, so they must be something else?.

     REI-Habitats, page 20, top paragraph, surely algae supplies a significant proportion
     of the food base in the ponds and ditches as well as detritus doesnt it?

     REI-Habitats, page 21 -23, before I would get too excited about the potential
     food webs and environmental resources of these ponds, i.e., 13 to 10 lines
     up from bottom of page 21, you need to consider the selenium
     concentrations as potentially creating some bioaccumutation problems
     (see selenium above as well). If it is expressing bioaccumulation, what
     might happen to humans and/or other animals that may be depending on
     the pond for food and water supply? I know it was not part of your
     contract, but have other animals that might be using these ponds for food
     resources been checked for selenium concentrations?

     REI-Habitats, pages 23 and 24,1 agree with your statements that  the COE
     and other agencies need to reconsider the question of pond removal
     following completion of mining. They may also serve to moderate stream
     temperature regimes that are more favorable to downstream fauna.

     Question on another Study By R.E.I. "A History of the Benthic Macroinvertebrate and
     Water Chemistry Studies of two Long-term Monitoring Stations on Through Fork"
     Conducted for Pen Coal by R.E.I.  Consultants, report dated 20 June 2000. This  study
     seems to be missing from the draft US and I think it should be included here.

     This was an interesting and valuable long-term study of macroinvertebrate data on
     Through Fork Creek as impacted by mining activities upstream. In fact, it was the
     only long-term study that I remember seeing associated with this EIS.  I think it
     should be included along with the bar graph  Figure showing the multiyear shifts
6-4-4
IV.D-l. Again, page is replete with inaccurate and evasive wording,
examples include: "...for a number of years to come, the forest
ecosystem....", meaning * centuries; "may impact aquatic resources"
...they do impact aquatic resources see IPA statistical study; "may result
in downstream impacts", accurate translation = They do result in
downstream impacts.

IV.D-2, first paragraph" These impacts do not perfect any natural succession or
reforestation efforts, that have occurred and wffl occur,{Insert at end of this
sentence the following:", which to date have been an insignificant portion
of the deforested landscapes."} Otherwise, you are lying by implying
something that does not exist. See also comments of the former WV
State Forester, above.

IV. D-3, "Although data are lacking on the magnitude of mining Impacts
compared to other alterations In land use, such as forestry, the MTM/VF impacts to
complex population dynamics In headwater stream systems requires additional study
to detail the impacts to this system in the study area. "What kind of statement is
this? Most of the streams are gone for eternity when buried? We know
that formerly logged catchments can at least recover with time. We know
there are significant downstream effects as well.

IV.D-3, "Direct filling of streams may reduce the numbers of Individuals of rare and
endemic species, thereby reducing its genetic diversify possibly to the point of
extinct," May reduce? Also, don't you mean extinction? Other evasive
words at bottom of page "may reduce" (it does  reduce).
IV.D-3, "However, determinations of this type of impact Is highly site-specific and,
as such, are beyond the ability of this document to evaluate. Identification of these
endemic populations, and as appropriate, protection measures, would be developed
on a case-by-case basis as MTM/VF proposals are submitted."  -[Exactly, what
does tiiis mean? You are not requiring any specific inventories, so how do
you know you have an endemic populations? Your "case by case basis"
comes across to the reader as "unlikely event"}

IV.D-4, (Burton and Likens 1975) not Burton and Lykens and last paragraph, "Biotic
communities have been demonstrated to occur in the uppermost reaches of
watersheds, even In ephemeral stream zones which flow only as a result of rain or
snow melt"  Are you referring to the Headwater  stream study of Stoud et
al. in Appendix D?  If so, these zones are not ephemeral, in fact, by WV
state standards they would not even be intermittent - they obviously
have long-term water as evidenced by the fact that many taxa had multi-
year life cycles as immature (aquatic stages). The point is that these
streams do not appear as permanent streams on USGS topographic maps,
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   IV.D-1. Again, page is replete with inaccurate and evasive wording,
   examples include: "...for a number of years to come, the forest
   ecosystem....", meaning = centuries; "may impact aquatic resources"
   ...they do impact aquatic resources see EPA statistical study; "may result
   in downstream impacts", accurate translation = They do result in
   downstream impacts.

   IV.D-2, first paragraph" These impacts do not reflect any natural succession or
   reforestation efforts, that have occurred and will occur".{Inmrt. at end of this
   sentence the following: ", which to date have been an insignificant portion
   of the deforested landscapes."} Otherwise, you are lying by implying
   something that does not exist.  See also comments of the former VW
   State Forester, above.

   IV. D-3, "A/though data are lacking on the magnitude of mining impacts
   compared to other alterations in land use, such as forestry, the MTM/VF impacts to
   complex population dynamics In headwater stream systems reguires additional study
   to detail the impacts to this system in the study area. "What kind of statement is
   this? Most of the streams are gone for eternity when burled? We know
   that formerly logged catchments can at least recover with time.  We know
   there are significant downstream effects as well.

   IV.D-3, "Direct Ming of streams may reduce the numbers of individuals of rare and
   endemic species, thereby reducing its genetic diversity possibly to the point of
   extinct," May reduce? Also, don't you mean extinction? Other evasive
   words at bottom of page "may reduce" (it does reduce).
   IV.D-3, "However, determinations of this type of impact is highly site-specific and,
   as such, are beyond the ability of this document to evaluate. Identification of these
   endemic populations, and as appropriate, protection measures, would be developed
   on a case-by-case basis as MTM/VF proposals are submitted." {Exactly, what
   does this mean? You are not requiring any specific inventories, so how do
   you know you have an endemic populations? Your "case by case basis"
   comes across to the reader as "unlikely event"}

   IV.D-4, (Burton and Likens 1975) not Burton and Lykens and last paragraph, "Biotic
   communities have been demonstrated to occur in the uppermost reaches of
   watersheds, even in ephemeral stream zones which flow only as a result of rain or
   snow melt."  Are you referring to the Headwater stream study of Stoud et
   al. in Appendix D?  If so, these zones are not ephemeral, in fact,  by WV
   state standards they would not even be intermittent - they obviously
   have long-term water as evidenced by the fact that many taxa had multi-
   year life cycles as immature (aquatic stages). The point is that these
   streams do not appear as permanent streams on USGS topographic maps,
9-3-4
 9-3-5
Appendix I, Cumulative Impact Studies, page 74," The comtonatjon of the direct fill
Impacts wfticf) decrease mMent cyctitg ami Mtmct impacts through impairment of
the aquatic community downstream torn ff/ts may result In a substantial impact to
the nutrient cycling function in headwater streams, This impact has proven difficult
to study directfy. There is ongoing debate among regulators and scientists on the
best way to collect quantitative evidence for the passible occurrence and the
severity of the potential impact to nutrient cycling functions of headwater streams,"
{What? How about examining the chemical data below fills compared to
reference sites as a start!  For example: the ratio of only median
concentrations in streams draining filled/unfilled sites: sulfate = 41.7x,
calcium = 21.3x, magnesium » 21.2x, hardness = 21.2x, total dissolved
solids = I6.8x, Manganese = 8.8x, conductivity 8.8x, selenium = 7.8x,
etc., etc.  (See Table 6, page 25 in Chemical Studies In Appendix D).}

Appendix I, Cumulative Impact Studies, page 74, * Other activities,  such as logging,
also pose potential threats to the nutrient cycling /unction of headwater streams in
the study area. However, the permanent nature offf/ffng compared to the more
temporary and possibly more manageable impacts from forestry, would suggest
(evasive wording)  that MTM/vF impacts of to the nutrient cycling A/nctfon of
headwater stream systems constitute one of the most major threats to Ms system
in the study area." {Well, this sure does state the obvious. The streams are
buried, lost for eternity, gone, done, finished, kaput, etc., etcl The effects
of logging don't even approach this, i.e. see the following reference for
some fairly long-term logging effects on benthic invertebrates as well as
to obtain other references on logging effects:
Stone, M. K,, and J. B, Wallace. 1998. Long-term recovery of a mountain stream
from clear-cut logging: the effects of forest succession on bentfriic invertebrate
community structure. Freshwater Biology 39: 141-169}

Appendix I, Cumulative Impact Studies, page 75,"In contrast, wetlands are among
the most effective ecosystems tor removing pollutants and purifying wastes." •£!
think you are trying to Imply in contrast to streams.  Another
misinterpretation of facts - we don't tend to put as much such sewage
into wetlands as we do streams do we? Unless very overloaded, streams
are very efficient processors of nutrients and organic matter!}

Appendix I, Cumulative Impact Studies, page 76, top paragraph, "Biotic
communities have been demonstrated to occur in tire uppermost reaches of
watersheds, even in "ephemeral" stream zones which flow only as a result of rain or
snow melt" {You are implying that these headwater streams  are generally
ephemeral, no, they are not even intermittent,  because some are
permanent as evidenced by the headwater stream study (Appendix D,
Stout, et al.) because many of the taxa present have multi-year life cycles
(i.e., they require water throughout a multi-year period) and would not
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    even fit the definition of intermittent in WV. The above statement is
    simply wrong. For example, at Coweeta in the southern Appalachians,
    there are taxa present on drainages of less than 7 acres that require
    continuous water to complete their development and these streams have
    flowed for >18 years with continuous measurements of discharge.}

    Appendix I, Cumulative Impact Studies, page 78, bottom paragraph, *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 (Stein eta/,,2000). {This is
    certainly true} This region Is known to have the highest regional concentration of
    aquatic biodiversity in the nation, {This is also true, so why are we continuing
    to bury our hot spots for biodiversity?} For this reason, it is hypothesized
    {evasive wording again} Oat Impacts which result in decreases in genetic
    diversity,  as measured by loss of species, loss of populations or toss of genetic
    variants,  would have a disproportionately large impact on the total aquatic genetic
    diversity of the nation." {Well, why aren't statements such as this put
    forward  in the Executive Summary as well as the main BIS?}

    Additional comments and Notes to the EPA

    Pretty obvious that EPA should  establish some sort of limits on  conductivity for
    streams as mayflies appear to be depleted below most valley fills.
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Suggestions for Future Studies By the EPA from Wallace's reading of the EIS

As the executive summary and much of the main HS is currently presented it Is
obvious that results of the USEPA's own scientists were largely ignored.
Despite the attempts to obfuscate data such as that of Green and Passmore
and even Ignore that of Falk et al. from the Cincinnati Laboratory (Appendix D),
the results of the benthic studies are pretty overwhelming.  The study of Falk
et al. found some Interesting cumulative effects, although they were called
additive for inexplicable reasons In this report, the seasonal difference in
downstream biological integrity metrics do warrant further investigation from
the standpoint of both basic and applied science. Their data certainly indicates
that increased mining activity within a watershed, which seems to be a point of
contention among some quarters. The further one goes downstream, the more
obfuscators can throw additional factors into the  mix.  However, without
question the downstream chemical and biological data do show serious
problems resulting from valley fill operations.

Using existing data such as the WV stream Condition Index would be a valuable
starting point for establishing clear biological criteria for each of the states  in the
mining regions, "develop and propose, as appropriate, criteria for additional
chemicals or other parameters (e.g. biological Indicators) that would support a
modification of existing state water quality standards" The time for additional
studies are over, it is now time proceed with the existing criteria such as those
developed by Gerritsen  et al. for the WVSCI  (see citation in WV Macro!nvertebrate
study of Green and Passmore).

For individual states  such as WV, does the USEPA have any requirement on
how biological monitoring records are delivered to the VWDEP or maintained
following their submission?  As I recall form conversations in 1999-2001, this in
unclear.  Are these data analyzed in any way, or they simply dumped into files?  One
requirement should be to have those data be submitted electronically as well as a hard
copy and one copy should go to the USEPA,  If the submission forms were in a
standardized format, It would be a valuable record for long-term study. Furthermore, if
those data were required and maintained, then much of the present situation would not
even be  occurring and quarterly assessments could be made directly by the EPA,

Another  problem associated with the entire process of benthic data and collection of
such is the quality of consultants.  Based on what I have seen I would generally give
the RH group working with Penn Coal, decent grades.  However, even with RS they
have obviously made some mistakes in benthic identification (see my main BS
comments), but these guys are young and I am willing to allow for problems.  However,
I feel that they are honest. The real problem comes in with the fact that according to
Mike Barbour at Tetra Tech, there is no license required for consulting.  Who checks
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         them out? Many consultants are simply unqualified. This is a problem we have
         discussed at the North American Benthological Society for a number of years.  Since, it
         is obvious that the COE protocol for Eastern KY Streams is going to be
         stressed In the MTR/VF process (we are working on a review of that protocol
         and will submit it within the week) as well as mitigation, I find this
         disconcerting, because there is no QA/QC associated with the process. The
         EPA needs to take control here. I found that certain statements such as:
         "Questions remain concerning the extent to which downstream impacts identified in this
         study may be influenced by the size, number, and age of Mis and the Impact that these
         changes in the macroinvertebrate community may have on the downstream terrestrial
         and aquatic communities. A limiting factor that should be considered is th9t most sites
         evaluated as mined wens not necessarily reflective of current mining methods and
         programmatic controls. These questions wiff require additional investigation. * are
         intentionally designed to be ambiguous and evasive. If you presented the
         results of some of the iPAs findings to any aquatic scientific society they
         would immediately take this for what it is — impaired. Thus, some of this
         should be turned over to the legal divisions within EPA.

         Note the problems mentioned in the paragraphs of Handel's report concerning long-
         term prospects for reforestation.  The EPA should promote a long-term recovery study
         to get some idea on any potential forest recovery under different conditions.  Sampling
         valley fills of different ages could represent an initial phase of such a study.
         Reforestation should be a starting place for BMPs.

         I am also concerned about the fact that In addition to being unnamed, most
         headwater streams are unaccounted for by conventional methods. Almost none of
         the intermittent and ephemeral streams in the Chattooga basin were drawn on
         either USGS topographic or Forest Service maps. The USEPA should conduct some
         ground measurements of some of these headwaters in the MTR/VF area, perhaps in
         conjunction with the USGS, and compare these with topographic maps.  VVittiout this
         information, accurate assessment of miles of stream impacted Is Impossible. Many
         more mites of streams may be buried than currently mitigated.

         Appendix D, WV Stream Chemistry Study, pages 9-23, In lieu of all of the problems
         witti field crews seems as if the USEPA does any additional sampling, It should be
         done internally rather than relying on the WVDEP?  However, results from the
         chemical study are so overwhelming,  despite lack of statistical analyses,  that the
         time for action  is now. EPA has set the drinking water standard for selenium at 5
         ug/L (versus 11.7 observed below valley fills, Table 1) to protect against the risk of
         these adverse health effects. Drinking water that meets the EPA standard is
         associated with little to none of this risk and is considered safe with respect to
         selenium. Much of the chemistry data seems fairly conclusive and there are several
         items of major concern: First) What is EPA going to do about the elevated selenium
         since many (66) samples violated EPA's safe drinking water levels? Second)
                  Selenium is known to accumulate in food chains. Some consideration must be given
                  to taking fish tissue samples from downstream areas, including downstream
                  reservoirs.
                  Concerns the downstream measure of "yield* tor certain chemicals as presented in
                  the Chemical Study.  Simply multiplying concentration x Instantaneous measures of
                  discharge on each sampling date may grossly underestimate concentrations.
                  Several studies have shown that concentrations of chemicals often "spike" sharply
                  during storms. It would be very informative to establish some automated water
                  sampling devices below both flits and reference sites to obtain storm concentrations.
                  For both DOC, and chemical analyses.  (Some of these samples can also be filtered
                  through glass fiber filters to obtain estimates of fine partlculate organic matter
                  [FPOM] concentrations during storms for both reference and filled sites.) Surely
                  somewhere In the HS there needs to be a general paragraph that addresses the
                  following: 1) the large increases in concentrations of certain chemical elements
                  below valley fills; and, 2) the increased water yield or discharge below valley fills,
                  The combination of these two factors is going to increase the rate of
                  chemical loading on downstream streams and rivers and this needs to be
                  made perfectly clear in the EIS.

                  Another major item of concern is conductivity, which is more difficult to get a handle
                  on because a) it varies greatly in different geographical regions and different
                  geologies, b) it is not always the same chemicals that contribute to elevated
                  conductivities; c) therefore, a national standard would probably be Inappropriate.
                  Unless it can be shown that the elevated conductivity is coming from
                  seme unusual geological formation, (i.e., springs on occasion may have
                  very different chemistries) some regional standard would appear to be in
                  order.  However, some local or ecoregion standard for increase(s) above
                  some background levels found in the ecoregion would appear to be in
                  order.

                  From a purely scientific viewpoint 1 would like to see some long-term data sets
                  associated with reference and valley fill sites for both stream invertebrates and
                  stream chemistry. This could take the form of several fills sites: 1) samples below
                  older fills; 2) samples below recent flits; 3) samples below active fills; 4) samples
                  below planned or fills being permitted. However, you can forget these
                  comments If it is going to simply require multiple years of data collection
                  while these mining companies continue to rate the environment of the
                  MTR/VF region, The existing evidence is already sufficient for regulatory
                  purposes.  These studies are a good start to long-term data set.


                  Some studies that were promoted in the EIS dont warrant additional
                  effort, or are not required for regulatory purposes.  They appear to be
                  designed particularly to prolong the process. These are as follows:
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         Statements such as;  "New questions remaining: Much more work fs needed on
         organic matter dynamics, e.g., input and output budgets, etc. in small headwater
         streams of the central Appalachians. The trend of increasing fine organic particle
         collectors downstream and higher shredder populations upstream suggests a system
         that is dependent on linkages upstream resources and surrounding...," No, these
         are not new questions remaining, only designed obfuscation for a few
         more years of mining.

         Likewise, statements such as, " The limitations of the study include lick of data
         on the age of fills, size of fills, characterization of materials handling practices, the
         Influence of specific geological factors such as coal seams and overburden, and the
         extent to which distance between fills and sample sites affects study findings.....
         Questions still remain on the downstream impacts relative to the size,  number and
         age of fills and the Influence of stream flow variations. Further data analysis
         concerning these issues is being considered " No, these are only designed to
         slow the regulatory process with obfuscations that really don't amount to
         much  because they know the streams and environments they have
         created are severely  impaired and are attempting to delay the inevitable.

         "A number of questions or issues remain to be resolved. Several stream quality
         parameters exhibited anomalous concentrations. The potential effects of existing
         mineralogies I or geological controls on water quality composition is uncertain. The
         extent to which downstream impacts may be influenced by the size, number and
         age of fills and the extent to which downstream distance may influence study
         findings was not determined. Loss of the Initial sampling data made analysis of
         seasonal variation of water quality difficult to evaluate. Identification of the specific
         sources of pollutants were not incorporated into the study design. A limiting factor
         that should also be considered is that most sites evaluated as mined wens not
         necessarily reflective of current mining methods and programmatic controls. As
         such, further data analysis concerning these issues is being considered. "Again,
         statements such as the above are only designed to obfuscate and prolong
         the issue. If we prolong the issue long enough, it want make any
         difference to the conclusions reached in the final document!"
                      Some points on the Eastern Kentucky Stream Protocol by J. Bruce Wallace

                      The methodology represents a first attempt at assessment and mitigation, which
                      is an admirable effort; however, the document falls far short on many points and
                      is replete with unproven and unsubstantiated assumptions.  Furthermore, much
                      more extensive documentation, based on scientific studies needs to be presented
                      before this document even pretends to assess the COE goals of "no net loss" of
                      functional values,

                      The methodology Is based primarily on visual assessments of streams (based on
                      the U.S. EPA publication EPA 841-B-99-002) as well as EPA rapid bioassessment
                      protocols in the above manual.  1 quote from this EPA publication as follows:
                      "However, none of these habitat classification techniques attempt to differentiate
                      the quality of the habitat and the ability of UK habitat to support the optimal
                      biological condition of the region."  A general rapid bioassessment is much better
                      than  not doing anything, but does not serve to identify particularly rare or
                      endangered species or those having special value. Such an assessment does not
                      identify "high value" aquatic ecosystems as put forth in the main coal mining
                      draft HS. Nor does such an assessment identify habitats containing unusual or
                      rare species as put forth In the above HS.  Furthermore, as pointed out in the
                      MTR/VF draft EIS (see Stout et at, Appendix D) many rare species are
                      associated with these small headwater streams and simply are not going to be
                      accounted for using genus, or especially family level identifications.

                      Furthermore, these rapid bloassessments are put forth repeatedly (here as well
                      as in the mining HS) as a functional assessment and trying to imply they assess
                      stream functions, which they do not.
                         These things purported to be functional assessments are not really measuring
                      functional attributes in an ecological sense and should in  no way be confused
                      with  ecological functions.  Here are some examples functions as would be
                      covered in an ecological context:
                         1) Nutrient cycling (or splrallng) in streams (includes  uptake and release and
                            processes such as denitrificatjon and nitrification);
                         2) Transport and retention (particles, etc);
                         3) Decomposition such as detritus processing;
                         4) Organic matter dynamics (Input, storage, retention, export);
                         5) Measurements of primary production, secondary production heterotrophs
                            such as bacteria, animals (including invertebrates and fish;
                         6) Respiration, etc.

                         The USACOE Wetland Research Program Technical Report WRP-DE-H "A
                      Guidebook for Application of Hydrogeomorphic Assessments to Riverine Wetlands
                      by Mark M. Srinson, et at. does list some functions as applied to wetlands such
                      as Nutrient Cycling, nutrient removal, retention of organic matter, etc,
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               The items indicated in the Eastern Kentucky Stream Protocol (EXSP) as
            assessing stream functions are not doing so, although the mountaintop
            removal/valley ffll EIS (HTR/VF) is replete with statements suggesting that
            methods presented the EKSP assesses stream functions.  This is an extremely
            serious point as there is no evidence that functions are being measured, nor is
            there any  evidence that restoration or enhanced functions are being mitigated
            (see below) and indeed apparently (without direct reference) is repeatedly
            referred to in the MTR/VF draft EIS.
                 In a document published on pages immediately following art earlier draft of
            the EKSP in the following: Aquatic Resources News [COE publication Vol.2, Issue
            1, Spring 2003, "STREAM ASSISSMf NT IN VIRGINIA- AN EVOLVING AND
            DYNAMIC PROCESS" by Michael A. Schwinn and Gregory D. Culpepper) these
            authors noted based on a similar stream assessment the following: "Because
            development of a fully functional stream assessment model could take several
            months, there was a need for a more rapid assessment tool for the regulatory
            program that was still objective and quantitative. Therefore, the Norfolk District
            and the Virginia DEQ decided to pursue art interim stream assessment protocol
            that could bridge the gap between the subjective measures currently In place
            and a full functional assessment model. The Interim stream assessment approach
            is 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 (HEP) are."

               How are the long-term consequences taken into account In the document?
            For example are you burying a stream of EIU (ecological integrity unites worth
            only 0,2) x 1000 feet of stream are we really (osing only 200 HUs since this
            burial is forever? How do you account for a fraction  of an EIU lost if it is in
            perpetuity?  Furthermore, this assumption is based on the supposition that a
            stream with 0,2 EIU will never improve in perpetuity, which is highly unlikely
            since many scientific studies have addressed both short- and long-term studies
            from disturbance and shown that many streams can  recover from  rather severe
            disturbances.  The previous scenario, long-term recovery and increased EIU
            values for a stream destined to be buried,  is just as predictable as the ineffectual
            predictions of some future values under the proposed mitigation gains elaborated
            on extensively (see additional comments below), but never clarified with respect
            to how, when, and where these are actually assessed.  Furthermore, is there
            not flawed  logic with the concept of burying 2,000 feet of stream with an EIU
            value of only 0,2 In perpetuity, as a one time write off, yet we allow 25-30 years
            for some future imaginary envisioned "mitigation" improvements to become
            effective?  The answer is obvious and does not need further elaboration.  Please
            provide appropriate scientific literature that addresses these enhanced stream
            values following long-term studies of mitigation. If such documentation cannot
                      be provided, what "crystal-ball* are the authors of EKSP using to reach such
                      conclusions?

                         Another area of concern Is that invertebrates are being sampled only from the
                      riffle areas. I hate armchair biologists as I have only walked some of the
                      reaches of KY streams Impacted by MTR/VF operations.  However, based on
                      studies of numerous streams In the southern Appalachians, the percent riffle
                      habitats can vary greatly among streams, For example in some headwater
                      streams in the Appalachians of western North Carolina, riffles may vary from
                      10% to over 60% of the habitat proportions. My  question is as follows; If you
                      sample only riffles and you obtain an EIU of 1.0 in one stream that may have
                      only 10% riffles versus another that has 60% riffles that have an  EIU of 0,5;
                      how does your proposed method assess the differences in substrate availability
                      among streams?  I  cannot decipher such a mechanism for differentiation in
                      substrate availability in this (EKSP) document.

                         One of ttie most serious problems completely  missing from the EKSP is that
                      the impact on downstream areas is not addressed. The impact of the buried
                      stream network on downstream effects is not considered because clearly
                      invertebrate populations (especially, mayflies, some stoneflies and caddlsflles,
                      etc. are severely impacted downstream,  Furthermore, stream chemistry goes
                      off scale,  particularly conductivity, selenium, etc.  These effects are not
                      accounted for In ttie proposed mitigation. If you account for the long-term
                      downstream alteration of stream chemistry and impairment of the biota, why
                      shouldnt an additional temporal component of EIUs be built into the impairment
                      as was built in for the proposed  mitigation enhancement? How does the EKSP
                      propose to mitigate for long-term consequences of ttie upstream burial of
                      streams on downstream areas with respect to altered chemistry and biotic
                      impairment? Regardless of what is put forward in the executive summary and
                      the main  EIS on the draft HS on MTR/VF mining, the scientific evidence (buried
                      in the appendices) make It very dear that there are massive chemical and
                      biological impairments below valley fills. Thus, we bury a stream  with 0.2 EIU
                      units; however, in the process both downstream chemistry and biota are altered
                      to such an extent that we seriously Impair miles of downstream segments.
                      Downstream biota and chemical concentrations are being affected!  Furthermore,
                      based on all available evidence, when you bury a  stream with a value of only 0.2
                      EIU units, you are creating much worst problems  extending downstream!  For
                      example, we have converted this headwater stream with 0.2 EIU units to a valley
                      ffll with elevated conductivity, selenium, and various other problems that are now
                      going to seriously impair a much larger downstream area.  This is unaccounted
                      for in the EKSP and completely unacceptable.

                         Ecological processes in stream are generally expressed per unit area (some
                      exceptions being measures of nutrient uptake), i.e. litter inputs, productivity
MTM/VF Draft PEIS Public Comment Compendium
A-1285
Section A - Citizens

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            (both primary and secondary), etc.  There is no evidence that unit areas are
            being taken into account  Surely a stream that in 4 or 5 feet In width with the
            same EIU as one that is 1.5-2 feet in width has a different mitigation value than
            the smaller?  Per linear length of stream is simply not an acceptable unit for
            comparison among streams.  Another consideration is that studies in both N.
            America  (PA - White Clay Creek Basin) and New Zealand show that streams are
            wider in wooded  reaches than grasslands, which says many of these ecological
            processes will vary between these reaches.  See the following references:
            Sweeney, B.W. 1992. Streamside  forests and the Physical, Chemical, and Trophic
               Characteristics of Piedmont Streams in Eastern North America,  Water Science
               and Technology 26(12): 2653-2673.
            Sweeney, B, W. 1993. Effects of streamside vegetation on macroinvertebrate
               communities of White Clay Creek in eastern North America.  Proc. Acad.
               Natural Sci. Philadelphia 144:291-340.
            Davies-Colley, R. 3.1997, Stream Channels are Narrower in pasture than in
               forest. New Zealand 3. Mar, Freshwat Res. 31(5):599-608.

             What scientific justification can the COE offer for mitigating on the basis of
            length rather than wetted area of stream or better yet, bankful area of stream?
            If there is documentation  in the scientific literature to support mitigation based
            on unit length rather than area please present it with an appropriate explanation,

               A lot of faith is devoted to long-term mitigation and how it is going to have
            predictive, positive impacts on a stream being improved.  Can the authors
            cite specific long-term, scientifically based studies that show the long-
            term recovery of streams following mitigation?  Such papers need be cited
            and elaborated on extensively in this document, or a separate document
            presented that explains how they reached decisions on the temporal aspects of
            recovery.  If such data and publications cannot be produced then it cannot be
            called true mitigation. Furthermore, how are the "mitigation" gains
            going to be assessed against some unproven future condition if there
            are no studies supporting such improvements?  If such purported
            "mitigation" goes forward then long-term monitoring and scientific study needs
            to be added to the costs of mitigation and results of these monitoring and
            scientific efforts need to be placed in the public record.

               A good starting point toward assessing and evaluation of restoration projects
            would be some of the following papers:
            *Kondolf, G. M.  1995, Five elements for effective evaluation of stream
               restoration. Restoration Ecology 3:133-136
            Kondotf, G. M. 1998. Lessons learned from river restoration projects in
               California. Aquatic Conservation Narine and Freshwater Ecosystems. 8:39-52
            Kondotf, G. M. and E. R. Micheli. 1998. Evaluating stream restoration projects.
               Environmental Management 19:1-15
                      Downs, P.W., and G, M. Kondolf. 2002. Post-project appraisals in adaptive
                         management of river channel restaraeon, Environmental Management
                         29:477-496

                        In the citation marked with an asterisk * above the author identifies several
                      features required for effective evaluation, including: (1) Clear objectives; (2)
                      Baseline data (before and after); (3) Good study design to demonstrate effects
                      of restoration projects; (4) Commitment to long-term to detect any changes
                      years following mitigation; (5) Willingness to acknowledge failures,

                        In-Ueu-Fee Mitigation - could the authors provide  the data that went into the
                      professional judgment that the Louisville District came up with the value of
                      $100/linear foot of stream? I am especially curious about this value since: a) I
                      am unsure of what values went into this calculation; b) how you could derive a $
                      amount since downstream areas are going to be adversely Impacted by fills; c)
                      how do you account for streams of different widths?;  d) what sort of public
                      notices went into solicited stream mitigation projects?; and,  e) what ecosystem
                      processes or stream function studies went into these  calculations and how was
                      the final $lOO/m length of stream value reached? I am especially curious about
                      what sort of "professional judgment" was used to derive such a value.

                         I  have one final request for ttie authors and the COE.  That request  is as
                      follows: If you are going to apply such a procedure to "mitigate" for "functions
                      lost", the proposed EKSP should be submitted to a  recognized, externally peer-
                      reviewed scientific journal rather than  published as an internal COE document, I
                      hope my comments will be viewed as constructive toward improving such a
                      submission.
MTM/VF Draft PEIS Public Comment Compendium
A-1286
Section A - Citizens

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Patty Wallace
                                                                                              David Walters
                                                                                                                                December 31,2003
        Dear Mr.  Forren,
                                                                                                1-9
                         Mr. John Formn, US EPA (3ES30)
                         1650 Arch Street
                         Philadelphia, PA 19103

                         Comments on Dtaft EB onMTR

                         Dear Mr. Forren:

                         The recommendations made in the draft Environmental Impact Statement on MTR are
                         UNACCEPTABLE, The recominendailioas do .not fiMfl &e stated purpose of flie study.'
                         which  is to "miniffiize, to the maximum extent practicably the adverse environmental
                         effects.... by mount-.antnp mining operations..... and excess spoil disposal*.  This cannot
                         be achieved by "coordinating", "evaluating* and "continuing".

                         The study itself documents very valuable information including very significant adverse
                         aavitoHmental effects ilxnn tMs mining practice. It is simply a shame that ths data from
                         the  study was  ignored to ftnuulaJini ifas  iwonnnatditiom.  Nbt only do the
                         recommeadstioM EOt meet tke objective 3iey sctu^ly go  agsemst &e objectives by
                         weakening already inadequate policy (byettainsting the "buffer zone", "refining* the
                         definition of fill, and issuing general permits).

                         The recomtnend&tioss tugst be i^*wtittgii sod must i&ctuds haid policy to significantly
                                                                                                                                recoDiinendafions  most include hard policies tad guidelines that require proper
                                                                                                                                reclamation,  mitigation,  enforcement and  a mechanism  for continuous practice
                                                                                                                                improvement

                                                                                                                                Please  do  what  is  right -  economically,  socially  and  morally.   Re-write the
                                                                                                                                recotsmfiodatiGBs and use this opportunity to tsafee tlsiags better.  The cost of these
                                                                                                                                improvements now will be a small fraction of the cost to our society in the ftrtare if
                                                                                                                                current practices are continued.

                                                                                                                                Sincerely,

                                                                                                                                David W, Walters
                                                                                                                                Beverly J. Walters
                                                                                                                                Casey D.IUdns
                                                                                                                                Robert J. Rains
                                                                                                                                                                                                               1-5
                                                                                                                                       ti, OMo
                                                                                                                                Snowshoe, West Virginia
MTM/VF Draft PEIS Public Comment Compendium
A-1287
Section A  - Citizens

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Richard Walters
                                                                                                                                                                  Barbara Walton
    Richards. Walters
  204 South Plerpont Road
MoiBanJown,vW2es08-4150
                                                                                                                                                      ,R]~C'DJA!f032ii£
                                                                                         itu n  r  "~
                                                                                        J«N u  5 21X4
                                                                        Fax 304 594-2290 (press *S1)
                                                                          Home Phone 304 594-2290
                                                                        email rews.'teisgadelphia.nct
                                                                   January 02,2004


Mr. John Forren
U.S. Environmental Protection Agency (3BA30)
1650 Arch Street
Philadelphia, PA 19103

R«: EIS for Moantaintop Removal

Dear Mr. Forren:

       I wish to register my concetti about the Environmental Impact Statement recently
prepared concerntag moantaintop removal practices to West Virginia and other Eastern states.

       Although the report identifies significant negative impact! to the environment, it also
rejects, for no substantiated reasons, any proposals which would reduce these impacts.  While
stating there is not enough "science" to support options to protect the environment, tile report
ignores the many studies of stream impact, increased flooding, and wildlife disruption which
occur with valley fills. 'Jlie law requires that mined lands be returned to their original
configurations as much as possible, and the current practice totally ignores this stipulation.

       Please do not be part of the current administration's cause to weaken our environmental
laws by declarations that they are beimg "clarified*' whan in fact they are being circumvented in
order to allow mining and industry to adversely aSeet the environment. The rules and laws now
in place provide more than adequate allowances for industry to function. Please enforce them.
                                                                            Sincerely,
              cc:   . Senator Robert Byrd
                    Senator Jay Rockefetor
                                                                                                  1-10
                                                                                                                                         85 N. Claymore tane
                                                                                                                                         Oak Ridge, TN 37830
                                                                                                                                         January 5,2004
                                                                                        John Forrea
                                                                                        U. S.EPA(3EA30)
                                                                                        1650 Arch Street
                                                                                        Philadelphia, PA 19103

                                                                                        Subject: Mountatotop MSatagATaHey Fib (MIM/VT) m Appafaehia Draft Programmatic EIS
                                                                                              The subjlxtdocunicri is help&Im attempting to UttieistrrndtlK difficult and complex legai
                                                                                        and jm-isdictional situation. I was to be frank, disappointed that none of the alternatives fully
                                                                                        addressed the foil impact of seen mining to the environment, especially water and air.

                                                                                              I can agree that the prelerred alternative may be the best of those shidied in the long temi
                                                                                        and an improvement from current proctdural practice. But until the ADO) protections can be
                                                                                        put in place, the presumption should be for IP because of potentially drastic consequences, A
                                                                                        fill EIS should be required t>r any action that has tie potential to intact public water supp^ or
                                                                                        safety. The record is onh/ too IbB of misuse and dire impact on comiHuntties resulting &om&3ure
                                                                                        of VF retention systems and inadequate buffer areas. The value of clean water is more important
                                                                                        than cheap coal and even jobs!  The public needs direct and timely input on a case by case basis.
                                                                                        This would avoid many lawsuits.

                                                                                              Therefore, 1 recommend a modified Altoraattve 2 wfeich presumes Individual Permit
                                                                                        (IP) and requires n full EIS OB any action with potential public  impact. When ADID is fully
                                                                                        implemented, tub could be changed  if the public and bed government are satisfied flat ADS) is
                                                                                        workmg and is sufficient ibr their protection.  This includes education of the pubHc fa both ADID
                                                                                        and the revised process. I estimate that, mlh adequate fimding and  cooperation, this could not be
                                                                                        accomplished before at least 10 years.
                                                                                                                                         Thank you 6r this opportuntty to comment
                                                                                                                                                                              Sincerely,
                                                                            RichardE. Walters
                                                                                                                                                                                                                        1-3
                                                                                                                                                                                                                        1-6
                                                                                                                                                                             Barbara A. Walton
MTM/VF Draft PEIS Public Comment Compendium
                                                                  A-1288
                                                                                                                                                                                          Section A - Citizens

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Rufas Wanning
                                                                                         Kenneth Warren
         	Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:42 PM	


                      "rufuswanmiig@hyp
                      emetcom"         To;    R3 Mountaintop@EPA
                      
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Holly Watkins
                                                                                                                                                   Glee Webb
 Holly  Watkins
 Date:  1/05/2004
 City:  Charleston    State:
WV   Zip:
 I write to you as a. native of West Virginia who is very much concerned with the future of
 the state's incomparable landscape and ecology, la deciding on an alternative to current
 mountaintop removal practices, 1 urge you to choose the alternative which entails the
 most thorough review of environmental consequences on a ease-by-case basis and the
 most engaged cooperation with the public, It seems to me that this is Alternative 1
 proposed in the study, I fear that streamlining the permit process will only lead to further
 environmental tragedy in the state of West Virginia. A commitment to preserving
 biological diversity and clean streams should win out over the coal companies' Hunger for
 profits; those companies should find ways of removing coal that pose less rf a threat to
 our invaluable terrain.
                                                         1-2
                                                                                                          Mr. John Forren, US EPA (BS30)
                                                                                                          1650 Arch Street
                                                                                                          Philadelphia, Pa 19103

                                                                                                          Re: Mountatotop Removal-West Virginia

                                                                                                          Dear Mr. Forren:
                                                                                                                                        RECEIVED
                                                                                                                                          JUL 21ZHB
                                                                                                                                   July 17,2003
\ do not live in West Virginia, however, I was born, raised and attended High School in
Raleigh County and lived there niy young adult life.

My fcther, uncles and many other ftmily members were Coal Miners during the 1940's,
1950*s and 19<50's all along the Coal River area and many of my family continues to live
in that area.

I recently visited my brother ta Naotna, West Virginia and had the opportunity to see and
experience same of the area that is being mined by using the Mountaintop Removal
process. This system is extremely damaging and harmful to both the beauty and the
landscape of this beautiful state. It is also harmful to the drinking water, plant life and
animal life in addition to the many problems it will create for families who have lived in
these mountains for generations, tt will continue to destroy many families and their
property and their way of life.

I encourage you to use ai of your authority and the powers of the EPA to put an end to
this type of coal mining, not only in West Virginia, but also everywhere.

I realize that the Coal Mining Industry is important to the United States of America and a
tremendous source of energy but there are many other methods of mining coal other than
the Mountatatop Removal method.  For years and years other methods were used when I
was growing up in the Mountains of West Virginia and I believe the Coal Mining
Industry can return to some of those methods.

The Mountafatop Removal method is appalling and ft borders on the edge of being
criminal and I again encourage you and your office to do everything within your power to
put an end to this destruction of these beautiful mountains and the families who live
there.

Sincerely,
10-6-2
9-3-2
10-2-2
                                                                                                                                                        1-9
                                                                                                         C. Lee Webb
                                                                                                         4066 Snowshoe Lane
                                                                                                         Reno, Nv. 89502
                                                                                                         Telephone (775-827-1092)
MTM/VF Draft PEIS Public Comment Compendium
                                                              A-1290
                                                             Section A - Citizens

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Robert Welkle
                                                                                   Eric Wessels
                                                                                    1-11
                  — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:48 PM -—

                             Eric Wessels
                                         cc:
                                         Subject: Mountain lop Removal Through Mining
                             01/06/200411:46
                             AM
                             Please respond to
                             ewessels
                                                                                                            lliere are any number of reasons to limit the mining practice of mountain
                                                                                                            lop removal. I'm sure that within the industry there is a more
                                                                                                            sensitive name for this mining practice, but that does aot change the
                                                                                                            net result.  Destruction of streams and communities must stop. As Irecall from newspaper
                                                                                                            articles, there are also ait quality issues.  The
                                                                                                            easiest and most economical method of mining from a cost perspective
                                                                                                            must be tempered with the itrpact on people and the environment, We have
                                                                                                            obligations other than to share holders and CEO's.
                                                                                                            Eric Wessels, Project Manager
                                                                                                            JEFFREY MORGAN ARCHITECTURE. STUDIO
                                                                                                            522 E. Grand Avenue, Suite 201
                                                                                                            Des Moines, Iowa 50309
                                                                                                            515.282.8500 tele
                                                                                                            515.282.8506 fax
                                                                                                            515.371,8537 cell
                                                                                                            ewessels@jmas.net
                                                                                             1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1291
Section A - Citizens

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JulyaWestfall
                                                 Marian Weston
                                                    1-10
                                                                                      ""
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               /f    •    Af df4**#*~*
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                                                                                                                 1-10
                                                                                                                 1-9
MTM/VF Draft PEIS Public Comment Compendium
A-1292
Section A - Citizens

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Julia Whiteker
                                                                                             Gregory Wilcox
              JuHa WMteke
                           A
                           .net>            cc;
                                          Subject: Mt top removal is wrong for all of us.
                           08/14/03 07:46 PM
                      — Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:58 PM -—

                                 gwikox@buncotrtbc.
                                 main.nc.us        To:    R3 MountaintopffiiEPA
                                              ec:
                                 01/06/200405:52     Subject: Have you lost your head?
                                 PM
              If you visit a mining site here in WV, or fly over the southern part of
              the state, you will see what 1 mean. No amount of coal is worth this
              destruction.  It's liJke a war £oiie. Jobs and energy are important, but
              we can find other jobs for our people and other sources of energy; we
              are a smart, resourceful people. We cannot, however, fix the mess
              caused by the strip mining and dumping of tons of dirt in beautiful
              streams. Please protect our mountains and stop the coal companies from
              removing mountain tops in  WV.
              Thank you,
              fuEa Whiteker
              835 Spring Rd.
              Charleston, WV 25314
              304-346-7255
1-9
Project Manager Joint Forrcn
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103

Dear Project Manager Forren,

Mountains are living things. Removing mountaintops is similar to beheading animals or people.
It produces a nonfunetioning system. If you want to decapitate something, how about talcing
down all the power company smokestacks and replaing them with
renewable energy sources?

I find it unconscionable that the Bush administration plans to continue to let coal companies
destroy Appalaehia 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 mounteintop
removal coal mining, the environmental effects of mountaifltop removal are widespread.
devastating, and permanent. Yet the draft EIS proposes BO 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, aid no safeguards for the eornmuttilies of people  that depend on the
region's natural resources for themselves and future generations.

Remarkably, tte Bush administration's "preferred alternative" for addressing the enormous
problems caused by mountaintop removal co«l mining is to weaken existing environmental
protections. The draft EIS proposes streamlinimg the permitting process, allowing mountaiatop
removal and associated valley fills to continue at an accelerated rate. The draft EIS also suggests
doing away with a surface mining rule that makes it
illegal for mining activities to disturb areas within 100 feet of streams unless it can be proven
that strains will not be harmed. 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

- direct impacts to streams would be greatly lessened by reducing the size of the valley fills
where mining wastes are dumped oa top of streams
                                                                                                          1-9
                                                                                                                                                                                                 1-5
                                                                                                                                                                                                1-10
MTM/VF Draft PE1S Public Comment Compendium
         A-1293
                                                                   Section A - Citizens

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                                                                                                                                                                            Rachel Williams
    - the total of past, present and estimated future forest losses is L4 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 improves and unlikely,
    there will be a drastically different ecosystem from pre-mining 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

    The Bush admimsf ration's "preferred alternative1' ignores these and hundreds of other scientific
    facts contained in the EIS studies. In light of these facts, the Bush administration tnust consider
    alternatives that reduce the environmental impacts of
    mountainlop removal and then implement measures to protect natural resources and communities
    in Appalachia, such as restrictions on the size of valley fills to reduce the
    destruction of streams, forests, wildlife and communities.

    Sincerely.

    Gregory Wilcox
    31 Overlook Drive
    Candler, North Carolina 28715-9260
    Representative Charles Taylor
    President George W. Bush
    Vice President Richard Cheney
    Senator Elizabeth Dole
    Senator John Edwards
1-7
Delivered Date: 01/06/2004 12:57:14 PM

I:think:that.your entire;regulations areajoke. The US does not need this
coal, and there-are'MUCH'better ways of getting the coal 'we/nee d'with MUCH less
destruction, I am.so angered atthe habitat destruction cause by the mining.
The Bush administration is really 'failing the people of the United States on
this subject, as well as the people that lite in the states where the
moyntaiittop mining: takes places The replacement of spine of the United States
most beautiful forests with grass.lanls is a tragedy.  I have been happy with
President Bush on many ofMs policies, as a democrat, I was even considering
voting 'for him for his second term,.but after learning about this terrible
terribte repilation policy I will hove to think again,.

Rachel'Williams
Dept of Plant Biology
College -of- Natural Science
Michigan State "University
                                                                                                       1-9
MTM/VF Draft PEIS Public Comment Compendium
       A-1294
                                                                  Section A - Citizens

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Susan Williams
                                                                                                            »:0» PAX 282 288 7546
                                                                                                                                       OS1PA TOHANDS BIV
     	Forwarded by David Rider/R3/USEPA/US on 01/07/2004 03:32 PM -—

                 hartwifl@charter.
                  net             To:    R3 Mountaintop@EPA
                                cc:
                  01/05/200407:57
                  PM
Subject: stop mountain top remom
     I wrote a letter earlier. But once again, I am asking you to protect our mountains, not
     destroy them. I hope you will make the right decision.

     All good wishes,

     Susan Williams
     Box 8
     Chariton Heights, West Virginia, 25040.
                                           1-9
                                                                                                                                                                 'D fEB 12281*
Box 8
Charlton Heights. W.Va.
25040
Oct. 1,2003
                                                                     Bnviromnental Protection Agency
                                                                   .  ArielRiosBuilfing . .	  ..     -     „.-  ..          . ..
                                                                     1200 Pennsylvania Aveane, NW.
                                                                     WisWngton, 0.C.
                                                                     20460

                                                                     Dear Staff Members,                 .  .
                                                                           I want to add my voice to those opposing Bush administration proposals to stream
                                                               nine (he permit process for coal operations or any step that supports roountaintop removal mining.
                                                                           I am opposed to any inoimtaintop removal mining.
                                                                           I hope your agency will 
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Suzanne Williams
                                                                                                      Waimea Williams
                	Forwarded by David Rider/R3/USEPA/US on 01/09/200402:51 PM --


                           Suzie Williams
                           < foxnick@gte.net>     To:    R3 Mountaintop@EPA
                                         cc:
                           01/04/200407:24     Subject:  Mountaintop removal mining
                           PM


                Mr. John Forreti
                Project Manager
                US Emnronmental Protection Agency (3E.A30)


                Dear Mr. Forren,


                I have been at the site of rnountaiatop removal in West
                Virginia....amidst the  building-size equipment which was scarping the
                top ol the mountain.  It is not a pretty sight  I have also seen the
                devastation to the streams, to the proper!? ol the people who live below
                ....arid many have clone  so for generations,


                The effects of moimtamtop removal are widespread, devastating arid
                permanent I find it unconscionable that die draft EIS proposes no
                restrictions on the size of valley fills that bury streams, no limits art
                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,


                I urge you to amend the EPA's draft Environmental Impact Statement to
                limit the effects of harmful mountain top removal mining.


                Sincerely,


                Suzanne H. Williams
                8 rockwell Avc. S.
                Savannah, GA 31419
                                                                                                                            — Forwarded by David RWerVR3AJSEPAAJS on 01/08/2004 0158 PM -~»
1-5
                                                               To:    R3 MountairtopgEPA
                                                   12/22000312:18    co:
                                                   PM            Subject: Comments on draft progran
                                        removal coal mining
                                                       natic EIS on mountaintop
Mr. John Farren
U.S. EPA (3EA30)
1650 Arch Street
Philadelphia, PA 19103

Dear Mr. Forren,

Mountaintop removal mining is a heart-breaking and even immoral
activity. Our splendid oounfry was not meant for this drastic
kind of exploitation. I find it unconscionable that the Bush
administration plans to continue to let coal companies destroy
Appalachta by leveling mountaintops, wiping out forests, burying
streams, and destroying communities.
Their own  EIS statement details tnsse devastating effects. There
is no justification for Ms kind of rapacious development.
                                        Sincerely,

                                        Waimea Williams
                                        Box 1064
                                        47-004 c Okana PI.
                                        Kaneohe, Hawaii 96744

                                        cc:
                                        Senator Daniel Irrouye
                                        Senator Daniel Akaka
                                        Representative Ed Case
                                                                                                  1-9
MTM/VF Draft PEIS Public Comment Compendium
                A-1296
                                                            Section A - Citizens

-------
Sara Wilts
                                                                                                         Vickie Wolfe
                                                              HEC'DUECZS;
                                                           PO Box 184
                                                           Brueeton Mills, VW
                                                           Deo 23,2003

            John Forren
            US EPA (3EA30)
            1660 Arch Ave.
            Philadelphia, PA 19103

            Greetings;

                  I would like to comment on the Mountatntep Removal Environmental Impact Study, It seems to
            me that although the study found that serious environmental harm results from this type of mining, it
            doesn't make any attempt to lessen the damage, but instead, proposes to make it easier for coal batons
            to destroy our stats.

                  Although the NAME of your agency Is environmental PROTECTION agency, the proposals in this
            study do nothing to protect the environment As Judge Haden noted, burying! a stream destroys It, and all
            the life that once was abl« to survive In ths sfream, A barren pit of rooks, which is what remains after
            taking out the coal, Is not a replacement for ths termt that ones teamed with life of many kinds.

                  I am opposed to mountaintop removal mining. Just because It is possible to do this incredible
            amount of desfructlon doesn't mean that it is ethical to do so.
1-9
                           	forwarded by D»«d Rider/R3/USEPA/US on 01/3/2004 09:42 AM —-


                                       "Wolfc.Vickie"
                                                  cc:
                                                     Subject:
                                       01/21/200408:48
                                       AM


                           As a West Virginia resident, I am disappointed that me stud)' proposes no new concrete restrictions
                           on mountaintop removal permits. I am stringently opposed to the Btish administration's proposal
                           to streamline the permitting process for coa) companies, Mountaintop removal is incredibly
                           destructive and short-sighted.


                           Vickie Wolfe
                                                                                          1-5
Vickie Wolfe, Ph.D.
University of Charleston
Environmental Science Program
2300 MscCorkle ATO., SB
Charleston, WV 25304
PHONE:  (104)357-4812
FAX:    (304) 357-4940
e-mait:    VEkiewolfe@ucwv.edu
                                                           Sincerely,,
                                                            jXLtA)ii
                                                           Sara Wilts
MTM/VF Draft PEIS Public Comment Compendium
          A-1297
                                                                      Section A - Citizens

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Doug Wood
                     Doug Wood's continents on the mount aim op mining EIS
                                         .January 6, 2004

               I have read the draft EIS of President Bush's and I find that the preferred
        alternative inadequately protects aquatic and terrestrial resources that are important
        ecological and economical components in the region of mouniaiatop mining.  It appears
        as though the findings of scientific inquiry into the impacts of mountaintop mining on the
        region's ecology and human environment were nearly ignored by developers of the
        various alternatives presented in the draft EIS.  According to the EIS, the environmental
        effects of mountaintop mining are extensive, devastating, and permanent.  Both aquatic
        and terrestrial environments are severely degraded by the practice. Local communities
        suffer short term and long term negative economic impacts.

               No effort is made to return the forested mountains to their former biologically
        diverse, human (supportive pre-miniag condition.  Mountain forests that once supported
        timber production industries, subsistence hunting, herbal medicine, bait fishery
        businesses, and wild fruit and nut gathering, are being converted to grasslands that
        support none of these activities that formerly enriched the lives of humans in diverse
        mountain communities. Post-mining soils are severely limited in their abilities to support
        diverse temperate forests.  This conversion of the mi ne site environment does not meet
        the requirement of the Surface Mining Control Act and amendments to return the site to
        former status or lo a higher use. Neither the former productive forest, nor any higher use
        is supported by the transformed landscape.

               President Bush and his administration appear to be intent on allowing the
        degradation of our southern Appalachian Mountains (both cultural and natural
        environments therein) with this mining practice that flattens mountaintops. removes
        forests, destroys forest soils (so that  future restoration is impossible), buries streams, and
        destroys communities, both physically and socially. Tins short-sighted effort  leaves a
        grim future for return to normalcy after the mining companies have cut and run.

               Before the development of today's superior blasting technology and powerful
        earth moving machinery, the surface mine industry was the most environmentally
        destructive force in southern Appalachia.  At that time the industry's most destructive
        legacies were perpetual acid mine drainage and numerous narrow strips of deforested
        mountainside. The narrow strips have the potential  to be seeded by surrounding forests,
        and indeed some few of them have seceded to forests not too dissimilar to the original
        forests. However, most strips have taken decades to reforest and they usually act as
        corridors for invasive alien plant species.  How much more so do the multi thousand-acre
        mountaintop mines now threaten to harbor invasive alien  species seed sources for further
        degradation of the surrounding forestlands?

               The threat to remaining forests is significant, yet given little treatment in the draft
        KIS. What little is said, reveals much. For instance, the draft EIS found that (1) forest
        losses in West Virginia have the potential of directly impacting as many as 244 vertebrate
        wildlife species (mostly negative impacts), (2) a drastically different ecosystem frompre»
7-5-2
7-1-2
mining forest conditions will exist for generations, if not thousands of years even if
har
-------
                                                                                                                                                                                     Ivan & Jean Woods
                                                                                                                                                                  f?f=C'D  A06 ! I
        better match the original forests (to include canopy, shrub, Sc ground layers), and (9) a
        requirement that mining companies control invasive alien plant species in the first 5 years
        after mining (or longer if studies show it is necessary for the restoration of original
        forest).

               The final EIS should incorporate research by experienced biologists, ecologists,
        anthropologists, and sociologists who are recognized experts in their fields.  The EIS
        should provide alternatives that better reflect the scientific findings presented in the
        report.  The final EIS need not  address issues of the expediency of the permitting process.
        but it must address the issue of minimizing the negative environmental impacts of
        mountaintop ruining. It should also address the future impacts of moumtaintop mining on
        the cultures that must dwell in the wake of this nonrenewable, unsustainable energy
        industry.

              Thanks again for the chance to comment.
                                           Sincerely,

                                          Doug Wood
                                          P.O. Box 24
                                       Nitro, WV 25143
  1-8
  1-5
10-2-2
Mountain Top Removal nay be beneacisl to some tot not to all. There has been progress made in Perry

rcaiiitylxKa-.isocfXfrRbutM what«ije!;N;!OK>meofi(scifeffn3atid utttemtaBntat?

Has any care been grvijn to those rxxjpie who are being forced from their honies for the sake

nf eqart fhir lym^ anfl pmpprty l«»ttl»«i hnn^mnd mtfd «fet time* wUxan star claim flam a

          y until it was wanted for mining.
                                                                                                             10-2-2
                             WasHag ty the ooal operate!!, na healthy dust In Che air, raHttasinaied tome water supplies,
                             TEKS and \aluabIetopsoiluowbyattliebcittOEiofalandfillcaasalbyMnL Our local wiUlifc

                             habitat is s3i4niingei-ery day bccaiij-seafMTR. Flat land is being made for grotvfli? How-much

                             of it is asabie'Very little in comparison to what is already here. If we want to live in flat coantry
                                                                              |  16-1-2
                                                                              I  15-1-2

                                                                              |  7-5-2
                                                                              1  7-6-2
                                                                                10-3-2
                             Give us our hnmcsairitlKmmnteins that IM love... We wonder liowMaj-orGormariwijuld
                                                                                                                      coat there!
                                                                                                                                                Ivaxt and Jean Wtxxls
MTMA/F Draft PEIS Public Comment Compendium
          A-1299
                                                                                                                                                                                      Section A - Citizens

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Tanya Woods
                                                                                          Anne Woodbury
   	Forwarded by David Rider/RMJSEPA/US on 01/08/2004 01:48 PM -—

              Tanya Woods
                       cc:
                            Subject: Comment & Protest: Draft E1S on Mountaitttop Mining
   In Appalachia
              01/»)6/2004 03:57 PM
   2004
                                                                          January 6,
   U.S. Environmental Protection Agency
   Philadelphia, Pennsylvania

   RE: Draft Environmental Impact Statement on Mountaintop Mining In Appalachia.
   We have discovered as of September 05, 2003, that the tJ.S. Environmental Protection Agency
   investigators, in a preliminary probe, have found "high levels of noncoitipliance" with fill permit
   requirements. Nearly 275 mining operations may have buried streams without the proper Clean
   Water Act permits, government regulators found.

   This is an incredible situation. It indicates that both State and Federal agencies have been
   overlooking the serious situation prevailing in Appalachia.  Our nation must protect our lands
   and waterways. When they are destroyed, the damage is essentially permanent and will be a
   penalty for thousands of years to come.

   Will  E.P.A. take some action to fulfill its responsibilities? Can the draft Environmental Impact
   Statement be drastically revised to protect all our streams, or will E.P.A. carry the reputation of
   an agency that ignores the facts and the future?

   We visit Appalachia on a regular basis, having been raised there, with much of our families still
   residing in  that area. We want to go home regularly and retire there, under safe and clean
   conditions.

   Now is the  time to formulate new sound rules for the protection of all our lands and streams.

   Tanya and Jim Woods
   1206 Evergreen Road
   Wilmington, Delaware 19803
                                           FEC-DDEC242W
                                                              —
                             OS
7-2-2
                                                                                                      1-10
MTMA/F Draft PEIS Public Comment Compendium
        A-1300
Section A - Citizens

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Nancy Woodward
                                                                                                              Daniel Wright
                                                                                                                                                               REQ'D
Forwarded to/ David Rider/R3AJSEPA/US on 01/06/2004 03:55 PM —-

          Nancy Hyden
          Woodward        To:   R3 Mountaintop^EPA
                    Subject; Comments on draft EiS on rnountBintop removal
             mining
                        01/02/200407:37
                        PU
             January 2, 2004

             Mr. John Forren
             U-S, Environmental Protection Agency
             1650 Arch Street
             Philadelphia, PA 19103

             Dear John Forren,

             I am disgusted that your department would support the EIS and see
             nothing wrong in removing more mountaintops at the epxense on the
             natural life and surroundings communities.
             Sincerely,

             Nancy Hyden Woodward
             54 Glade Road
             East Hampton, NY 11937
             USA
1-9
                                                                                                                                                                             Aug. 12,2003
                                        Mr. John Porno, US EPA

                                        1650 Arch Street

                                        Philadelphia, PA 19130
                                                                                                   Dear Mr. Forren,

                                                                                                         Mountaintop Removal should be stopped NOW! Them are other ways to get the coal.

                                                                                                         Mountaintop Removal destroys streams, contaminates drinking water, causes flooding,

                                                                                                   makes moonscapes out of We beauHfal Appalachian Mountains- some of the world's oldest

                                                                                                   mountains, causes blasting damage to residents homes, 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 jabs and is

                                                                                                   environmentality insane.



                                                                                                   Daniel Wright

                                                                                                   TO Box 100

                                                                                                   PK.WV 25904
                                                                                                                                                                                                1-9
                                                                                                                      10-7-2
MTM/VF Draft PEIS Public Comment Compendium
                       A-1301
                                                                                                                                                                               Section A - Citizens

-------
MingjaneWu
                                                                                                Bryan Wyberg
          —- Forwarded by David Rider/R3/USEPA/US on 01/08/2004 01:59 PM	

                        "diree_square@hot
                        msiil.com"          To:     R3 Moimtaintop@EPA
                        <~t:hree_s       cc:
                                                      Subject: DEIS Comments; NO MoimUimtop Removal Mining
                                         01/03/200405:49
                                         PM
January 3, 2004

Mr. John Forren
U,S, Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103

Dear John Forren,

1 am writing to express my extreme disappointment with the continuing
assault pursued by the Bush Administration against any semblance of a
balanced environmental protection policy. After renewing the
administration's draft Environmental Impact Statement (EIS) on
mountamtop removal coal mining, I would like to suggest that your
agency could al least be honest with the American people., and change its
name from the Environmental Protection Agency (EPA), to the Agency of
Industry's Dreams (AID), as in Campaign Donor aid.  It is clear there is
no room for anything even approaching the semblance of protection of our
nation's citizens and their environment.

! am now  upset to kam that the Bush administration plans to continue
to let eoa!  companies practice  the horribly destructive practices known
as mountain-top mining. These attrociaus practices destroy Appakerm
by leveling mountaJntops, wiping out forests, burying streams, and
destroy communities.
                                                                                                1-9
                             Arrordmgto the administration's DEIS, the environmental effrcts of
                             mountamtop removal are widespread, devastating, and permanent. Yet the
                             DEIS then proposes no restrictions on the size of valley fills that bury
                             streams, no linnts on the number of acres of forest that can be
                             destroyed, no protections for imperiled wildlife, and no safeguards for
                             the local commiinities that depend on the region's .natural resources for
                             themselves and fature generations. HOW IS IT POSSIBLE THAT THERE BE NO
                             CONTROLS OR LIMITS! How completely cynical that you document the
                             extensive dan'Miges, but then simply ignore those findings to do nothing
                             about it!

                             I expect my government to address problems, ameliorate damages, and
                             provide for the general welfare of its citizens.  Instead, we get the
                             EPA giving the green light to any behavior desired by its industry
                                                                                                                                                                                            1-5
MTM/VF Draft PEIS Public Comment Compendium
         A-1302
                                                            Section A - Citizens

-------
                                                                                                                                                                                                 Eleanor Yackel
           friends, stmpiy because they are Bush Administration campaign donors.

           The Bush administration's "preferred alternative" for addressing the
           problems caused by mountain top removal coal mining is to weaken existing
           environmental protections. This "preferred alternative" ignores the
           administration's own studies detailing the devastation caused by
           rnountaintop removal coal mining, including

           - over 1200 miles of streams have been damaged or destroyed by
           rnouti tarn top removal;

           - torest. losses in West Virginia  have the potential of directly
           impacting as many as 244 vertebrate wildlife species;

           •• Without new limits on mounts tntop removal, an additional  350 square
           miles of mountains,, streams, arid forests will be flattened and destroyed
           by HiGUntajiitop removal mtiling.

           In light, of these facts, I urge you to consider: alternatives that reduce
           die environmental impacts ol mountamiop removal.

           Thank you for your reconsideration of how to address this very important
           issue. You must do better to protect the interests of future
           generations of Americans.

           Sincerely,

           Bryan Wyberg
           12854 Raven Street NW
           Coon Rapids, MN 55448
           USA
                                 yackel
1-5
                                      PSNS& MN S6014
                                                                                                            JAM 20,
Jan 15,2004

Mr. JohnForrea
U.S, Environmental Protection Agency
1650 Arch St
PhUadelpMaPA 19103

Bear Mr. Forren,
      We are very concerned to learn that the Administration plans to let coal
companies continue mining practices that level mour.taintops and all the other
devastating practices of the past
      We urge you to work for alternatives to these high-impact mining practice* that
destroy communities.

Loofcfag forward to your response.
   ,'          ^       -•    \~\
                                                                                                                  1-9
                                          Eleanor Yackel
                                          Citizens concerned for our envHOnment
MTM/VF Draft PEIS Public Comment Compendium
               A-1303
                                                           Section A - Citizens

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Lynn & Chess Yellott
                                                                Geoffrey Young
                                                                                                                             218
                ENTRANCE TO THB VILLAGE OP
                Claude Monet, i^ach, 1840-1926     ~
                                ~~
                                                                                                                                               1-5
                                                             1-9
                                               ,,1,1,1
                                                                                                                                        v
                                                                                                         fry
MTMA/F Draft PEIS Public Comment Compendium
A-1304
Section A - Citizens

-------
                                                                                                                                       Walter Young
           :,    K
total//   fw
                  Ait
                                     of- -^  3  4 '/"•*-" 1 i^V
-------
MaryYunker
                                                                                  David Zeff
                                                                                                        —- Forwarded by David Rider/R3/USEPA/US on 01/08/200401:59 PM	
                                                                                                                    "zefflawl@aol.com
                                                                                                                    " 
-------
Carol Zeigler
                                                                                           4 a*
January 2,2004

Carol Zeiglcr
284 Soda Springs Court
SpringvJlIfl,CA93265

Mr. John Forren
U,S.BPA(3EA3G)
1650 Arch St.
Philadelphia, FA 19103

Dear Mr. Fortes,

I am confiised. Why did you spend thousands of dollars and take moaths of your employees' time to research
and prepare an sovifiaomestal krrpact statement if you don't even take its findings into consideration when you
draft yoar alternatives? The immediate and long-term ecvHosmental affects of Mountaisiop Removal coal
miamg ate severe and ifreversJbie, according to recently released studies accompraayiag yoar draft
Environmestai Impact Statement (draft EtS), So why do you rscomaiend we coatiaue and evea expand this
destruction process?

Moimtaiatop removal generates huge aiaoimts of waste. While the solid waste becomes valley fills, liquid waste
is stared in massive coal slurry irajKju&dme&tB, often built ia the headwaters of a watershed. The starry contains
carcinogenic chemicals used in the washing process and coal fiaes (small particles) laden with all the
compounds found in cod, iacludisg toxic heavy metals such as arsenic and mercury. Spills are cosmtoa. Gae
"spill" of 306 mfllioa gallons that se&t sfeidge ap to fifteen fbet thick Into resident's yards and fouled 75 miles of
waterways, has been called the southeast's worst emdrosameutal disaster. And you wish to expand this practice?

More than 1200 miles of steams — the distance between Boston sad St. Louis — have been buried or degraded
and hundreds of square esiles of fofesi&d isountaiss virtually flattened by this extremely destructive coining
practice where the tops of mountains are literally olowm off to expose seams of coal Streams are smothered by
the millions of tons of waste rook aad debris produced by moantaiatop removal. One hundred thousand acres of
wildlife habitat have oees destroyed. And generatioos-old communities have been aad continue to be ilorced to
move from their homes because of moaittaistop rEmoval coal miiiiag. You want tins to coatiaiie?

The dtaft HIS was supposed to recommend limits on the eavimnmaiitaJi impacts of moaataia^p removal. Yet
you want to allow mountaiutop removal to coutiaac and make it easier for cod mining companies to get permits
for this form of jasalng, I*he report Mentifies three possible alternatives that it ckaas wouM improve
mviroameatai proteSioa. AH tihK^ of these alternatives would do away with a 25- year-old rale that says
miaing impacts c&anat come within 100 fee* of streams. I would hope fee administration would consider
alternatives that would limit this harmful mining practice and its devaSMtiag effects, rafter thaa encouraguig it

Please honor your duty as a public servant and provide alternatives feat limit the eayiraamental impacts of
mountaiatop removal,

Sincerely,
                                                                                                             1-9
                                                                                                             1-5
          Carol Zeigler
MTMA/F Draft PEIS Public Comment Compendium
                                                                                                            A-1307
Section A -  Citizens

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                                         Form Letters
MTM/VF Draft PEIS Public Comment Compendium                 A-1308                                 Section A - Form Letters

-------

-------
Amend the DEIS form letter—4,156 signatories
                                                         American Rivers form letter—4,227 signatories
    I strongly urge you to amend the RPA'x draft environmental impact
    statement so as to limit the effects of tmrmful mountaintop removal mining. 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.

    According to the draft EIS, the environmental effect? of mountaintop
    removal are, widespread, devastating and permanent. 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 that depend on the
    region's natural resources for themselves and future generations. Instead, the
    Busb administration's "preferred alternative" for addressing the enormous
    problems caused by mountaintop removal mining ign«<-'s the .administration's own
    studies and proposes weakening existing environmental protections and allowing
    mountaintop removal and associated valley fills to continue at an
    accelerated rate.

    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 restrictions on the size of valley fills to reduce the destruction of .streams,
    forests, wildlife and communities. I urge you to immediately amend the draft EIS accordingly.
    Sincerely,
1-5
1-10
1-7
I am opposed to any changes that would weaken the taw* and regulations that protect, our
rivers and streams framihe effects of mouataiiiiqp mining and valley nils. As a. result,.1
am opposed to eaeh of the alternatives evaluated in your May 29. 2.003 draft Environmental
Impact Statement (EIS).

Your draft EIS contains indisputable evidence of the devastating and irreversible
environmental harm caused by mouutaintQp Mining, Other .agency studies also show that
mountainlop 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 of the BIS- to find ways, to minimize^ to the maximum extent
practical, the  environmental consequences of mouutaitntop mining. The draft EIS does not
examine a single alternative-that would reduce those impacts.

Worse, your ''preferred alternative" would clearly increase the damage from mountaintop
mining by eliminating the Surface Mining Control and Reclamation Acts buffer zone rule
that prohibits rniiuiig. 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 thai are larger than 250 acres, and giving the Office of Surface Mining a
significant new role in Cl&au Water Act pernlittitig for mc^ntaintop mining (a role it does
not have under current law),

Our environmental laws requires, and the citizens of the region deserve, a full evaluation of
ways to reduce [he unacceptable impacts of mountaintop mining- I urge you  to abandon
your "preferred alternative" and to reevaiuate a. full range of options that will minimize the
enormous environmental and economic damage caused by nioutttaititop mining and valley
fills.

Thank you for your consideration*
                                                                                                                 1-10
                                                                                                                 1-5
4-2
MTM/VF Draft PEIS Public Comment Compendium
          A-1309
                                                          Section A - Form Letters

-------
Boone County form letter—46 signatories
                                                                                                                                             Community Visit form letter—14 signatories
                                                                       / -Z _ t ->-_.:
              Mr. John Forren
              U.S. EPA
              1650 Arch St.
              Philadelphia, PA 19103
                                 BEC'D  DEC 3 01803s
I am a coalfield resident in Boone County, West Virginia. I strongly oppose Mountaiotop
removal coal mining. The destruction that has set in on our communities is unbelievable,
unless you see it for yourself. The devastation is so widespread that it is not one single
mine company that is causing it, but eveMnise company. In our county alone there are
over 400 active mining permits. This is insane.  The mining arouad us has destroyed our
homeSyOur communities and our lives. The constant blasting is more stress than any one
should be expected to put up with. Knowing that this constant blasting is ripping our
homes apart is not sotneming we are going to put up with. Everyone is being pushed out
of the homes that they worKThere lives foi, homes that they have spent there lives in.
We are being pushed out of our homes by mountaintop removal mining. The floods are
more and more common and with each flood the devastation getsworse. Every time it
rains our roads are shut down this make our rescue useless to us. The mountains slide
into the roads from the blasting loosening the earth and allowing it to slip. The WV State
Department of runways and our tax dollars step in and do the necessary clean up to
make our roads passable,  Ho woader coal is so profitable, we as citizens r pick up the bill
on the devastation caused by mountaintop removal mining. Not to mention the impact on
our animals and their habitats.  The black bears are being ran out into our communities
where our children play.  Our streams are filled with rock that the mine companies pile
into these valley fills. When it rains the streams are so full of rock that the water has no
where to go but into peoples homes. Our mountains am evading with water.  These
outbreaks are coming out into people's homes, destroying everything in their path. Our
houses we being blasted off their foundation, flooded severely or the earth just opens up
and swallows them. If there is an evacuation plan we are unaware of it If there is one
will it actually be effective?
This draft environmentetl impel statement fails to document the social and cultural effect
of mountaintop removal/valley fills coal mining. Please stop the practice of mountaintop
removal coal mining and save our homeland, our children's future and very possibly our
lives.
                               Name
                               Address
,.o.   &^  .1.5.
                                             (*/1/
                               Phone #_

                               Email
                                                                                             1-9
                                                                                             10-2-2
                                                                                             1-9
                                                                                                                                             REC'D  OEC1 1 ,
                                                                                     December 12, 2003

                                                                                     John Forren, United States Eavtrotiinetftat Protection Agency
                                                                                     1650 Arch Street
                                                                                     Philadelphia, PA  19103

                                                                                     Dear Mr. Forren,

                                                                                     I am opposed to mountaintep removal mining and the Bush Administration's
                                                                                     recommendations that would expand its practice. The results of the study required by
                                                                                     Judge Hayden showed that this destructive mining practice destroys bMogtcgIFy rich
                                                                                     forests, buries streams and creeks, devastates the quality of life in mountain communities
                                                                                     and causes frequent and severe flooding.

                                                                                     Rather than ignore the study finding and existing environmental protections, the EPA
                                                                                     should live up to its name and mission. I urge the Agency to reject President Bush's
                                                                                     proposed rule changes and to protect Appalachia's environment, heritage, and
                                                                                     communities by ending mountain top removal.                                      i

                                                                                     I am sura that if you were to visit the communities that have been affected by this        |
                                                                                     practice and see the actual devastation that is left behind, you could do nothing less than
                                                                                     demand mining companies use different methods. Once a mountain, a grand and
                                                                                     beautiful gift of the earth, is gone; it is gone forever.

                                                                                     Please live up to the legacy of the EPA and protect our environment for the citizens of the
                                                                                     United States and their children.
                                                                                                                                 Sincerely,
                                                                                                                                                                                                               I-9
                                                                                     Brian K. Thornifcy
                                                                                     3496 Hurricane Creek Road
                                                                                     Wmfield.WV 25273
                                                                                                                   Cc: Robert C. Byrd
                                                                                                                        John D. Rockefeller, TV
MTM/VF Draft PEIS Public Comment Compendium
                                                                                         A-1310
                                                                                                                                            Section A - Form Letters

-------
Destruction form letter—65 signatories
                                                              Earth Justice form letter—35,743 signatories
         U.S Environmental Protection Agency John Forren
         1650 Arch Street
         Philadelphia, PA 19103
         Dear U.S Environmental Protection Agency:

         Dear Mr. Forren,

         The destruction that is caused by rjiountaintop removal mining is indisputable. I write to express
         my outrage that such a practice that
         destroys forests, leaves a barren landscape, and buries the headwaters
         of rivers essential to maintaining healthy, dynamic river system would be allowed to continue.

         The environmental impact statement  (EIS) of May 29,2003 was supposed
         To find ways to minimize the environmental consequences of mountaintop
         mining. It did not do what had bc^n promised. As a result, I am opposed
         to any changes that would weaken the laws and regulations that protect our rivers and streams
         from the effects of mountaiiitop mining and valley fills.

         Other agency studies also show that mountainlop 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 of the EIS- to find ways to minimize, to the maximum
         extent practical, the environmental  consequences of mountaintop mining.

         The draft EIS does .not examine a single alternative that would reduce
         those impacts.

         Worse, your "preferred alternative" would clearly increase the damage
         From mountaintop mining by eliminating the Surface Mining Control and
         Reclamation Act's buffer zone rule  that prohibit? 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 230 acres, and giving the Office of Surface
         Mining a significant new role in Cleat Water Act permitting for mountaintop mining (a role it
         does not have under current law).

         Our environmental laws require,  and the citizens of the region deserve,
         A full evaluation of ways to reduce the unacceptable impacts of Mountaintop mining. 1 urge you
         to abandon your "preferred  alternative"  and to reevaluate a full range of options that will
         minimize the enormous environmental and economic damage caused by mountairitop mining and
         valley fills.

         Thank you for your consideration.

         Sincerely,
   1-9
   1-10
4-2

1-5
    4-2
                              Mr, Ioha Fatten
                              U.S..EPA0EA3.0)
                              165(5 Arch Street:
                              Philadelphia, PA 19103

                              Dear Mr. Porren,
I find it unconscionable that the Bush administration plans to continue to let coa! companies
destroy Appalachia with mining practices that level mtrontamtops, wipe out forests, bury
streams, md destroy communities.

According to the administration's draft Efivirontnentat Itiip&ct Statement (BtS) on mountaintop
removal coal mining, the environmental effects of mountaintop removal are widespread,
devastating, and permanent. Yet the draft EIS proposes »o restrictions on the size of valley fills
that bury streartis, no liiiu'ts on the number of aeresS of forest that can be destroyed, no protections
for imperiled wildlife, and; ao safeguards for the communities of people that depend on the
region's natural resources -for themselves and luftjre generations,

Remarkably, the Bush adimhJstration ^"preferred alternative'* for addressing the enormous
problems caused by nioutttaiBto|> removal eoal mining is to weaken existing environmental
prot actions. 'ITie draft BIS proposes streamlining the permitting process, allowing mounlaintop
removal and associated valley fills to. continue at an accelerated rate. The draft EIS also suggests
doing away with a surface mining rule that makes it illegal for mining activities to disturb areas
within 1 00 feet of. streams unless it  can be proven that streams will not be harmed. This
"preferred alternative** ignores the adifti si station's own studies detailing the devastation caused
by niountaiiw op removal coal mining^ including;

- .over 1200 miles .of streams have been damaged or destroyed by motmtaintop removal

- direct irnr>acts to streams would be greatly lessened by reducing the size of the valley fills
where mining wastes are dumped on top of streatm

- the total of past, present and estimated future forest losses is 1.4 million acres

- forest losses in West Virginia have the potential of directly impacting as rnany:as 244
vertebrate wildlife species

- even if hardwood forests can be reestablished in mined areas, which is improver* and unlikely,
there will be a drastically different ecosystem from pre-minitig forest conditions for generations,
if not thousands
                                                                                                                    1-9
                             1 withotit new limits on moiiMtaintbp removal, an additional 350 square miles of mountains,
                             streams, and forests will be flattened and destroyed by mountaintop removal mining,
                                                                                                                    1-5
MTM/VF Draft PEIS Public Comment Compendium
           A-1311
                                                               Section A - Form Letters

-------
                                                                                                                    League of Conservation Voters form letter—25,056 signatories
     'Hie Bush administration's "preferred alternative" ignores these and hundreds of other scientific
     facts contained in the EIS studies. 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 Appalachian such as restrictions on the
     size of valley fills to reduce the destruction of streams, forests, wildlife and communities.
     Sincerely,
cc:.
Senator
Senator
Representative
1-5
                                                                                                     January 13, 2004

                                                                                                      John Eorren
                                                                                                     US EPA (3EA30)
                                                                                                     1650 Arch Street
                                                                                                     Philadelphia, PA  19103

                                                                                                     Dear Mr.
                                                                                                          We 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. According to the administration's draft Environmental
                                                                                                          Impact Statement (EIS) on mountaintop removal coal mining, the environmental effects
                                                                                                          of this practice are devastating and permanent. Yet the draft EIS proposes no. restrictions
                                                                                                          on the size of valley fills that bury streams; no. limits oh the number of acres of forest that
                                                                                                          can be; destroyed; no safeguards for imperiled -wildlife; and no safeguards for the
                                                                                                          communities that depend on me region's natural resources,,

                                                                                                          Rerriarkably, the draft, EIS states that the Bush, administration's preferred alternative for
                                                                                                          addressing the enormous problems caused by mountaintop removal coal mining is to
                                                                                                          weaken existing environmental protections. The draft BIS proposes streamlining, the
                                                                                                          permitting process, allowing mountaintop removal and associated valley fills to continue
                                                                                                          at an accelerated rate. The draft EIS also suggests eliminating a surface mining rule 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 increase, the
                                                                                                          Bush administration must consider alternatives that reduce the environmental impacts of
                                                                                                          mountaintop removal and then implement those measures to protect natural resources and
                                                                                                          communities in Appalachia, especially restrictions on the size of valley fills to reduce
                                                                                                          stream. and forest loss, These alternatives must be evaluated for individual projects:
                                                                                                          as well as regionally so that the cumulative impact of the destruction caused by
                                                                                                          mountaintop removal is addressed.

                                                                                                          Sincerely,
                                                                                                          1-9
                                                                                                         1-10
                                                                                                         1-5
MTM/VF Draft PEIS Public Comment Compendium
         A-1312
                                                                                                                                                                 Section A - Form Letters

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Oppose Change to Stream Buffer Zone Rule form letter—7,168 signatories
                                     Protect Appalachian Streams form letter—425 signatories
       Dear Mr, John Forrea EPA,

       It is unconscionable that the Bush administration, plans to continue to
       let coal companies destroy Appalachia with mining practices that level
       moutitaintops, wipe out forests and bury streams in the valleys below,
       Mountaintop removal twining and valley fills should not be allowed and
       the laws and regulations :that protect cleaii 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
       role 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 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.:
1-9
1-10
1-5
November 19, 2003

Mr. John Forren, US EPA
1650 Arch Street
Philadelphia, PA
19101
Dear Mr, Korren,

It is imperative that you protect Appalachian streams from the pollution caused by         5-5-2
nipuntiiintorj mining.

More people visit the Appalachians and the Great Smokies than, any other             I ^ *" '"•*•
Natural place in America, It is only fair to all Americans .that this natural treasure be
protected from runoff stud fill. Mining permitting should be carried out in the most strict
fashion possible; the industry must either adhere to rules.:set. Forth by the EPA and the      12-1 -2
public  or cease to exist. If rnountaintop mining cannot be carried out with zero impact to
the «tivtronment, then it should not be allowed in such a fragile ecosystem like that:of the
Appalachians.

Environmental restrictions absolutely must not be weakened rather,                    i IA
Regulation should intensify to protect the mountains, the waterways and the wildlife.
       Sincerely,
                                                                                                         Sincerely,
MTM/VF Draft PEIS Public Comment Compendium
         A-1313
                                                       Section A - Form Letters

-------
Reduce Harmful Effects form letter—4,522 signatories
                                                                 Restriction form letter-— 5 signatories
      Mr, John Forren
      U.S. EPA (3.EA30)

      Dear Mr. Fprren,

      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 moimtaintop removal

      "Hie draft Environmental Impact Statement (BIS) on mountaintop removal should be
      rewritten to recommend limits on the size of valley fills that tary 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.
1-10
1-7
1-10
Subject; Limit Mountainlop Coal Removal Mining
Mr. John B orrera
U.S. KPA (3BA30)
1850 Arch Street
Philadelphia. PA 19103

On May 29, 2003, U.S. Environmental Protection Agency, US Army Corps of E ngtneas, US
Pish and Wildlife Service, Office of Surface Mining with West Virginia Department of
Environmental Protection released a draft E nvirpninental Impact Statement (EIS) assessing
the Impact? on environmental resources cajsed by mountaintop removal coal, mining In
Appalachla- a form of strip mining that involves detonating explosives that blow off the top
of a mountain to get a! coal deposits underneath,

The I'.TS was undertaken to determine the'proposed action and develop/evaluate a range of
reasonable alternatives to the proposed action.  According to the draft-Environmental
Impact Statement (E IS) on mountatmop removal coal mining, the environmental effects of
mountaintop removal are wjdespreadj devastating, and permanent However, EPA's draft.
report recommends allowing mountaintop removal coal mining to continue with a variety of
limits.

Please insure the Environmental Protection Agency does not wsaten environmental
protections currently in place for mountaintop removal coal mining. Please consider
alternatives that v»uld limit the harmful effects' of this destructive practice.

On May 29, 2003, the E PA and other federal and state agencies released a draft
E nvironmental Impact Statement (E IS) assessing the environmental destruction and social
harm caused by mountaintop removal coal mining - a form of strip mining In which the
coal cxsmi^nies remove the tops of mountain peaks in order to extract coal.

The data contained In the draft EIS and Its accompanying studies confirm that the
environmental harm caused t>y mountaintop removal  and valley fill operations is significant
and mostly irreversible. The data show that over one thousand miles of headwater streams
have been destroyed or degraded, including 724 mite of streams that have been burled
under of waste jpierated by removing the tops of mountains. The report states that It is
difficult, If not Impossible, to reconstruct free flowing streams on or adjacent to mined sites.
Reclamation of the mountains converts what had been biologically diverse native hardwood
forests to grassland plateaus. E conomlc studies prepared for the draft E IS indicate that,
s'tpiificant restrictions on the size of valley fills \Wuld not cause salonseconomic harm.
In a December 2001 final report to EPA, Hill & Associates, an economic modeling firm,
concluded thai even the most were restriction on valley fills studied in the report (limiting
valley fills to 35 acres In size) would raise the price of  coal by only $1 per ton and raise the
cost of electricity by a few cents pa' megawatt hour. EPA officials characterized these
effects as a minimal impact on the price of coal and virtually no affect on electricity prices.
While earlier versions of the draft E IS and accompanying studies  evaluated the costs as well
                                                                                                         1-10
                                                                                                                                                                                                     5-7-3
                                                                                                                                                                                                     1-7
MTM/VF Draft PEIS Public Comment Compendium
       A-1314
                                                             Section A - Form Letters

-------
                                                                                                                                               Save Our Environment—297 signatories
         as the environmental benefits of limiting the size of valley fills, no such testrictions on valley
        fills vasre even OMSictered as an alta-native in the draft E IS recently released, 'The
        environmental and economic studies prepared for the draft BIS do not tend any support to
        the proposed * preferred alternative" that recommends weakening edsting environmental
        laws thai limit .the size and location of valley fills, In fad, the studies support the opposite
         conclusion: mountaintop coal removal must be much more strictly limited to head off
        additional and significant devastation of the Appalachian report's natural resources and the
        communities t hat depend on those resources now and for future generations.

         Sincerely
1-7
I am upset to learn that the Bush administration plans to continue to let coal companies
destroy Appalaehia with mining practices'that level rnountaintops, wipe out f crests, bury
streams, and destroy communities.-

According to the administration's draft Environmental Impact Statemeat(EIS) on
movmtaintop removal coal raining, the environmental effects of..rnountaintop removal are
widespread, devastating, and permanent. Yet the draft BIS 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 OB the region's natural resources  for themselves and future
generations.

The Bush administration's "preferred alternative" fat addressing the problems caused by
mountaintop removal coal mining is-.tb weaken existing environmental protections. This
"preferred alternative" ignores the administration's-own studies detailing the devastation
caiised by rnountaintop removal coal mining, including:

- over 1200 miles of streams have been damaged or destroyed by.
moiiBtaintop removal;

- forest losses hi West Virgihii have the potential of directly impacting as many as 244
vertebrate wildlife species;

- Without new limits on mountaintop removal, an additional 350 square miles of
mountains, streams, and forests will be flattened and destroyed by mountaintop rernoval
mining.

In light of these facts, I urge you to consider alternatives that reduce the environmental
impacts of mouitaintop removal. Thank you
for  your consideration of this important issue.
                                                                                                         1-9
                                                                                                                                                                                              1-5
MTM/VF Draft PEIS Public Comment Compendium
        A-1315
                                                            Section A - Form Letters

-------
Sierra Club post card—953 signatories
                                                               Stop Destructive Mountaintop Removal form letter—31 signatories
                                              Communities-
                                              ar-A^A*•*•*;•*•* .- ->«•&*—---- ""j-
                                            taintop Removal
                                            ,.;e2-v;>~sS-.;fM[;-'~ J.-.~,i~.z.«»r sr^vi-r*.. ,j
         Dear Mr. Forren,
                         REC'D  OCT23213
           ! am'opposed to mountaintop removal mining and the Bush
         Administration's recornfflendatiofis that would escparnd its
         practice. This destrucUve mining practice destroys biologically rich
         forests,, buries streams and creeks, devastates the quality of life in
         mountain communities and causes frequent and severe flooding.
         This is no time to ease restrictions on mountaintop removal
         peunits and ignore existing environmental protections. I urge the
         Environmental Protection Agency to reject Preskfent Bush's
         proposed rule changes and to protect West Virginia'*
         environment, heritage, and communities by ending moimfalntop
         removal.
1-9
 JOHN fQMBi US E» (3B30)
 ISSOSKHSnsffiT
 MLAD£U>HIA,M 19103
1-10
         Sincereiy,
                                                          Dear Mr. Forrea,
                                                          Mountaintop-removal mining and valley fills are devastating the
                                                          Appalachian environment, and its unique culture. These practices, bury important
                                                          headwater streams, destroy biologically rieh 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,or3 as described in the draft E1S
                                                          report. None of these options will protect Appalachian forests, water,
                                                          or communities. In particular, I oppose the proposal to eliminate the
                                                          stream buffer-zone rule that prohibits mining activity Within 100 feet of stre'ams. This
                                                          rule should be strictly enforced for valley fills and in all,other cases.

                                                          Leveling mountains and burying streams is wrong and must stop.

                                                          Sincerely,
                                                                                                                                                                                              1-9
                                                                                                                                                                                              1-5
                                                                                                                                                                                              1-10
MTM/VF Draft PEIS Public Comment Compendium
                                            A-1316
Section A - Form Letters

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Stop Mountaintop Removal form letter—9 signatories
                                                     Support Alternative 3 form letter— 18 signatories
                                                          REC'D D£e29ig

                     Mr. John Forren, US EPA (3ES30)
                     1650 Arch Street
                     Philadelphia, PA 19103

                     Mr. Forren,
                      Please add my comments to the draft E!S statement.
                     STOP MOUNTAINTOP REMOVAL NOW!
                     Stop coal companies from destroying everything and start making choices
                     that will benefit our children and YOURS!

                     Mountaintop Removal is an irresporisible method of mining coal,
                     environmentally insane, morally evil and add the following to the list:
                     !. Destroys streams
                     2. Contaminates drinking water and streams
                     3. Causes flooding and Post Traumatic Stress Disorder
                     4, Makes moonscapes out of the Appalachian Mountains, some of the oldest
                     and most unique Mountains in the world.
                     "5. Causes blast damage to people's homes and Post Traumatic Stress
                     Disorder                                                    ,>
                     6. Destroys world's most diverse hardwood forest and future timber jobs.
                     7, Destroys the very unique Appalachian Culture and Heritage
                     S. Directly defies the Executive Order regarding Environmental Justice for
                     low-income families.
                     9. Destroys Mining Jobs
                     10. Destroys our children's future
                     1 1. Destroys God's Creation

                     Mountaintop Removal is an abomination before God, the ultimate
                     blasphemy and the height of human arrogance.
1-9
                           The.mtning industry si^uporls Alternative ill, as outlined In the E1S, as the preferable approach:

                           Based on the results of voluminous f echnical- studies, mining, has only minimal-, t emporary impacts
                           to the environment of the region. As such, mining permits should he processed as Nationwide
                           Permit 2 Is by the Corps of Engineers,

                           Arty potential adverse impacts from a proposed mining operation-can be addressed in the detailed
                                     ive SMCS A permitting process;
   Specific comments:

1.    MWngaaMty will only affect about 11.5% of the dense forest 'covet present. In the region.
The states in the Central Appalachian region-will .remain the most heavily forested state in-the
Nation.

2.    Mining created wetlands arid grassland habitats tave enhanced the wildlife diversity of the
re^on.by providing unique.habitat that Is riot naturally presetit in the region.

3.    Mining .Is a heavily regiiated enterprise and is subject to numerous federal and state laws and
regulations designed to protect (he environment.  Several provisions .of these laws positively
sanction and apply directly to. rnotrtaintpp Wining operations.

4:.    TheDraftEIS'isapro0arnfnaticElSandisn6t intended to 'make substantive changes to
regiiations or statutes,
                                                                                    1-4
                                                                                                              1-11
MTM/VF Draft PEIS Public Comment Compendium
          A-1317
                                                              Section A - Form Letters

-------
Writing to Urge form letter—360 signatories
       Mr. John .Forren
       U.S-.'EPA-(3EA3'0)
       1650 Arch Street
       Philadelphia, PA 19103

       Dear Mr. Forreh,,

       I .am writing to urge the Bush administration to protect our
       mountains and streams from mountaintop removal coal mining. I am
       outraged that the draft Environmental Impact Statement (EIS) on
       mountaintGp removal proposes no limits 6n this destructive
       practice, even though the study clearly concludes that the
       environmental effects Of mouniaintop removal are devastattng' and
       permanent.

       I understand tlrtt ih£ draft BIS concludes that: more than 1,200
       miles of streams Mve been damaged or destroyed, by motlntalnttjp
       removal. It also concludes that 1,4 million acres of forests
       could be impacted, along with as many as 244 species of
       wildlife. Finally, it says that without additional limits.
       another 350 square miles of mountains, streams and forests will,
       be destroyed.by mpuntaifttop removal,

       In light of these clearfacts, I am shocked that the :draft EIS
       states, that the Bush administration's preferred alternative is
       to WEAKEN existing environmental protections; It would.allow:
       mountaintop removal and associated valley fills to accelerate by
       proposing to streamline the permitting process. And it^proposes
       to rollback an important surface mining rule that prevents coal
       companies from disturbing areas within 100 feet of strearns.,This
       "preferred alternatiye"lgnores yourown studies detailing the
       devastation caused by mpuHtaintop rerno.val coal mining!

       I rage the Bush administradon to consider alternatives that
       reduce the environmental impacts of mountaintorj removal, and to
       implemgnl .those measures needed to protect the envirdnment and
       communities of Appalachia, .Inparticular, lurge the
       administration to consider restrictions on the size of valley
       fills to reduce stream and forest loss. These alternatives must
       be evaluated for individual projects as well as. regionally so
       that the cumulative impact of the destructipn caused by
       mountaintop removal is addressexl.
1-9
1-10
MTM/VF Draft PEIS Public Comment Compendium
        A-1318
Section A - Form Letters

-------
                        Section A Index
Elected Officials		A-2
The Honorable Frank Pallone, Jr., United States House of Representatives	A-3
Federal Agencies	
James F.Devine, 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	
Organizations	
                              Order by Author
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	
Kent DesRocher, West Virginia Coal Association	
Randy Dettmers, Partners in Flight	
Mark Donham, Heartwood	
 ...A-6
 ... A-7
 .A-14
 . A-14

 .A-20
 . A-21
 . A-23
 . A-24

 . A-24
 . A-26
 .A-26
 . A-48
 .A-49
 .A-53

 .A-54
.. A-55
... A-56
.. A-57
.. A-59
.. A-61
.. A-65
 A-223
 A-224
 A-225
 A-226
 A-229
 A-23f
Jenny Dorgan, Alabama Environmental Council	A-232
Ralph Dunkin, West Virginia-Western Maryland Synod of the ELCA	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
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-3Q5
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
Bob Perciasepe, 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
Cindy Rank, West Virginia Highlands Conservancy	A-615
MTM/VF Draft PEIS Public Comment Compendium
                                                                       Index—Section A

-------
Donald Ratliff, Enterprise Mining Company, LLC	
Robert Reid, Alabama Audubon Council, et al	
Virginia Reynolds, Tennessee Ornithological Society, et al	
Richard Seeley, Glendale-LaCrescenta Advocates	
Francis Slider, West Virginia Chapter of the Sierra Club	
Seth Shteir, San Fernando Valley Audubon Society	
John Snider, West Virginia Coal Association	
John Spahr, Virginia Society of Ornithology and August Bird Club	
Stephen Stewart, Seven Hills Birdwatchers	
Vivian Stockman, Ohio Valley Environmental Coalition	
Carol Stoddard, The Garden Club of America	
Jean Sullivan, Redbud Family Health Center	
Mike Tidwell, Chesapeake Climate Action Network	
United Mineworkers of America	
Charles Wakild, Progress Energy	
Jason Wandling, West Virginia Chapter of the National Lawyers Guild
Tony Whitaker, Hazard/Perry County Chamber of Commerce	
Gerald Winegrad, American Bird Conservancy, et al	
                           Order by Organization
A Lasting World, Andi Putman	
Alabama Audubon Council, etal., Robert Reid	
Alabama Environmental Council, Jenny Dorgan	
Alpha Natural Resources, John Jones	
American Bird Conservancy, etal, Gerald Winegrad	
Appalachian Center for the Economy and the Environment, Joseph Lovett
Appalachian Citizens Law Center, Inc., Amanda Moore	
Appalachian Sustainable Development, Anthony Flaccavent	
Appalachian Voices, Scott Gollwitzer	
Catholic Committee of Appalachia, Robbie Pentecost	
Catholic Conference of Kentucky, Thomas Kelly	
Chesapeake Climate Action Network, Mike Tidwell	
Citizens Coal Council, Carolyn Johnson	
Coal River Mountain Watch, Janice Nease	
Congregation of Divine Providence, Catherine Holtkamp	
Earthjustice et al, Joan Mulhern	
Enterprise Mining Company, LLC, Donald Ratliff	
Erris Co. LLC, Grattan Gannon	
Friends of the Little Kanawha	
 A-616        Glendale-LaCrescenta Advocates, Richard Seeley	A-625
 A-617        Hazard/Perry County Chamber of Commerce, Tony Whitaker	A-734
 A-618        Heartwood,MarkDonham	A-231
 A-625        Interstate Mining Compact Commission, Greg Conrad	A-225
 A-626        Joint Coal Industries, Jason Bostic	A-65
 A-626        Kenruckians for the Commonwealth	A-546
, A-627        Kentuckians for the Commonwealth, TeriBlanton	A-61
 A-629        Kentucky Resources Council, Tom FitzGerald	A-297
. A-634        Kentucky Waterways Alliance, Judith Petersen	A-608
 A-639        League of Women Voters of Tennessee, Frances Lamberts	A-556
. A-725        Mayor of Hazard, Kentucky, Bill Gorman	,	A-301
. A-725        Mountain Redbird Music, Tina Aridas	A-55
, A-726        National Audubon Society, Bob Perciasepe	A-607
. A-727        Ohio Coal Association, Michael Carey	A-224
 A-730        Ohio Valley Environmental Coalition, Vivian Stockman	A-639
. A-731        Ohio Valley Environmental Coalition and West Virginia Highlands Conservancy,
 A-734            JamesHecker	A-305
. A-734        Partners in Flight, Randy Dettmers	A-229
              Potomac Valley Audubon Society, Diana Mullis	A-603
              Progress Energy, Charles Wakild	A-730
. A-614        Redbud Family Health Center, Jean Sullivan	A-725
, A-617        San Fernando Valley Audubon Society, Seth Shteir	A-626
 A-232        Santa Clara Valley Audubon Society, Craig Breon	A-223
 A-544        Save Our Cumberland Mountains, Inc, Landon Medley	A-562
. A-734        Scenic America, Meg Maguire	A-559
. A-305        Seven Hills Birdwatchers, Stephen Stewart	A-634
. A-590        Sierra Club-Appalachian Region, Bill Price	A-611
. A-297        Sierra Club - Tennessee Chapter, James Baker	A-56
. A-300        Sierra Club, Mary Mastin	A-560
 A-606        Tennessee Citizens for Wilderness Planning, Sandra Goss	A-304
, A-545        Tennessee Clean Water Network, Renee Hoyos	A-536
. A-726        Tennessee Ornithological Society, etal., Virginia Reynolds	A-618
, A-542        The Garden Club of America, Carol Stoddard	A-725
 A-604        Trial Lawyers for Public Justice, JamesHecker	A-305
. A-536        Union of Concerned Scientists, Kevin Knobloch	A-552
 A-592        United Mineworkers of America	A-727
. A-616        University of Pennsylvania, Mary Hufford	A-537
, A-299        Virginia Forest Watch, Sherman Bamford	A-57
 A-298        Virginia Society of Ornithology and August Bird Club, John Spahr	A-629
MTM/VF Draft PEIS Public Comment Compendium
                                                                        Index—Section A

-------
West Virginia Chapter of the National Lawyers Guild, Jason Wandling	A-731
West Virginia Chapter of the Sierra Club, Francis Slider	A-626
West Virginia Coal Association, John Snider	A-627
West Virginia Coal Association, Kent DesRocher	A-226
West Virginia Council of Trout Unlimited, Bryan Moore	A-591
West Virginia Highlands Conservancy and Ohio Valley
Environmental Coalition, James Hecker	A-305
West Virginia Highlands Conservancy, Cindy Rank	A-615
West Virginia Rivers Coalition, Liz Garland	A-299
West Virginia State Chapter of Quail Unlimited, Lawrence Beckerle	A-59
Wild Alabama/Wild South, Vince Meleski	A-589
Wild Virginia, Steve Krichbaum	A-553

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	A-853
Anonymous	A-854
Anonymous	A-855
Julie Arlington	A-855
Gordon Aubrecht, II	A-856
Harvard Ayers	A-856
Janet Ayward	A-857
JimBaird	A-858
Ray &Arlene Baker	...A-858
Isabel Balboa	A-859
Jessie Ballowe	A-859
Carl Banks	
Israel Baran	
RichardBaskin	
Susan Bechtholt	
Lawrence Beckerle	„
BarbaraBeer	
TriciaBehle	
Bob Bell	
Gordon Bell	
Vaughn Bell	
Joe Bergeron	
DavidBerkland	
MichaelBialas	
Bonnie Biddison	
Charles Biggs	
Cathie Bird	
Stephanie Blessing	
RuthBleuni	
Margaret Block	
KathrynBlume	
Julia Bonds	•.	
Douglas Boucher	
Brian Bowen	
Deborah Bowles	
GayleBrabec	
Mary Beth Bradley	
JuliaBrady	
Sandra Brady	
Matthew Branch	
Lee Bridges	
Dede Brown	
LeeAnn, George, Emily & Sarah Brown
Shale Brownstein	
Mike Brumbaugh	
Mark Brans	
StephenBull	
DougBurge	
MarkBurger	,
Gail Burgess	,
. A-860
. A-860
. A-861
. A-861
. A-862
. A-874
. A-875
. A-876
. A-876
. A-877
. A-877
. A-878
. A-878
. A-879
. A-880
. A-880
. A-881
. A-882
. A-885
. A-885
. A-886
, A-891
. A-892
. A-893
. A-893
. A-894
. A-894
. A-895
. A-8%
. A-896
, A-897
. A-897
. A-898
 A-898
. A-899
. A-900
 A-900
. A-901
 A-901
MTM/VF Draft PEIS Public Comment Compendium
                                                         Index—Section A

-------
Moss Burgess	A-902
Linda Burkhart	A-903
JudyBurris	A-903
RickCameron	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
BillyCaudill	A-911
Herman Caudill	A-911
ThermaCaudill	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	,	A-919
Sister Mary Brigid Clingman	A-919
Jerry Coalgate	A-920
MarleneCole	A-921
Marian Colette	A-922
Michael Compton	A-922
James Conroy	A-923
Peggy Conroy	„	A-924
David Cooper	A-924
Kennon Copeland	,	A-926
RubyCorbin	A-927
Jennifer Cox	
John Cox	
James Crabb	
RyanCrehan	
Kathy Cross	
April & Jeff Crowe	
Kate Cunningham	
Marilynn Cuonzo	
Janet Dales	
MickDaugherty	
Bongo Dave	
Eric Davis	
WilliamDawson	
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	
Susan Emberley	
Julie Emerson	
LmdaLeeEmrich	
Kathleen Enders	
Nancy Erps	
Craig Etchison	
Karen Eva	
Alice Evans	
Gaye Evans	
McNairEzzard	
PeteFarino	
 A-927
. A-928
. A-929
. A-929
. A-930
. A-930
. A-931
, A-931
. A-932
. A-932
. A-933
. A-935
. A-935
. A-936
. A-937
. A-938
, A-938
. A-939
. A-940
. A-940
, A-941
, A-942
. A-943
. A-944
. A-944
. A-947
 A-947
 A-951
, A-951
. A-952
. A-952
. A-953
. A-953
 A-954
 A-955
 A-955
 A-956
 A-956
. A-957
MTM/VF Draft PEIS Public Comment Compendium
                                                        Index—Section A

-------
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-967
Luther Franklin	A-968
TimFrasine	A-968
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
MallGartlan	A-976
LydiaGarvey	A-976
Glenn Gaskill	A-977
Suzanne Gayetsky	A-977
Mary Gee	A-978
Melissa Gee	A-978
Ms. Gee	A-979
DanGeiger	A-979
Andy Gelston	'.	A-980
Mike George	A-981
Meagan Gibson	A-982
LarryGlen	A-983
Christopher Goddard	A-984
GayGoforth	A-984
Crystal Good	
Donny Good	
Joanne Granzow	
Katherine Green	
Margaret Gregg	
Robert Gipe	
Karen Grabb	
Robert Hallick	
Emilie Hamilton	
HannJ	
KarlHanzel	
Alice Hardin	
Jerry Hardt	
BillHardy	
Roy Harless, Jr.	
RondaHarper	
MarkHarris	
EricaHarvey	
Tracy Hasuga	
Marlon Henn	
DanHensley	
Robert Hensley	
J. Michael Herr	
Caroline Hice	
Susan Hickman	
Sanford Higginbotham.
MonicaHill	
Marty Hiller	
DanitaHines	
RobertHiser	
PaulHodder	
Sharon Hodges	
Steve Hodges	
Andy Hodgman	
Karen Holl	
MarkHomer	
John Honeck	
John Hopkins	
Patricia Hopkins	
.. A-985
.. A-985
.. A-986
.. A-986
.. A-987
.. A-987
... A-988
... A-988
... A-989
.. A-990
... A-991
... A-991
... A-992
.. A-992
... A-993
.. A-993
.. A-994
.. A-995
.. A-995
.. A-996
.. A-996
.. A-997
.. A-997
.. A-998
.. A-998
.. A-999
.. A-999
.A-1000
.A-1000
.A-1001
.A-1001
.A-1002
.A-1002
.A-1003
.A-1003
.A-1004
.A-1005
.A-1005
.A-1006
MTMA/F Draft PEIS Public Comment Compendium
                                                         Index—Section A

-------
Pierre Howard	,	A-1006
ReneeHoyos	A-1007
PatrickHuber	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-1Q22
Barry Katzen	A-1022
ErinKazee	A-1023
Robert Keiilbach	A-1Q23
MaryCorsiKelley	A-1024
Cindy Kendrick	A-1024
Oren Kennedy	A-1026
Carol Anne Kilgore	A-1027
Sterling Kinnell 	A-1028
Laura Klein	A-1028
Jennifer Knaggs	A-1029
GerriKolesar	A-1029
Vanessa Kranda	A-1030
JudKratzer	A-1030
Scott Kravitz	
TomKruzen	
Glenn Kuehne	
KaraKukovich	
Kenneth M. Kukovich	
JohnL	
AlexandraLamb	
SloaneLamb	
Melissa Lambert	
Denise Lamobaw	
Jackie Lancaster	
Susan Lander	
Jennifer Lantz	
TimLarrick	
Jessica Lavin	
Phyllis Law	
F.Carey Lea	
Elaine Leach	
Carole Levenson	
IgalLevy	
Elizabeth Lewis	
NormaLewis	
Tom Lewis	
BettaLeyland	
EricLillyblad	
JoanLinville	,	
JoeLinville	
Nannie Linville	
Curt Livingston, Sr.	
Julie Longman-Pollard	
Sherry Lorenz	
David & Marsha Low	
Benjamin Lowman	
LoisLudwig	
Tom Luther	
Grace Glaser-Lynch & Thomas Lynch.
AnnLynnworth	
Lawrence Lyon	
Malcolm MacPherson	
.A-1031
.A-1031
.A-1032
.A-1032
.A-1034
.A-1035
.A-1035
.A-1036
.A-1037
.A-1037
.A-1038
.A-1038
.A-1039
.A-1041
.A-1041
.A-1042
• A-1042
.A-1043
.A-1043
.A-1044
.A-1044
.A-1045
.A-1045
.A-1046
.A-1046
.A-1047
.A-1048
.A-1049
.A-1049
.A-1050
.A-1050
.A-1052
.A-1053
.A-1053
.A-1054
.A-1054
.A-1055
.A-1055
.A-1056
MTM/VF Draft PEIS Public Comment Compendium
                                                         Index—Section A

-------
Andy Mahler	A-1056
Craig Mains	A-1057
O. Mandrussow	A-1058
CarliMareneck	A-1059
Peter Mareneck	A-1Q60
RogMarjay	A-1060
Thomas Marshalek	A-1061
Martin	A-1061
Julia Martin	A-1065
Julian Martin	A-1065
Namon Martin	A-1066
Rev. Mary McAnally	A-1066
James McCarthy	A-1067
DoraMcCarty	A-1067
ErikaMcCarty	A-1068
Kerry McClure	A-1069
Chelena McCoy	A-1071
Harold McCurdy	A-1072
HowardMcFann	A-1072
JohnMcFerrin	A-1073
Scott McGarrity	A-1073
CarolMcGeehan	A-1074
M.McGeorge	A-1074
Margaret McGinnis	A-1075
Judith McHugh	A-1075
Meagan McKay	A-1076
Catherine McKenzie	A-1076
Bonnie McKeown	A-1077
CatheMcLaughlin	A-1077
Corirma 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
Ricardo Mendez	A-1084
Barbara Menendez	A-1084
    ZinaMerkin	
    Jennifer Merrick	
    Robert Mertz	
    James Mesich	
    Teresa Mesich	
    Alissa Meyer	
    Judy Meyer	
    Greg Miles	
    Sue Miles	
    Leon & Lucille Miller
    MarkMiUer	
    Mary Miller	
    Robin Mills	
    Phyllis Mingo	
    Georgia Miniard	
    Steve Mininger	
    Carol Mintz	
    JonathanMirgeaux ...
    Denver Mitchell	
    Keith Mohn	
    Wm Montgomery	
    John Mooney	
    Maryhea Morelock ...
    B.Morgan	
    Mark Morgan	
    Jeffrey Morris	
    Robert Moss	
    RobertMueller	,
    David Muhly	
    Dr.MendiMullett	
    Cory Munson	
    Mark Murphy	
    Sheldon Myers	
    Grace Naccarato	,
    Susan Nadeau	,
    Patricia Napier	
    Ann Nelson	
    Nanette Nelson	
    Paul Nelson	
         ..A-1085
         ..A-1085
         ..A-1086
         ..A-1088
         .A-1088
         ..A-1089
         ..A-1090
         ..A-1094
         ..A-1094
         ..A-1095
         ..A-1096
         ..A-1097
         ,.A-1097
         ..A-1100
         ..A-1100
         ..A-1101
         ..A-1102
         . A-1102
         ..A-1103
         .A-1109
         , A-1110
         ..A-1110
         .A-llll
         .A-1112
         ..A-1112
         .A-1113
         .A-1114
         .A-1115
         .A-1116
         .A-1117
         .A-1118
         .A-1119
         .A-1119
         .A-1120
         .A-1120
         .A-1132
         .A-1133
         .A-1134
         .A-1135
MTM/VF Draft PEIS Public Comment Compendium
7
Index—Section A

-------
Denis Newbold	A-1145
Mike Newell	A-H47
Brad Newsham	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	A4152
Russell Oliver	A-1152
Steven Olshewsky	A-1153
Tony Oppegard	A-1153
Marilyn Ortt	A-1154
Clark Orwick	A-1155
Amanda O'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	A-1162
Karen Payne	A-1163
Ray Payne	A-1163
Elizabeth Peelle	A-1164
Joan Peoples	A-1165
Dolores Perez	A-1166
Candice Peters	A-1166
Ian Petersen	A-1167
Denise Peterson	A-1168
Jan Peterson	A-1168
Susan Peterson	A-1169
DeanPetrich	A-1169
Deborah Pettry	A-1170
     Amelia Pickering	
     Joseph & Helen Pickering .
     Joseph Presson	
     Andrew Price	
     Donna Price	.,
     Perrie'LeeProuty	
     Sean Quinlan	
     Christine Rafal	,
     Teresa Rafi	
     Linda Rago	
     Mary Ramsay	
     Jan Randall	
     Kevin Randall	
     M. Rauen	
     John Rausch	
     LisaRayburn	
     BricRechel	
     PatriciaReed	
     LindaReeves	
     Dylan Reid	
     Richard Reis	
     David Reister	
     Jordan Reiter	
     John Reppun	
     Michelle Reynolds	
     James Richard	
     Nancy Riley	
     Paul Robertson	
     Richard Robertson	
     Tom Robertson	
     GailRoc	
     Hugh Rogers	
     Ruth Rogers	
     Michael Rorno	
     DebraRookard	
     Ruth Rosenthal	
     June Rostan	
     Greg Roth	
     Lionel Ruberg	
         ..A-1170
         .A-1171
         ..A-1171
         ..A-1172
         ..A-1173
         ..A-1173
         ..A-1174
         ..A-1175
         ..A-1175
         ..A-1176
         .A-1176
         ..A-1177
         ..A-1178
         ..A-1178
         ..A-1179
         .A-1180
         .A-1180
         .A-1181
         ..A-1182
         ..A-1182
         .A-1183
         .A-1183
         .A-1184
         .A-1185
         .A-1186
         .A-1187
         .A-1187
         .A-1188
         .A-1188
         .A-1189
         , A-1189
         .A-1190
         .A-1190
         .A-1191
         .A-1192
         .A-1193
         .A-1194
         .A-1194
         .A-1195
MTM/VF Draft PEIS Public Comment Compendium
8
Index—Section A

-------
Stephen Rudolph	A-1195
Steve Rutledge	A-1196
Mark Van Ryzin	A-1196
PaulSainato	A-1197
Sue Ann Salmon	A-1I98
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
Bruce 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
DinkShackleford	A-1208
Justine Sharp	A-1209
WaltSharpe	A-1209
Sue Sharps	A-1210
Barrett Sherwood	A-1210
Susan Shriner	A-1211
June Silvernian	A-1211
Willis Simms	A-1212
Pat Simpson	A-1213
GarySkulnik	A-1213
Deana Smith	A-1214
Donna Smith	A-1214
EllenSmith	A-1215
Eric Smith	A-1215
John Smith	A-1216
Jonathan Smuck	A-1216
    Susan Sobkoviak	
    Richard Soderberg ....
    Sooner Fan	
    Constance Sowards ..
    Wayne Spiggle	
    Daniel Spilman	
    Joel Spoonheim	
    Richard Spotts	
    Tom Spry	
    SueStaehli	
    Robert Stanley	
    Dallas Staten	
    Steve Stamakis	
    FitzSteele	
    Edward Stein	
    JimSteitz	
    Judith  Stetson	
    Elaine Stoltzfus	
    Kathryn Stone	
    Sally Streeter	
    Joseph Strobel	
    Jean Strong	
    William Sullivan	
    Jim Sweeney	
    ChetanTalwalkar	
    Lesley Tate	
    William Taylor	
    DarlaTewell	
    Dean Thayer	
    Rose Thompson	
    Derek Thornsberry
    Ershel Thornsberry...
    Mildred Thornsberry
    Barry Tonning	
    Phillip Tracy....	
    Roy Trent	
    PhilTriolo	
    Martha Turnquist	
    EllisaValoe	
         .A-1217
         .A-1218
         .A-1218
         .A-1219
         .A-1219
         .A-1220
         .A-1220
         .A-1221
         .A-1223
         .A-1223
         .A-1224
         .A-1224
         .A-1225
         .A-1225
         .A-1227
         .A-1227
         .A-1228
         .A-1229
         .A-1229
         .A-1230
         .A-1230
         .A-1231
         .A-1232
         .A-1233
         .A-1233
         .A-1235
         .A-1235
         .A-1236
         .A-1236
         .A-1237
         .A-1237
         .A-1238
         .A-1238
         .A-1239
         .A-1240
         .A-1240
         .A-1241
         .A-1242
         .A-1242
MTM/VF Draft PEiS Public Comment Compendium
9
Index—Section A

-------
Mary Vassalls	A-1243
Corey Vernier	A-1243
Sue Vernier	A-1244
JeffWaites	A-1245
Judith Walker	A-1245
Bruce Wallace	A-1246
Patty Wallace	A-1287
David Walters	A-1287
Richard Walters	A-1288
Barbara Walton	A-1288
Rufus Wanning	A-1289
Kenneth Warren	A-1289
Holly Watkins	A-1290
CleeWebb	A-1290
Robert Welkle	A-1291
EricWessels	A-1291
MyaWestfall	A-1292
Marian Weston	A-1292
MiaWhiteker	A-1293
Gregory Wilcox	A-1293
Rachel Williams	A-1294
Susan Williams	A-1295
Suzanne Williams	A-1296
Waimea Williams	A-12%
Sara Wilts	A-1297
Vickie Wolfe	A-1297
Doug Wood	A-1298
Ivan & Jean Woods	A-1299
Tanya Woods	A-1300
Anne Woodbury	A-1300
Nancy Woodward	A-1301
Daniel Wright	A-1301
MingjaneWu	A-1302
BryanWyberg	A-1302
Eleanor Yackel	A-1303
Lynn & Chess Yellott	A-1304
Geoffrey Young	A-1304
Walter Young	A-1305
     MaryYunker	A-1306
     David Zeff	A-1306
     Carol Zeigler	A-1307

     Form Letters .....	.		A-1308
     Amend the DEIS form letter—4,156 signatories	A-1309
     American Rivers form letter—4,227 signatories	A-1309
     Boone County form letter — 46 signatories	A-1310
     Community Visit form letter—14 signatories	A-1310
     Destruction form letter—65 signatories	A-1311
     Earth Justice form letter—35,743 signatories	A-1311
     League of Conservation Voters form letter — 25,056 signatories	A-1312
     Oppose Change to Stream Buffer Zone Rule form letter — 7,168 signatories	A-1313
     Protect Appalachian Streams form letter—425 signatories	A-1313
     Reduce Harmful Effects form letter—4,522 signatories	A-1314
     Restriction form letter—5 signatories	A-1314
     Save Our Environment—297 signatories	A-1315
     Sierra Club post card—953 signatories	A-1316
     Stop Destructive Mountaintop Removal form letter—31 signatories	A-1316
     Stop Mountaintop Removal form letter—9 signatories	A-1317
     Support Alternative 3 form letter —18 signatories	A-1317
     Writing to Urge form letter — 360 signatories	A-1318
MTM/VF Draft PE1S Public Comment Compendium
10
Index—Section A

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                          Section B

The public was invited to provide oral comments on the Mountaintop
Mining/Valley Fills in AppaiachiaQgftProgimnmaticEnvTOnmeatallnipact
Statement during two public hearings. The first hearing was held on July 22,
2003 at The Forum at The Hal Rogers Center, 101 Bulldog Lane, Hazard,
KY 4 1 70 1 . The second hearing was held on July 24, 2003 at the Charles-
ton Civic Center-Little Theater, 200 Civic Center Drive, Charleston, WV
25301 . Each hearing had two sessions: an afternoon session from 2:00 p.m.
to 5:00 p.m., and an evening session on the same day from 7:00 p.m. to
1 1 :00 p.m. One hundred seventy six people provided oral comments at the
Public Hearings. A court reporter transcribed the oral comments at each of
the public hearings and provided official transcripts. These transcripts were
made available for public review on the EPA website Jattpj/
The oral comments were reviewed and evaluated. Comments were grouped
into different numbered categories. The transcript pages are presented half
size with applicable numbered categories identified adjacent to the com-
ment

The Kentucky public hearing transcript is presented first, followed by the
West Virginia public hearing transcript. Two indices are presented at the end
of this document. The first is in alphabetical order. The second is in the
order of the transcript. Both contain the page numbers where comments are
presented.
MTM/VF Draft PEIS Public Comment Compendium                         B-1                                                           Section B

-------

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                           Kentucky Afternoon Session
MTM/VF Draft PEIS Public Comment Compendium                 B-2                      Section B - Kentucky Afternoon Session

-------

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Jeff Coker, facilitator, Kentucky afternoon session, opening comments
                            PUBLIC HBARIHO OH THE DRAFT PS03RWWATIC
                              ENVIRONMENTAL IMPACT STATEMENT  (BIS)
                               ON MOUNTAINTOP MINING/VALLEY FltiS
                                         IN APPMACHIA
                           HELD IN THE FORUM AT THE HAL ROGERS CENTER
                                        101 BOUDOG LAHE
                                        HAZARD,  KENTUCKY
                                         JULY 22,  2003
                               MR. gstf. COKBRi  I'd like to welcome you to the

                    public   hearing   on   the  Draft   of  Mountaintop  Mining

                    Programmatic Environmental Intact statement.  He'll begin

                    with some general  information about the facilities here.

                    This is a non-smoking facility.  Me ask that you  go outside

                    the  building to  smoke,   Please  note the location o£ the

                    emergency exits.   You can see they're marked.  They're well

                    nsarked.   In the event of  an emergency,  proceed  in  an

                    orderly fashion as quickly as possible to the  nearest exit

                    from the building.    The  restrooma  for  the facility are

                    located out in th® lobby, back up the lobby,  take a left

                    down the  hallway,  and they'll be the  first door on your

                    left,  men's   and  women's   are  both  in  that   area.

                    Approximately every  hour  or  BO  during  the course  of the

                    hearing,  we  will call for a  five minute  comfort  break.

                    Hopefully, this  will provide sufficient opportunity for

                    everyone  to take a break,  so  that no one need to tniss any

                    of what's said here today.


                                               1
                                      As you entered  the foxtisi,  you  had to  have

                          noticed the registration  table.   We hope that  everyone

                          registered as you came  in.   And,  if by some  chance you

                          didn't, we ask that  you take a moment to register before

                          you  leave.    Folks  will  no  doubt b©  coming and  going

                          throughout the hearing, and this is the only way we have to

                          get a reasonably  accurate  idea of the total participation

                          at these hearings. And,  even more importantly,  if you came

                          here today with the intent of fflpeaking at the hearing, you

                          must complete a registration  card.  If you do plan to speak

                          and haven't already registered, please go back and register

                          as a  speaker  now.    If  there is  anyone who  might  need

                          assistance in  coming up to the podium  to  speak, pleaae let

                          the folks at the registration desk know, aa  thare  is  an

                          access rasp to the stage, and other forms  of assistance can

                          be provided as necessary.  With  that said, let's mov© into

                          the more  substantive part  of the public hearing.

                                      As  you  may already  know,   as  part  of  the

                          December   1998   Settlement   Agreement,   the   agencies

                          represented  here oil the stage today agreed to participate

                          in the preparation of a Programmatic Environmental  Impact

                          Statement  on the  Impacts of  Mountaintop  Mining and  their

                          Associated Valley Fills,  The purpose of this  Programmatic

                          E1S,   as   specified  in  the  Settlement  Agreement,  was

                                                     2
MTM/VF Draft PEIS Public Comment Compendium
B-3
Section B - Kentucky Afternoon Session

-------
                    considering  developing  agency  policies,  guidance,  and




                    coordinated agency decision making processes to minimize to



                    the maximum extent  practicable,  the adverse environmental



                    effects to waters of the  United States  and  the fish and



                    wildlife   resources   affected  by   tnotmtaintop  mining



                    operations and to the environmental resources that could be



                    affected by the size and location of excess spoil disposal



                    sites and  valley  fills.    In  the  time  period  since the



                    Settlement Agreement, the  agencies have  diligently worked



                    on  the  E1S.   The  agencies'  efforts culminated  in the



                    development and release of this draft  BIS  document for



                    public review on May 29".   The usual  review period for a



                    draft BIS is 45 days, however, recognizing the widespread



                    Interest in the document and the need to provide sufficient



                    time  for  the  public  to  work their  way  through  the



                    complexities of its  content,  we have extended  the time



                    frame for review and  comment.  A 90 day  public review and



                    comment  period will end at  close of business on August 29th,



                    2003.




                                This is one of two public hearings planned in



                    association with  the development of  this document.   The



                    purpose  of  these hearings is to hear comments on the draft



                    BIS.   We  cannot  respond  to  your comments during  the



                    hearings.   Your comments will  be transcribed and we will




                                               3
                          respond to them in writing as part of the final EIS,  Se



                          are here today to listen  to you,  to hear what you have to



                          aay  relevant  to  the  continued  development  of  the EIS



                          document,   We  recognize  that  many  organizations  and



                          individuals wanted to comment, so we have structured these



                          sessions to offer as many  as possible the opportunity  to do



                          so.  This is a two-part session.  The first gesaion runs



                          from 2:00 to 5:00 p.m., and the  second  from 7:00 to 11:00



                          p.m.  So that we may be sure we have provided everyone who



                          may choose to speak,  an opportunity to do so, we must limit



                          the speaking time to five minutes.  Some of you may have



                          more connments than can be addressed in five minutes.  It



                          so, you are encouraged to submit these additional thoughts



                          and comments in writing.  You do not need to speak here in



                          order to submit comments.   You may submit written comments




                          to the attention  of  Mr, John  Porren, U.S. EPA,  3EA30 1650



                          Arch Street, Philadelphia, Pennsylvania 19103, through the



                          close of the comment period on August 29th, 2003.  We also



                          have provided a comment box at the registration table.  If



                          you choose to, you may  place  your  written comments on the



                          Draft  EIS  in that  box and  we will  see  that they are



                          considered,  along with all  the  other written and  oral



                          comments.



                                      As we continue with today's  public hearing, we




                                                     4
MTM/VF Draft PEIS Public Comment Compendium
B-4
Section B - Kentucky Afternoon Session

-------
                    would like to take a few trsomenta to make you aware of &&n&



                    of the ground rules for this hearing and describe how we



                    intend to  proceed.    As indicated  on the  sign at  the



                    entrance  into the building,  for safety reasons and so chat



                    all participants  can see the public  hearing,  we've asked



                    that everyone please refrain  from bringing in or displaying



                    signs,  banners, or posters  in the building,   We ask that



                    you please be courteous with others  who are  speaking and



                    refrain from expressing support or opposition to comments



                    the speaker is making,  Ae we proceed  through the hearing,



                    if you have nsed, for  whatever  reason,  to reference the



                    draft EIS  or appendices, copies of   these documents are




                    available for reference in the foyer  entrance.   Also,  if



                    you did not already  receive  a CD version of the draft-EIS




                    document,  a limited  number of CD's of the draft document



                    are available at the reference table on a first come, first



                    serve,  basis.  If we run out  and you would like to receive



                    a CD copy, you  may also leave your name and  address with



                    the person at the reference  desk and a CD of  the  draft



                    document  will be mailed to you.



                                As previously stated,  in order to speak at this



                    hearing,  you muse register at the registration desk in the



                    foyer or  entranceway, indicating your  desire to speak.  If



                    you didn't come here intending to speak,  but  change your




                                                5
                          mind during  th@ course of  the hearing,  you,  too, moot



                          register at the registration desk.  Our planned five minute



                          comfort breaks approximately every hour should provide the



                          opportunity for you to register to speak, if you  haven.' t



                          already done  so.  You may not,  and J want to repeat  it, you



                          may not  register to  apeak  and then  give any portion of



                          your speaking time to anyone else.  If you speak and do not



                          take the full five minutes allotted,  we  will proceed with



                          the next speaker on the list,   Kfo one person may speak more



                          than once.  We'll be calling out the names of  those people



                          who signed up to speak  in the order  in which we  receive



                          them.  I  wil 1  announce each  person,  as  wel 1  as the next



                          name,    In  order to  keep things moving as efficiently as



                          passibl©, as  the speaker  ia coming up  on the podium to



                          apeak,  we're  going to  ask  that you come up to  this  side of



                          the podium, and the second person, for example, we aek that




                          you move down to the front row.



                                      In order to  keep things moving aa efficiently




                          as possible,  as  the  speaker  is coming up on the podium to



                          speak,  the  next person to speak is asked to mova toward the



                          podium.   Again,  you must  limit  your  comments to no more



                          than five minutes.   At the four  minute mark, we will hold



                          up a card indicating that you have one minute remaining, so



                          that you can  begin winding up  your comments.  In fairness




                                                     6
MTM/VF Draft PEIS Public Comment Compendium
B-5
Section B - Kentucky Afternoon Session

-------
                                                                                                                        Dink Shackelford, Virginia Mining Association
                   to everyone who wishes to speak,  whsn we hold up the card



                   indicating  that  your time has expired,  please  end your



                   comments.   If you  have more comments,  or  just  want to



                   submit written comments, you may place it in the box at the



                   registration table that  was provided for receiving written



                   comments  or mail  it to  the previously identified  EPA



                   Philadelphia addreaa. I want to add one thing here  for the



                   written comments.  The timekeeper that we have, the clock



                   that we have, makes  a ticking noise,  so  please don't get



                   excited about that ticking noise.   It  will ring at the time



                   when the five minutes is up.     Again,  all coswnents will  be



                 j  tranacribed.   We ask thoea that  are speaking to please



                   apeak clearly,  loudly enough to be heard,  and to be mindful



                   of  the fact  that  the  transcriber  is  trying to catch



                   everything you're saying.   If the transcriber is having



                   difficulty hearing or understanding what you are saying,



                   they may  stop you and  ask you to speak  up and/or repeat



                   what you  just  said.   We  ask  that you begin speaking by



                   clearly stating your  first and last name and indicating the



                   community  and  the  state  that   you  are from.    When



                   transcribed, the  oral comments and written comments  will be



                   incorporated into a  cownent summary document and will be



                   part of  the final EIS  document.   All  comments  will be



                   considered in development  of a final EIS document.  Copies




                                               7
                          of the comments summary docutsent will be  available  upon



                          request  in association with  the  publication  of  the  final



                          EIS.



                                      The  first  speaker is Dean Shackelford,   The



                          second speaker  will  be Bill  Cayior.   While the  first two



                          speakers are making their way to  the podium, I'll ask each



                          of the  agency  representatives  to introduce  themselves.



                          After the introductions, I'll say, "Mr. Shackelford, please



                          continue."



                                      Mitchell Snow, U.S. Pish and Wildlife Service.



                                      I'm   Russ  Hunter with   the   West   Virginia



                          Department  of Environmental Protection.



                                      And I'm John Forrert with BPA.



                                      Katharine  Xrott  with  the  U.S.   Corps  of




                          Engineers.



                                      And I'm Jeff Coker with the Office of Surface



                          Mining.



                                      DINK  3HACKELFORD  I  would like to thank this




                          committee for the  opportunity to submit comments concerning



                          the  Draft   of   the   Programmatic  Environmental  Impact



                          Statement.   1  am  Dink Shackelford,  executive director of



                          the Virginia Mining  Association,  or VMA.   VMA repreaents



                          over seventy percent of  all  the  coal mines  in  Virginia.
MTM/VF Draft PEIS Public Comment Compendium
B-6
Section B - Kentucky Afternoon Session

-------
          1-12
        10-3-2
Me' re comprised of more  than  seventy  members  made up of



coal producers and various vendors and supplies  who provide



services  to the  coal mining  industry.    In  abort,  we



represent  thousands  of  hardworking  coal  miners  and



taxpaying  citizens,   their  families  and  companies  in



Virginia.



            With regard to the  proposed BIS,  any changes to



the  existing rules  need to be  considerate of potential



ramifications that hinder the mining industry's ability to



provide  the  economical  energy demanded by the American



public.    Virginia coal  mining industry has demonstrated



itself as capable to mine coal responsibly, while providing



lands suitable  for a diverse range  of  activities, mineral



lands suitable  for facilities  such  as  hospitals, schools,



shopping  centers,  as  well as  farm and timber  production



have developed  through the mining in Virginia.   Many raise



concern that the proposed rules will  drastically inhibit



future development of level lands  in Southwest Virginia



through mining.  For decades,  professional planners have



declared  the  number  one  problem  that  hinders economic



development in  the  Central  Appalachians is the  lack of



level developable  land.  The mining industry has helped in



the past and can help in  the  future to create level useable



land, ready for human development within our region.   It is




                            9
                                                                                                    10-3-2
                                                                                                       1-12
our fear that any regulation that goes too far in curbing




these currently accepted practices of the last twenty years



will be detrimental to the region  in  both the short and



long run.   In Virginia, we've built miles of waterline in



areas that everyone said why build thoae  there.   No one



will ever build  anything there.  Hell,  they were wrong.



Homes and businesses has sprung up all along those miles of



then lonely waterlines, juet as development will occur on



these itianmade level areas created as a result of today's



mining.     Don't   deprive  us  of  future  development  by



eliminating the incentive to develop these lands.



            The regulation  of  mining  does  not need to be



made more  cumbersome  by multiple  federal  agencies and



bureaucratic regulations.    The  overlapping  ~-  the  more



overlapping and the more attempts by federal agencies to



entrench themselves and 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  pries  and the working people who



meet this  demand.  It  further dismisses all the empirical



environmental progress made by our efforts to protect the



environment and  create  usable land  in the  last  twenty



years.   In  short,  this regulatory  act  could be  one  huge




                           10
MTM/VF Draft PEIS Public Comment Compendium
                                                                   B-7
                     Section B - Kentucky Afternoon Session

-------
Bill Caylor, Kentucky Coal Association
                    step backwards.



                                Thank you again for allowing me  co make these



                    comments.   VMA and  its  members  are proud to be a part of




                    this process  and  to be  providing  economical  energy to



                 ]   millions of  Americans.




                                MR..Cqkagi  After Mr. Caylor, our next speaker



                    will be Rebecca Mullins.




                                     G&yXiORt    I  have  about ten or  twelve
minutes lined up in presentations and have worked  on  it.



I was  wanting  to  give  a lot of  facts  and figures about



Kentucky,  and talk on the importance of the coal industry



and  its  effect on  the economy,  but  this limited five



minutes is  throwing things  a  little bit  out of kilter.



Sometimes  I  wonder,  you know,  why they  even  structure



things this way, but I will, to  the  best  of  my ability,



work within that time frarce.  For my benefit,  could I  see



a show of hands of the people that  are  here  to  speak  in



support of the coal industry  and the good job it's doing on



the environment and the economy.   I want to thank you  all



for coming.  I would encourage each and every one of  you to



just take your  tiRie and just walk up here and  say my nanie



is,  and state your name,  and  just  gay, "I support the coal



industry."
                                                                                11-1-5
                                                                                                   11-4-5
            Kentucky has been a historical leader in thia



mining coal over the years.  Currently,  we're number three



behind  West  Virginia   and  Wyoming.    We  mine  ~-  our



production peak is about 179  million tons  in 1990.  We're



down to about probably 120 Million tons last year and we're



going to go down  another 10  percent this year.  We have,



as of  2000,  we had close to  15,000 coal  miners,  making



about $46,000.00 a year on average.   Because we had close



to 15,000 miners,  we had a multiplied effect  of  three that



would employ more  people.   We paid a  Hundred  and Forty



Million roughly  in severance taxes.   We  generate other



taxes  of  over  Four Hundred  Thousand  in  other  general



revenues to the State of Kentucky.   When we sell our coal,



we receive a total of a little over  Three Billion Dollars



for the coal, and of that, we sell  about eighty percent of



our coal,  or  more, out of  state  and we  brought  in 2.5



Billion from  twenty-seven states  and  eleven  countries.



That's a lot of money to bring into  the State of Kentucky



and means a lot to the  economy.  Moat of that money stays



in the State of Kentucky and circulates  in  terms of wages,




benefits,   purchases of  equipment.    So,  it's  really



important,  our industry, to the State of Kentucky.   We're



like the Saudi Arabia,  how they tak® our money overseas.




We're bringing  monies  like  that  into  Kentucky  and it's




                           12
MTM/VF Draft PE1S Public Comment Compendium
                                                                  B-8
                    Section B - Kentucky Afternoon Session

-------
        11-9-5
turning around and around in our stat® economy.  So, it's



really important and I appreciate the job that  you all are



doing.



            We provide this country with cheap electricity.



The rate for Kentucky electricity is 4.1  cent per kilowatt



hour, and this  is the basis  for the economic recovery of



thie country  io on cheap electricity.    If  the price of



electricity goes up, it's going to slow  the  economy, it's



going to  slow the  recovery.   So it's  critical  in this



country that we do things that  will be a positive step to



generate economic activities, coal generates 97 percent of



Kentucky's electricity.    Me generate 52  percent  of the



nation's electricity and  that's going to fall a little bit



this year.   Probably natural gas is going  to make some




inroads, but  coal  will  stay at least SO  percent  of the



electricity production in this  country.  Nuclear cornea in



second at 20 percent, natural gas at 16 percent, and, like



I said, that  may go up  to 20,  but I feel it's going to



start coming back down, because the price of  natural gases



has shot up three to four times.   Then you have hydraulic



7 percent,  oil and renewables.  Renewablea raake up about 2




percent of our electricity production, and it does not from



the windmills, it does not come  from the solar panels.  So,



coal is  the  work  horse,  the  solid  work horse of this




                           13
11-4-5
country to generate electricity,  and 1  urge you not to do



anything that would change that.



            We pay a lot of taxes.   We  pay 35 cents a ton



for the abandoned mine  fund to reclaim the old abandoned



mine lands that  were  pre-1977.   We've  paid  the  Kentucky



operators  around Seven Hundred  and Eighty-Four  Million



since about 2000. And, nationally,  nearly Six Billion has



been paid,  and there's One and a Half Billion just sitting



there in Washington, waiting to be used to reclaim some of



the old abandoned lands that were pre-1977.  The production



in Kentucky has  bean  declining over the number of years.




The number of mines in  the last  fifteen years or so has



declined at  least by 80  percent.   The  employment  has



dropped probably 61  percent in that  period of time.  Over



the last coupl© of years, that's probably even exacerbated




and gotten worse.   The current  activity is what's been



saving us.   The  American coal miner is probably  the tnost



productive  worker in America,  and productivity increases



has shown a 77 percent  increase.   That's how  we've been




able to afford to shrink everything an<3 stay in  business



and compete on such  a  cotqpetitive market.



            Nationally,  raining over the last ten or twelve



years has stayed flat.   Eastern Mississippi and  Western



Mississippi received the growth and  that  growth is coming




                           14
MTM/VF Draft PEIS Public Comment Compendium
                                                                   B-9
                                 Section B - Kentucky Afternoon Session

-------
Rebeca Mullins, private citizen
        11-8-5
          1-12
from that area called the Power River Basin, which ie long



and we've seen their production go from 164 Million tons in



1988 to almost 400 Million  tons today.  Last year,  it wae



almost 375 Million tons.  That's where all the production



Is coming and  that's where the  jobs -- that's where all the



action  is.     It's  not  east   of   the  Mississippi,  and



especially not in Kentucky.  And one might ask why is all



this mining happening there.   It's  because  the  seams of



coal  are 40  to  50 feet thick, as  opposed  to here  in



Kentucky where we mine coal  that is 3 to 4 feet thick.



            Production   trends  in   Kentucky  has   been



decreasing.   We probably mined close to 120  Million tons



last year.  This  year, with  the trend....



            MR. gOKBR:  Your time is expiring.




            MR. CAYI.OR;   I'm  sorry about  that.   But I'm




going to in closing say two things.   We need to back off



the policy,  the change in policies.  We need to get back to



where we were  several years ago and make this investment



helpful and we do not need more regulations.   Thank you.



            KR. COKHft; After Ms. Mullins,  our next speaker




will be  Veronica  Sawyers.   Bennett  Sawyers  is  after Ms.



Veronica Sawyers.



            REBECCA MULLINSi  My name is Rebecca Mullins
                                                                                                  11-1-12
                                                                                                      1-12
                                                                                                     11-2-2
atid I'm from Jackson, Kantucky,  My husband has worked in



the coal fields since 1078, and we've raised two children



from  his  income  from  the  strip jobs.    This  area  is



dependent  on the coal and mountaintop removal.  Without the



jobs we have because of this  industry,  most of this area



would have to relocate.  What use are the mountains to us



other than coal?  My husband works for Miller Brothers Coal



Company and he operates a Dll dozer.   They have a great



work record  tot the safety  of their men and they do a great



job  at  reclaiming.   For  instance,  without  mountaintop



removal, we  would not  have  been able to  buiId  the Coal



Field Industrial  Park.   We have  hard times  with  every



factory closing and going  overseas  and leaving this area



with nothing,  When  are you going to start thinking about



us instead of  the environment?  We  don't  have much here



that we can  make a living at.   They are too many rules and



too many regulations that  are strangling this area.  Just




to mention a few are tobacco and logging industry and the



new regulations on coal fields,  This area  is so depressed



that tsany people are already  out  of work.  What  are  we



going to do about our livelihood when  you take the strip



j obs  away?   Are  you  going to  come  here and  feed  our



families and pay our bills?  I don't think so,



            You sii:  up  in  your offices and decide what's




                           16
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                                                                 B-10
                     Section B - Kentucky Afternoon Session

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Bennett Sawyers, private citizen
         5-1-2
        11-6-2
supposed to be good for us.  Well, all I can say is that we
need our jobs,  because we can't afford to have  our lives
destroyed.   You can go home and think of other  things to
do, but I think that svery time you flip the switch to turn
lights on  or use your  thermostat  for electric and  air
conditioning and heat,  you  should think of the  coal that
was stripped to  make it available at  such a reasonable
price.  And when you take our livelihood away from us,  1
hope you remember every man, woman and child you destroyed
with your intrusions in our  lives.  Thank you very much and
you all have a  nice  day.
            HR.  COKBRi.  After Bennett  Sawyers, our next
speaker will be Lonniffi  Starnes,
            BK8NET1?  H&WYBRgj-   My name is Bennett  Sawyers
and I'm from Knott County, Kentucky,  and I'd like to spaak
a little bit on this URCuntaintop removal.  They shouldn't
be allowed  to divert their water onto other — unless we're
being paid  for our property, and downstream and tearing up
our property.   I'm not  against  the working man  or  the
mountaintop removal,  but I  am against destroying  private
property,  you should put the water on the people that you
pay the  money to, that  you're buying the  property.   And
you're destroying the  timber.   I can't see  what  you're
doing with  it.   Some of it is pushed  over the hill  and
                           17
                                                                                                   16-1-2
                                                                                                   17-2-2
burned.
            And  another  thing,  too,   on the  blasting.
You're blasting,  the ones that is using blasting,  it's too
heavy.  It  is  destroying our  houses,  the footers.   It's
busting up the foundations in the house.  Even the pictures
on the wall  fall off the wall,  and I've seen refrigerators
move, bounce  up off  of  the  floor.    How,  that  is  too
powerful.   They should appreciate the people around here
and respect  them more,  and not do things like  that, because
I  know  there's a  law that  they're  breaking.   They're
breaking the law, because they're blasting too heavy,  and
I know,  because I've seen them  set those  seismographs and
I've seen them be right beside  the house.  1 sure have. 1
seen one shaking his head now and I know, he said I thought
you had  seen it.  The engineer was standing right there and
had it in the ground and. smiled.
            &a I  said, I'En not against  the working man and
not  against mountaintop  removal,  but   they  should  do it
right, and maybe these hollow fills  and these ponds that
they're building  are endangering other  people's lives down
below them,  downstream, and all  of this  loose  dirt  and
rocks is going into the  lakes  and  filling up the lakes.
Pish Trap Lake is catching  it all, in  Pike County, and if
you don't believe flte,  go up there and  look at it, because
                            18
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                                                                  B-11
                     Section B - Kentucky Afternoon Session

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Lonnie Starns, private citizen
                                                                                        Donald Rex Napier & John Blankenship, private citizens
          1-11
they've been mountaintop removal all around ma right there)



so that's about all  I've got to say.



            If  you'll  allow  me  to  apeak  on  a  little



logging, will  you do that, on  logging,



            MR.	CQKBKj  This don't have anything to do with



logging,



            Mr. Sawyers;   Don't have nothing to do with



that?  Okay,  Thank  you,



            MR. COKBR;  Apparently, gome people in the back




are having  trouble  hearing.   Please  feel  free  to move



forward and we'll try to apeak a little bit  closer  to the



mike when you  speak, and you  try to get a little closer to



the mike so  they can hear a little more clearly. After Mr.



Starnes, our next speaker will  be Donald Rex, I think it's



Sapier.



            MR. Lopns  3TAKHS;  My  name is  Lonnie  Starns




and I'm from Hazard, Kentucky,  and I'm for the mountaintop



removal.  I think mountaintop  removal  is  one of the best



things that  happens in Eastern Kentucky. I worked 32 years



in mountaintop removal and you  can go back there where you



can build stuff on it and water and stuff is good.   1'iti for



mountaintop removal.  Thank you.



            MR.COKBRL    Donald  Rex Napier.   After Mr.
                                              19
                                                                                                     1-12
                                                                                                    5-5-2
Napier, John Blankenship will be our next speaker.



            POKMiB	RSXm.fJ.mt   I'm Donald Rex Mapier.



I've lived here most all my life.  I was born and raised in



Perry County.  Without  mountaintop removal  in  this  area,



the City of Hazard  would not be as it is today,  nor  would



we have improvements of the road and the areas that we have



here,   and  I  feel  that   the  addition  of   additional



regulations  i&  unwarranted.    Public  Law  95  set  forth



perimeters that have been followed by the  coal industry  and



have cleaned up enormous  amount of stream areas in this



area frotti the old pre-law mining days, and I feel that  th®



addition of  additional  burdens on the  coal industry  is



unwarranted and unnecessary.  Thank you.



            MR.  COKBRi   After Mr. Blankenship, our next




speaker will be Harlan Farler.



            John BlanfcanahiB 8.   I want to thank  the  panel




for tha opportunity to speak.  My name is John Blankenship.



I live in Pioneer,  Tennessee.  I've worked in Kentucky  in



the coal fields the past thirty years.  I think that  a  lot



of the bad reputation that the coal industry has picked up



is because we've not looked at what the  industry has done



since the passage of the '77 Act.   Any of the regulations



or the papers 1  read, 1 don't see  anything  that's spoken
                                                                                                                                         20
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                    Section B - Kentucky Afternoon Session

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Harlan Farler, Jr., private citizen
                                                                                                                       John Ledington, private citizen
         5-5-2
        19-3-2
about;  th©  waters we've cleaned up,  the feiaoral
we've created,  the intermittent streams we've created, and
in certain cases  the perennial streama we've restored.  All
we hear is about  the head of the hollow that  we've filled.
But when I  came here today,  and you look around Hazard, you
see the hospital, you see a  lot of development a around here
are all done on strip rained land.  Those would not be here
without sufficient area to develop those sites on. I think
that the industry has done a great job since the passage of
the '77 Act.  I think we have cleaned up much more than we
have interrupted,  and I believe that  if you look at the
303D list,  you're going  to  see that  mining doean't really
impact a lot of  the waters in the State of  Kentucky, but
there is a lot of impact from other   things.   Maybe we
should concentrate our efforts on working on cleaning up
the majority of the problems,  since we're doing such a good
job keeping  ours  clean  and  taken  care of.  Thanks,  I
appreciate it.
            MR. CQKER! after  Mr. Farmer, our next speaker
will be John Ledington.
            HARLAK FARI.ER, JR.I  My name is Harlan Parler,
Jr., and I'm  a Perry County  resident all my life and I work
for Pine Branch Coal Sales and I think we do  a good job on
                                               21
                                                                                                   19-3-2
                                                                                                   19-3-2
       ing.  We've got cattle oa our -•• not our cattle, but
cattle on  th« lands we strip and they cut  hay off of it.
They's deer on there,  they's turkey on there,  They's all
kinds, you know,  development to where you can build on it,
or pasturize it do about anything you want to, and the old
hillsides,  you  can't  do nothing  with it,  because  it's
straight up and down, you know.  I'm  all  for strip mining.
It's how we support our families.   It  looks like the other
jobs are getting bad  and everything  relates  to  the  coal
fields.  I  know  that some companies does a lot better job
at reclaiming than what others do,  but  just  because one
company gives ua  a black eye, don't make everybody have a
black eye in the  coal  fields.
            pi.  CQKlRi   After Mr.  Ledington,  our  next
speaker will b6 Dave Mockabe®.
            JOBS  IiEPIlCTrOHt  Thank you all  for letting me
be here and have  a time to talk to you today.   I'm a rains
engineer.   I've  spent niy whole  career here in  the  coal
industry.   You know,  I kind  of like  to look at it  from a
wildlife standpoint.  I like  to fish  and hunt and so on,  I
guess as anybody  in  the  room,  and, you know,  I've  seen a
lot of really good reclamation and I've seen a lot of  good
habitat created  and, you know,  I  think that  there's  many
                                                                                                                                          22
MTM/VF Draft PEIS Public Comment Compendium
                                                                 B-13
                     Section B - Kentucky Afternoon Session

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Dave Mockabee, private citizen
        19-3-2
        11-1-5
         5-5-2
habitation created and a  little  bit  of edge effect that



we've created by some of the areas that we've reclaimed and



so on,  it's been a good thing.  Alao, I think we've learned



a lot about reforestation  and  things  of that nature that,



you  know,  we've shown  that  we can  do a  good  job with



regulations and I really don't aee any reason to  try to do



anything any different.  I think  we're  getting better all



the time.  Thank you.



            MR, COKBR;    &£ter Mr.  Mockabee,   our  next




speaker will  be Roger  Jones.




            DAVB MOCKftSBBi  Thank you,  committee gentlemen.




My name is Dave Mockabee and I live at  London, Kentucky and



I'm the branch manager for  Hhayne Supply at both Corbin and



Hazard facilities.   Coal raining directly impacts a lot of



employment  throughout this  group.  I'm primarily talking of



whayne  Supply/  its eighty-nine  employees in Hazard,  a



hundred and  fifty  in  Corbin,  and counting Pikeville and



Ashland, probably up to  four hundred  employees in Eastern



Kentucky,   and  also  impacts   twelve   hundred  employees



statewide.




            The environment that  we  deal with here  in



Kentucky,  I think that coal mining has  absolutely cleaned



its act up in the last  several years.  Our Hazard facility,




as a matter of  fact, sets  on strip mining, its reclaimed




                           23
                                                                                                     5-5-2
                                                                                               3      7-2-2
mining.  On strip land Is the hospital, restaurants* motel



and quite a few manufacturing facilities.  And in trying to



make a comment here about the rocks that  go  to the lake, I



didn't think  rocks flowed down  the  lakes.   I think they



stay in the creeks.  I think the water quality problems or



comments  I 've heard,  are more  directly related  towards



sewer probably than they are mining, and even that, that



was cleaned up by the Pride program.  My best concern is to



put more pressure from mis-informed people, as th® thing



happened here recently with  the  airport,  with some buyers



of land here in Eastern  Kentucky, and the articles I read



about that,  I was cjuite concerned, because they didn't talk



about reclaiming and they didn't  file the  reclaim land.



And the reclaim land is important to us.   It  makea us land,



it puts facilities down  and  it helps get jobs here.



            The wildlife in  Kentucky has improved,  We've



all, the ones that live  here and work here,  have seen the



deer,  the elk, and the  turkey,  and  twenty  years  ago,  we



didn't see it.



            Energy  independence  is  important  to  this



country.   We read about it and we hear about it every day,



and I  don't think  we need  to  take  that  away from  our



country.   It's a major issue  with this country and I think



it's important to be considered.




                           24
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                                                                 B-14
                     Section B - Kentucky Afternoon Session

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Roger Jones, private citizen
          1-11
        11-1-2
        11-9-5
            In  short,   I'm  for  taountaintop removal  in
Kentucky, if it's done correctly.  And the mining companies
out there today do it right.   Thank you  very much.
            MR. COKESL  After Mr. Jones,  our next speaker
will be Leonard Davis.
            R8SIS_
-------
        5-2-3
coffee and it came out  black,  and  for a long time I had a
Mason jar of chat water.   It  was really, really, sad.  It
took those folks about  eight or nine years  to get any kind
of  justice  and condensation.   There  are seven,  other
families who lost their  wells,  or their  cisterns were
cracked.
            I'll tell you, years ago when there was -deep
mining, people  lived comfortably with the coal industry,
but it all th
-------
                                                                                                                   Dave Cooper, Kentuckians for the Commonwealth
                                                                                                                                                       and the Sierra Club
       19-3-1
sign on  top  of Rock Mountain and it says,  "Here is  our
treasure,"   We  save.    Their  conservation effort  was
difficult, but  they did it,  and  they  have conserved  a
virgin  forest   and  mountains  and fisheries  and  clean
streams,   People think  the  auto  industry  is the  biggest
industry in Michigan,   It ain't,  The biggest industry in
Michigan is  tourism  and recreational.  And, as a preacher,
I'll tell you those are  spiritual needs that everybody has.
And I love Kentucky.  I chose to come down here,  I love
Kentucky, but as citizens of Kentucky, we have  to  cry  out
and beg for the laws of this country to at least help  us,
and shame on anybody who is a part of violating these  laws.

            The Strip  Mine  Act  in  1977  says  that  the
contour of the  mountain has  to be restored accordingly,
except for development.   How, an exception is  not the  rule,
right,  But they have wade the exception into the rule  and
the rule  is  now the exception and there's now a lot  of
hypocrisy about what they consider as development.   8rass
is not development.   Thank you.
            MR.  COKER;   Okay,  ws've asked you all  to  be
courteous of  each other and ws'd appreciate it if you'd do
that,  and we're keeping tha time up here.   He'll do  that.
We don't  need anybody helping us with that, BO please just
                          139
                                                                                                      1-91
                                                                                                    9-1-2
cooperate and giv& everybody  a  chane© to have their say.
Mr. Cooper is going to be the next speaker  and after that
Joyce Wise,
            pavs COOPHEi  I' m Dave Cooper.   I' m a  member of
Kentuckians  for the CoRMonwealth and also the Sierra Club,
I'm here tonight because I oppose mountaintop removal.  I
spent the last year studying nountaintop removal,  as an
employee of  the Ohio  Valley  Environmental coalition in
Huntington,  West Virginia,  I spent the last three weeks
traveling all  over the  coal  fields  of  Southern  West
Virginia taking pictures of wountaintop removal and valley
fills,  talking to  homeowners about how it affects them.
            You know, it takes  a  really uncommon love of
denial  to look at these  mines  and these  reclaimed mine
sites and not see  we're destroying our back yard.  Me're
destroying our communities.  We're destroying our heritage
and we're destroying our future  economy of Appalachia.  We
have,  right  here   in  Appalachia,  abundance of quality
hardwood timber and fresh water.  Both of these commodities
are going to be hugely important to future  generations,
Three hundred thousand  acres of  the  most  biologically
diverse and  productive, teittperate, hardwood forest in the
world have been destroyed or will be destroyed, turned into
a  moonscape  by  mountaintop  removal,    That'a j obs  gone
                          140
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                                                                 B-73
                      Section B - Kentucky Evening Session

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       10-6-2
forever.  Bndurment Mater Company, RWE, ig buying up water
companies  all  over America.   Why?   They're not  stupid.
They  know that  fresh water  ia going  to be  to future
generations what oil is to this generation.  It's going to
be hugely profitable.  That's why they're buying the water
company in Lexington  and  West Virginia and Illinois and
everywhere else, because  they're going to make  money fron
it, jobs,  and profits.
            He have here  in Appalaehia a hugely important
resource for our future economy and that's frefih water and
timber.  We can make  lota of money and  have lots  of joba
from it, folks, or we can destroy it  forever and  bury it
underneath valley fills and mountaintop removal, and then
we'll be right where we are today.
            You know,  I live  in  Lexington now.   Lexington
is busting at  the seatne.   They can't build houses fast
enough for people  to  move  to Lexington,  Why are people
moving to  Lexington?   Because  it's  beautiful.   They've
protected the horse farms  around  Lexington.  People want to
live where it's beautiful,  where the  air  ia clean, where
it's pretty to look at.
            I'll tell you another city  that's busting at
the seams, one  of  the most desirable cities in America,
Ashville,  North Carolina.  Today the housing prices are
                           141
                                                                                                    10-6-2
                                                                                                        1-5
going through the roof there.  They can't build houses fast
enough.   why?   Because they  have  beautiful mountains.
That's how you build your economy, by protecting you beauty
and your natural resources.   If you destroy  it, you won't
want to live there.  That's why I don't live  in New Jersey
anyitiore.  People don't  want to  live in a wasteland.  They
want to live somewhere  it's beautiful.  If you want jobs,
you want a  good  economy, protect  what you've got, don't
destroy it.
            you know,  future  generations,  our children,
their children,  are going to think that we  were insane for
what  we've  allowed  to  happen  to   the   mountains  of
Appalaehia,  A million years from now,  or a thousand years
from now,  the mountains around here are  still going to show
the sears  of what we've allowed  to happen right here in our
lifetime.   This BIS,  724 documents,  724 miles of  streams
have been buried by valley filla  between  198S and 2001.
1200 miles of streams have already been affected by valley
fills.  The aquatic life downstream of  valley filla, being
harmed or killed.  Without additional restrictions,  a total
of 2200 square miles, square miles,  of  Appalachian  forests
will be eliminated by large scale mine  operations.  Polks,
that's jobs, that's our economy.  What  are we  doing here?
                                                                                                                                           142
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                                                                  B-74
                       Section B - Kentucky Evening Session

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Joyce Wise, Kentuckians for the Commonwealth
            1-5
            1-5
            ton know,  the recommendations,  after  clearly
listening to all these problems,  what do they do?  They go
ahead and streamline the permitting process, making it even
easier to destroy  even  more.  You know,  none of these are
acceptable,  these alternatives that are offered in this BIS
are acceptable to  me.   Thank you,
            MR.  COKER:   As Ms.  Wise  comes up, the  next
speaker will be Kaaeana Jones.
                         I'm Joyce  Wise.    I  live in
Morehead,  Kentucky, Rowan  County,  and I'm  a member of
Kentuckians  for ths Commonwealth,  I drove hare today for
two hours, because it's unacceptable to me what this report
says.    The  alternatives are not good enough.   They're
totally unacceptable.   I  oppose  this report,  and the
reasons are,  yes,  we're proud of our mountains, but where
have thay gone,
            You know,  I'm not an enemy of  the coal,  but I
believe that  we can't afford the luxury of standing by one
second longer and  allow other  people  to  rip us off and
strip us down to we have nothing, not ev®n a taste of clean
water,  and  I saw a little boy out front.  He was so cute.
He  had a trainer's  hat  on  just like  his daddy or his
grandfather,  which.   And  I thought  he's  probably got
generations before him that  were coal pinars, but I bet you
                           143
                                                                                               I    17-2-2
                                                                                                     5-5-2
anything they wertn't  generation*  before him  that  were
strip miners.  And it's  important that we think about these
little people, our children, our grandchildren.
            We can't  think that  we  can continue to strip
our mountains and land when we probably only have twenty to
thirty years left  of  mountains.   We want to  know why our
air is so cloudy and tnurky  and you can't see the  clear blue
sky, or we  don't have those beautiful trees to  filter the
pollution and  to restore the water,
            Somebody aaid something  to me when I  was coming
into the auditorium.  They  aaid, you know, it's a aad thing
that it had to come to this,  meaning a forura,   a hearing,
Yes, it ia.  And I take responsibility for some of that,
because I  had my  head in  the  sand  back  when  they  wer®
making these strip mining  rules, but  I don't have my head
in the sand, because I remember what  happens to communities
that are victims of strip mining and have sludge ponds and
valley fills,  and I have  not  forgotten what happened in
1972 at Buffalo Creek,  West Virginia,  and we are on the
verge of that same kind of disaster,  where  it  wipes out
hundreds of people and  they don't have a heritage laft or
a clean drop of water.
            So I want you  to please  consider why I oppose
this and see that it's unacceptable.  1  mean, you know, if
                           144
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                                                                 B-75
                      Section B - Kentucky Evening Session

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Kaseana Jones, private citizen
                                                                                                 Teri Blanton, Kentuckians for the Commonwealth
           1-9
the rich  can  get  a bottle of water from Europe or  aotae
other place,  that's fine, but I  can't, and  I  want  claan
water here in Kentucky, because  we deserve  it,  and  there
are alternatives to coal.  Thank  you.
            MB.  COKKRi  Ae Ma, Jones works her way to the
stage, our next  speaker will be Teri Blanton.
            KMlMtt.. JOMlg.1. Hi.  My name is Kaasana Jonea.
I'm twelve years old and I live  with my Aunt Teri,  who's
here right now.   I'm  from Harlan,  Kentucky,  and I  don't
know much about  this BIS stuff or whatever,  but I do know
that I oppose  mountaintop  removal, and that  this EIS ia  a
big lie and it's  stupid,   and I think  that  it  is because
they cut off  the  mountains and they throw  them into the
valley.   They  cover up our water  and the water gats  dirty
and we drink it  and we gee sick and all that happens  for  a
dumb piece of coal, you know.  And, coal mines, 1  think
that they -- coal, do the coal thing for their families, to
support  their  families, but,  you  know, there's other  jobs,
there's  other  options  in this.
            tad,  also,  I'm  worried  about  »y future,
because,  you know, Z'm not old,  and no offense.  Some of
you will be dying before  I will, probably.   But if  it's
God's will, I'll be going on and I'll be left  with  your
all's mesa,  and  I  don't know what  to do with it, you  know.
                          145
                                                                                                       1-9
                                                                                                       1-9
I tneaa I'm not going  to be the president or anything,  you
know, but —  and I just want to stop this now.  Thank you.
           MR, .CQK1R)  As KB. Blanton comes up,  our next
speaker will  be Lyle  Snider.
           gEKI  BtAtnMMi   Maybe  if  she keeps going,  she
will be president.  Hello, i«y name is Teri Blanton and  I'm
the  chairperson   of  a  grassroots  organization  called
fentuckians  for  the  Commonwealth.   Thank  you  for  the
opporttmity to comment  on the Draft  Environmental  Impact
Statement on  taountaintop removal and valley fills.
           The people  living here in  the  mountains,  we
don't need a five thousand page  study to tell us that
mountaintop removal is a terrible problem, destructive,  and
wrong.  We live with that reality  every  day.  Ma live with
the damage caused by  excessive blasting.   To level these
ancient mountains, coal companies use explosives  that  are
hundreds of  timaa more  powerful  than the ones  uaed  the
Oklahoma City blastings,  bombings.  These blasts crack  our
foundations and ruin our drinking wells and  shatter  our
peace of mind.  Mountaintop removal is also responsible  for
itK>re frequent and  more severe flooding.   It has gotten to
the point  where nearly  every rainstorm causes  the same
damage as the so-called fifty year flood.
           Mountaintop  removal  and  valley  fills have
                           146
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                                                                 B-76
                       Section B - Kentucky Evening Session

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           1-9
           1-5
buried or  destroyed more  than 1200 miles  of headwater



streams.  These stream are important tor the health of the



aquatic echo system.  They are also the  original source of



drinking water for the vast majority of KentueJciane who get



their water  Iron the  Kentucky,  Big Sandy and CuRtoerland



Rivers,    Mountaintop  removal and  valley  fills  have



demolished  nearly  seventy  percent  of  our  Appalachian



forests.    These  forests have gone forever.   Nothing of



value will grow  on the poison type  soils  that  are left



behind.



            The  studies in the BIS report are  what  we have



known all  along,   Ptountaintop removal  and valley fills



cause widespread and irreversible damage to the environment



and human communities of the mountains.  These practices



are illegal,  immoral, and they should be banned.  Yet, the



EIS  fails  to recommend any  proposals  that  will  make  a



meaningful   difference,    In  fact,   the  recommendations



contained in this report are  a  sham and a shame.  Hone of



the  options  presented  will  make  a better  future  for



Kentucky  or the region.  They  do  nothing to address the



real problems caused  by mountaintop removal  and valley



fills. Rather, they will only make it easier  for the coal



industry  to seek and obtain permits to  continue with the



total destruction of our land, water,  and  people.  This




                           147
                                                                                                         1-5
                                                                                                        1-10
report is a sh&iaeful and dangerous gift  froth George Bush to



the coal industry,  It 10nores the science and everything



Is  about  what  mountaintop removal  mining  is doing  to



Eastern  Kentucky  and  the Appalachian Region,   It  ignores



the public's demand  for clean  water, health environment,



and  safe  coiffiaunities.    It   is  a blueprint  for  the



dest ruct ion,  not   the protect ion  of  our   homes   and



environment:.  The coal industry is crippling Kentucky and



the Bush Administration is cheering them on,



            1 am opposed to any changes  that  will  weaken



the laws and regulations that  would take cle&n water.   In



particular, I  oppose the  proposal  to  change  the  stream



buffer zone rule that prohibits mining  within one  hundred



feet of stream®.  This rule should be strictly enforced fox-



valley fills and in all other cases. I  am angry about this



report,  and I'm  outraged at   the  failure of the  Buah



Adminiatration  to   take   a   stand  against   th©   total



destruction of  our homeland,  X  am sickened by the  actions



of an  outlaw coal  industry  thae  cares  nothing for  the



thincfs we value most.



            Oddly enough,  1 also hav© hope for our  future.



I know  that we  can  choose another path.  I am confident



that people here in the itiountains and everywhere are waking



up to the fact that coal is not our savior and coal is not




                           148
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                                                                                                                     Lyle Snider, Kentuckians for the Commonwealth
       II-9-5
our future.  Today,  1 set and I listened to the industry
talk and one gentleman was talking about Parry  County  in
particular and how he hires ao many miners in Perry County,
so Perry County has been mining coal for eighty-nine years.
A half a Billion tons of coal has been extracted from Perry
County.  Twenty-nine percent of the people live in poverty
in Perry County.  Mining employment,  coal miners — mining
employment has dropped from  20 percent  to leas  than  10
percent from 1990 to 2000 in one county  alone.   That's a
drop of  10 percent.   How our  communities do in poverty
rates in all of our major coal producing counties are over
20 percent and most of the counties have poverty rates over
30 percent.   Coal itdning  jobs  are decreasing rapidly,  a
half or more in roost counties since 1990.  The high school
graduation rate in ths coal mining region  peaks at about  60
percent, and  some counties  have only  a 50 percent  high
school graduation rate.   College  graduation  figures are
below  10  percent  in almost  every  Eastern  Kentucky  coal
mining county. So, the big lie is that coal mining is good
for the local economy.  The more dependent a county is  on
coal mining, the  higher the poverty figures.
            In Martin County, for exassple, mining wakes  up
30 percent  of the  jobs,  second in  percent after Leslie
County, and poverty rate is 37 percent, the highest of the
                          149
                                                                                                   11-9-5
                                                                                                   10-4-2
coal mining counties.   In Leslie County 36 percent of the
jobs are linked to  the  coal industry and the poverty rate
is 33 percent.   fhe Eastern Kentucky counties  that are
doing the best economically have been able  to  move away
from mining and bring in other kinds of businesses.
            A better future beyond coal IB possible.  Thank
you.
            M5*_JESK!m.  *® Mr.  Snyder comes up,  our next
speaker will be Amanda  Moors,
            ItEbUBSfifiU.  I'm Lyle Snider.   I live here in
Hazard.   I'm a  raenber o£ the KFTC.   I'm a nur»e.  I spend
a lot of my time documenting the extent to which folks in
this region are sick, or sicker than people in other parts
of the state and other parts  of the country.  Some of that
is due to the fact  that the  people  are poor.  People are
desperate hers  for  work, and sometimes it's so desperate,
they'll do almost anything.  But I think we can do better.
We need good water to  be healthy.   Me need a  job that's
safe and in which we're treated with respect.  Moat of us
in this area don't  have that.
            The coal  industry generally has not promoted
that, and we need to work together to create environment,
but we don't have to destroy  it.  They wouldn't be filling
the  valleys  in Louisville and Lexington where  the rich
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Amanda Moore, Appalachian Citizen Law Center
          1-10
people live.   They do that where people are poor and where
they're powerless,  and they do  it  also  in  Brazil,  where
they cut down  the forests,  the rain forests,  and they do it
in Africa.  We can do better,  and I  challenge all of ua to
find a sustainable economy where we  can all find good jobo
and not destroy our  environment.
            I' m opposed to any  rules and laws  that  will
weaken the regulationa  that protect clean water.   That is
really one of the most fundamental  things we  could  do to
promote good health.  And it's particularly sad to see, on
the one hand,  Representative Rogers and the PRIDE Program
ao working  so  hard to improve the quality  of water in these
headwaters that support all of  the state and many  other
states on the  way to the Mississippi,  while, on the  other
hand, we're destroying aspects of our water quality with
valley fill techniques.
           Thank  you  very  much,  I  appreciate   the
opportunity to apeak.
           IB..COKBR:  After Amanda  Moore, we'll take a
five minute break.
           AMAKDA MOORS:   i  just love to be  the speaker
right before the break, so I'll try  to be brief.   Tank you
for giving me the opportunity to comment tonight on the
EIS.  My name  is Amanda Moore, and I'm  an  attorney with the
                           151
                                                                                                       4-2
Appalachian Citi2ens Law Center in Prestonsburg, Kentucky,
and  I  just want  to  let you  know,  we'll be  submitting
written comments at a  later tiiae.
            At our office, we get calls all the time  from
people in Eastern Kentucky who are  harmed by mountaintop
removal  and  other   types  of  coal   mining.     Be   get
environmental  calls, we get property calls.  Se get calls
from miners who are discriminated against at work because
they conplain about unsafe working practices.  We get calls
from miners who are  now disabled because they have black
lung benefits  -- or thsy  need to get black lung benefits.
And I'm glad we've heard frosts  some people who have  been
harmed by these  ways tonight,  in fact, but I want to focus
on something different.
            I  want to focus on how  Environmental  Impact
Statement  is   completely arbitrary  and  is  completely
irrational,  because as  two different  groups of  people
worked  on this,  one  group  looked  at  the   impacts  of
mountaintop removal  mining,  and the other looked  at  the
proposed actions,.but  didn't ask the first group what  the
impacts actions were.   I particularly want to focus on  some
of  the significant  issues  that were  examined  in   the
Environmental  Impact  Statement and the  proposed  actions
that would address those  issues.
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         5-5-2
        13-1-2
            First, direct stream  loss.   this study says
that streams may be directly iti$>acted by mountaintop mining
principally by constructing valley fills on top of streams.
During the same period, 724 milea of  stream were covered by
valley fills.   This ia approximately  three times the length
of the Kentucky River.  Given this  impact, th« EIS proposes
to exempt valley  fills from  the stream buffer  zone rule,
meaning  there's  no  more law  saying that  you can't fill
these  streams or mine within  a  hundred  feet  of them.

            The   second   significant   issue,   stream
impairment,   This study aays 1200 miles of  streams have
been impacted  by surface mining activities in just the last
10 years.  That's almost as long as the entire Ohio River.
So, what proposed actions does the SIS hava?  The agencies
would  continue to  evaluate   the  effects  of  mountaintop
raining operations and  continue to work to  further refine
protocols, decisions and recjuireTOnts.  The actions liatsd
in both  kind  of deal directly stream  impairment.  That's
all we get. Impacted streams as long as the Ohio River  and
no significant proposed action.
            Nusrsfoer thre§, fill  immunization,   From   the
late 1980'a to the late 1990's, the average fill increased
in size  by 72 percent and  the  average length of stream
                           153
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                                                                                               I   17-1-2
impacted per fill increased by 224 percent.   In face,  an
area  the  size of  Mammoth Cave  has  been,  Mammoth  Cave
national Park, because when covered by  valley fills,  in
Kentucky alone.   The  EIS proposed  action, they always say
I'm going to continue the ongoing rule making process  to
clarify  obligations  of  the  operator,  and would  also
consider  whether  additional   future   rule  makings  is
warranted.     This  later  rule  making  might  increase
consistency with  the Clean Water Act, Section 404 program.
OSM may also find to  fill  immunization, in analyzation of
the ongoing rule  making.   Again, no real action.
            Number four,  flooding.  He all know flooding
has increased a lot in  the recent years,  You can talk to
anyone in your families who live up these hollows.  Be get
calls on this all the  time. This study even says there are
many  studies  within  this  EIS  that show  that  reclaimed
valley filla do increase flooding.  There's a 0SOS study in
there that  suggested that  mountaintop  removal  mining  ia
likely   to   increase  flooding   from  intense   summer
thunderstorms.  That's  what we'va bean seeing.   Bven the
Army  Corps  of Engineers  has  a  study.   The substantial
increase in the discharge from valley fills has raised one
hundred year  flood stage  by over two feet.   What's the
proposed action?   Again, nothing much.    The EIS  claims
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                                                                                                                                                Ted Adams, private citizen
       17-1-2
         7-5-2
it's difficult to generalize mining  impacts and -what not.
Due to site conditions, increases in peak runoff may not
cause or contribute to flooding, even though studies reveal
saying BIS say that it does contribute to this,
            Huflnber 5,  deforestation.  This is  a really big
one.   The EPA prepared a  cumulative  impact  study which
evaluated  the  potentially  adverse  impacts  of  future
mountaiatop mining in the  study area.   They found that
fundamental changes  to the  terrestrial  environment  may
occur from tnountlantop removal.  Biological integrity of
the study area may be jeopardized.  So, it finally leads to
biological collapse.   "That's a quote.  That's what we'll
have in the mountains if  this keeps going on.
            In fact,  the average intact of forests lost to
mountaintop mining in Eastern Kentucky alone,  from the last
ten years of surface mining permitted is  two hundred fifty
thousand  acres.   If  you  add past, present,  and  future
forest disturbance, the estimated amount  of forest loss in
Bastern Kentucky, Eastern Kentucky alone, over One Million
acres.  The Daniel Boons National Forest is only Seven
Hundred Thousand acres,   Think about that.   What's  the
proposed recommendation from the EIS?  OSM would develop
guidelines for po&tmining land use.  These guidelines would
be  compiled in the  best  measurement  practice guidance.
                           155
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                                                                                               !    11-8-2
Also,  if Legislative authority  is  established,  GSM over
prior reclamation of trees, Legislation could change SMACRA
to recjuire this.  However, any such legislation might apply
for an exception to  this  requirement,  whan an applicant
demonstrates that using other forestry you would provide
greater  environmental  benefits.
            Actions filled with mights,  mays,  and ±ta, are
not actions.  The people of Appalachia need to stop -- the
people of Appalachia need action,  we don't need mights,
mays,  and it a to stop the destruction.  I oppose the EIS,
thanks,
            MS.  COKSR;   We have Ted Adams and Rocky Say.
Would everybody please go back to your .seats, please, so we
can pick  up on the hearing.  Again, 1 want  to ask you folks
to please be courteous  and  respect everybody s  right  to
have an  opinion  and  express that  opinion  in this forum
tonight.   The  afternoon session went very  well  in that
respect and I hope you  all will  do the same.  Okay,  our
first speaker is going to be Ted Adams, And then Rocky Gay.
            3?SP JU3AM03  I'm Ted Adams from I,etcher County,
Kentucky  and I'm a coal operator, a small coal operator.
Some of these companies talking about how many employees
they have.   We're eight employees,  including the owners,
but I have  worked in  the coal fields  for  the  last twenty-
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         5-7-3
five ysars as a reclamation foreman and supervisor for some
large coal companies.   I  wish  someone  had  told me a f®w
years  ago that it  would have been  better to  stay off
working for somebody else,  because I didn't have any idea
what the problems  would be or the headaches or everything
for permitting  and  all these  things  until I  went  into
myself.  I didn't  realize all the taxes  you've got to: pay,
severance  tax,  excise  tax,  reclamation  tax,  and  the
bookkeeper told ms one fact today that  I didn't even know
about and that's not included on unmined mineral tax, all
these other things,  and  I said why didn't  somebody slap me
up the aide of  the  head a long time  ago  and  tell  nva how
much was out there.
            But I  thank th© Lord for the opportunity that
he's given me to  work  and give me the  ability  to  go out
there every day and  do that job and I'd  just like to share
a little of th©  things about the ™~ I've been working with
the Corp of Engineers on the mitigation  plan, and I really
didn't understand  it at all the firat time I went to meet
with them and I said, "With this Judge Haydan ruling," I
said,  "it wouldn't have anything to do  with us."  I said,
"We didn't plan any mountaintop  retnovala."  They said, *No,
but you plan hollow  fills."  Said,  "If you're going to put
a hollow fill in, you've got to  deal with us," and they was
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                                                                                                     5-7-3
                                                                                                    11-8-2
super nice Christian people and I thank the Lord  for that,
that they helped me through my ignorance,
            But there  is a lot of things out there that we
don't understand as a public.  Frankfort tell us  under 250
acres,  it  doesn't come  under  the  Corps  of Engineers.
That's what they told us before.  And they assured me that
that is not right.
            And just to share  with  you one little thing
that I think itiight need to be brought to your attention, on
one of the little hollow fills we had,  we did conductivity
readings and it real read good and it's going to coat us
two hundred thousand dollars  for a little  place  about the
length of  this  —  for a pond,  about  the length of this
building here for  a fill.   It's not wide, and will hold
very little, and all we could mine,  possibly mine out of
that would be 25,000 ton of coal. Anybody's figures would
tell you that we can't  Bine that.  The sad thing about that
la the man that lived at the mouth of that hollow  that owns
that land  there, he lives in  a house.   Me drilled him a
well and run water  into hie house. He talked to  the PRIDE
Program and they come up here and put him a bathroom in —
I mean they put him a  septic  tank in, but  his home was in
too bad a shape to put  & bathroom in.  This man is going to
get  nothing,  because  we  cannot pay  that  two hundred
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        11-8-2
       10-6-2
thousand dollars.  We're going to have to --  you know, w®
can't mine  this coal.   Hell,  the  people that  own the
minerals, they're paying unmined minerals tax and we can't
mine their coal.  When you permit their coal, their unmined
minerals tax goes up, and I  just thought that would be good
that they need to think about, and we've  been going back
and forth to Frankfort and  try to revise  the  permits, put
on bench funds,  and things  so we could mine some of their
property.  But we run out of time.  We've got to have the
araa reclaimed before that  time is allowed.
            So,  you know, the  state and  federal programs
need to  get  their  things  together.    But I am  so very
thankful to  the  people of  the Corps that  they've  really
helped us understand what we need in mitigation.
            But I wanted to  share just for a second  or two
about,  you know,  some of the groups they're talking about
what terrible things it's doing to our mountains.  Well, I
don't aee it  that way at all.   Me and my wife came back
from Pikeville Sunday and we coma through  23 down there and
all the  mountains,  there was  a  big  hollow  fill sitting
right out there  with beautiful grass  and it looked like
something you would see in Australia or  things where you
could  -- it  was  just beautiful,    I've lived  in the
mountains all my life,  and I don't like to see just  trees.
                           159
                                                                                                    10-6-2
Maybe if you're not from  the  mountains,  you likft to see
just tresa,  but, now ~- well, 1 guess I've said before, we
strip mined a place on top of  a mountain  close to where I
live  and after the  company,  major mineral holder got
through, why he allowed us  to build ^oise cabins back there,
and we use those cabins and we go back there and we'll take
our youth groups and we'11 church groups back there.  We
have weddings, annual  reunions, and people will  come in
from  Frankfort,  from  Louisville,   from  Cincinnati  and
things,  and they want  to stay  in our cabins, becauae it's
beautiful.   If you've  been back on top of a mountain, you
can ae« out.  I went back  there this spring and something
had happened,  I couldn't see the  forest for the trees.  I
always heard that  statement, "I can't see the forest for
the trees,"   Well,  that was  a  true statement, because the
timber had grew, and where I set on the porch and look out
over the mountains, we've  got  a eyesight,  so 1 had to cut
them down,  and I just  wanted to share with you events on
that,   Sometimes we don't see  tha forest for the trees.
We've got some people and this mountalixtop removal and it'a
beautiful.    Our job  is contour strip  mining,  but  right
behind us is a rising,  and  I  go up on  the mountain and look
over my new job.   It's absolutely beautiful, a tremendous
amount of land that can be used for  anything.
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Rocky Gay, private citizen
                                tad,  so,  I  thank you very much and I'm for us
                    being able to mountaintop removal and atrip mining.
                                MR.  COKBR.i_   Our next speaker is  Rocky Gay,
                    After Mr.  Gay gets up here, Kenneth Blair will be our next
                    speaker after that.
                                EOCKY fliVitt   Hello.  My  name is  Rocky Gay,  a
                    concerned  citizen  for  the  mountaintop  removal  coal
                    cotwpanies, the coal burning power plants and the future of
                    the State  of Kentucky.   I was  raised in the hills  of
                    Eastern Kentucky on approximately forty-five hundred acres
                    right in  the mountains,  and  winters are  bad sometimes.
                    When it snowa, a lot of  roads are  impassable  until the
                    weather breaks,  sometimes two days  and sometimes it's a
                    week,  and  most of the time during the snow, the electricity
                    is off for a day or a week at a time,  and if not for the
                    precious block of coal to put in the stove,  a  lot of ua
                    would not  be here  right now, because our  mothers and
                    fathers would have froze to death.  There's a lot of people
                    in the State of Kentucky  that  depend on coal, not only to
                    keep them warm in the winter,  but cool  in the summer.
                                The   Kentuckians  for  the   Commonwealth  of
                    Kentucky — the Kentuckians for the Commonwealth are trying
                    to  shut  down every  coal  burning power plant  and every
                    mountaintop removal coal company altogether,  and without
                                               161
                           good reason.   The people  frotn  the Kenfcuckians  for  th©
                           Commonwealth are trying to stop the development of, and the
                           future of the State of Kentucky is at risk.  They say they
                           want to choose a better  future  for Kentucky, and if  our
                           elected officials let them tickle  their  ears with their
                           falae statements, it will not only cost the state Billions
                           of dollars, it  will put  a atop  to  the development  of
                           Kentucky for generations to come.  Andre Copious,  a  co-
                           planner of  the Rally to End Mountaintop Removal, you said
                           the mining  industry is an outlaw industry, out to destroy
                           our nation's waters,  Hillary Lambert: of Kentucky Waterways
                           Alliance, you  stated the coal industry  Is destroying  the
                           streams of  water by dufiiping tons of rock and rubble which
                           pollute the  water,   eliminates   the  primary source  of
                           nutrients for aquatic life and fish downstream. You stated
                           it destroys forests,  kills salamanders, kills turtles.  You
                           aay  mountaintop  removal  has killed  wild   flowers  and
                           destroys the songbird's habitation,  I don't  know where you
                           get  your  information,   but it  is  not   true,  and  it's
                           misleading  the people of the State of Kentucky.  Reporters,
                           newspapers, senators, congress,  to anyone who  wants to see
                           the real truth  with  their own eyea,  so  the  people of  the
                           State of Kentucky can  see  what  the Kentuckians  for  the
                           Commonwealth are trying to get away with, please visit some
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                                                                                                                                                Brace Blair, private citizen
         5-4-2
of the hundreds of mountaintop removal sites  for yourself,
Sot only when the job is started, but  when it's finished.
Andre Copious of the Rally to End Mountaintop Removal and
Hillary Lambert of the Kentucky Waterways Alliance, where
I live in the mountains of Eastern Kentucky, the land has
never been mined, and  even after all  the  rain we've had
this summer,  in August and September, the creek will be dry
and the fish  will die,  and the salamanders  will pack up
their bags and head  out.  Remember, the land has not been
mined.  Who wants to se© it with their own ©yes right here
in  Perry  County?   Check  for yourself people,  find the
driest, hottest titae, go to a tnountaintop removal site, go
to the creek where the rock that the water came out of is
put back in its rock, it's not  poison, and the water will
be running beautiful.  It will not bs dried up,  even in the
driest time.   Bring  a fishing pola so  the so-called sludge
pond the  Kentuckians £or  the Cotntnonwealth like  to say a
lot, it will  be full of fish.  You might see a real otter.
In the spring, you  can see geese and duck raising their
young, and they're thriving.  And you say coal companies
are destroying the land.
            And the  wild flowers that  Hillary Iiatnbert are
saying are destroyed, will be as  pretty as any wild  flowers
you ever see,  and they come up natural. And the songbirds
                           163
                                                                                                     7-2-2
   that Hillary say are destroyed,  hear them flinging in the
   middle of the day.   See for yourself.   There are birds
   coming in to stay that  you  have never saw before in the
   State of Kentucky.  See for yourself.  Please visit some of
   the hundreds of eitea  for  yourself  across  your state.
   People for the  Kentuckians  for  the Commonwealth say the
   coal industry destroys the topsoil and nothing won't grow,
   I urge you,  see  for  yourself.   Coal companies have elk,
   deer,  wildlife,  more  than you can  imagine,  A tnountaintop
I   removal site  is  their favorite habitation.  Please do not
   make a law that would make it harder for a coal catap&ny to
   exist .  The future of the State of Kentucky would be in
   jeopardy.
              There is  good in tnountaintop  removal.  It not
   only provides electricity,  it will grow bountiful trees,
   produce clear water, with aquatic ii£© year around. See it
   for yourself.
              PS.  COKBilU  Our next  speaker is Kenneth Blair.
   After Mr.  Blair  will  toe  Gregory  Burnett.
                             My name is Bruce  Blair.   I'm
                                                                                                                employed by Pine Branch  Coal  Sales.   1  live in Hazard,
                                                                                                                Kentucky,   I  was  born in  Chavies,  Kentucky, sixty- four
                                                                                                                years ago.  My family has accumulated land for a. number of

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          1-12
years and that land has been  mined since the aid-fifties.
A lot of the land is reclaimed and it's beautiful.   As a
matter of fact,  one  portion of our area has a cattle ranch
on it, a beef cattle ranch, and it won the Governor's award
for reclamation this past year.
            Now I  hope it's obvious  to  you  I  strongly
support mountain top removal  and 1 don't fael that there is
any need for further reclamation regulations by the state
or by the federal  agencies.   Our current mountain economy
is dependent upon  the coal industry.  Mountain top removal
is a work in progress.   I heard that said earlier today.
It creates level land for industrial development and new
home aites.   In the meantime, it's providing jobs.
            Mow, in 1990 I  requested a permit  to build a
home in a  local  aubdivision.   The Division of Water of the
State of Kentucky  advised me that rcy home would have to bffi
built above the 1957 flood  plain  level  in order  to be
allowed a permit.   I went ahead and built  the  hone and I
want you to know that the first floor in  nay hosse is even
with rsy neighbor's second floor. My houae has a 9ara«fe on
one and and haa been filled the full level, about ten feet,
all the way around  on  three  sides.  Now I have  lived in
that house for twelve years.   The water has never come over

                           165
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the river bank in my neighborhood.  But it's obvious  to me
that that was the proper thing to do because I was  being
protected.
            How,  this area is in desperate need of  level
land and  the whole purpose  of  the house  exaitgsle IB to
emphasize that.  If you go out there and you try  to find
any business  location  or any home  location outside the
flood -- that  is not in the flood plain area, I promise you
that the only place that you will possibly find  that  is on
a strip mins reclaimed operation.
            As you  are well  aware, we  have  a  new Wai-Mart
and new Lowe's being  built out on Rout©  80  aad  it's  being
build  only  because that  land  wag  strip  mined,   because
nobody could possibly afford to move the mountain  of  earth
that was there before it was mined  in order  to make room
for those large businesses.
            So I do  believe that strip mining not  only
provides us with an excellent low cost fuel, It  providas a
worthwhile benefit to  the State of Kentucky in all the"
taxes that it paya.  Bye it also provides a remote area of
Kentucky with an opportunity for  economic development and
home aites for the  resident  that's out of the flood  plain
so  they don't  have  to  worry about  their  homes  being
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Gregory Burnett, private citizen
                                                                                                                           Lisa Conley, private citizen
           1-9
flooded.  Thank you very much.
            MR. COKERi   Aa  Mr. Burnett comes up, our next
speaker will b« Lisa Conley.
            SSSSfiKJSSJHSSi,  How you doing?  I'm not from
Kentucky.  I'm actually from a stats pretty far away from
hare.   I moved here eo attend  college  about  three years
ago.  I drove here from Richmond today to see what people
thought about mountain  top  removal.  Until very recently,
probably the last year or two, I didn't know anything about
it,  I had never even heard of it.  Where I'm from,  most
people don't  even  know --  they don't even know  what  it
means,  I mean you say "mountain top removal" and they will
look at  you like you're crazy.   I learned a  lot about
mining, not mountain top removal,  just raining in general,
researching the Martin  County Coal  slurry spill at B.K.U.
I think  --  I  mean  on a national  level  people  don't  know
about it.  They don't know anything -- they don't know the
basics of it.  Like I said, they don't  even know what  it
means.  I think there would be a lot more opposition to it
if there was more national awareness of the destructiveness
and the breaking of federal and state laws  that occur to
the government knowledge and support.
            So basically, I'm going to make this short,  1

                           167
challenge you,  the government  agencies  and the  entire
United  States  to  inclement  the clean  alternatives  for
fossil  fuel  consultation  that already exist and  that  do
provide jobs.
            The health implications alone are too severe to
ignore this problem.   I think it"a  obvious that  all your
kids will thank you.
            MK. COKBK!   While Miss Conley  cones  up,  the
next speaker would be J.W. Bradley.
            &X3&  CQ!3I*lj£ti   Hello.  My  name is Lisa Conley
and  I  an from Wolfe  County,  Kentucky.    I,  too,  go  to
Eastern Kentucky  University and I cam© up here because I'm
interested in  the  mining  industry and have been working
with the Martin County Research Project as well.  Actually
we presanted our  analysis  on the Agency for Toxic Disease
and Substance Registries health petition to Martin County,
and I'll tell you a little bit about that in a second.
            But,   tonight  I  think  we  shouldn't  be  @o
divided.  I know this is really cliche, but the environment
is everyone's environment.   It's cliche,  but  true,  that
everything we do  the environment does come back to us.
            When   I worked with  the  Martin County Coal
spill,  I learned a few things and one was that the environ-

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                    raent,  once it's  -- once it's devastated, it's pretty much
                    devastated for your lifetime and probably your children's
                    lifetime.  I think that in areas like Eastern Kentucky, and
                    like I said,  I'm from Wolfe County, I  know how  it  is in
                    Eastern Kentucky with the econonjy and everything, it' s easy
                    for absentee  landowners  to exploit  your resources  and
                    leave.   And  they  leave  the area  usually  devastated and
                    economically  mora worse off than  it was  to  begin  with.
                    When will  we  learn that money won't matter when our water
                    and our forests and our wildlife fall victim to pollution
                    and neglect?
                               Over the yeara I can, I mean just from growing
                    up,  I  mean I  live down in the country and I would see all
                    the wildlife  and fish.  I would go  fishing with my dad and
                    everything,   ted recently we went  to Mammoth Cave  and I
                    remember growing up going there and seeing all the wildlife
                    and everything just  in the  caves  and the water.   I can
                    notice a difference.  There  is leas wildlife  and 1  don't
                    know if it has anything to do with just mining.  I think it
                    has to do  a lot with everything we do to the environment.
                    So I support  the environment first and foremost.
                               Like I said, I'm from the moat poverty stricken
                    area in Eastern Kentucky.   Just in  the last year it was
                                              169
                5-5-2
declared  the tttost  poverty  stricken area.   I  know how
difficult it is to find a good job and just to survive.  My
dad drove to Salyeraville every day like for thirty minutes
back  and forth every day  for altfloat thirty years.   He
worked  at  Continental  Conveyor,  which made  coal  mining
parts.   He was a  tool  and die  maker.   And ws have no
industry.  1 know how hard it is to find a job  in  a town
and I think that sometimes that can -- when the economy is
bad and you have certain things/ X mean I know you guys are
doing what you  have to do to  survive and I'm not putting
you down.  I'm not disagreeing with it.  But I think there
is a sustainable way.  There has  to  be a balance, because
we are destroying our environttwnt.  That is just  plain and
simple.  It's vary easy  to  see.
            Like Patty said, you can  fly over. You can see
the devastation of mountain top removal,  I don't  know what
the other fellow was talking about that is so beautiful,
If you  really  want  to see  baauty that the coal  industry
leaves behind,  go  to Martin County where the Tug -- where
the Big Sandy meets Wolf Creek and you can scrape up the
surface  of  the soil  and you will  see  all the  Blurry
materials that the -- the government agencies removed and
Martin County supposedly removed,  it's still there and it's

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                                                                                                                       J.W. Bradley, Save Our Cumberland Mountains
         5-5-2
  *
feeding into the!]? water intake and they are drinking it.
And with E.K.U.  we did a study and we had an environmental
engineer.  She studied the water samples, the data provided
by the A.T.8.P.R.  and these people are  drinking water that
is above safety  standards.  It is  in many different things
including arsenic,  chromium,  barium, lota of different very
toxic metals that  ertay  in your body and will eventually
probably kill you.
            So 1 think that it's time that  we, to me, it's
a no-brainer.  The environment is over  immediate profits.
You can look through history,  A very famous book that we
all know  says that there is nothing new  under  the sun.
that's the Bible,   tou know how this will play  out.  It has
played out like this through history.    You can  scoff at
people who have  different views than you and maybe boo at
them when they leave the stage.  But there is no reaaon why
so many  people  who have such  a  common interest  in the
environment and  their health, you should be able to -- to
strike a balance.
            Like -- like the man said before toe, you know,
I urge you to go out.  Go check out the coal mining sites
and you can see  exactly  the beauty that the coal  industry
leaves behind.   Thank you.

                          171
            MR.  CQKER:  As Mr, Bradley comes up,  the next
speaker will be  Kathy Bird.
            IjJSi^ISffifeEj.   I'm  J.W.  Bradley of  Petros,
Tennessee,  where Brushy Mountain  is,   Most of you have
heard of Brushy Mountain.  I'm a friend of Kentucky people.
My ancestors cotne through Kentucky.   Some  of them stayed
and worked in th© d®ep mines until they retired.   So I  am
not only a friend of Kentucky, I'm a friend of the United
States.
            Me are stewards of  the land.  What we do to the
land,  one  day we will pay for,  and  some of it more immedi-
ate than others,  feid I  don't understand  how  that strip
miners can beautify sowsthing that  God made.  I think that
we have a song.   If  I  was a  good singer, I'd sing it for
you.  It*a  about  the  nine pound haawer and number nine
coal,   The strippers are  destroying  trees.   It  says that
tress may grow  again,  but a mountain has  no seed.  You
can't grow another mountain.   You can't tnake water.
            Anybody ought to  know that you can't put spoil
in a hollow because that's the beginning of a stream that
winds up being a river.  And,  if you do that,  it's going  --
I'm glad you  all  have  started calling it  "valley fill"
because that's what it is. When  you put it in the head  of

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                                                                                                                         Kathy Bird, Save Our Cumberland Mountains
           1-9
the holler, it eventually goes  to the valley quicker.   As
long as water  runs  downhill, you are going  to have  this
problem.
            I'a ashamed of O.S.M. When  the atrip mine law
was signed in 77, they said that they would be no mountain
top removal unless  there was a  better  use  for the land,
fl,nd just to make a flat place up there is not a better use
for the land.
            Strip miners only think  of profit.  They don't
think o£ the people below them.  The  overloaded trucks  that
they send out on the highways are a hazard  to  the public
driving on the roads.      Sometimes you have  to sue  the
federal government,  I'm glad E.P.A,  is  here.  One tine we
had to  BUS S.P.A,.   It  turned out to be the  biggest
environmental  lawsuit  filed  at  that time.   Howard Baker,
our senator, passed  a dirty amendment to the Clean Air Act
that discriminated against the people that lived in an  area
where  there was two steam plants.   Me  joined  with other
people and sued E.P.A. and finally won Borne  concessions,
            I  am opposed to mountain top removal.  I  am
opposed to valley  fill.   And I  want you all  to know  that
you all  should take interest  in your  job  and do what you're
supposed to, rather than let the strip miners draw up a

                          173
plan and  you approve it.   We  know that that  very much
happens as far as Slew Mexico.   Frotn here to New Mexico I
have talked to people about how O.8.M. is enforcing th© law
and they  are not enforcing the law th* way  that  it was
written.  1 thank you.
            I've got a minute.  In 1958 I wore a hard hat
like you all. I  worked in the deep mines and strip miners
putting their dirty coal in the tipple got our mine shut
down.
            MR.  COlOgjti   As Kathy Bird comes up, the next
speaker will  b«  Charles  Blankenahip.
            HgBg. BIHOi    My name  is Kathy Bird.   I'm a
member  of a grass  roots  organization  called  Save  Our
Cumberland Mountains.   I live  in Elk Valley,  which is in
Campbell County in Tennessee,  just  south of the Kentucky
border.  During  the past year ray neighbors and I have been
concerned about  two  mountain top mining projects.  One of
these is about  a mile from me and the other one less than
three-quarters of a  mile.
            The   twenty-one hundred  acre  Zed  Mountain
project features cross  ridge mining, which is  a form of
mountain top  removal. Work on 2ed Mountain began about two
weeks ago and w* are extremely concerned that the permits

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            1-5
from O.S.M.  and the Tennsaaee Department of Environment and
Conservation have  opened the door to  more mountain top
mining in Tennessee.  That's why some of us cane all the
way up here to Hazard tonight to Bay  what  we think,
            I personally don't see how the E.I.S. is going
to help us protect the mountains we live in any more than
or any better than what ws have now,   My  main concern is
that the problems related to valley fills and the interpre-
tation  of  the hundred  foot  stream buffer zone  are not
adequately addressed by  any of  the alternative actions.
The  E.I.S.   appears  to  substantiate  other  scientific
studies/ SB  well as common sense and local experience, that
mountain top  mining and valley fills  impact headwater
streams as well as the  downstream conditions,
            I thought you  all  did a pretty good  job in
Section  3-D where  you  summarize eight potential impacts
such as loas of upstream energy  from  upstream reaches and
changes in chemistry and flow and sedimentation downstream.
That's why  I'm really confused  about  why we  are  still
talking about messing with the hundred foot stream buffer
zone rule or allowing valley fills at all,  AS I read the
alternatives  proposed  in  the  E.I.S,   our only  choice
regarding valley fills is how n\uch dajaage to the watershed

                           175
                                                                                                        1-5
we are going to say is okay.   If declaring a hundred  foot
stream buffer ?ona inapplicable to valley fills Is what you
mean by rewriting the  clarification, then we are headed  in
the wrong direction.  We need to keep that buffer for all
streams in every project, period. And, further, if science
based methods can't tell us what the size limit of a valley
fill should be,  then let's not do any more until we figure
that out.
            We are having some problems with surface mining
and mountain top mining in TenneSBee.  Not far from my  home
is a stream, that's been damaged by surface raining.  The
water is red and nothing lives in it, at  least  that I can
see.  Some of us feel that the  2ed Mountain permits  were
issued before  all  of  our concerns were adequately ad-
dressed.
            For  example, there is supposedly an B.I.3.  that
was done by O.S.M., but w® haven't seen it yet and haven't
had an opportunity  to comment  on  it.   tod  also on Zed
Mountain we can't get the Tennessee Department of  Environ-
ment and  Conservation to tell  us  how they decided where the
waters of the state  stop and  where  they start.  Right now
they are  saying  they stop before you get  to where  the  guys
are going to mine.

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Charles Blankenship, private citizen
          1-10
            We are also hoping  that  the  T.V.A.'s B.I.S.
process for the Coppers Pool Reserve will validate our view
that the Brady Mountain Project is really a bad idea and
that re™minin<3 of that  area will never happen.
            The sad truth is  current  surface mining and
water condition laws do not prevent damage to the environ-
ment,  I am vary concerned that alternatives  offered in the
E, I. S.  not  only  weaken these laws further,  but  fail  to
Improve enforcement.  As I see It, the only thing that is
being streamlined here is the destruction of  the waters and
mountains o£ Tennessee and the other Appalachian states.
Thanks.
            MS... CQKgRi   As Charles Blankenship comes up,
our next speaker, and I'm going to have trouble with the
last name,  is Doug  Dorferd,  Dorfield,  from  looks  like
Elliott,  Blliotton, Kentucky,
            CHARLSB BIJanaaaHIPi  Hi. - My name ie Charles
Blankenship.  I live in a little town called Elk valley,
Tennessee.   It's about ten miles  south of  Jellico,  Ken-
tucky.   We  have  a new name for mountain top rentoval  in
Tennessee,   It's called cross  ridge mining,   In Tennessee
they are trying something new.  They are calling mountain
top  removal  cross ridge  mining.   The  E.I.S, needs  to

                           177
                                                                                                        1-8
address cross ridge mining in the State of Tennessee,  This
practice does not come under the same  level of scrutiny as
mountain top removal.  The E.I.S.  should  look at the cross
ridge mining and its potential impact on Tennessee.  ISSUSB
that need to be  addressed are  slope  stability,  sediment
control, and  spoil calculations.    Of  the four  states
studied in  this E.I.S, Tennessee is the only state with a
Federal Surface Mining regulatory program.   In Tennessee
O.S.M.  does all  the permitting  in  the forefront.   The
E.I.S. should look at the experience of people in Tennessee
before  recommending changes  in the  aitsount of  authority
given to O.S.M. permitting of mountain top raining opera-
tions.  In  this S.I.S,  they showed --  they showed you some
information about strip  Bines  in  Tennessee,   Before the
E.I.S. does  not look at some of the most important informa-
tion of strip mining in Tennessee, the history of viola-
tions that  many of  these strip  mining operations have.
            For example,  the Skyhorn  Big Brush Complex is
included in this study.    But no  mention is made of this
company's terrible  record of polluting streams.   If this
E.I.S. will look  at the  violations in Tennessee, it would
show  that  O.S.M.  have   not  besn able  to prevent  coal
operators from violating the law.   If any of the sugges-

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                                                                                                                   Doug Dorfeld, Kentuckians for the Commonwealth
           3-3
tions of this E.I.S, are going to give O.S.M. more power in
giving permits, the B.I.S.  shouliS  look  at  the record of
violations of  all  the  minee  permitted by Rnoxville O.S.M.
This would show a  siore  complex picture  of  what is being
permitted in Tenneasee.
            In Tennessee we  are having a problem with the
public comment process.   The public comment  period  has
become a period during which O.S.M.  and the mining company
work together  to  adjust mining plans to avoid concerns
raised  by the  public.    Knoxville O.S.M,   acts   like  a
consultant to  the  raining companies  instead of just making
its decisions about the parmit application.     In the  case
of Zed Mountain Cross Ridge Mine, many significant changes
wars made to  the  permit  application  after  the  public
comment period had closed.  When O.S.K.  held an informal
conference on  the permit  application,  they  were still
making changes  to the permit. That made it really hard for
us to know what to comment on.   We wanted O.S.M. to reopen
the covranent period eo that everybody could make coaasents on
the finished application,  O.S.M. used the fact  that I wade
a lot  of trips to  the  Knoxville  field office to raise
concerna and get information as a result fox not reopening
the comment period.  Thank you.
                                              179
                                                                                                       1-5
                                                                                                       1-7
                                                                                                     5-5-1
            MR.  COKER;  As Doug comes up,  the next speaker
will be Sharon Haggard.
            00t?g PORgELDi  My name is Doug Dorfeld and I' m
from Northeastern Kentucky and I'm a metfiber of Kentuckians
For The Commonwealth.  The  three  action  alternatives  in
this environmental  impact statement are completely inade-
quate.  The purpose of this  E.I.S.  is to ®va3.uate options
from proven  agency programs under the Clean  Watar  Act,
Surface Mining  and Reclamation Act, and  the  Endangered
Species Act that will contribute to reducing the adverse
environmental in^jacts of  mountain top removal  operation®
and excess spoil valley fills  in  Appalaehta.   Glaringly
missing is an alternative prohibiting or even restricting
the use  of mountain top  removal   mining operations  and
valley filla in Appalaehia.  The  studies  in this E.I.S.
clearly show  that  mining operations of  thia   scale  and
nature given the topography, bio-diversity,  human popula-
tion,  and rainfall  in this region are not appropriate and
the damage caused cannot be  mitigated.
            The Clean Water Act  was a  promise to  the
American people  that our waterways  would not be sacrificed
for short  term economic gains.  The goal of the Clean Water
Act is to protect the physical, biological,  and chemical

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Michael Riley, private citizen
         5-5-1
           1-8
integrity of our nation's streams.  Kentucky regulations on
antidegradation of our state's surface waters state K.R.S,
224.70 through 100 declares that the policy of the Common-
wealth is to conserve its waters for legitimate uses and to
safeguard from pollution the  uncontaminated waters of the
Commonwealth,  prevent the creation of any new pollution in
the waters of Che Commonwealth, and  to abate any existing
pollution.  In defiance of the Intent of these state and
federal laws the three  action alternatives in this B.I.S,
amount to nothing more than simplification of permitting of
ever more pollution.  The three action alternatives are so
oblivious to the data in the studies in this B.I.S.  that
they constitute a  disservice to the scientists that worked
on the studies and to the people of  the region.
            to  additional  alternative -- an  additional
alternative that  stops  iflountaiti  top  removal  and valley
Eilla must  be  added to  this  environmental impact study.
Thank you.
            MR* COICSE*  Sharon Maggard. Michael Riley will
be the next  speaker. While Mr. Riley comes up, Brent Boggs
will be after Mr.  Riley.
            MICl&RIi,lIt.gYi,  My name is Michael  Riley.   I
work in the  coal fields,   I'm from BucJchorn, Kentucky.  And

                           181
                                                                                                     7-2-2
1 have heard all these people talk tonight here and I thank
God for every one of then and their opinions.  But there
are a lot of misinformed people here tonight.   And most --
it's amazing to me why if  somebody wanted to -- if  somebody
wanted to put their  reputation and  get  up in public mnd
talk, that  they wouldn't have th©  facts.   They have got
facts on paper.  But  I can write down a bunch  of fact® and
hand to this man from the  E.P.&, and say "this  is real" and
he may have to believe that.  But there are people in the
field offices that  goes  out,  there are  people  from the
E.P.A.,  there  are people  from all  kinds of different
organizations  that  comes  and checks our atrip  jobs.  They
ares put in  by the  law.   They are  people there.   And why
does people say  that  it's illegal?
            1  work  every  day.  I have  done it  for  twenty-
five years.  I thank God for that opportunity.  I  have fed
a family,  raised a  family, and I hope my  family gets to go
on, my son,  and  work in the  coal fields.
            People  -- people can  read all the facts they
want to read.  .But I have seen it.  The little lady that
was talking about the game going down, I guess the people
got so hungry  down  there  that they had to kill it and eat
it.  My father --my father  was one of the best hunters I

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         7-2-2
ever saw.   Everyone  said  he could kill a squirrel where
there wouldn't any squirrels.  Be never saw a live deer in
the woods in his life.  Today I hit three in the last --
well, I  hit three within  a six month  period  last year
trying to get  to and from work.  We' ve got ao much game now
and wildlife and they are  flourishing around these strip
jobs and  turkeys by  the  tens of  thousands and there are
fiah in ninety percent of these wildlife --or these ponda
that's left on the  atrip jobs that you can go catch a mesa
of fish to eat.  And I live  right below a strip job that
was worked out about twenty-five years ago.  And when we
had the  five inches of rain the other day, if it would have
been the way it was before the flat land was back there,
all that water would have come rushing at once and tny house
probably wouldn't have been  there.   But due to the flat
land holding the water, filtering the water,  and  the water
can come down through the foi0 rocks they ptit in there to
strain the watar,  that's what cleanses water is going over
rock.  I mean  I learned that in the third grade in school,

            I'm no scientist.  But I know what I  see.  And
if I didn't believe in the work I'tn doing,  I wouldn't do
it.  That's the way I am.  And my brother in the  Lord that
                                               183
was here a minute ago,  I'm the pastor of a small church
too, and he -- he said he  had studied  science.  You know,
I studied science in school.  That was my favorite subject,
the only thing that I did any good.   But,  really, you know
something?   There's  ao ttiany fallacies  in  science and they
are proving it wrong every  day.  And when you can see with
your own two eyes, why take sotttebody else's word and get up
and talk about it?  I know  what I'm doing.  And  I know what
w© do at Pine Branch Coal.  And if you can go  to D and D
Ranch and tell m® that ain't  the prettiest piece of real
estate  in  this country on top of  a  mountain that  was
nothing but « bare rock cliff, a few trees were cut,  and
they got the trees out, they made use of the  timber, and 1
want to tell you  that's the prettiest place 1 know  of.  If
I had a home,  I'd like to have it right out there, if 1 had
my choice of places to build, right in the middle of it.
It's a beautiful  place.  And you drivs up Highway  28,  you
see the mountains.   You don't see that.  You go up there
and you've  got grassland.  You've got I don't know how many
head of cattle you have, eight or nine hundred head.  Three
hundred?  I know they're  a buach.   Everywhere I  look is
cows.  And that land is supporting it.
            And one more thing I'd like to say,  we  live in
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Brent Boggs, private citizen
                                                      Anthony Jones, private citizen
                    this hills of Eastern Kentucky and I feel blessed,   Qod
                    bless America  and  God bless  Kentucky.   We've  got  the
                    greatest state in the United States,  as far as- I'm con-
                    cerned.   Prom my travels,  that's  the reason I decided to
                    come back home and settle down  here and make it one way or
                    another.   And I have  been lucky enough to make it in the
                    coal business.  I mean it's -- that's my livelihood,  I get
                    up and go to  work every day,
                               But  I thank Qod that we have  people  who do
                    watch after our environment  too,   $e have to be careful
                    with that.   That's one  thing I'm proud of  my conqpany
                    because  they  do look out for  the environment,   I thank you
                    all £or  listening to me,
                               fflU_£9SKl.  Before  Mr, Boggs coraes up, please,
                    folks, we have  asked that you try to  limit your responses
                    while the  speaker is speaking.  We  would like to limit your
                    responses all the time.   But  I  understand  you  have  had
                    strong feelings about  this.  But please try to be courteous
                    and limit  your responses  while the speaker is speaking,
                    You are just cutting into their time to speak.  Hr, Boggs.
                    After Mr,  Boggs, it will be Anthony Jones.
                               BSSHT BOGGHi   Thank  you.   My  name  ia Brent
                    Boggs.   I  live  in Harlan County,  Kentucky.  I ap a twiner.

                                              185
               11-4-2
Something that 1 think all of us can relate to,  there is no
one in this room that hasn't benefited in some  manner from
coal, whether it's coal severance tax money that- came back
to  build  road,  to  build  buildings,  to  fund schools,
whatever.  That is where the money come from. Other people
say there are other industries.  Where?  Name  them.  l»ist
them.  Other sources of energy.  The government  studies say
they are not  feasible.   Hydroelectric,  solar,  or wind,
They have none done what they said they would do.  The most
effective source of energy that  we have is coal .   Mid if
you eliminate mountain top removal, if you  eliminate coal
mining, then what are you willing to give up?  It's that
simple.   What are  you willing  to give  up?   Your  air
conditioners?   Your electricity?  Your clothing? Medicine?
Ask yourself that  question.   Thank you,
            HR. CQKBRi   As  Mr, Jones  comes up,  the next
speaker will be Jim Sidwell.
                            My name is Anthony Jones  and
                          I'm from Hazard, Kentucky,   Two months ago I  stood behind
                          this podium and did the hardest thing  I've ever done.  I
                          gave my  salutory  speech  for graduation.   Though I never
                          wanted to speak publicly again,  I feel compelled to discuas
                          the issue of the executive  suitmiary of  the  E.I.S.

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                                                                                                                                               Jim Sidwell, private citizen
          1-12
            As I have already mentioned,  I graduated high
school from Hazard High School, which is right over  there.
Though I  feel that I  received  a top notch education, I
worry that the proposed alternative actions will adversely
affect schools  in Eastern Kentucky.   You see, taxpayers
within  the   state  primarily   funds  public  education.
Therefore, if this action goes  through, more people will
becoae unemployed and feel it necessary to seek employment
out ol the -- out of  Eastern Kentucky as a result  of the
impending information of further regulations.  This will
put Eastern Kentucky's  rural schools in peril.  More so,
Eastern Kentucky youth will  lack the  knowledge and  skills
needed to  think of Innovative  new ways  to produce coal
alternatives in the future --in  the future,  an unfortunate
scenario that the  --  if the Kentuckians For The Common-
wealth prevail.
            In  conclusion,  1  find myself  more  and more
grateful every day that  I graduated while coal wae still a
major influence in Eastern Kentucky.   And I hope that in
twenty years another Hazard High School alum can aay the
same thing.   Thank you.
            KH..__COiaBiL    Mr,  Sidwell  will  be  the last
speaker before our --  our next five minute break.

                           1S7
                                                                                                       1-12
            JIM BXnmsUii  Good evening.   My  name ia Jira
Sidwell.  I live  in the Airport Gardens community  of Perry
County, just outside  of Hazard.  Twenty-eight years ago 1
moved  from a  small   farming  community  in Southeastern
Kentucky and came  to Hazard aa a  state  auditor  for the
revenue department.   And since  that time,  I have  raised a
family based mainly  upon  the  income  and  revenues of the
coal coiapanies.  And as a concerned citizen, 1 really don't
want to see any more adverse regulations put on the mining
industry that's going to affect not only tne miners, but
their  families  and all of  the indirect  congaanlas  that
depends on coal  revenue.
            Probably  sixty percent of  tny  family,  or the
graduating class in  my high school,   left  the  community
because there was no employment,  I love my worn and dad and
tny  slaters and  myself had to  move   from home  to  find
employment.  In this  area  the people  that are etttployed by
the coal coR^anles,  they have  jobs here.   Their families
will stay here.   And  that's -- that's such a reward for
families.
            Whenever  I moved to thi0 county in 1978, » good
friend of  mine by the name of John  Tate and I decided that
it would be nice  to take a canoe trip  down the North Pork

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                                                                                                                                             Levon Baker, private citizen
                    of the Kentucky Rivar.  when we put in behind City Hall and
                    started down the river, we didn't go very far until we had
                    to get  out and push  the canoe because of low water.   When
                    we stepped out, our  legs  looked like we had stepped in an
                    outhouse.   The water was filthy.   You  could not  see  any
                    life whatsoever in the1 stream.
                                Times have  changed and  it seems like that the
                    people  from -- the people that ai-e  representing the anti-
                    coal believe  in clean water,  tad it's just  like all of you
                    setting at this podium,  you are  not drinking water from
                    this area.  You are  drinking  bottled water,  We all want
                    clean water.
                                Probably two  years  ago I took the  same trip
                    down the  North  Fork of  the  Kentucky  River  and took  a
                    fishing pole  and I caught  my limit in small  mouth bass.  It
                    amazes me that what these  folks are talking  about is things
                    that happened twenty-five years  ago and  they have got this
                    mind set that the  coal industry is raping and pillaging the
                    mountains  and leaving all  this pollution, and they are not,
                    I  don't  know  if -- where they go  to  and what they sea.   It
                    would be wonderful for them to come  and  take tours of Pine
                    Branch,  Millar Brothers.   There  are some wonderful  Bites
                    for them to look  at  that'a not destroyed and not  - - it'8

                                              189

               11-4-5
                 1-12
beneficial to this  area,
            By trade,  I'm a tax  consultant  and X  have
represented probably  three hundred coal companies.  And in
looking at some of their financial information,  there is
one company that I know that has a hundred employees.  What
they feed back into the local economy is  thirty thousand
dollars an employee per month.   And that's astounding to
put  that  much money back  into the  local community.
            Please  don't  make your rules  and our regula-
tions tsore stringent because it's going to put these folks
out  of  work.   They  are  going to  have  to n\ov©,   Their
families will have  to move.   Let's leave Eastern Kentucky
alone,  Thank you.
            HR.  COMBU.   After --  after  the break,  Ann
Hobliss, that's Ann Hobliss and Levon Baker will be our two
speakers.   Five minute  break.
            RBCBS3
            IBt. COKBRi  All right, folks.   We need to get
back in our  seats,  if  we would.  Our next  speaker,  Ann
Hobliss indicated that she would not be speaking.  She had
to go.  So Levon Baker,  and our next speaker after that is
signed up as 444.
            MEVOH S&KI3U  Good evening.   My name is  kevon

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                                                                                                                                                        444, private citizen
           1-9
Baker and  I  have  got thirty-two years experience in the
coal mining  industry.  I have dons everything from run a
deep mine  to a strip  mine  and I did  some  of the first
permits  that was done  in the  State  of  Kentucky.   And
whenever the Division of Permits, D.S.M.R.E., was initi-
ated, all we could hear from the company,  and  the company
that I worked for was "if these laws get passed, we will
have to shut down".  Along comes O.S.M.   "If  they get it
approved and those laws are passed,  we are going to shut
down and leave."  E.P.A.  "Me oan't live with those rulea."
MSHA.  "The mines, we will have to shut the mines down if
we have  Co buy this equipment."  And,  to my knowledge,
there is  more coal  being  mined today  in the  State  of
Kentucky with  less  men  at  a  greater profit  than  ever
before.
            Now,   like  I said,  I have  thirty-two  years
experience and I have a hollow fill on my backyard at home.
I have one of those fish ponds that' a got aud about that
deep in my back yard at home.  That qualifies ae to come
here and say I oppose this because I know, as  well as you
know, that  they can mine the coal without putting the spoil
into the hollow fills.  They will find  an alternative way.
They can go back  and reclaim with that, some of them,•  An

                           191
                                                                                                       1-9
area that's, if you go out there and look right  now, they
need to reclaim.  But  there is always an alternative.  And
I have  never  seen a coal company leave here yet.  Thank
you.
            MR.  COK3R;    The  next  speaker  after this
gentleman will be Paul Fleming,
            444in  1  ara 444 and thia is my grandson,  I have
been mining coal since I was seven yeara old.  I  am fifty-
four years old.   This  young man, I hope,  gets to  continus.
He may  and  he may not,   I will promise you that  I'm not
going to come up hgre  and tell  any of you people that I'm
going to tell you what to do.   And if someone  out there
thinks that  they ar® going to tell O.S.M., B.P.A., what you
are going to do, you are one of the worst fooled ducks that
I'v@ ever seen.
            Now, we appreciate you all and  we appreciate
the other people that's out here that'a concerned about ue.
Okay.  This little fallow right here is  four months old,
what, just four months old, okay, four and  a half months
old.  I'm wrong.   When you're wrong, you say you're wrong.
When you're right, you're  right.   It doesn't matter who
says you're  wrong.  If  I feel that I'm right and the entire
United States says I'm wrong, until you prove me wrong, you

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                    will know what Dave Duff  is, one stubborn fellow.  He will
                    do what he thinks is right.   Okay.
                                What I  think ia right is to do good  for your
                    coiflinunity, your nation,  and respect people, each person.
                    Because each  person,  if  you are not  the most important
                    person  in your life,  you  had better  gat  that,  because
                    that's what happens to people who do not understand that
                    they have to be the most  important.   Because if you  do not
                    have self respect, you have nothing.  If you do not do what
                    you think is right, you have nothing.
                                This young  man right  here, 1  was  born  in
                    Hazard,  Kentucky, December the 8th of 1949.  My dad  pulled
                    checkers off of car at Blue Diamond Coal and when  the rail
                    car come out,  it didn't stop.  He pulled it off.  He hung
                    it over here.   For  the men that worked in the nine,  that's
                    how they got paid.  Okay,  How  my  dad worked all  of his
                    life. He  will be dead five years in two days.   My  mom died
                    nearly a month ago.  This little fellow, ray daughter,  my
                    aon,  twelve kida was on a houasboat Saturday night.  C02,
                    carbon monoxide poison,  the  little fellow spent in the
                    hospital Sunday and Monday.   Okay.   This  right  here  is
                    what's important.  This.  Lorri, would you come here? He's
                    doing real good.   I don't think he  even cried when Papa
                                               193
                            hollered. Now, he starts crying for his
                                       But people and even -~  I worked with Caterpil-
                            lar.  Probably some of ray real good  friends are Caterpillar
                            people.   These people really know their machines.   They
                            designed  them.   But I operate  theitu   I love  to  operate
                            machines.  I've run them since 1 was seven years old, a D-8
                            tractor we got in a barn down here that runs like the day
                            that  we  got it.  Okay.   They come in  and  they designed
                            something.  They are ~~ they have something in their mind
                            that  they know more than somebody else and maybe thay are
                            smarter.  But that person  that's been thare, done that, is
                            the type peraon that  you want.  And that's what you've got
                            to do. You, anything you do, and it doesn't matter if it's
                            coal mining, fighting for our country,  which  I do feel that
                            we have really done well  on the situation.   It'a tough to
                            go out and die for your country.  But if you can't die for
                            your  country, you do not  deserve to live in it.   And that
                            goes  --  chat  --  I   do what  I  think is  right.    Today,
                            tomorrow if I get up and  I know that  I did  wrong,  I still
                            did right.
                                       Now, have you  had anyone,  and I can't remember
                            your name, Mr. O.S.M. I'll say,  come  to  tell you what you
                            was going to do?  Have you ever had anyone,  a coal  ftiining
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Tom Jones, East Kentucky Corp.
                    company to tell you what they were ™- what you were going
                    to do for them? No.  And you won't.  And if they -- if the
                    fellow does, he is bad --he  is.making I will say -- I can
                    just about use other words.  He is not using his head,  ted
                    I'm not going to come over here.   Tha Corps  o£ Engineers.
                    These people  have  got a Job  to  do.   It's what they do,
                    I've got a job  to  do  and I'm going to do it  and they are
                    going to do  it.  I don't come up here and don't need to
                    bash  them.   But  what we are aaying  is the ways  to do
                    something, it is a hard tftanner to mine  coal  on a piece o£
                    paper.
                                And one  tiling  b®for© I quit,  when coal was
                    formed,  now  as 1  walk  off  I'll  Bay it.   When coal was
                    formed, it was in a swamp.  The last time I looked,, a swantp
                    had water in it and the last time I looked.  But a while
                    ago I heard that it did run uphill.   It was  level.
                                Ml. COKlEi   Our next speaker  will  be Paul
                    Fleming.  Paul  Fleming.  Paul Fleming,  going once.  Okay.
                    Tom Jones.  After Mr.  Jones,  it's Dewey Gortnan.
                                TOtj iTOSgg.t   My name  ia  Tom Jones,   I am the
                    executive director of  the Ba0t Kentucky Corporation,  last
                    Kentucky  Corporation  is a  -- is a  non profit  economic
                    development organization that serves the communities of the

                                               195
               10-3-2
forty-five county area that includes all of the Kentucky
counties  that  were a  part of  this  B.I.S. study.   The
mission of the Eaat Kentucky Corporation is to stabilize,
expand, and most of all,  diversify the  local economies at
the communities in which  we serve.
            Probably no community  in our service area has
typified that effort to diversify its economy more eo than
this -- this community in Perry County, Hazard area.   It
has taken a  very  scarce  resource,  and  that is the level
land that  the raining industry has created by mining and haa
taken  the mountain  area,  the mountain  top area  and  the
valley fill  area and has  developed institutional,  commer-
cial, residential, and even manufacturing facilities on it
to create Jobs,  homes,  and community  -™  and literally
communities  in ~~  in the  perry County area.
            A number of other communities within Eastern
Kentucky are following that same exatsple.  But the thing
that really  stands out,  the thing that  I think is really
not given its true  example  and  need  to highlight  in  the
E.I.S.  study is  the fact that  the --  the topography of
Eastern Kentucky and in fact the southern Meat Virginia,
southwestern Virginia,  Northeastern Tennessee  area  is
typified by very rugged, very precipitous topography.  And

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                                                                                                                                    Dewey Gorman, Hazard Coal Corp.
       10-3-2
it's only when you  have  some  f&anmade  flattening  of  land
that w© can in fact  have  substantive types of development
that need  to  have that flat  land  in  order to -- t'o  be
brought about  and to diversify the economies of -- of the
communities,
            To give an example, last Friday I was contacted
by a manufacturing facility who was looking for, as part of
their sighting requirementB, a thirty to thirty-five  acre
tract of flat  land.   Now it's very, very difficult in our
service area in the mountains of  the coal mining mountain-
ous area of Eastern Kentucky to find that kind of thirty to
thirty-five acres.   And they weren't -- thay weren't  just
asking it  to disqualify us, but  they  in fact  had  to  have
that kind  of land to build  a five hundred by one thousand
foot manufacturing facility, eleven acres under roof.   You
have to have completely flat land for at least that eleven
acre tract.   It  simply cannot  be  found unlees you  are
looking at a flood plain  site.   As  far as  natural  plain,
you can only find it in a  flood plain site in  --  in  the
area -- basically in the study area.
            So we are - -  we are very  dependent upon  the
mountain top areas.  We are  dependent upon the valley  fill
areas in order to create  some  substantive  development  to

                           197
                                                                                                   10-3-2
expand,  to  stabilize,  and 'to  diversify the  economy  of
Eastern Kentucky.
            Without -- without  the continuance of mining
and especially surface mining  that  can create that flat
land,  we are going  to be stagnated in terms of development
aa we go forward in the future.
            So I would  certainly call  upon you  aa  you
finish up your E.l.S. to keep  in mind the  need for some
flat land in terms of development  and in terms of balancing
th© resources of  your study area.  Thank you.
            Hm^j^Kliiy, Aa Mr.  Goriflati comes up,  the next
speaker would be  Phillip Estep.
            DEWEY GORMAN:  I would like to thank everyone
for being here and  I would like  to thank the panel that  is
here tonight.  And more  off  I'd  like  to thank  the coal
miners that  are here tonight.   They are the ones that are
away front their family and they are the ones that need to
be home and they need to be, you know,  they take enough
time away at their  jobs and stuff  like that and they need
to be  home  instead of out  here  debating problems  that
should be solved  elsewhere.
            You know, I'm going  to say some strong language
tonight.   And, you  know,  it's  --  there's  a  lot of things

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        11-4-2
here that  have  cropped up,   You've  got law,   you have
energy and you  have coal and you have  taxes.   And,  you
know,  the  laws  are already  in place  to  Cake  care  of
everything that O.S.M. has administered or has set forth
for all the valley fills and everything.  And  I would like
to commend West Virginia  for  picking back  up and taking
back off  with mountain  top  reinoval, which  --  which  is
imperative to the coal business,  you know.   Along with
making flat land,  it takes -- it makes life a lot better
for people that  do live in the mountains and do have flat
-- and do have flat ground without having a mountainside
that's just like this right here,  so, you know, that's -•
that's along  --we appreciate  what you have done, sir.
           But,  you know, we have coal  that  needs to be
mined and  there's severance  caxes and  there's  a lot  of
tax©a that coflse back to  our  county and  there's  5 lot  of
taxes that  are involved that everyone  here pays as a miner
and that we all pay.  Enough of it doesn't come back to our
mountains.  I  know it may not be part  of  the scope of this
-~ this hearing,  sir.   But, you  know,  we still need those
taxes and we pay  them  and I  think that  Eastern Kentucky
deserves their share instead of  the golden triangle.
           But  also, you  know, what the  -~ the hold up on

                           199
the 404s,  I think,  is something that, and 1'ij going to uae
a strong word, I think it is not like a permit where you
put money up.  But the way I understand it, it's money that
you have  to buy and you have to put  up and you have to
place.  And it's a money that  ia  like  an extortion money.
It's  --  it's  money that  should be  given back  not  to
Louisville or Laxington  or  Covington  or Georgetown.   It
should be given back to Eastern Kentucky.  It shouldn't be
given to  -- it shouldn't be given to the areas that already
have great  economic saviors like Toyota.   And they have
Lexmark in Lexington and then something.  Louisville has
all their factories.  Then you go to -~  you  90 to Proctor
and Gamble in Cincinnati and Ohio and  other  areas.  So we
need that  money back  in the mountains.   So, you know,  I
think there's a lot of refining to do with  what you guys
are trying to do.
            And it's  great  that we have  these  kind of
meetings,  you know.  I gueas that we have all learned from
Bill Clinton and Hilary that we need to hav©  town meetings
for us all to get together and waste our time here at nine
o'clock at night or nine-thirty, you know.  These guys need
to be home.  You guys need to be home,  you know.  You guys
are great bureaucrats  and you  all need to  be at the house

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                                                                                                                                       Phillip Estep, Miller Brothers Coal
                    with your families also.   And I  feel like that, you know,
                    it's a waste  of  -- I don't want to say  it's  a waste of
                    time.  But,  you know,  it's hard  to agree with people that
                    are -- that  are total hypocrites.  That want -- that want
                    to go home and blow dry their hair and  look good when they
                    go out and want to turn the lights on and the air condi-
                    tioner on BO  they  are not sweaty or anything like that.
                    So, you know,  and  I  don't want -- I  don't  want  to talk
                    about anyone that is doing that.   But that'a what everyone
                    here is doing.  So,  you know, it's -- it's people that take
                    logical -- make logical decisions for the betterment of our
                    community.  And we -- I live  here.  My son  is here.   My
                    father ia here tonight.    you know,  we don't  escape to
                    Lexington. We don't escape co  Florida.   We don't escape to
                 j   the western  state.  We don't escape to Mew Xork,  we stay
                    here.  We  spend our money here.  And the money that we have
                    given,  you can ask the superintendent of all these schools
                    that 1  have given money,  ray father has given money, and all
                    the rest  of  these profitable --  you know,  they talk about
                    these big  -- big corporations that have  profits.  You know,
                    you are  looking  at Horizon.    You  are looking at  James
                    River,  great,  great big companies that employ hundreds of
                    people  and you are going to put  them out  of  business  for
                                              201
                           really absolutely no reason at all, you know.  I just -~ t
                           just  -- it fathoms me £or what ws are here for,  I think
                           that we need greater representation and which  I think that
                           we  are  getting.   But, you know,  those  coitipanie©  are in
                           bankruptcy.  There is no great profits in the coal busi-
                           ness.  Mr. Duff can tell you that.  You know, anyone that's
                           here can tell you that.  These raen are sitting  here tonight
                           making five hundred dollars a  week,  making aids meet just
                           like  1 do, just like everybody else  does.  I  don't have a
                           big bunch of change to throw all over the place, you know.
                           But all  I'm saying ia that we  --  I appreciate you guys
                           being here.  And I appreciate, you know,  the time that you
                           have given me.   And,  you know,  you didn't give me the one
                           minute sign.  But that's fins.   Thank you guys very much.
                           tad I appreciate the coal miners for being here,
                                       Ml.CQKBBi  Phillip Estep will be next.  Then
                           it's  James Detherage.
                                       gjBCttJitP SBTEgi  My name  ia Phillip EBtep and
                           I'm from  a little community  from Salyeraville.   It's in
                           Eastern  Kentucky here.   And  1  an  a superintendent for
                           Miller Brothera Coal  and 1 want  to  address this issue of
                           Martin County and Lawrence County over there.   You need to
                           come  and  look at one of Miller's jobs and not  view one job
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                                                                                                                                        James Detherage, Twin Energies
                                                                                                                          Denny Noble, county judge for Perry County
         5-4-2
           •2-2
           -2-2
 against another.  Yes, they made a mistake.  But you're got
 to  come and  look  at  these  -- at the different situations
 throughout Eastern Kentucky.   We  need our hollow fills.
 You say to put spoil in the hollow fills?   Spoil don't go
 in  the hollow fills.   Rock goes to the bottom where the
 water  filters out and that is very important.  You've got
 more water running underneath the  hollow  fills today than
 what you did before that that hollow fill  ever waa put in.
 And if you've got silt control,  that's what our ponds are
 for.
            And you tales the logging industry that is out
 there, and that's a big industry,  it destroys TRore in one
 year than what we could in ten  years or twenty years down
 the road.   And I think it's very, very  important  and I
 can't  say more than what everybody  else haa said.  The fish
 and wildlife  is  running  wild  on our  job over  there.
 There's hundred®  and hundreds of turkey on our job.  The
 deer,  the  quail.   We didn't have  that ten years  ago or
 twenty years ago.  Right today you can go and you can go
 and fish on our job anywhere. And it's  vary important that
• we  keep  doing what  we're  doing today to  keep  our jobs
 because if we  don't, our town over at  home and this town
 here will be a  ghoat town.  In another five years,  we're

                           203
out of a job.  Me may be out in a  few  more  days  because
there is  some  that' a  already been laid  off.   There  is
people out there, companies are shutting down.   You can
look at  the coal trucks down 23 right today.  There's very,
very few coal trucks running 23 today.  Thank you.
            MS. CfflCESti As Mr. Detherage  comes up, the next
speaker would be  Denny, I think it's Noble.
            fcTAMSg I31THER&6BI  My natse  ia Ji(R Detherage and
I didn't really prepare a speech or nothing tonight like a
lot of these other people did.  But I'm glad I went ahead
and signed up for this.  Mutnber one, the Lord put  coal  in
Southeastern Kentucky to mine  it.   That's exactly right.
He give us a chance to make a  living for our  people and
that's what we're doing.  That's what  we're trying to do.
All we  want  to do ia just  aak for  a  break.   The coal
industry itself haa not had a break for  a long time.  I'm
going to aak you people to just consider  giving us a break.
Thank you.
            KR. OOBBR.I.  Aa Mr, Noble comes up,  it  will  be
Angela Stewart,
            DENNY HOBLE;   I'm Denny Ray Hoble.   I'm the
county judge  here in Perry County and what I've heard here
tonight  ia not  true  froa the  Kentuekians  For The  Cotnmon-
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                                                                                                                                             Steve Gardner, private citizen
        11-4-5
   ,    11-4-5
wealth.  We do have wildlife in Perry County now.  When 1
was growing up on the farm,  we didn't have wildlife.  There
was no atrip mining around that farm at  that time, yet we
still had sulphur water.  We had salt water.  Today, due to
coal severance money coming back to Ferry  County, we have
city water.  We have clean drinking water,
            There was a guy come to my office the other day
and he wanted  --he wanted to track the moon and he aaid
this star was going to  pull the earth apart and the earth
was either going to  burn or  it was  going to destroy the
people.   He  wanted to  build  buildings  on  the  earth,
Everybody has  an opinion on  what's going  to happen.   My
opinion is we need  our atrip mines.  Our  budget was around
thirteen million dollars last  year.   Two-thirds  of  that
budget come from coal  severance.  We  have eight million,
dollars  worth of  water projects  right  now and  sawer
projects.  Coal severance money.
            I appreciate the coal mines.  Me would not have
nothing to work with if it wouldn't  for the strip mines.
Thank you.   I  would like  to say one more thing.   These
people that are against the mining industry, when you go
horna tonight,  turn  your light switch on.
            MS., COKBiti  Angela Stewart,  Steve Gardner will
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                                                                                                    10-3-2
be the next speaker.  While Mr. Gardner ia coming up, after
him it would be Elisha Abner.
            fKWm .OMfflOaix   Thank  you.   I  apoke  this
afternoon.  But I've heard a few things this afternoon and
this evening I wanted to follow up on,  1 will  put all this
together  in written  comments later.   My name  is Steve
Gardner.  I am a consulting engineer,  I live in central
Kentucky area now.   I had the good fortune to grow up in
Appalaehia,  My family still owns land in Appalachia.   I
have lived and worked in Appalachia for most of my life,
But we  do  have to  atart  thinking about life after coal.
When that  happens, whan  we  run  out of  coal  in  a  couple
hundred years, I envision an area where  there are all n©^
coOTiunities and recreation areas on topa o£ mountains, with
industrial parka  and commerce areaa connected  by four lane
highways and airports, all of which has been made possible
by mountain top milling.
            In addition,  all of central Appalachia  is not
going to be level.   The B.I.S,  itself shows  only a small
percentage of the land  slopes will be changed by mountain
top mining.    This whole process  ia no different  than
highway constructions  or other   urban  developments,  any
other major construction  process.

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I   I
            How I've heard from a Catholic priest,  a nun,
and a  minister that mountain  top mining is iramoral  and
sinful.  That didn't -- didn't  set well with me.  How this
forum  has  turned  into  a debate  on coal  mining.    It's
interesting to  note some o£ these contrasting views,   I
don't expect either aid®  here to change the other's ndnda.
But with all we have heard, we miet be looking at different
worlds somewhere out here.  Now  this is  supposed to be a
forum on the merits of B.I.8.  itself.
            Mow, aa an engineer, I like to deal with facts.
And the criticisms I have heard are not baaed on fact,  but
emotions,  The  images we  see in  the press  are  simply not
true.  And, sure,  we've  had problems aa  an industry,   We
are human.   People make  mistakes.  We correct them.   Be
learn  from  them and we  go  on.   As  an engineer,  I have
investigated numerous allegations of mining damage.   The
vast majority  are  the  results  of other  problems.   Sure,
there's soitje problems that's caused by mining  cotHpanies.
And in all those cages they are corrected.   The insurance
companies and mining companies  do their best to take care
of the problem.  But In those cases a lot of coispanies are
presuttied guilty until proven innocent and  then are still
forced to settle outrageous claims that are not a result of
                                               207
the twining process,
            Now,  what happened in Martin County was indeed
unfortunate ss any major accident  is  unfortunate,  Again,
we learn and we go on.   Coal  is  a  commodity.   It's neces-
sary for our lifestyle.  There is little in our day to day
life that doesn't coitte  from some form or fashion from the
coal industry.
            Again, one  of  the  points  that  I wanted to
underscore that I said  this afternoon,  is landowners want
mountain top raining,  A  landowner ntust approve the process.
Mountain top mining cannot take place unless the landowner
approves.  We have had  scores of developments  that people
has named all afternoon.
            How this whole debate that created this E.I.S.
started  with  the  Hayden  decision  in  West  Virginia,  a
decision that  has now been overturned.  The Hayden decision
was based on  semantics centered around the definition of
"waste" and ths Clean  Mater  Act.   Kow we engineers many
years ago made a mistake by calling excess  spoil and rock
"waste".  M«  all know what it is.   The  industry has been
working under the mistaken  impression for years that they
are conducting a  legal  enterprise and then all  of a sudden
we are told it's now  illegal.

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                                                                                                                                               Elisha Abner, private citizen
          1-13
            What we  want  in the  industry  is consistent
regulation and one of the problems we have is  disagreement
and reinterpretation of the laws that occurs between the
different agencies.   We need a level playing field,  that's
what  SMCRA was  all  about,   As I  told the  group this
afternoon, I had the opportunity back in the  seventies to
work on research funded by E.P.A., D.O.E, Bureau of Mines,
on developing mountain mining processes.  And I'm sorry our
friends  £i"otn Tennessee are  gone.    X  used  to  live  in
Tennessee and worked down  there for four years.   But 1
helped develop the cross ridge  raining concept back in the
seventies. That concept is  simply mountain top wining.  We
all know  what cross  ridge  mining is.  It's nothing new.
And the federal government  funded that research.    Let's
talk about alternative- energy for a tsinute,   What is the
alternative to coal right now?  Nuclear.   That ia the only
viable alternative.  Some day,  wind  and  solar may provide
a small percentage of our energy.  I  am  confident that in
our lifetime  we will see  some new  developments  on the
energy front.  But,  until then,  coal  is  it,  Now some day
a lot  of  our tfiountain top mining sites might be a good site
for some windmill farms.
            But I  aleo  said this afternoon  farmers and
                                               209
miners  love  the  land.    1  think  that  makes  them true
environmentalists.  Thank you.
            MR..	COKBEi   Daniel  L, Mongiardo,
            EI.I8H& ABHSIU  Good  afternoon.  Good afternoon,
My name  is Elisha Abner  and I am not  a  member  of the
Kentuckians For The Commonwealth,   I am, however,  a life
member of the Buckhorn P.T.A,  I am a life member of the
American Disabled Veterans,   I  wonder sometimes what goes
on in these different organizations of,  ttiinea.   I  run up
here tonight,   I had been in a meeting in training because
I'm on the site based  council at nty local elementary high
school.   I wondered why should they be  complaining about
this,  when it  was not  so many years ago  that I first came
in contact with these  people  over in Leslie County at the
urgent request of the Begley Brothers Logging.   At that
time I got a terrible taste in my mouth for  the  Kentuckians
For The Commonwealth,  They are a misguided, misleaded --
mislead bunch of people.   They were trying to prevent Trus-
Joist McMillan  from coming into  this region. They have got
off that horse now and  they  are onto this.   I would ask
that they go home and join the  P.T.A,,  join a church, or
join something  to occupy your time.
            One comment  earlier  tonight,  I  had  several

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        11-4-2
notes here, but a lot of people has  stola my thunder when
they get  up  and answer to the  criticism.   But they was
wondering what was going on and the reasons the  Germans are
buying the water.  That's not my concern.  My concern is
this community.   My  concern  is the  livelihood  of this
community.  I have got four children still in school from
elementary through high.  I want those children to have the
opportunity to get an education, a good education.   Then if
they want to  go to the far ends of  the earth, that's fine.
But without  coal severance tax coining into our schools,
that education is going to be  suffering.       I have got
several pieces of property in  Perry  and Breathitc County.
I would like  to invite -- I don't see toy little  lawyer here
I had a few comments for.  So I'll just skip that.   I would
like to invite anyone from the Commonwealth of Kentucky to
purchase my  property  and start paying the  taxes  on it.
Then you can do whatever you choose with it.  Until that
time,  leave it alone.
            There was a  comment made about  the absentee
landlord,  that  they  own  property  here  and   they live
somewhere else,  so they don't care about  it.  The key word
there is "landlord".   They own it.   It was their family's
heritage.  It  ia cheir family and themselves that pay taxes
                                              211
                                                                                                    10-3-2
on it.  It's their choice what  to do with it.
            toother statement was -- they say that you go
ahead and make up excuses that you're going to noountain top
to get this other usage and then it turns into nothing.  If
you've got a, like they alluded to earlier, you've got a
ranch now that's  operative.   That's a  pretty  good use.
That's pretty good industry.  They'a a whole lot of people
that bala hay and make a living just working off of that
farm.
            The A.R.H,  Hospital  over here is sitting on a
top ~" a piece of ground that would not have  been possible.
The same  way with Trua-Joiat McMillan  and  all  the other
manufacturing that'a out here.   I had a ruptured appendix.
I live in Buckhorn.  Had it not  been for that land avail-
able, the old dilapidated -- dilapidated  hospital downtown
I may not have  survived.   My nearest option may have been
somewhere farther  than  I could have  gotten to.  I appreci-
ate the hospital being  located here.
            They'8 a veterans center out here.   Again,  it
wouldn't have been possible without  the land  being made
available.  I'm a  disabled veteran.  I served my country.
I feel that I earned the right  to own my property and do
with as I see fit.  If 1 go out here and join different

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Daniel Mongiardo, state senator for Perry, Bell, Harlan, and Leslie
Counties
                    organizations and get up and spread falsehoods and rumors,
                    then what's the purpose in life?  I look  for a purpose In
                    life to be able to serve my God primarily, my country, and
                    my  family.   I have  dona  that  all my life.  And  I will
                    ooatinuer to do that.
                               I had a -- my  pastor is in the building.  So 1
                    will close at that.  Thank you  guys very  much.
                               HR. GOKBRt As Mr, Mongiardo couaeB up, the next
                    speaker will be Brandon Smith,
                               BMSkJiQHSaSfiai.  Wall I'm glad  I  got to go
                    before Brandon,  because  it  ia  before midnight.   but  it
                    won't ba after he is done.  I am Daniel Mongiardo.   I'm a
                    state senator for Perry, Bell,  Harlan, and Leslie County,
                    which includes a  lot of the area that we are talking about.
                    And, as  I have  set  here  and listened to  the  different
                    perspectives  on  both sides,  I  really  appreciate  the
                    discussion on both sides.  But I wanted to look at it from
                    a different perspective,  which  we may not have  thought
                    about before.   And  it does  have to do with mountain top
                    removal and destruction of peaks.
                               A  couple of years ago we had a couple of peaks
                    that came down  in thia country,  the Twin Towers  in New
                   York,   It happened because we have a great dependence  on

                                             213
               10-3-2
               11-4-5
   fuel.   We  have  a great dependence on  oil  from foreign
   countries,  from foreign countries that people live in that
   hate us so  tnuch that they will fly our own airplanes into
   our buildings and kill innocent people.
              How what we should be  doing  is increasing the
   dependence  on fuel, but an increase in dependence on our
   fuel, because I don't think there  is anybody froits Eastern
   Kentucky who would ever think about  flying a plane into our
   own buildings.  He need to develop an  organisation called
   Eastern Kentuckians For America' a Homeland and I invite the
   Kentuckians For The Commonwealth to join that.

              What we have because of coal, we  have -- I'm a
   --  I'm a pilot and I am a doctor.  We  have an airport.  Me
I   have a hospital,  We have a hospital system that used to be
   the Miner's Memorial Hospital System because of our coal
   miners and coal.  Without that, we wouldn't have hospitals.
   Me  wouldn't havs  airports.   We wouldn't have industrial
   parks.
              We have  currently  fifty percent of our coal
   severance money coming back to Eastern Kentucky and most of
   that money, thanks to a lot of fight from our  representa-
   tives, one in the front row h«rs, ia going to  water, clean.
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                                                                                                                              Brandon Smith, state representative, 84th
         7-2-2
        10-3-2
safe drinking water for our people.  We'v® got the highest
cancer rates and some of you have heard me say this before,
we have tha highest cancer rates in Eastern Kentucky,  Not
because of tha water  that  runs through our streams or the
coal that has been taken out of  our  mountains, but because
of other reasons,   OaB wells that hava driven deep,  deep
through multiple layers  that  have allowed chemicals  to
escape into our water wells.  And  we  have  to stop that.
The only way  we can  atop  that  is through  coal severance
money,   That'a the only money that we gat that comes back
here that we can protect ourselves with long terra.
            Se have  elk.   Elk takes five percent pasture
land.  Without mountain top retRoval, we would have two to
three percent pasture land,  We would not be able to have
elk  in  Eastern Kentucky,  which  ia part  of  the  tourism
that' a going to be part of our future.  We  have seventy
percent pasture land  because of mountain top removal.
            We have,  next month  we will be breaking ground
on a new industrial park in Bell County because on an area
of thousands of acres of mountain  top removal.  It's going
to be one of the most beautiful  industrial parks in all of
Kentucky and that's going to bring jobs in  Eastern  Ken-
tucky ,

                           215
                                                                                                    10-3-2
            One of the future fuels that we hope to have is
hydrogen fuel cells that's going to be a byproduct of coal
gasification.  So,  while  some people want to stop coal, I
think that it is imperative for us to demand that w« put
more emphasis on coal for today,  for our homeland defense,
and for the future  of  this  country.  That's what each and
every one of us want for our children, our families, and
the future of Eastern  Kentucky.  Thank you.
            MR*  COKHKi   As Mr,  Smith  corner  up,  the next
speaker will be Michael Meade.   That's Michael Meade.
            aiH2M_^S3Si   I  would  like to  say  to the
group of men arid women up here that  Senator Mongiardo, who
just spoke before you,  one of our Kentucky senators, and
myaelf as. a representative, have deep understanding of our
area,  and I would like to certainly take my hat off,  or
somebody else's hat off  in  that  case,  for the  type  of
commitment that he has shown and  the  type of commitment
that our work force has shown to us.
            I would be remiss if I  didn't go through all
the different things that everybody else has.  And I don't
have any prepared speech.   But I have jotted down some
notes.   $e  could talk  about what we have done with our
property as far  as the industrial parks.   That will mean a
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major  difference for  the people  you  see  out  In this
audience.  The airport  that we're getting ready to expand,
or  for  the  golf courses  that  we hope to bring.   What we
have been able to do by converting a lot of  this  property
over for our elk.  Because the  things that  are coming in
this area are tremendous.  Their impact has been tremen-
dous.  And behind these hats that you see out there, the
paople that we know, you all may not  know then.  But  1 know
every one of  them and in moat  cases  have  been  to their
horae.   When you say  Kentuckians  For  The  Commonwealth,
that's them.  They are right out  there.  They have  got caps
on.  They are ~-
            This is a truly great group  of people.  These
guys, I hunt with  them and we fish together and we have
gone out and cleaned up streams  together,  You talk about
a leader,  right here,  David Duff,  has opened up roads and
cleaned up  country and stuff  at his own expense.   His
property out there, the University of Kentucky  has used it
for a lot of different things that  they are studying and
doing.   The cattle that he has brought out  there and the
awards that he has brought to Kentucky for the work that he
has done on his property, the grasslands  that are bringing
in large animals and herds  that we  weren't  able  to have

                           217
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here for a long titns.  In sope cases the forests are now --
have bear that are coming back  In.  These people out here
are responsible.  And they are all ttisisbers and they are all
Kentuckians For The Commonwealth and  they all  want what'a
right.  How,  just because they  ntin®,  it's almost nonsense
to think that those two can't be the same.   Mining  is just
a way of us to be able to level off some of the land that
we can make flat  land in order to do these things,  so that
thes® men that worked hard in the mines for  the years that
they put in there, and the hours they put in there,  tc know
that their family can have more.  There is nothing wrong
with them.  They should be extremely  proud of  that.
            And  the  state  in  our hand,  we  are  public
servants just like you are.   And I would like to address
some of my comments to some of the  offices that's here.  I
have  been extremely  frustrated with  the  way that  our
permits go through.  Mith the Army Corps of Engineers it
takes us forever,  I call over there and I constantly an
trying to keep these men from losing  their jobs.  I'm not
talking about the  mining  operations  that  are negligent,
I'm talking about the ones that  go back in there and do top
notch work, people that have won  awards  for  the  type of
reclamation work that  they do.   Yet they wait  for tremen-

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dous periods of time to go over there and find that their
permits are just  still sitting there,   "Well, we'll review
then, we're going to get started  on  that,  we'll look at
that next week,"
            How,  when it comes to, and I'm getting a little
bit more technical than I want to, but when it cones to the
mining mitigation process,  listen,  that's a program that
works.  tad 1  understand you all do  us  a favor by doing
that.   I  don't have a bit of problem with  the way that
works.  It's good.  We have  developed a lot of property.
We have been able to create things because you allow that
to go through.  But when the process stalla at your level,
it costs theoa men their jobs.  There haa been joba that
were  shut down just in  the  last  couple  of weeks because
they were holding out hope they would  be  able to get their
permits to go through.   When  I called them yesterday, the
permit hadn't  even been picked up yet.   And,  as a state
official, and  Rjy duty  is to  take care  of  these Etien and
women and their  families and to make sure they have the
right to be able  to work at a job worth doing,  tod that's
what's great about Atnerica ia you can atill do work here
that's worth doing.  And when you all hold that up, maybe
it's because there's some kind of a federal regulation or
                                              219
                                                                                                   12-1-2
you all understand or whatever, this is  stuff that we need
to talk about.
            Froiti a state level as a state official, I want
you to know that that' s hard  for  me to go over to these
homes  and  see  these families not  be able to  work,  not
because of  anything they have done wrong, but because their
permit didn't get picked up and  somebody is going to have
to take a chance to take  a look at it tomorrow.  Then it
goes through a  long  process just to get started.
            So  1 want  to encourage  you  to look at the way
you all processing that and look  at how  efficient  -- if
there's ways of  making it more  efficient,  especially in
cases where isen are going to be laid off and jobs are shut
down,  tad  jobs are not negligent.  These are guys that are
good players.  They are good faith players  that want what's
right.  They take care of their workers. And on the other
side, they take care of their  community.  I would ask you
when you look  at those permits to  look at the faces of
these people out here because it's their jobs you all cost
when those do not go through.
            Now, there's a lot of things that are going to
go on here and  you all have got  an  opportunity to make it
better and make our  jobs easier.   So I  don't have to call

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                    so much and we don't have to worry so much about that, I
                    can go ahead and take  care  of  other things that we need
                    like education or getting better water.
                                But there's people  out there, Fttz Steel, one
                    of the best people  I know,  has done tnore to work over at
                    Buckhorn of his own time  to make that a better place for
                    people and their families.   You should  be  lucky in your
                    lifetime to meet somebody  like that.  And these people that
                    have come out here tonight, that their families are waiting
                    for them, that are  in h@re  on tired, legs.   These men are
                    standing hers on tirsd lega because they have been going at
                    it all day.. I know you all  are tirad.  But you are public
                    servants just  like me and  this is  our job.    I  never
                    complain about my job.   But,  listen,  it is so important
                    what you do.   The decision of this comnittee and what you
                    turn in ia vital to what  happens in Kentucky.   This is a
                    federal policy.   It's not just Kentucky,  It spreads out
                    and it has a broad  effect,
                                How many of  you all, and l want to ask you
                    this,  how many of you have been through this area here and
                    have toured the area?  Please, raise  your  hand.   If you
                    have been out here and seen these coal fields.  Have any of
                    you been to the coal fields?  You have.  Bo you all -- then

                                              221
                           everybody has been out there.  How many  of  you are frotti
                           coal producing areas?  Are anybody in here from the coal
                           fields?   I  mean,  please,  I'm not being  facetious,   I'm
                           being serious.  Because when you are from  there, you can't
                           ever escape from  that.  That's your heritage.  You under-
                           stand who we are.   But  with  that,   I just  challenge you to
                           do what' s right,   That you can do both.   That you can do
                           the thing that tftakes you f©el good about yourself.  But you
                           can also  be  prograasive.   That's why it's  extremely an
                           honor for me to put  this  hat  on  because  the fellow that
                           gave it to me is a hard worker.   He is very proud of the
                           job he does,   tod you should be proud of  the job he does,
                           Thank you,
                                       HH. COKSRi  Before I go to the next  speaker, I
                           do want eo say, you know,  we said  from the beginning that
                           we ware not up here to answer your questions.  And we have
                           tried to  refrain  from that.  But I assure  you that we have
                           been to the coal  fields and  we do  work in the coal fields
                           and w® are familiar with what goea on in  the coal fields.
                           Beyond that,  we won't say  anything else.   But, other than
                           the next  speaker ia Michael  Meade.  Michael  Meade ia not
                           here apparently.   Charles  Everage,  I see Mr. Everage is
                           coming forward.   While he  is coming  forward,  after Mr.

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Charles Everage, B & C Trucking
        11-4-2
   Everage the next  speaker will be Bill Caylor,
               CHARLES EVSRAGEi  My name Is Charles Everage,
   I am from Hindman, Kentucky, at  Knott County.  I own B & C
   Trucking.  I'm a coal hauling company.  And I  am also a
   mineral -- mineral owner.  One of my concerns would be what
   would happen about our •unmined mineral taxes that we have
|   to pay every year.  Already as hard as it is to mine, it's
   getting more -- less  and less feasible  to  mine  the lower
   seama of certain  -- certain coal.  But I am having to pay
   taxes on it right now  every year that it's not even looking
   like they are going to be able to mine as it is.  Then they
   keep wanting to make it  harder and  harder on their surface
   mining companies.  I just, you know, it's getting worse and
   worse.  It's unfeasible to do  it  any other way  at this
   time.   They have been  a  few tried  the shaft mining and
   stuff like that and it might be, you know,  it might be all
   right in time.   But, as  of  yet,   I don't  think  it's  a
   plausible way to  do it.
               I've got about fifteen  people that works under
   me.   I'm no  -- no big conpany or anything.   But  I do have
   families that depends on me, you know, for  their paycheck
   and their family's livelihood,  I've got a  four  month old
   little daughter myself.  And  1  live here.   I have always

                             223
lived here and probably will live on.  This is all I have
ever known.  We've been -- I've been in the mining also.
So I understand how that goes.  It's  - -  it's  not a very
pleasant business, to be honest about it.  It's very rough.
But it's  the  way of life  for  my  papaw's and  his  papaw
before that.  And right now we are even, as bad as the laws
is right now,  we have been  setting for two weeks on we've
got two jobs on the man that I work for,  we've shut down
for crawdads and another job shut down for bats and stuff
like that.  I tftean they are still  going to say will this
make it worse and worse,  you know.   &nd I just don't see
where it's going to e0d if -- if this  is -- what we are
setting on right hers, this is fill, if I'm not mistaken.
I might be wrong.  But this  ia fill that thia building that
we're setting  on right now.  It's an awful nice building,
I think.
            But,  to get back with it, I -- like I said,  I
was in mining royeelf and the people wants  to  talk about
that,  my father and grandfather mined for years and right
behind our place  of  business right  now, that'e all  on
filled and it's been mined and we have --  on  top of the
mountain,  1 thought about bringing some pictures over here,
but they was too big.   But  you wouldn't even realize where
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         7-2-2
you would be up there.   We've  got  cattle, elk, elk, a. lot
of elk.  About -- we can out fifteen hundred balsa of hay
on the property we own.   .tad we've got deer and foxes and
turkeys. People  aays  it destroys the country.   Well,  I
think -- I think it's just beautiful up there.  It -- it
does change the mountains.  But it changes them for better,
As I say,  any kind of business besides your personal homes
maybe not, bat any kind of a  government building in this
area, I would say almost seventy-five percent think  it's on
fill,  that might not be mining.  But I mean if  we're going
to talk about landfills, hollow fills, however  you want to
say It,  you might as well talk  about the whole thing, fill.
A fill -«  fill is fill.   Mo matter if you're mining coal or
if you  just  take it off of thia  mountain  to  build this
building right here.   It'«  still fill,   I shouldn't think
there would be any kind of  difference in that.
            Creeks,  they want  to talk we destroy creeks,
We already you can't --  you cannot fill nothing  what, sixty
foot, sometimes it's a  hundred and  aome foot  in certain
places,  in cities and stuff.
            I've not planned nothing,  1 work for a living.
You know,  1 just -- i heard about this.  I heard about thia
yesterday.   It, you know, I'm glad 1 come,   I'm glad to
                                              225
hear everybody's  ideas.   But, you  know,  I didn't  write
nothing down,  I'm just talking with --  with what 1  feel.
People that don't like raining or don't  like our business,
they need  to come on -- as they said,  the  people that's
against it, that's all I've heard  is  "Martin County, Martin
County".  I have never been to Martin County and I've  lived
in Knott County,  Hindman,  all my life,   I've  never been
over there at Martin County Coal.  I work for  Bob Miller,
Millar Brothers Coal,  and  I'm sure he wouldn't  care for
anybody to  go  on his jobs and see  anything we  --  1  say
"we".  It's his company.  But  it's like a family.  I  would
say h© would care less if you — anybody would com© over
there and look.  It i»akes vsry beautiful land.
            That's -- that's  about  all  I wanted  to say,
But I — 1  am, you know,  that is,  you know, we are all here
because of money.  I  mean  it's  a sad thing to  say.    But
that'B what we are here for.  I mean I'm worried about the
people that works  for me.  You know,  they -- you know, like
1 said, now here's two weeks that  went by that I don't know
how much money you all  make and don't care really.    But
they went  two weeks now on  just  frivolous.   Just like the
one guy talked, you know, people  that don't  do  the mining
right,  well that'B fine.  You ought  to hold them up.  But

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Bill Caylor, Kentucky Coal Association
                    people that does it right, it ought to just keep on going,
                    you know.  Because I'm worried about fifteen.  He's worried
                    probably about a hundred and fifty.  And,  you  know, it gets
                    very unnerving when you are trying to do right and do by
                    the law and then  they still  want to come up with stuff to
                    cut you off.  So  I  thank you for your  time.
                                MR. COKBRi  Aa Mr.  Caylor conies  up,  the next
                    speaker would be  Fit* steel.
                                ijXXifr C^V)tIjfl|Sf  l"hank you very much,  ifla'am, .let
                    me know when my one minute warning is.  I would appreciate
                    it.  I want  to make sure I've got a couple points I want to
                    make sure at the  ©nd.   Thank you very  much.
                                Ths first thing I  want to say  ia Qod help us
                    from all these out of state do-gooders  that are  here to
                    help us.  I  don' t  know what we' re going to do. And I' in not
                    referring to you  all.  I'm talking about the people from
                    out of state that  comes up here and tells us what we need
                    to do with our coal minea and our  lives.
                                There was a little old lady that  set over here
                    earlier that laughed at clean coal technology.   How what
                    clean coal  technology is is technology that  will scrub away
                    the pollutants from the sipoke stacks at our  utilities.  And
                    a lot of  the old utilities need these  clean coal technolo-

                                               227
                           giee that will mate the air cleaner.  It's very good.  What
                           we saw was what  I  would call  a wolf in sheep's clothing
                           because she was againat that.   She is against --  she is not
                           a true environment  ~- envirorattentalist,  because  that would
                           actually clean up the air.
                                      And I want you to know on® other thing.  Clean
                           coal technology would allow more Kentucky coal  to be burned
                           in utilities  and  that would elintin&te our dependence and a
                           lot of utilities dependence on  Wyoming coal. So  that would
                           be a great plus for the  Kentucky coal industry.
                                      Now/  rny name is Bill Caylor I'm president of
                           the Kentucky  Coal association and I speak for  the Kentucky
                           coal industry,
                                      This  lady also mentioned the  tourism.   Th«
                           tourism ia no bargain for a community.  It ia  an excellent
                           piece of a diverse economy.   But the tourism ia baaad on
                           minimum wage  paying jobs.   And, trust me, that  ia not --
                           that is not a bargain for any- economy.  It ia  a  piece of a
                           healthy,  diverse  economy.   But don't let people tell you
                           that's the sole  --  the sole salvation.
                                      She other part was the Bible bashing.  I tried
                           to keep  from saying this,  but 1 can't  help  myself.   We
                           don't to bring the  quote from  the Bible  into  this debate.

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                    You can see — read anything you want to in the Bible.  For
                    example, in Isaiah, it's either vers© thirteen or fifteen,
                    it's  around that  area,  it says, and  I quote,  that  the
                    "mountains  shall  be laid low and the valleys filled in".
                    Also  in Genesis,  you  know,  it  talks  about man  having
                    dominion over the  earth.  Let's stay away frotn the Bible.
                    Let's don't drag the Bible into this discussion because you
                    can read anything  you want to  in it.
                               Profits.  Profits is not  a dirty word.  It'a a
                    healthy word.  If we did not have profits,  none of us would
                    be here.  Ask any businessman in Hazard or anywhere in the
                    country or  anywhere in  the world.  Ther® ia no such thing
                    as a dirty word called "profits".  And yet, you have people
                    that laugh  at that and  talk about the corporate greed.
                               Coal responsible for the environment or for the
                    unemployment.  That's so untrue and so irresponsible.  It's
                    an exafi^ple of what I call voodoo econofnics.  It's based on
                    untruths and it's  used  to just perpetuate the railinga of
                    a•few that  want to see  the coal  industry end.
                               They talk about ths scars from mining, frota old
                    niininsj.  On® -- one lad said that we will have thess gear©
                    a thousand years from now. Another lady, referring to the
                    Martin County Coal slurry --  accident we had three or four
                                              229
               14-1-2
years ago, said it would be devastating forever.  That tlw
water was above the  toxic levels.  That ia so untrue,  it's
unbelievable.  The coal slurry ia nothing more than  coal
tinea, clay fines, shale, sandstone.  It's rock.  There is
nothing unusual about it.   And yet,  the K.F.T.C continues
to portray it as something evil and toxic and nothing could
be farther frota the truth.  Grass will grow  on it.   It's
clay fines.  Coal is nothing more than prehistoric wood ~-
woody material,
            Then you talk about water above  toxic levels.
They are now bringing in selenium a0 a new toxic chemical
that's going to devastate our streams,  I took a Centrum
vitamin this morning when I got up.   And every vitamin has
selaniuw in it. XQU know, I don't know what  else they are
going to coin© with next.  But, you know, W6  take that as
(miltivitamins.   It's in every  multivitamin,
            Destroy  streams.  We elevate these dry ditches
and they are still  --  th@y still  function  as  a dry ditch.
If we need to do more,  vegetate it,  let us know and we'll
do it, you know.  But we tranBport water.  Give  it a few
years and it  will transport the organic materials down and
it will become a headwater  stream  again.   It's  called  a
headwater stream because it will carry the decayed plant

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                                                                                                                                                 Fitz Steele, private citizen
        14-1-2
        11-2-2
            1-4
material which is Important to sustain the ecosystem down
below it.  Give it a few years.
            Bringing in other businesses.  You expect the
coal industry to do that.  Me will work with  you.  This is
the beat industry in the world,  aive us ideas and we will
work with you to bring other industries  to diversify this
econoray.  We will do it.
            Flooding, after these intense summer rainfalls.
If you had had the earns rainfall in  any  other part of the
state, okay, excuse  me, and it  would still  flood.   Quit
looking for sottaebody to blame.
            Now,  we prefer alternative three.  And I know
you guye do too.  1 know you guys didn't gat a chance to
say that in your prior comments,  I want people to raise
your hand that prefers alternative three.  Raise them high,
guys.   1 want  you to  count this.   I want  this  for the
record.   Count it.   You've  got  at  least fifty  people in
here with their hands up that are for alternative three.
I want that to go down for the record.   These people did
not have a chance to ~- or  didn't realize that this is aoms
of the information that you  all  seek.
            The last thing I want to say is you miners,
coal miners,  are America's heroes.   Thank you all.

                           231
                                                                                                    10-3-2
            MR.  COKER:   As  Fits  Steel  comes  up,  the  next
speaker would be Randy Wilson.
            PCTZ STEELi  Yeah.  My name is Fitz Steel and
1 do work for Pine Branch and 1 am pro coal.   One thing I
am also, I'm on  the Hazard/Perry County Industrial Board,
Without the coal filling the hollows in --  I'm sorry,  we
would  have  no  industries,  no  factories  around hers.
Another thing that gets me,  I don't understand the defini-
tion of a stream and a runoff ditch.  That's what gets me.
And as far as the streams,  we have  a job at  Combs Branch
that we have seen and have pictures of when the creek gets
up so high, it's so muddy the water coming off of our job
is clear running into that stream. Me have cattle, horses,
on our job.  And I'm not talking.   I'm going to ahow you
pictures.  Anybody  that  wants to see these pictures,  you
are welcome to.  If we destroy the land, I don't know what
it ia.
            Also they ar© talking about alternative fuels,
nuclear power.  That's  good.   We guard that  right  now.
Natural gas, and no one  has mentioned  this.   1 have  been
here since -- what  time did this start, two  o'clock?   I
think it's  August  17th  in  St.  Petersburg,  Florida,  our
energy committee, they are meeting with the Russians.  They
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Randy Wilson, private citizen
                    want  to buy gas  from  the  Russians,   That makes we  feel
                    good.
                               And,  oh yeah, the Kentuckians For The Common-
                    wealth,   Every April in central and Eastern Kentucky,  and
                    which  I'm a member of PRIDE in Perry County too,  we  have a
                    little thing  for  two weeks  called  PRIDE.  We  gst out, we
                    walk the  roads, we get  in the ditch, we get in the creeks,
                    we pick up garbage, we dodge rattlesnakes,  we pull  appli-
                    ances  up over the hill  for Perry  County.   I don't  know
                    about  the rest of Eastern Kentucky,  And I have seen them.
                    And I  have walked twenty-three point four-tenths wiles in
                    one day, both sides, five hundred and thirty-one bags,  less
                    than fifty volunteers.   Do  you  know how many Kentuckians
                    For The Commonwealth halped us?  Nona,  They need to clean
                    up their  own backyard.  We're taking care of ours.
                               MR. COKERi  Before Mr,  Wilson comes  up, right
                    now that's  the last speaker  we have  registered.   So if
                    anyone else would  like to apeak,  while  Mr.  Wilson is
                    speaking, if you would, please, go back and register if you
                    have changed your mind and  want  to  speak and we'll get you
                    on up  here to  say what you have to  say.
                               Rjmmr wn.80Ht   Hi,   My name  is  Handy Wilson,
                    I  live on the Red  Bird River  in  Clay  County.   I  go to

                                               233
                           church at Joy  Center  and we pick up garbage  too  in our
                           streams.   I just  sauted to say a couple of  words.   Our
                           neighbors, my neighbors are miners and they love each other
                           more than any two people  I  have ever seen.   And I think
                           miners, their life depend on each other and that's why they
                           are here tonight.   They  know  their  lives depend on each
                           other when they go underground.  And most of the miners I
                           have seen, they are friends for life.   And, you know, I'm
                           proud to  have  those people as  my neighbor,
                                       And my wife is a doctor and she sees a lot of
                           miners too.  Back  problems,  all kinds of medical problems
                           that come through.  So, you know, it1® iiflportant to honor
                           the people who do  that  work.
                                       But 1 would like  to  add that  I think the
                           problem her®, beyond engineering and arguments, scientific
                           or moral  or immoral,   I  think we --  the real  issue  is
                           options for work.   Whether  these  men here,  what other
                           options do they have?  From Montana they -- they looked at
                           Appalachia,  our part of the area,  and they had resources
                           and they were getting  --  getting ready to mine  that out
                           there.  They came to the Kentucky legislature and they said
                           --  the  first  thing  they  said,  "Me  don't  want  to  be
                           Appalachianixed.8   W®  said "What do you mean by  that."
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        11-4-2
        11-1-2
They aaid, "Me want to get  the noney and the tax to build
the best  roads,  the best  schools,  the best hoepitals In
this nation, we  want  to start now,  we don't want -- and
we're going to have that for our people."   And  that option
is not alive for us.  That  severance tax,  it's spread all
over the Commonwealth,   It didn't all come  back here.  And
it's funny, you  know,  that we set on  a gold mine,  coal
mining, oil, gas.   And we've waited so many  years.   We
should be  --  we should have  the  beat  schools,  the beat
hospitals, the best roads in this nation for what we Bit
on.   But  that  option  ha® been  frittered away  by  our
leadership.  So  these  men  and woman here, we talk about
options.  It's not sciance.   It's  options  about diversity
and work  and a meaningful  job in  this area.  And that's
where  our leadership,   I believe,  and we  as  people,  as
citizens, have let  our people down,  our mountains down.
There's plenty of  people,  they would  like to have a job
that wouldn't break their back or ruin their lungs,  fhere
are plenty of  people that  would like to have an option of
something els©.  My wife sees people without options every
day.  But you have to think on the other hand.  This isn't
just my opinion.   But  I think,  like the  man said, it is
money.  Money  ia  the option here for a livelihood,  for our

                           235
communitieR,  Is there another option?  Is there another
option for me to turn on those lights?  There is no other
option, no viable other option.  Are there that many other
options?  There's not that many other options. So whenever
you talk about engineering or science,  it's alrcioat irrele-
vant when you have a situation that ha© no options.  That's
why these people are her®.
            How, let me add one other thing.  If  -• if this
is good,  if thie ifiountain top removal is good, why don't we
export this idea?  Vermont,  they have mountains.  They need
apace.  They need room for hospitals and joba,  Why not go
to Vermont, the  officials, and ask them if ws could export
this idea  to Vermont.   Mew England,  Sew Hampshire,  they
need space.  They have mountains.   Switzerland, they have
mountains.  If thia  is a good environmental economic plan,
we should be enlightening thie country with this plan.  But
we are hare for  now.  Why?  Other options.   And you are in
a tough position.  That's why this is a powder keg.   You
are in a tough position because there are no other options.
            MR.  COKERi  As 1 said, we don't have anybody
else signed up.   The hearing is 0cheduled to go  until
eleven o'clock.   So  if anyone wants to register and speak,
now is your chance.  I don't --  I don't want you  all to sit

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Larry Keith, private citizen
                                                                                                                        Wesley Harvey, private citizen
        10-3-2
here arid just look at each other,  I don't guess we planned
for that.   Lee'a  just take a break,  Let's  take  a five
minute  break  hers,  at  least  a five  minute  break.   If
anybody wants to speak,  please register and we'll get the
cards and get you  up on  the — up on the podium.
            K&3SSB.
                        Okay.  Mr. Keith.
                       i   My name la Larry Keith.  I have
been in engineering  for twenty-six years and involved with
mining the same amount,  A gentleman had mentioned earlier
about the  topography  and the  need for area  that  mining
creates.  Earlier I  looked  at an  area approximately one
square mile around the Hazard Regional Medical Center and
the Hazard Village  Shopping Center.   In this area there
were one hundred and four dwellings, twenty-eight medical
and health  care"facilities, eighty-nine businesses,  six
church&a which occupy previously mined area.   This is --
this is an area which ~- which  twenty-some odd years ago I
had looked at  a map  they  had drawn out areas for residen-
tial and commercial  properties.  And today that --  that's
sqmething that  has come  true.
            A couple  months ago too  I  had talked  to  a
biologist from  a college up in Northern Kentucky that came
                           237
                                                                                                     5-5-2
down  to  do a  study or a  bug count,  as  they call  it.
Standing at the outlet of a pond on  one of  the jobs,  he
told nte to not let anyone tell ttte different, that the water
coming from this pond was substantially cl&aner and better
than any water that you could find in  any open channels in
Louisville,  Kentucky,   So that's, you know,  maybe  the
Kentuckians For The Commonwealth can go start investigating
this.
            MR. COKER:   Is  there anybody else?   One last
chance for anybody else that wants to apeak and get their
views on the record.
            HE« DtlFF i  Can I speak again?
            HILt-fiSSJiEi  Well, we've got a rule on only once
per session.
            I'd like  to speak.
            MR. COKBSt  Can we get you a card? Okay.  That
would be fine,  she'll wait,
            Have you got a card up there?
            MR. COKER i   Do  we have  any  cards up  here?
We'll just  write y our name down.  That will be fine.   Be
sure and state  for the record your name  after you write it
down and where you're from, please.  Thank you,
            M8MY MUWgri  My name is Wesley Harvey.   I
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   9    11-1-2
would like to say a little something.  These people that's
against our coal mines and against our way of life don't
seem to understand one thing.  They live in the big cities,
They get all these businesses coming.  They get all these
businesses bringing  money  in.   Our money from  here in
Eastern Kentucky, I know for a fact, fifty percent of it
stays up hers.   I  --  we  get our money back here for our
kids supposedly to be able to get a better education.  But
yet, for some reason or another in our area here, we have
to lay our teachers off just  this past year. Our education
is gone. Unless we kesp our coal companies going  and keep
our area money coming in,  our kids  don't have  nothing.
I've got a four year old son.  Richard has got three.  I
don't want  my son to grow up in flat land.  I don't want
him to  grow  in Lexington.   I  want  him  in the mountains
where ha lovea  to walk, pick blackberries.  Coal companies
provide  a living here.  People need to realize.   I  mean you
all have got  a  job  to do.    Don't  get  me wrong.   But,
please,  don't take our way of life away from us.   My son
loves this  area.  And if  you all shut us down, I have to
leave and I don't want to leave.   That man provides me a
living six days  a week,  I  get to  do things  with my son
that I could not do if 1 lived in the city because I would

                          239
                                                                                                     7-2-2
have to work seven days a week around the clock to make the
same living that I make  there.  You don't understand.  You
all need to live a day in our shoes.  Live in our shoes one
day and you will see the regulation that you all  have put
-- trying to put on ua ae a coal  company.
            The coal cow^anies around h«re shut down,   I
have worked for three coal companies.   I worked for Locust
Grove,  I have worked for Diamond May,   And I now work for
p.tne Branch  Coal.   Theae coal companies have shut down.
The little gal  that lived  in Wolfe County, if she would
tell you the  truth, when Buggy demons was stripping in
Wolfe County,  Wolfe County was a living, booming town.  But
the coal got  to the point where they couldn't no  longer.
The regulations got  to  where we couldn't nine  it.
            That's  all that  I'm  saying.   Please, please
don't take  our way of life away from us because this is all
that we know.   I mean  think about  our kids.  My kid,  my
little boy, God hope and pray  that he gets to be around
here and enjoy the land that  this man is developing because
it'a right  there where  i live.  This man makes absolutely
wonderful   land,   when  I was  his  aize, you  never seen
turkey. You  never seen deer running around.  How I can go
out  and get on  my four  wheeler and ride up and it ain't

                           240
MTM/VF Draft PEIS Public Comment Compendium
                                                                 B-123
                       Section B - Kentucky Evening Session

-------
Simmy Ray Bolen, private citizen
         6-2-2
nothing to see twenty deer, two hundred turkey.  Geese fly
aver top of my house all  the tirae.  Go to a pond.  They'8
a creek that runs down in front of itiy house.  The creek was
dry aix months out of the year.  They put a holler fill in.
The minnows has come back in the creek.  The crawdads is
coming back in this dreek.   This creek  never  runa  dry.
There's fish in the pond.   You can't tell me that -- nobody
can tell me that the water is not clean.  Because I  know
for a tact  that minnows  and crawdads  will not  live  in a
dirty stream.   Thank you.
            HE. COKISRt   Please write your names down here/
please,  and state  your  name and where you're from for the
record.
            SIMMY  KKX BOLRN:  Okay.  Simmy Ray Bolen from
Buckhorn,  Kentucky,   Well, one thing  I'd like  to  say is
that the seven seam of  coal waa once level  and it washed
out and the same material that waa on the coal is what's
down in the Mississippi  River right now probably.   But
really what 1  would  like to say in front of a big crowd is
there is  nothing in  this  world what  don't  require  a
sacrifice,  I waa thinking about our  soldiers  that  are
fighting for our freedom tonight, sacrificing  so that we
could do this.  We live in a great country,  America,  and

                           241
I'm proud to b® an American.  I'm proud to be from Kentucky
and I'm proud  to b® a coal miner.   And I'm the pastor of a
local Baptist  church,   I get in trouble every tine I get
behind a pulpit,  most of the titflfe.
            But anyway,  I was thinking about the sacrifices
that people make.  And  I  don't  -- anything  that's worth
having is worth sacrificing for.   Like Dave  said,  that a
man that won't die for his country don't deserve to live in
it.  ftnd I feel the same  way about a lot of things.  I have
been mining  coal  for twenty-eight years.  I have worked in
the strip mines and everything.  There's sacrificing that
go with that.
            And one sacrifice I can think of that was for
the betterment of  the  community,  the betterment  of the
people surrounding, waa the Buckhorn Dam. Back in the late
fifties and the early sixties my family was run out.  But
overall, it  helped everyone. And,  as  I look at that, I can
see where a  few people has to sacrifice for the betterment
of  the  community and that's all  that I wanted  to say.
There has to be a sacrifice for someone.  Okay.
            MR. COKBti  Polks,  I think for all intents and
purposes, it's eleven o'clock  and I  appreciate  you all
coming out tonight.  You all have  a good evening.

                           242
MTM/VF Draft PEIS Public Comment Compendium
                                                                 B-124
                       Section B - Kentucky Evening Session

-------
                   STATE OP KENTUCKY

                   COUNTY OP PERRY

                         I, Jim  Kelly,  a Notary Public  for the State of

                   Kentucky at  Large, do hereby certify that this hearing was

                   reported by  me at the Hal Rogers Center, Hazard,  Kentucky,

                   on July, 22,  2003; that said deposition was taken by me in

                   notes and also mechanically recorded; and that the above is

                   a true and correct transcript  of said hearing.

                       Dated!   July 28, 2003,
                                                  ota"ry Public,Sate of
                                                  ©ntucky at Largpe
                   Ky commission expires 5/9/04.
                                            243
MTM/VF Draft PE1S Public Comment Compendium
B-125
Section B - Kentucky Evening Session

-------
                         West Virginia Afternoon Session
MTM/VF Draft PEIS Public Comment Compendium                B-126                    Section B - West Virginia Afternoon Session

-------

-------
                                                                                                                              Mark A.  Taylor, Ch-aixwan,  OS Army Cur|« of Engine-era




                                                                                                                              Jeff Cofeer, 0£fice of Surface Mining




                                                                                                                              Kiech Sucw, c.S. Fiafa &. sfildl.ito S«r%'.ice




                                                                                                                              Rui'-ssil 1  Hsa:i*:«;• r, KV Do|>fc -  of"  tevironwvsr.eal Prcr.cctlen









                                                                                                                              Kathy Hodgkiffis, U.S, Knviromis-riCal I'roC^ction Agenc-y




                                                                                                                              Katiisrine  Trott, U.S. Az^/ Corps c-f Enginffiats
                                                                                                                          16              Tfes Ccxp,-! of Ea^i^eer^j U.fl.




                                                                                                                          I?  &;vij-a^ft^Kt«X pyts-tarctloji 49^Kcy, &'.$. Fash and




                                                                                                                          18  »ildli£« Service, O.S. Office of &if£*c« Mining,




                                                                                                                          19  'flffist '/.Irginia D«par*;gK-;nt of  KRvis<^ii!K>ntal  Frotact




                                                                                                                          23  -jwisit |mb3 ic !Ma^;Is«3 was i»ld st 2:00 p,«s.,




                                                                                                                          21  Juljf 24,  2GC3, at; the CJ^arlsston Civic Csutfci,




                                                                                                                          22  CharleKfcoB, 'Haet. Virginia bai'ora KicJieic 
-------
Mark Taylor, chairman, West Virginia afternoon session, opening remarks
                                 Kit.. TAS'LOR;  Guod af tEriiocm ,




                                 J wou'id  Like to w&.lcc-iw; you here to Cfts>




                    public haarlmj on  the draft S-JGuntaintGp Mining




                    ProgriAifftticii. ic  Environmental Impact Statement .




                                 ««• will begin with ssosn,e general









                                 This  j-a a ri-o-n-awaking f-AeUIty.  fe ,j.ssk




                    r.hat  you  go cutoitte the building to siacke.




                                 PKvsisa acts th»? location of tl:e




                    'Tif»"-:rgency exits .   In tr.'S. avsrJ; of an emergency,




                    proceed in an orderly fashion as quickly as possible.




                    to the nearest «v.U-.& fros the building,




                                 The i's«t. r oC!?ifi f or tltfe facility % r € oc t




                    £.h^ bAck  dccra to  th-« letL, asid again to the l«fct.




                                 Approxi.-n-.atsly <*vary I'Kiur, or sso, during




                    the ccui-^e of the:  fit'^ring, we vill call lor ;t




                    f iVs? -vfti K.Ur e» cc?sf o-rt- brsak .




                                 Ht>ps:.t'uily this will provide sufficient




                    opportian.itien far  svc^aae to take a forstak, s-o no cne




                    n*i-'rfd  tuiiiss irtant,









                             «aah  ^peake?:- here focight.
MTMA/F Draft PEIS Public Comment Compendium
B-128
Section B - West Virginia Afternoon Session

-------
                 3  rc-pr&iSftnfedi here OK stagss  today,  agreed fco




                 •'*  part lei pat*; in thss preparation  of a  p-roqrartimat; !«'




                 5  Environment &1 Impact l-ttita^fsnt, civ the  intact of




                 &  reoisv.taintop miniua and  its associated valley tills.




                 V               Th-.-, purpose ot  t:hl«  Programmatic: SIS,  as




                 8  specified  in the ceU.lersxsnt  agreement,  was to:




                 3               " ... to  consider d«v®Ioping agency




                10  policies ,  guidance, arxi coordinated  agency




                11  dftcision-sMkincf isroc«&s*e.is  to piinimiae,  to f;hs taaxisrara




                L'l  extent ptacti^sbl^, the adverti* savlrcBmsntal effects









                14  vdMIifs rs-rourcas, aff&etsd by mour.&aintop mining




                i'-j  cparatTiotu;, and the erivlronEsantal resourcese> r.hat.




                IS  could b« iifffcctixi by tha slsie «id Iccaition of ejtc^ss




                17  spoil difa-pcsiii Bitcc in valley  fills."




                IS               in the ti^e period sinca tli« sefctlere«at




                19  .-iyrer.ment,  th« a^snciets have diligently vtoj-ksd  on the




                /Q  £IS.  Th« agencies*' efforts  «c.;c:urti.ulat:isd into thw




                ?.l  dcivailopfiic-.nt and rel^asa of t.he  diaft EIS document for




                S2  public review on May 2.5th,




                ?"i               The usual  review period for a draft IIS




                24  2S 45 rt«yo.
                                          HowKvai",  i occ^nl^is^ t-li® wl^etopfoad




                              iKtifire^t  in  thfs  docisKant,  and th€ iK-:€-.d to provide




                              £uvfficient tiiats  for  t.&s  p-ablic to w>rk their wasy




                              through tfes  uosplexitisits o£  its d-onfant,  tve have




                              exteadfed  the; tilixs  £s/iAMC  for  review dad coswwn:1.
                          B  August  29,  2CQ3.




                          9               This  is  thsi  secor:d of two public




                         10  hearings  in aasoei.atlcm of  the devsl-opiMJEt, of this*




                         11  CU«MHlt -




                         12               Th® purpos®  of this he^rlis^ Is to review




                         l.f  yo«r cMiawsHitB  csxv the  draft  £XS.




                         14               Ife cyiiiiiofc rssspc-siid t.o your coH^K^nts




                         1%  during  tli»s  hsai'iag.   *t"^?  «os?s?isitte will jtsat foa




                         IS  Lran^cxifcadi and ws will  writ© it down in th« ssitd as^




                         17  part of the final  SIS.




                         IS               He are hare  today to listen to yo"a.  To




                         19  h«sar whsi;; you  have to say rc-Ieysmt to ::fee continued




                         2S  develcpsfwnt of th*c E18 
-------
                                                                      8
                                 This?  is  a t-wo^pasc. session,  "flics f-Lnst




                    session will run fr^m 2 tQ ri,  and tha second fjrcmi 7




                    to 11 p.m.




                         .        Set w& a«y l>& ©wr«- t;hsst we ii%v« provided




                    everyone who ra&y clKC&e t,o apc-aX -an opportunity to do




                    sc, Wo wtt,i«st limit  ycur speaking tiKe to fiv* minutes.




                                 ?ofTws  of  yew. *i«sy h/aw* ?K">rs rowtssDt s t hst




                    can be addressed  i u £iV*K Krisi\f,te addii. ioaal Lhc-uatit: s* and
                \1               Ycu  des not se*d to speak here fco suh-mit










                13  atlv-nticii uf:  Ki .  Job:; i'orrcn, U.S. SPA, l€£i} Arch




                14  Street ,  Philad«lpl:iaJ  Perils ylvania, l£lif 3 , through




                ';. ^  t h € 3 .




                IS               This csckireesis is on th-3 j;.if:c,yrmaif.ioft slseKi




                17  that you i>&ceiv<£d at the aiyc-in i^jis^ar.




                13               We &J.BO h;*,va provided a eoRmsent box at




                "'.9  "he s^gistratioi;  r.able .  If y*f>u cho<:js-e to, yvm may




                ?,0  place youi: writt^it cc-Ee^ntB or^ the draff: EIS, in ti«it
                21
                          1  yyu  a*rar&:  o£ sons gro-uiid rule.5 for this ha-ariny and




                          2  dsscirihe hen-/ we int*ji-d to pi'oceed.




                          3                As indicated st the sjl^n-in  entrance of








                          S  participants tfcat entcrr tivs public fearing,  ws  ask




                          S  that ssveryo'tys pleat's ITS i'rain frosi bringing in or




                          ?  display.ing sigiis, banners, po^trar^, into  tbs









                          9                He aak tliat you |?I®aso ix* cc-UTt-aouss ot




                          IsJ  others  ttiat are speaking, arid refrain flora




                          11  exprflffifflion© of &i-.pp«rt,  or opposition, to cownffints




                          1^  tiv*  speaker i» makiR^.









                          14  }wou  hava a nsed, for v-hatfevar tsauoa, to  i«£er*iic^




                          IB  t:.ha  draft  BIS, cr appffindieep, a^tes of tha&is




                          }6  docus?entgs  a;,ss ava'LUU:*lft for r&f^r^nes in  the fo*/¥^r,









                          18                Also, if y&A did not all receiv® a CD




                          IS  v«reicm of the draft F-IS docur^nt, a limited nutab^r




                          20  of CD's c£ tte draft d-^z'K^mt -M& HvaiIabl-3 at  th-a




                          21  ref^isnc&j  t-^blfe on a first-COKS*, t'irsc -i*sai-ve i'stsie .




                          22                If w«e ruii out: srtd TOU wvsul<3  liht* tc




                          23  rac^i'/ft a  CD rnpy, you ss$y sslso J,eav« yo«r natM and




                          ^si  addras® with the p*.i:c©«a at tte j'e£'
-------
                 1  O oi Lho draft jocumerst  will  bo mailad to jvu.




                 2               As pneviously Etated,  in ordar to ep-o.sk




                 3  at ".Ms heariBg, y«-«  imi&t register at ths




                 4  registration dtesk  hi  the  foyer,  or en* rant: ts way,




                 b  indicatiny "/our cwsita  to sp&itk.




                 &               If ycy di-d net cc-s:^- here intending fco




                 ?  swssik, but change  your  Kind during t:hs course of the




                 S  hearing, y;,m, t ao, must a-xjister at. the; r^isr, ration




                 9  tksk,.




                1'?               GUI- planned  fiva~^sinut« comfort forsak,




                j.l  apprnxiroately ®v"ill k'«: caliuig out  aa^ta for thoa^ |x?opl^ who




                il  siynffid dp to spc-ak in th.s ordsr in which wo receive;
                           1                In or^er to ksep things K-avifig aa




                           2   sifificissntly as pcssii'ile,  as a ap^^k^T is coming up OK.




                           3   ths  psdiufB tc speak,  fte raxt p-Arson to sspsak ^K




                           4   askgid fco KiC'V^ hcfws.r»J th^ |x;diurt; a:icl sir. «t fchs end




                           S   over hard.









                           7   no siore than fiv-e rai.nur,«s.  At tlis four~m.tnuts- t»ia.rJf.,




                           ^   w« will hold up a card ind,icitiag that you have erne




                           9   sinute r-sfreining, eo t^.t you begin winding up yo&r




                          10   CG^-enta.




                          5-1                la fainwBs to ev^ryceii* who wiK-bes to




                          12   sp^ak,  wten VKS hcI4 up th« card .indicating ttet }^>ur




                          13   Lir;a& liisitt eixpi jtsd, p&&&&e evi-d yc-«r coas^snt B ,




                          I'l                If you hsave raar^s eossrwnts, or just wsri.t




                          "iS   So submit:  written coRtmantsis,  you may place them in the




                          16   bax  at the, rc-gi^tiatioi!; table that w^s prcv,ude-d to




                          17   receive any written ccsaissn^s, or >:«iil t;tem Lo th«




                          1$   px-e-yiotusly ide&tifiea E^A. Philadelphia -addr^es.




                          19   •             Again, all. eo-rosaarits wi.ll b«- fcfanscr-tbed.




                          SO                Ws assk tfe«« fJvat «rsa speaking to jjloaise




                          21   epaak cieax^ly,  lordly cnoiioh. to b^ hasard, sind b&




                          22   aiii-dfiul cf fchs* fact that the transcilbar Is trying to




                          2A   c-&t.(?h c-rVHi'yl^hlt),^ you 
-------
                                                                                                                                                          Bill Rainey, West Virginia Coal Association
                I  haaiiuy or uucksratanding wh.*t. you arss  saying,  thfey




                2  ri'.ay stop yc-xi ars-d ask ycu to spfsak up,  or repeat whsfc




                3  you have sa i d.




                4               E'le-sse .^ceo^wdiit,^ „




                S               We cask t hffil. yea Lv^gii! sp^-skin-y by




                &  clearly stating ycur fiis-r. and last  nai^s and




                7  indicating the community snd statsa tlmr,  you are




                S  frum,




                9               When transcribed,  tha oral  conasysnts and




                1D  writ t sn comiian t & will ba i a ewrporsB*; e4  int a a Ccmseent




                1     -*> 13 s r  uiiwsnt and will be a part  of fcfos f iua3, FIS




                    1   t  i *









                14  development at the final E1S dacusvent.




                25               i  p      1U*    " i*    "-M  r   tn nt




                :S  wiU be    nt (I    M  (          m      ^t j *  / tr h




                17  ths publication oi the final ilS  document.




                18               Again, I would like  to essphsuai&e  that v«




                '.-?  -all b^ courtec-uis to a] 1 the ifjp«~«k«;j:s.




                SO               llut tirst apoAkoi thin ^itcrttoon  is




                21  Mr. £Ul,l Rainey, and the sscond sp-e-iiker  will ba




                22  Ted Hapney-




                ?4               While fhos* -,wc speassrs  axe waking




                24  ^h«ir way  forward, 1 woii'Jd abk «-ach agency
                                                                            11




                          i  representative tc* introduce trja&s^lveg.




                          2               MR. TA¥LCS:   {fJark Taylor, Office of




                          ?.  Planning, Corps c£ Eiigiaeer^-




                          4               MS. COKBKc  I a«  J«lt'  Cok«r»  OtfAc* of




                          S  »ar£acs Mininy.




                          S               MR. SKQK:  Kitch  Snow,  U.S.  Pioh i




                          ?  Wildlife.




                          0               MS?. FU^fliH;   1 a» Son well Hunter with




                          9  the feast Virginia LfflpsrtKvnt C'i ErtviroaTswntitil




                         K<  Protection.




                         il               MR, FCRRR?:   I ear* John Forr*n,  S&A,




                         .12               ns, 'iltf/r*:  Cat,-^tins  Trott,  with tlus




                         13  Corps* of: Eiicjin€*3r».




                         14               MR, CKAim^A^:  Thank you.




                         IS               MR- RAtHKV:   Th&nJE you,  Mr,  Chstrman .




                         16               I Aft Bill Sai;^y.




                         17               I am hare prc-adly reprssseating  the




                         18  Waffi^ Virginia C<-fil 3v6sociat.ion,  trots Charleston,




                         '19  Me^t Virginia,  And ofcbar si^^jei's of f,he E1B




                         23  Cosisui fc t. t?«s,




                         21               On be}i£il£ oi the  eoal  industry  b«i?®  in




                         22  Kast Virqinia,  I want to c«sg)Iiffi@n£ you ail  and ycur




                         23  ag-eacie-s OB tte trfijtimnclci^s effort,




                         24               Oftan cr:U.icl2«*J, oft«n argu«.i«l, but s
MTMA/F Draft PEIS Public Comment Compendium
B-132
Section B - West Virginia Afternoon Session

-------
1  hus^ effort, and & trwHv&nao-ua  an4ttttakimj,  and there




2  ar& isufostanS ial findings  in  this  report.




3               I t>,m ptrmd no ra^c^fienr,  an  industry that










5  sc«ndpoiril;,  iii this sat ion.  And  the  lending




6  prodacer, fraw an eu&rgy  standpoint,  in  thiai country.




?               We have foseT} K5«t actjA-1^ in this pasir.




*5  four y»3«tt*i*  in this prc>cwas assist ing  th« a9**neifos




9  ov*jL-y tints'  that WB? worss assted, Itev^iaping data aiid
                .12               And over«iX] ,  t




                1 i  pi:O"kid c£ what t.h&*y sirts  dtsiii




                ~4  tiiey liav® <3on%, pjrcc!u<; ilic;  r,




                IS  K*at Virqinia.
                        i^r^uad minlna, and  cc'uvcnt.ioniil conty-ur m^fciiodsf




                         ai"% piTJUct of all  tnatr  thssy iiav® tlQiia in t.h,is




                     tate for  ^0 yssarjs -




                                 Thts rapors  thst  la int^rtwirnxJ with the




                     cjs,iis3wliii4g«Vt5iit that wl>st wo h-£»v-a> teen doing iu




                     est Virginia IE ri«ht with two fellow court ease*®




                     hat hav*%  a-rkncw;««.dg*d »;har. West Vir«|ia^a •'s.ttd




                     K-rtt-ucky •twmplj-j'sncs with tfc^j lawn,  and rKgalat lots®.
                                                                                                                                    2   stat&s,  Kentucky stid ^e&'t Virginia.




                                                                                                                                    3                Gux p-?j'3|ile, al..], 1*5,000 of tihoss  that




                                                                                                                                    4   di:rf-set3,y di-;.( c£»J.,  and tb?; ?aa«;: tiKva lOS.G&O  of Vfes
                                                                                                                                                                            to htmt  in  the
                                                                                                                                                    Th»y can
                                                                                                                                   11   c*al  in
                                                                                                                  12               If. wa look forward,  'Iliey cannot;




                                                                                                                  13  hsswe-v^r,  if tho wro&g Atciisicn is iRa-d«e- in  thas  t'lea




                                                                                                                  14  report .









                                                                                                                  IS  opj.icmentE of tiye iftdystry a.r« likely to w.aJf,«  it.




                                                                                                                  .17  It  i® a «#.iffirio-u® d^cutiKMir. with rsillio.a^ o£  dollar®














                                                                                                                  20               It; vsi id,«st
-------
                    pai-rrdtt iivg pi^vews  to b&  &££icient sand WK-aniiigl'ul .




                                 Al hetni«t ive  3 ,  of th* report.,  will




                    *»stabl ie-h predictability  aisd ctepeadahi 1 ity of









                                 Local  psopits ,  It. will allc/w local




                    people  to e-olve  and address  local problems.  It will




                    *H  *   ai I* I *  r       " i      ,/     -ml  mr









                                 Tht right decision «=aat ba nedo to




                    pr#Gsi".A? our people their jobs and their families




                    h«=» r*v i n Ife a t V i ret * 111 &.









                    world,  th« cm^a  that I save work-dd ssids by siiM v^ith




                    you asg^nc i«-s, C c-g^ t ha r, s.a we 11 a«3 indspsnd'&at 1 y,




                    win. pi^vide -coism^atfa sad recG^:«tndaT-iona fc« tte









                                 ThK  bulk of  Ll-i4>;s^ will b& o£l>j.r«4 at the




                    S4»con<3  a'as is ion this evsnin-a  artd thay will fo®




                    i-stiEfttaiit ixr«.  A! so,  the written co«j»*nt£s in the




                    industry will be aiibsstantlve.




                                 The pc-csplc- you  will hear tram initially




                    ate- v/orri*?d afco^f. their future, and fcliay are, ae-




                    I hn\A?.  said, proiid  ef what thay are doing^  ancl wfet
1-4
             They livs  in fest  Virginia,  and they




live in the coal fields.  Tl«ey  hunt  in th* easv®




mcmotain^ th^y are Kilning co^l  frofa,  and they fi&'h. in




the streams tksit. are  rwC'-siving  tte dis-cli^ayss Irom




the op4'i«ttion.




             Th«y rai&e tteir fsKily on wa-yes from an




Qssnersfc ajiH loncj day'e work.




             Plsasi-j k&®p .v"  tsind a.;*  yc*u 1 isfcsn to








review their outatandin«f op^sstions,  th^t th@y are




pr«v,.«i Ws-st Virijlaianft,  fort raging this  ^;ounfcry the rar.^t




stable and sssisurm fuel  k^owsi to SKUI,




             l"h«sy &r& Kiriing Asvsrica'a bss-st, ti'i^nd,




C">al .   And fclwy ^;r® slolisg it for hoc-sland security,




aad they are doing it better than an^oae «lc*e.




             ifc ;i.j's <.|i ad. t-j"3i*c yi>;t -it^ns Iw; r^ today, j-nv.cT




wsa ar-j gla:J ttest fch-L* projii-^t is n&ar  tiaiaSi&d,  Kiss




wanr. to get on with whst wa  d<5  b^st,  and tliat is-.




TTiinirag coal and in an %n i®r*viron5a«atally~sound









             Thw esan iu'sd w^sar.  that  yo.u will Ix-^r




froet and m*et today, ar* locking forward, and th«y




want, a future, &.nd tlwy do this svary 
-------
Ted Hapney, United Mine Workers of America (UMWA)
                                3 *     3    »**    *-  «11    T-* 11   *• re real,




                   -ind they   U~t r ;       •*,  u.     ,  ,  s    •$ ing.




                                Th^.nk ycu ail  veiy nuoh  i^r lisL-aning,




                                MR. CR&IRK&K:   Onr next.  sp«akei- iss




                   'fed H-apnssy, sm4 ttvs following  speaker will be




                   Ww»iUy B*U.




                                MR. H&r&'Ei":  My r.a^a la Ted Hapney.




                                I am with "nited  Min€-v»rkarffl .




                                Mr, ChalriMn,  firsr. l*r ;«?? thank you,




                   t;md K-ie-mbors of  tfes pass!, to have the opportunity r,o




                   ssp-^afc here.




                                Since osvera!  report.w have ekpfsa^rfKi ever




                   ^Iws y*?,irei An >:he tm'sdia,  i:ts™opplsir.«( ^r inaccurate,




                   indiuatlnq r.hc pcwitio:-. ot  this Onit^d Mineworkeis




                   with regard to ucunt^irrccp  ismovai .




                                I  believe that it will to* twtlpful to mss




                   to briefly outline our p 4ft,b^fcffi is o£ir.<&n




                            bcitvf--sc'ii two ^^trciiK positicssi, one c^lliBg for




                            abal isltrasnt ot coal  odalnw, and the ctl^r cms




                            declaring th* fcyp* of restrict ions of seining ttwfet




                            will advantage the pewer  o£ fhs people who ruin local
                        28




                        21
                                         lltffly wvarfc on Kejiititaiatop s-emcAral sit as*,




                            -Make no mistafee,  that is also import-ant tis u.%.   As




                            the st^t^stT^nt of  policy »&kee elesi"; ho-,ifever, we




                            foslieva that fclM  eircuwa-ta.!;*:^* la unfouiKltoi sinca v^a
                                     11-1-2
MTMA/F Draft PEIS Public Comment Compendium
B-135
Section B - West Virginia Afternoon Session

-------
                    protection.




                                 Ms- cV? not VMS! 3.*vi* j ob-s i 21 the - -  ws




                    b*-;J iev« - •-  I'm ac-rry,  we tel iisvss  that jobs provided




                    it) coal mining ;-;re wotth £4-gating ioi and pr^oervirsq.




                                 This is particularly true in th*?  economy




                    in whirh th« ?:«ct".or of jnh& ^.re oft*sn low paying,  and




                    wiracmf; bs-nc-J its.




                                 We.1 tiro pro^id oi.  our  a appear t tor  such




                    jobs -   At  th@ same time,  w*s support strong




                     •"jMlrft-j  r.i',  -\i .j ^pE-i -(»--«"-t, f f  tha^.,- for water




                        n   •,  I' t  -ii i  „> rs  - .I". t"&




                                 And WK b^'lievfc ?;hi dftqr«sdat Ion of COBSSTSUHi fcy.




                                 We baXieve that  coal coti^aniKs s!iouI4 te




                    htid to the  highest Bta^daida cfc  piot&etin-g us,  aix;




                    the State  and the Federal officials enti'usting




                    enforceinant,  Emvs no ~~ exfiuae s» -- have on




                    sxTciisaG-n,  not suii icleat iy protect.e-d our community.









                    thrDu-nhout  tfest Viraiui,& hsve historical




                    0i0uif; toince .   Such && ,  the historical porfclcns  nf




                    Hlair  Hoiraf.ain, and fcte S(::a;uey i""asruly on Kwytord
10-2-2
10-2-2
                                                   Mountain .   Thsae  muat  bo  pi«a^i'V%.'4,  and thus ahc-uici




                                                   be off  limits  for mining,




                                                               The  ca.®l  industry r^sf.aias  a mainstay of




                                                   the mountain stata ecfHK'^y .









                                                   account for nearly t"§  percent  of  ths- St-sfce's Busiuee-s;




                                                   T^x «t Bid H<&"v*nus,  paid,  toy  co-si  ws&p-aii t*ss ,  whi ch rcs^




                                                   E»re fchan  3S |>e.icei*t betwep.  19^5,  and  3996.  At  tKc-




                                                   sasae tittte,  tlis price of West Virginia co.sl  drupp^-d 2-j
                                                                                                                                                                                                   10-2-2
Isy til® F®d®rial taovsrmaK-st ,  titiis ladlust-s




sore fchan 49, COS jcxfes.




             Is mucto of Wasst Virginia, and portions




of B-ort}iei~n Kes;t Vlrcii^Ia,  tha impact would fas




particularly pronounced-  Ir* Boone County, for




exar^>le,  moKt. of th^ lobs in th^ '**or.k force is




*jft».loya-d by rrcal irKluf-tTy.




             In the C'jai cauiitisM is the &tut>s, OT«>'£




10 percent o-fi ail jobs ar
-------
Wesley Hall, private citizen
                    ot  the Stats,




                                TLe ifismesT- rmjelwd In an squat able  fcitns




                    «SK! namwr.  The Onion is proudly working ~~




                                11rs sorry.




                                This UnioCi has proudly,  historically,




                    bit-en working on the-interest of cur ^wrfcers,  and  OB




                    bshal £ of rha working sen ^r:d vwiBsn of the




                    rcKflWiin .11 i '/s r. h-s t 1 i ya he £ a,  and we* it! t.snd upon




                    upholding our tmeUtion.




                                MR. CHAIR^MI:  Sir, your tims haa isr.dffid-




                                ME, K&PKSY:   Th*r.K you.




                                MR. CHAIRKAK:  Kc. K*»Jciy Ball*




                                Our next sp*:ak.«s: Is Jeremy r-iullsr.




                                ME. BALL:  Howly.




                                My narae ie Wealey Ball,  and I'm  a strip




                    -dner fixwu ClMq?i»anvi^ Jrt,  S-fesL Virginia.




                                1 -^si a si;;giffi 3>;«e;it,  with thre-i b^yn.




                                I twDv^d iti and out of tims Ktats for the




                    la.sat 2;3 y^srs tiyir.g to ,T^ks% it, h3gul*at jcna,  and s-afsty,  and.  sll the othc-r thiiigs,




                            b-sc^aus^ >x*u 9«ys is un ua-  i'c'ii all at« fci"ieix4 tsv^ry




                            day, you sffi*? what w>a cio.




                                         There is nothing w* sa.n hid**. nothing,




                                         SD why?  WK  siin« it tl»; fo««fc v.^ can.




                                         The is is DAor«  g^ii?s in Lhi^ ©tats than in




                            any oth»r tins® in my life.




                                         We h«nt, we  fish,  fe!e } ,iv« a gwxi life,




                            .-vnd if: is tlwmK^t to tlv* si^ir.g  p^pplo that", «e havs




                            toeaii aiilts tc recreate ehls  ruibitat for this yssWj to




                            be afcle to clean the waters up  for th« fis-h -- tli-at




                            has caused it.




                                         tfhmi 1 K^® a boy,  I u&ed to fish D .lot,




                            s^id 1 still do, but not •quits* ^B >Kth.  That's is*




                            i£till fish evarywtere I fi^h.  TJnaxe is gmsie




                            ever^h^re I hunt»




                                         It ain't hurt lag nothing.




                                         If nothing 
-------
Jeremy Mullet, West Vkginia Rivers Coalition
                                               24




irvsn call  my&c-.i£ -a "test; Virginian no snore,  and it  is




bj»rd to live here.




            Ny beys ar& foa;;k  h^r®, tb»v are wanting









            You folks think iti's sassy? you want  to




end thisj stuff, stop this- wountaintop removal.




            To aw*, it is black and whits,  if v«  ar®




^oinff U: stop  it:, let's stc-p .In all, *v« rywhe re .









mrfer recks and cut the electric.  That is hotv we









            Th-o paIrd: is,  if  yon ars; going to  do  it,














            t cj%n live ij^.a^r  t,b« rc^k with f-bs rest




oi" you.




            lh.it is how ifc  is.




            MR. CHAIRMAN:   J«r*»y Mull«r.




            Thi*n fch«» n«xt  sp*.aker will bc>




Cindy Ranfc.




            MR. r-WLLEH:  My narae is Je^'fifay Muller,




I ast the Director o£ tn>& K«£t  Virginia Rivers
            Mc-antaisttop Re;«r/al Ccsal Minin0 BIS;  is




thJ» a -joke?




            Seriously,  iu this cuit«jitt*sd in-&tx-eam vicd&tlu-ns of asleniura.




            ^isst is sgalejiiujs?  It csuaeo nerve




ds.?iag*%,  forcinchit.is, p-Rs*yf»Kn^a, kidney ami } lv«sr
                                                                                                                                                                                        5-7-2
                                                                                                                                                                                        5-5-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                               B-138
                       Section B - West Virginia Afternoon Session

-------
                 1               You say disc^s^i^-g tLhis with other




                 3  .agencies  la:- crcing  tc jttake  it. right?




                 3               R* cause e~  issstif f icient monitor lag










                 &  what poll tit ants ccavrf c£f i-hs^-i* sine- sis..ss and in what




                 *5  qusrit Ities ,




                 7               &r,d yon t-Ay talkiiVg  lis cjoitKf to fix
,U  Cl^aji ^r*»r Act,  y^C  In Hss





1.2  our 12,ft03 caal  porwite,  AI










24               Batter coawaEilcstioa is going to solve
                IV   adl«s  oi  lor&sts will fflVfer.cuanily b*s eliminated; inore




                13   a.ysn,7y talking  is  goicg  to  fix  &hAf?




                l1^               W^&r.  Vli-glni-s  Riv^g® Coallfcicm conducted




                20   a  rfei-jfcoit:  on  coal mluitHj  in  April cf this year'.  It




                zl   Bcaitssd in Kareh,  arid %s« fixiiahad it April of  2303.




                22               It lecks at. why  coal operations still




                £3   po.1t%.it* in ifejst Virginia.   I  believe  ii: cost UK 1,2£S
                                                                 5-5-3
                                                                                 5-5-1
                                                                                 7-5-2
ri.i/«.rt9 and strsatns-




             V*o» Bpsnfc $& aillioa,  tour and a half




ysar^, 5, OCjC-or-&o p;-tg*s, *ad your  r^comsseridation  10









             As?air,j  the «ri0is;a1.  pu:s-po«j.® of, tte EIS




i© to tuiaimisG tha potential fyr  s^srsse individual




and accuimUativ® it«pacts of mining  oper«iti-oo.e.




             Bi;t ine-ta-sd «£ Sotigher r*gulat.U>ns,  yoti




^ayp in tlw Bu^h A^feiRisL,ration p}:o5xxH&--d to




screamlitia; the rsyi-sw of saiBifig i^aniilt-s.




             I thin.k this is *iM;*thiag that your




s&$enei«£s nea-d fcc talk T-.;Ivi lik^  r^^ind yoy that: th«




j«a«l is Kct hare to answer gu^atioBss today,  fe ar.s
                                                                                                                                                                                                 4-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                       B-139
                        Section B - West Virginia Afternoon Session

-------
Cindy Rank, Friends of the Little Kanawha (FOLK)
                b               Ms.  Rdnk*




                e               Mi.'.  RAKK:   Trarik you.




                1               I hops  all  of the Tueetioue will  be




                3  ttaswsrtxi in the EiS.




                5               My n&OK  is  na^is la Cindy S^ink.




                iw               I apeak  h«e today ae a representative




                1   f " i-iuh  -I- rl- I,  i-t'M ' -.-<* w  'Folk;, which is  a




                 1  -  -  mj'i MI  DL   t tl    < t <  f "he stats.




                3-3               And I jissi,  want to remind pec-pie  whe




                14  doit' t knew,  wr these  of  you who w^re around  when  it




                :•*  happ-anss-;! ~ - many years ago ~- 1^30, we had an  IBIS  in




                i£  our area of the country  lii^iwg^ w« wt>rs th.r«3atGned




                17  with Sv ysarss ot  coa.1 sidiiiag that was 901119  to




                iy  destroy the waters: in the arsa.




                '?.*               AS thst  Cime, KPA, in i>?sponee  to a  lot









                21  to do an KIS.  And at that tias, the E.1M did ssora-s.




                22  atudie-js and cairns lip  v;ith t*;cosa*sissidatio:iffi,  which we




                ?3  didn' t p^rt iciilar".y  cai*^ for that ssirh., hut  industry




                24  didn't csra' tor that  Ri«ch t*irtw."-
                         1               E-ut they v«;rss vsjiy bold seeps*, at that




                         2  tisia;  prs^csilent-Bet ting.




                         3               A.VK! when it e«ae ti*5S to a«jrs* to, or to




                         4  e.uygc-s«t la paopl® that i,;vd^r;i t htj EPA wrjuld be ^t';e




                         a  to coiidutct a  £slr siiyl jscciirsit^ st ady,  aiid 'JGIIK out




                         fe"  wit.h recowi»nclat i
-------
                                                                       IS




                  1                But oi*or;:us's.aitaly,  tna iiicoismfenidations,




                  2  and thi& alternatives tji$t jhsvss  bats-si proposed, I think




                  t     1   f'nfh-.-!  ft    * -    * *   «  -»M i  Of th*
                                         i
                                                                      thi
                     A'j.-.Usiiiee Lc go to th& pecple  in li.-is coeitminiii.®® who




                     have been int imidated, and  won ' £ coias? to thesa kinds




                     of  b&s r i IKIS ,  and t he f r v s f rat icm 1 e v-c* 1 on bofr h s 1 efe K




                     ct'  ;.he (ranc-a- isi aoirw Lc bs iirtcro^teed, acid m.;-*-.




                     placated by i'tncthsr - - hc'Wffiver K^ay ys-ars • -  ot




                     diac'-ys-siing it,  «n4 trying to  figyre o-ut profolesss,




                     &^K4-d on a limited dlscusssion  in the constamiitias; tc




                     t}:Ki fami I i&s who ©vcsit i t" f'hey  don * ^r. ;s4 ns S" te vso*st'i .,




                     livK. in th^au cosBijiiss.it iea,  ana liave £or a loag, lon-^,




                     t is.^ ,  jin<5 h-&v** t.c tncve J^«sr>-"'yc® of th*- ftaiiistga to th^ir




                     bojvses,  aisd foecays-e of the fill® that aria atoav^? thesa,




                     and to the wafcers* fchat l»v« be^?n d^st/swed,




                                  1 think &£ least  soe->^ of the people in




                     this rcorn --  i*v»n though th,«.y will m>t say s-o -- knc-w




                     r.^sat th^i'e ig damage being  dojj,s,  and knew thafc tMs




                     Ml^ IB riot 90 lug to help resolve sc\ssj> of th«-




                     pioblsjitta - •  HKM*t o£ ch& ptobl&'^a ••••  thdt «ss^& out
1-5
                                                       31









 2  poissibil ity of  ^xtsKdi^ t.}is cossss'Sit. pei'ioc! B. iKsnt h,




 3  w>s %Toul<3  3."*cp«*f:t  it,  b*ffiC8tUfe<£ it. certainly is a let- to








 &                QMS  ol tha things thufc wa will 1>s aakin-y




 S  ourselves as w e«itiEu* to Icofc through  this? EIS, i£>




 7  that ssrh-nt i^ th*  psrpc;*® of tl» C^ea.^^ Water Art,  i?u.d









 P                1  think vis- rsvs a t«sada.»cy to £org«t




ID  tliat.




11                fed  if I 
-------
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC)
 1  ccss-raasftts, will yc to thfc latter -




 2              This EIP, ii» fft«, daas not take us




 3  clever  fr.o fhe ^.r^ls- °* *itha Lis G-arland.




tl              MS, RTQCK&AS:  I a« Vivian Stockman  of




12  the Ohio Valley F.nvircaiioental. Coalition, which is




13  basc-d in SSunt ingfcon .




14              Arid it taight curpt'ie* soa« of you to















17              I wo-uld &i^o iik& to aaK for an




13  extensioB cf the written coss»?eHt.  period.










Si)  C-an^un i t y,  forasts*, Ktr»s?i',®, and ground watei; that  i




21  ouphewdKtically labc'leii, jscuataintctp siding,




22              The drslt EIS' utterly fails to addr«fcj3
                                                                                4-2
                                                                                3-5
                                                                                10-2-2
                                                                                                                              13




                                                                                                                              14
                                         II;:* draft  EiS also fails to addrwse




                            israufttaintcp rs>-!Bav«al's *ff^ct. on Jio.2sra health,  Th*re




                            will foe nert* people  her«  tor.ifjht s;alkin9 about fchis




                            and thsiso pjinfc^,  aad we*  will provide r,j*4ch aer-s




                            detail iu cv*ir written co;aaa?E^'_s.




                                         Is an aeo-eidal act, the Busli




                            A;.'feinistratii'>n ha® i bssllcv.*.
                                                                                                                                                                                              10-5-2
                                                                                                                                                                                              17-2-2
MTMA/F Draft PEIS Public Comment Compendium
B-142
                                                                                                                                         Section B - West Virginia Afternoon Session

-------
             Tha Ki£ iails to ecusidsr am alternative




Bc-^naiic, whexe miners are £vu£ to work cleaning  up




sbandciierl min«s Issrwis -  Thssre IK a lot of raofaey




string around £o* that khsd of woik.




             It, ttiso t&ils to "oass-id'-T a H^'^nctrio




whexe- alternative energy fa-search, ctevelapi«sat,  and




Kanuf.^^twring are pp^iooced In- th#s coal fields.




             Is-3.au -fiSi&T a stuiiy shows '^hat II









an/i $S- S million for wot'Xsrs, by trasisiCionia-g to




truly cltf-'an^r alterr:afcH'«! er.er^iea.




             Ir. va-; just tc-;,-lt EC«S ct' cbs KvDney that




wa Hj>snt oti subsidising tJas coal industry, and




cleaning up its Hesses, we ec-uld do wtuch to foxing




a31ern.at-.lv©-isnsrgy plentK iafcrt th« state-




             IrosgiK*! jobs chat leave an inf;-sct




«tivi£Tyiifi«txtal legacy £ci ovii children,




             *Efc-a draft BIS* falls to coneid^r  r,te




5-nctfiar.iary value cf ero-systerr, ss«ri/ic'psi f,o th«  current




and future economy.
                                                                                  1-8
                                                                                  11-9-2
                             Earc^i-styi^ school of sscoaotnics .




                                          Accordiha to the Star^foxd Rsport ,




                             eco- system ©erv?lcss ata ;




                                          nllie procs&ss^s c'iirc'U'jh which natural




                             systeeius support hyttian ii£&, by parilyiny air and




                             wafcsr, detoxifying and dscica^>v»sing was£^, i-enewia«|




                             soil farfcility, regulating cl isiatss, pre\'«titing




                             droughts «nd floods, control], Ing ps?®*;a imd
                                          ffW?st*rshfeiis say fas as^sig th* most




                             5?axketafo3e of all, edossysteess, rasc-aueiS th®y provf-de




                             |-x^t^ai;ial. iHe-rvlces such as waiter purification &i°d




                             flood cojitrcl . *




                                          Scientists hsve fousd tiiat :




                                          "The services c£ ecological systftrwa ar




                             critical to the |!ut;ctintiaj.s.cf o.f ear^h'^ 1 J Ee-^upjsnrt




                             Byst&nf.  Tiisy eontitmQ to h^lp hurato welfare, botli




                             directly, aiid Indilf^-ctly, aud r.herefcx's  repr^sant




                             p.ai't of tte sccnowsic vsilye a€ t.ha plsnef: . "




                                          "For tha antirs bisy^pb.«i'« ,  t.Ns  valfcft  i




                             sstiMsai^d to be in tli*s raagw of lw • to £4 trillion




                             dollars a ys«ar., with an «v«s ra-^e of '35 trillion per




                             year . "




                                          ff Bsc ?*U5s*s c £ L ae s-3. c. u TS,; of t : he
                                                                                                                                                                                                    11-9-2
MTM/VF Draft PEIS Public Comment Compendium
B-143
                                                                                                                                          Section B - West Virginia Afternoon Session

-------
                                                                                                                                                        Liz Garland, West Virginia Rivers Coalition
 ^  "...  nmny  c-f  th& hvim^.n K.C? i vifci^s trhflsf.  Modify, or









 !>  di^t^i'iorot ion oi C'Coicyicdl s^rvic^&,  whcsse  value, in




 5  the Icn0-t-srm,  dwatrj: ' es £h*? short ~t&rin £  tits rfost d&jstructivs.' u£ ail planned humtn









11              My pcint In bris-ging isp the  concept of




12  i'CD- Bystem es.t"vics^ ar^d ecological feiconomicB, is that









14  Vtest  Virginia,









IS  D.):DJ: its f wi:  ti ha&islu.i of ,lndivid\ials,  «om?fs  at great




17  long-t'^im cosSt  f;o sli cf us aiid our childr*su.









l':*  r.he bank, txvHmtraiRfcop ?,-^%oval is not swart.




2;'f              It :U part c£ a falsa economy that is>




'21  rc'bbiny tha  futm&; which do »3 choose?




22              I do h-apte rliar: th& BIS will  include the
                                                                               11-9-2
 1              MR, CRAIRXAH;  bis Garland.




 2              Tban the next sp-&akar will be









 4              N3. GAPJJVSR:  HI,   1  s« Li?, Garland.  I




 S  ^s with the West Virginia Rivers C&alitlon.  1 am




 6  also si r^ji'id^nt of W
-------
                                                                                                                                                                              Sandi Lucha, private citizen
 ;>              Valley  fiiliJ csiiiiiOl be cons ids r-ad to




 6  caarea  minii^al  impact.  "Ill* draft SIS demonsfcrates




 7  rhis.









 9  sio-un tain top  applications at. a nationwide permits.













17.              'Jh.it:- buffer- Ksrwi ruUv gives IGS-fcoK









14  t^initi-ci .activities'.




1^              Ail sorts of dwvelopisasnf ^ct-.ivit.ies




ZS  '..hro-jqhcut the United Stacks, and els^wh^i-e, Vs;q4sire




17  a but £-21; eonsst £t;ctloii, tigs, icultuj:^, yvon lorantry.




IS              Mining  cperstions should net foe exampt




;^  fro-^ buffering c.'j.r £-trefflst«.




23               I^-t ws  briefly tiKMraa-s economic imp-ict,




21  Joba are iiwport&r.t tc KVai. Virginia:!®, but tlws




22  reality:  This study eayc that surface mining i& lese
                                                                                5-8-1
                                                                                11-1-2
                         1  and 11 percent at county esjpicjy.i-ssnE nu-sribisre- in c^sr




                         2  cc&I field counties.   These ar-s  Hguies  from feK*




                         3  drAfft BIS.




                         4               Kith 2,*?*9 psrraiti?  «H oca ted, only JS42




                         S  iisclucbd any valley fiila ire® 138$ to 2?31.




                         6               Me can ssv© co«xl  jobs without




                         7  vallsy-f ill reparations .




                         $               To eor-.dii.ckj,  ;:ht?  iatwnt of  this report




                         §  IB to coius idtS!1 psr-oc*is&sej» i.c sitiisifes to  th® i?Ksxiwu.Ui




                         It)  extent practicablef  the aaverss  environtiKintal sffects?




                         11  to water® of the United Scafcess affected  by




                         12  sK.cmtaInfc.s-p minlfi^ op^ratlosis  *»5id by valley fills,




                         13               Eased uposi all tba  tiaLa sat forth in tKe




                         14  report, th* only alteraativs which would eatiafy that




                         IS  latent hae nc»t fce proposed.




                         16               I'tet prcs^w^ai wc.".)lcl iw CD disMil'lcw




                         17  aquiatic life --destroylu-g v^II^y tills in  the ptactic^




                         IS  of KoantainCop r«sc-va.I.




                         19               Thank you.




                         S3               MR. eU&IRKM?:  JJasjdi L^ciii*,  arid then tts«




                         21  ri«xt speaker will b« Px-^nfc t'e&uKj,




                         22               ME. LO-CKA;   Gc-rxl  aftersio-sa.




                         2^               ^y i?^.me is Sandl  Lacha.




                         24               I work i&x hzch Csal.  J wo±k for Arch
                                                                                                                                                                                               11-1-2
                                                                                                                                                                                               1-8
MTMA/F Draft PEIS Public Comment Compendium
B-145
                                                                                                                                          Section B - West Virginia Afternoon Session

-------
Frank Young, West Virginia Highlands Conservancy
                    of West  Virginia,  which i;s  a  division ot Artfh Ccsiil .




                                 Pifsvioiissly,  I  isorke-d as t;h® Oal-T^eli's




                    c^p*ration,  3.m"3 p^i'sscnAlly SHW h;m>,3rs»dis ef j>*cf>l© lose




                    ::hs>ir ;jobs  hecvmst! we  W»K-  un«ble LO obtain  th&




                    pisisitting  that w& needed.




                                 Tli* eottammity  I  live in, there  are




                    approximately **?.aht hewmt.  Of t-hor,e aighf. honest,




                    fiviss families work in  the* coa.i.  industry.




                                 1 would say th^t would hav%i a yreat




                    iiap-act on our cc««rainity if  w*a we.ie unable to work.




                                 The gentlffl^^n  that apok^ earli«r that




                    sa id,  1^-it 'a stop ;:*•; TOW,  l«t 's 1 iv«; i.m.d*ir rc-cks.




                    Titat may happen,  but pc*s:y^fiiiA*y, 1 don't want tkiit to




                    happen.   I  want to work.  And I think ths coal




                    no*sp«ni**$ ara r^s-pc-rnKibl® rand f.h«T are do,in0 very




                    3,









the feat Virginia Highlands Conservancy,  net  the  CSMS




Industry,  that set into section that,  chain o£  svE'ntss




that produced this EIS,




             It was a lawsuit  by tr*K- Sfi'jst". Virijinia




Bigiilandi-s Coiisc-rvaiicy,  and cth^r individual




^•oal-field cifciz«K!&,  that resulted in sha Sfcat® as;-?5


















practices.




             The CctRSsRrv&stcy lawyi&rss/ -and our




afifj^xspriats cctawsi tte& KiiOgl«;,  w,i 11 te s?.ibmifcting  user




cc^qas'sh^itsiv'4' cottfes&JKtis «a -he  EIS during  this cctitfces









             It ie very dllf.lcul!: for layissrsoriS:,




»ach as B(v>@t of is® ai'«, to fully digs^t a mor%,* tton









written {fio>5tly fcy Iswyarss and ^c-varmMtst  bur^aucista




with psrhapss, a bit of iKpur, frosR t-h« sci*snfeific
MTMA/F Draft PE1S Public Comment Compendium
                      B-146
                        Section B - West Virginia Afternoon Session

-------
                                 And  two,  how c&r, we taka seriously Ui*




                    reports o£ a^enci^E  -- the directors of which brag in




                    ch-p swdi.a about rt^c^ rift ITS ft is.£j h% rdwcx'kcl ferss't s on




                    Sl'-year Imri'iwood  cyci^s;  fcuf; v.hroutfjh tt'-l^viHion, ar.d




                    n-^wsjsaper phc-tc-cps,  pialaly ®lvj>w that they ars




                    planting nothing  Ivut pine tre^s on a I:*? rile




                    is trip-mini* lands-,




                                 It is v'bvious thi*t the- director of; that




                    United States C£ilce of Surface Mining Coutiol acU




                    Reclamation, I noticed that there is a couple of




                    l^t-.eerss lfi-.Et off  OSK;' s identification tlwre.




                                 It  is dbvio-ufc c.ha°» hrf doi-tsn' t - -  that




                    Dirv'Ctoi Jair&'tt  {phonetic) doe-asa'c V.iiow ttte




                    r.ii£fer*nre betwe'en a pie's tree aacl an oak tr«®.




                                 It  is even •sor^ difficult for &oms of TJS









                    which iirgue -•- with  & si. raiyht f^cu* • •• thi.it whila it




                    is illegal to couduet s-.iniag opfttations within tli-e




                    cfes^vib-sd buffer  son-e^ :>f rivess, er«eke, and c-th«*r




                    «it;x"e.:in*j, that it  l«  okay to ysiKt ccsves ov«r and




                    destroy these fsauK; str&aK-s with the waista, rock, &nd




                    dirr gfcn*?rat^d by mount aiucop r£-?.wval ssiniag




                    oj,>a rst if-'Ri® -




                                 ThK-  PhyKical Ca^ss* and Effect of
5-7-1
what Con-gi;«i3-ffi found when  it  eaactwd this Surface




Mining an^l Reciamstion  Control  Act,,  2€ ysars1 SCKD,




             Co:i«s>~:4s tcar^  b^ck th-«n f.hat,  Many









of surface areas* tl^t bi£rd.sn &nd adversetly affect




       *•  an3 fciw p'sjJjl i c  wst*; farra,  by cfe^t roying snd




dj i i h n  11-@ utility of 'laact for eoEss&srejal,




industrial, rasiidenfcial,  is;c-r«-^tiOBal,  atjrieu.lt urssi,




and forestry purp-oseis.  By causing si-oaioa and latid




slid«ffl, try sentrlhiitiKg to fl'xxl®,  by pcflliiting th
-------
                                                                                                                                                                             Wayne Coleman, private citizen
                                 The dr^ft SIS £ladings confirm that.




                    s'jr! AC'* wiisiny disturbs,  rind. ?.oo often ds8troys,




                    ecological infinstructiir«s.




                                 Why l^aa it Csken 2€ y^pss for govsrawnaiit




                    to decide that tpay-fc** fche.tr* wast a r^a^-ftn for the SMRCA




                    law r*It«r all ,




                                 I i tHjues t c yds* y t ha t t ri» S t a t« and




                    SVieral ag^neissis r«&j/r«s-is!!ifc«d in this SIS doemnwiifc,




                    ^•sarch th^ir mind^ *.n<3 th«ir bureaus rat ,1-c.; jscuils for




                    coasitruc'tivv ways to luse she Surface' Mining aiscl




                    feclanation Act to res'core Hye-vAn an<3 ocli'Sr Imfc'itats




                    destroyed £01; twc-^tiid-a-nalf decades by not enforcing




                    the Act,  fo adwinljeter fe.uitia^f burdsn ss-ych as fo




                    ixrd'jcc-, Rftd not iiic.r&@j&w the e«veriLy of: fj.oo.ding,  to




                    ri?yuj.ate agaiisst,  ruith&r t'hssn suable usmecessiiry




                    -ds'-Jtruet icm and to protest th*a people of West




                    Vi j'^ifiia and *• he.tr life-support s^t^vn, fhe 1 i vlng




                    tiiHvi j'onw^snt.,  1 jrofti fc;cti.i ^.o^s c'orjfej'a* i OT>S who'SH God i s




                    r,x&$ fesfsloyeae at




                                                 J2  Walter.




                                                 13               It IB IB ou.r c-ovspsny J p ^iussi^-it ajtsttsits^nt









                                                 IS  rbs 2fi> y^s^r^ that, I hsv« te^ext ir,:aaine«t*<3 with Walker




                                                 16  1%'ich.inery,  which is cl,oH<=Iy t.ied to Cha coal




                                                 IV  husis^fcisj,  I HSVS msst. s-cs Kta^y paofjle in the coal




                                                 18  iKdustry,  ti*st are pi-ea*ntly in tl» o:»al industry,




                                                 13  tH«t 1 certainly wetO,a dees s tim* vAan ^test VtrgSsl-s r*^illy tse*
-------
                    ;au££'ar,  at  a t iiftss when ws coiitla'aw to s>a& oui kids




                    K£>v* out of this statist to s«tftk esployn>;-nt els&wherss,




                                 T»     w t -   f    -**!*•  jiA "Kan - * i    M




                    us,  as H M   ! i •> i   i  ,       -     . -  „ i    f J j,  t  < <




                    UU& particular subject,  th«i& do©s not s«ew to be




                    any ccmspremise  from tL*? other sids.




                                 J  hav« MS, h«jr* today and listened to




                    ch-asing this Cod c£ moi*&y, asd 1 certainly haven't




                    t'oaad that  to be- tons IB the people that  I Stave knows




                    in the coal industry.  Tbsy worship the aat«e Ood tliat,




                    I do,  aiid j ^ certainly is not leff^l t*nder.




                                 W*s .tacerstiy ctsiftbrated our &Sfch year  *ii




                    ths CatorpiHar ck&lerehlp hore iu fe-st Virginia.   I




                    balieye I have  said kk$t we have S09 essplcyees,  and









                                 Wa wer«- pseud to hava President Bu^h afc




                    oat Cacility a  ye-tsi ^90 to sake a nsitionwide talk,




                    and wss sfcronaly stasd behind his is&ues,  and wly.it




                    r.his Adminiffit-nst ten believes -in.




                                 1  tsslisve ti'sis caal industry ia norcs




                    highly .regulated today th&c it has ^var ba-^n.




                                 In my 25 years i& the buainess,  I Isave




                    a«var knc^m it  to be as r«gtilAKe4 as It is fcoday.   It




                    aas bsi^n w.ltn^KSfsd by all of these acisncisj® that are
1-12
on tfiis pcdiuat tcday.




             I think th« bottom line is that if we




would just stop and cosisid«sr f.ba alv*rnativa?s -




             1 love tte Rvourit^ins,  I, lov^ the




sEreaiaa, I love this st&Lc, cVia*» is why I am still




h«*rs.   That tjs why a lot of ray brothsrss and fflistsrs




ar® aaplcyed b-y Walker Mschlaery, -are still hei"e in




Sfest Virqitti.il, because w$ lovs this stat^.




             It is act ISSCKUSC w«s hats- the msuntsfeiitS,




oz1 riat3» th.s strsaitis,  l?ut te**a !K»,V^ yot to souuihcw iejstrr*




f.o jwacefully co^xisst, I*®-SAUB« this ss^.ata nesds




coal.




             I firmly b*l iovst that.




             ife are rich in this wasidariEul reS'mtrc®,




m:>t-d this stats J2f*«
-------
                                                                                                                                                            Carol Warren, WV Council of Churches
 1  awoxml,  tlrf."-r.a  is not efn«ugh of It co go axma&d,




 2  Nuclear enexxjy, people don't want nuclear energy




 3  built, in their backyard.




 4              Do w« want £e iwiy on Middle Kastsrfc









 *?  Chat  is certainly net the way we w&rit to 90.




 7              This country needs coal, the state  has









 ;.;              1 thank you for your t,i;rsa tc-;iay.   £ hope




IU  that  ws can get these issmes behind us,  bscause  I  cats




1.1    11      *-ht    "1          nAnias r.har. work  in  this




•!•"•£    i    i tU * n ft-            • - these j^ople,  urheu




13  they  go bofor^ their fctxircb, they carmcA do t'ivw-y^-ar




14  planss,  or thr«i«-ye«r plans, or *swn a oiie-yaar plan.




£5              At *ur |:4-a,ca of business, we cannot do 9.




.t£  f ivti-y<4-ai' plan, we can h«.rdljf ^k.* a six-Konfch  plan









1#  (r-^er  thi0 industry.




"•-§              I wish yc-'Jt God's speed in pushing these




v-Ji  .issuog  b'iMndi  L-B, ana Gtxs's spc-s-sd in looting  this
               21  »t
                                                                                11-8-5
                                         A£tsisr ('js .  Warren speaks, ^;- will be




                            taking a five -minute break.  Whan she finishes,




                            I will sniKmnce the next  cw* r^sws r.ci ccme vjp artd




                            ^psjjak b^foife this break  feo that  they will bcs pr^fsrs




                                        . Thunk ycu.




                                         MS. MARSEJv:   Hi.   My na:« is Carol




                            Warren.  T live 5n Webster Co'tinty,  1 am a 30th




                            g^nei'stion Itest V.irginiar., and  I wrk ^t t:h« Coau;ci




                            ;j£ Cfitircbss aa cc—cKair c£ S}*ac=8 -t«i-d Jaufcics: PiogrA




                            Unit .




                                         A^ jx»opl*  of faith, we balleve chat ws




                            ~tr»a called to caro for  all of that Cod ci'«rstc<3 sK
-------
 !j       ' mi* j i h  ji t x    I         v. i    j  t    in tidie a two




 %  and three tiroes.




 7               We fc&Vt?  ht»en th«re counsel ittg tha




 -9  chl,).di«ii, who  ^rc s-cs  f right tx&cd by what t.hey have




 y  0;Xp^ri^ni,-e.-J,  that they  can't- be pat into £h& bathtub









lU               H"a Hava  poured rsUlioM of dollars of









13  siioL't®.  Wo Iwv^ divertsd church personnel from




14  other jobs fchat they  woitld :;or:fla.lly do, to h* in ths




    <*t»a  f  n   IT r t-  h  j i'  i  •*   \- hwB hir^l




     1    -   f * J fit ...    *           ;• 1     t t ^   t> in









IS               Ke liave  dene tivit because we have ^.'aiited




> 9  r.o h-slp, ber:aU3« w«~ have co^p^ffision for ?he ^cple









21               ikit our  rss.source-is ar-s aot. infinite.  The.




22  Cc^saril  cf Churches just ,vSi:t out another letter to




SI  c3 caavs  to tisat point, and, wo




                              are asking tliat question.




                                           §o we have been in th& southern part of




                              tte state for tlss la&t t.br«H; years  tryin9 to do cur




                              ic*b,  and trying to b& a co^>s.@saicna*t.®. prc<>s<-;nc*5 tfeir&




                              for pee^sla ,




                                           {few WE w-aj't- to ask yon t-o t rsgisKftrfi-d, I would *s,rtk




                                                                                                                                        ytfa to rc-gist(i-r,  a^d  s^perialiy if ymi wissh t:o spstsk,
                                                                                                                                                                                                        17-1-1
MTMA/F Draft PEIS Public Comment Compendium
B-151
                                                                                                                                                 Section B -  West Virginia Afternoon Session

-------
Jack Henry, private citizen
                                 My n




                                 I am a pssstor in th« Kaiwwha Valley,  and




                    havw fci&L-sn ior the -last  2S y^ars ,   I  u.sa .l-sadiitg,




                    that v:«3 war»s lcsj.s<|, tiiat was graduating iroirt our




                    schools, but IJZK! Rcfchin-g they could  do a£t*rr




                    graduation.




                                 Tt>3 second thing that 1 noticed iu thwt









                    percentage of  hc«wss  bein-g destroyed, broken,  moet  of




                    it fi-rttti l*sk of inrcwB.




                                 y*;s, WK teve ts pollution  prsibie-nt in rfest
10-1-2
                                                  Virginia, it ia c&lic-d poveity.  I tlilak tlsafc it is




                                                  sad thiiBj fco Irave that, rdtuation of poverty.




                                                               We hAVs ®u£"h rlekss ijn oar natural




                                                  ress-ourcsC'S , thss L-yi/d has tflviSir; us gr^at natu.fal




                                                  rssomrcc-s* mii*J he said in hiss word, h© aaid,  1 knew




                                                  th& plans that I Mv* for you.  Plans for you to




                                                  prosper and not bt* jbarrsg-d.  PIsns for you no have a




                                                  h0f>3 sin-d a futyrc.
    what ha h*s aslir^ady put  in pla.ctt' .









    Ha wants us to \itiliKO tk®*& ®£i lc ient.Iy,  an
-------
                     o£  tba ecxsj.,  and thy- tr«ks:isparliiKf of th^- coal, but 1




                     *:-a  le<-Jtrnirv!-j tiiat tHtsii®  is gr«s&t,  yr^at,  wealth that




                     IB  untapped yr"   i  r}>  /k  - *-«   «*.,  -tt-?j I in fcbe




                     final  p re-duet » t M  * i  *      -  f       »*1




                                  5fc ars involved irs iS-a-arching and working




                     in  ^c-opfcr&t; loa with the UaiversirltSK,  WTO and




                     Marshall ,  -and cthere -- fo^t  rsainly WVSJ •-- that fhsrst









                     pitch.




                                  1 don't hsv-e £ha titse to qefc into It in




                     derail,  but it i# already d^wlnped,  it  ia p-tteKtsd,




                     anr«sciat^^   t7obs Ghai: they can nave estesni  in.




                                           And  when I  think about all of th*








                              itatural-rissoure^f  1'ridKK.t.rift^,  1 think is ia a sliwisa




                              t-hat we should iwv^ fch#.£.




                                           Ifc se«ffii^ like for coal,  for ftxatnpl*,




                              thfiit w?» h-a'^/a an atfc.if,u*S6-s ab&^t ssrmatstiBtop removal,




                              ttet w® could b;\va Rwyiii-aiiifcop f^K^f&i „ or clean




                              st r«amsf -




                                           I think  that  is  sad.  We should fas abl«a




                              to K-sy with all o*' cmr f.echnoirracy tliat i^




                              rep£«iffl»2iitid h«ic-  or, this piatlos-ai, si*d tl'iroughout our




                              sshoolffi,  %fith .all  e-£  our K^chsi-o^racy aad our




                              Abilities, wa cughfc to bs  afe.le to say r,hat we csr.




                              have faouu tain top  re«K:viai. ar-d cle-sa stiwaras.




                                           i-fe o-uyht  to b
-------
                                                                                                                                                                               Diana Wood, private citizen
                    or  fe oth«r Jobs* tli&t aans equally providin-y ^eod




                    living wageis  tLat  i# a^cociatsfed with that one




                    sftxcairat inn j«fa, or h*arv*5tise? job s>f harvesting co




                                 Jfc is toe va&t of ••* cos*, for ua to i&
                    do  it.




                                But  I r?v




                    Mard, VIT~ cc-uld  fij«a a




                    profitable, uad tc h;-r
                II                I would like fco B«(» >rh« nroernal of




                12   t.h;-:sc* ant. if. ies t hat h&ve sc^w in can state.




                I-s                i.'cu don't havt ta read th« newspaper, or




                14   Mat ',;h t hi* T'Onioiit, Shew v*si-y lor^, to s^e sotnahody




                IS   wakiafif i:;ommip»ts afoout UB l^ing 4^r.h, or SOt-h, in




                1€   Kve?;yf h i IKJ  fch-at v;e sic,




                1"*                Sc I wcviit'i 1 ilvfr to 3iS« us bac'OitKi L}yj.




                18   lUf.si.-A, and not th* tail of sll of fchcae things, and




                ~.9   with a good \jMl.iz-4 »re out ot t iws.




                21                HH. H'OvRiTj  i bteliesw chat wri can d,c It.




                22   I  AK all fer  it.
11-1-2
 1               Thfeti Uis  next  shaker  Is Natalie*




 2  Spencer.




 3               MS.  WOOD?   %  jsasse  is*  Siasia Wood, and  I




 4  -as from fteckUiy,  Kent  Virginia.




 5               My huaband and I  own a s*oll etui* in




 6  B^eklisy,  and at the  sass* fciisa, I work for a coal









 a               It mmme  like  attytnora, tt  tak^fi two








l£               I drovs* &rs' san to the  airport todray-   Me




11  is in the s^rvlee.   He  left this sstatfi, w*nt i.nfco tte




-2  swrvlo?-,  ars-d that 'is t-fo* job t,,bat: M ifeid to tafee,1









14               And a^  1  drova Li«  te-  fch^  airport, lj&




IS  v;as selling HK,  Mem, w.b*sr. T get  out of  the service, I




16  want to soms back hs«:-  an4  work.  What  kind of }ob»









IS               I i?.aid( Wssil,  ti^r^ is not a loS ,  Tker®




l"9  is rea.liy n-of- a lot.   ted he said,  K-ell, look ^src-iiRcl




20  and ttll  ws wlsat  t.tera  is t'lac J can do h;&= hoiite -   I want to  gc t-o sollacjs, au4 ^t my




22  dtegr<&«,  and ssv«iTyt-hing,  but tell safe what kind of iobs




2,^  tkat are  h®r^,  b*srau^«  t -x&r*.t  to live -and work in
MTMA/F Draft PEIS Public Comment Compendium
                     B-154
                            Section B - West Virginia Afternoon Session

-------
                                  And as his plane took o££, I Cltou-gbc,




                    G^'cl, what  do  we  all nee°;1 to do, k-uy an airline ticket




                    -~,>id  fly oaf: of hr-re?  Because ic s.«ss that we have




                    just hec'ii  !;o£a";.':y ':-ow«ii»£S ie-rs^l out of wvcrythiiK-:.




                                  1 na:ye;x thought '.k&t; s.y job w-e*i,ild b&




                    Zv'.tyht.  I ne-ver thought ti^c I would havs to fight




                    for  the right to work.   I I-UK* thought that I would




                    bo able to work  aiui eei^-d&y retlr«, and $it out o& my




                    trcuir pc-r;:h ami  reck,  busj sh&t is aoi1. hc,~w it its.  Now




                    we- have ta 1 iterallv fight  to have jobs.




                                  Tn  working for tl» coal "InsB, I M«a all




                    kistds c>£ pispEiivDrk,  whe.ta v;^ apply for j:^nrdta is.na




                    all  this kind c-£  fj-tui£.  I  doc't understand It all,




                    because I am  not  an engineer, but I can tell you




                    this:  Tlwr^.  i^  & let  cf p-j'&ss'work already.  Thens is




                    « lot. that ««:< hs-^i to  do «U.re.,sdy,  t.c apply for tfce.Hi;




                    &e.i^its and du t.h^&a thiacjs,




                                 Ai,d «B I  drive down the road, I lock *snd




                    I s--%^ all cf  tl-^s  thing?-: that: j^ave rharr^d -:,a™r the




                    y^;a£-s Li^it; 1  h.av^ gcywc. up in West Virginia.




                                  You dofi't  »c-e  a lot ot psuopls dumping on




                    the  wide of the  read,  and different things like that




                    "".h-st ur,*d to he.
1-12
up, and p^^p-ls:; woxi'id  driv« to thti c-ud ot town arcd




dtiHi£> their  trash.   Nobody dees that anymore.  >*fe &.re




al.3 becomitig tasrs  eKViKXiis^rstally wise, a«d we ai"e




t.iyis:s9 to tab*; c^rM otl  what >:e qot.




             I fflint  vyry  prowft to te a Mrist Virginian,




anri I am v*ry proud to  llv? IE this s-tafcs -




             Yes,  I thdr.k it i» beautiful,  but I




don't want  to make ifc c;hi; kind of .bfj;aufy t~hat tlu?




tourist driw tiisciiali af.4 ciiey an joy ic, and I can't




work, and I h.,w£ to l*ave hftte- b&cmais^ I can't tvosrk»




             Or^e o£ fche g«ot.lfe^an said, Is this a




jcfei?  Ifo,  this  is not.  <* JI^XQ.  Xt is a;y life.  It  I®




?:sy tataily'at life.   It la your lite.  Ste want to work









             We WSRS*.  to fe\srk b*ra, ws want  to do it









want t.o pi'^viiifc!  lob-ai  for our childtt'iiti,  th«at ws cion * t









iwcfluss* th®!1^ i& RCS-C hln«!j bissr^ for t'l^K.




             *i"te schools ar
-------
                    ivi'iva":it'ul, antl  Gc*d crave  it to as .   &ut e




                    wants tc  blsttis-s  ©v^srytiling on the r^iuess t  or &.GIW& tiling









                                 You  knew,  I I ivs; on « hill, «md there is




                    nothing on that hill tut ih&ss* hou«m.  And was h«w




                    had 00 much  rain  oveir the p&Et: faw yeats that I have




                    a two-level  teufsiS,  and on« day it  cart« &o hard -~ it




                    WM the. day  Ui-st  «•- to .1.0 IjKrhc-.s of rain,




                                 It cstrax so  Ivirct, that is. CMW down Us-




                    read, and th« ditches couldn't t&k& it,,  and ray




                    bsdr-xtffi £>tt th«  l^sw^r lev&l £lc«ied.  I csuldn't bl&roe




                    that, on the  c-.:j&!  mi ness,  kwc^use tb^re tsn' t otts in




                    u-r-ile*! c*i  lay  hcua%; ,




                                 Do you know where th*. rain cawe from?




                    It fiam* 'jol'a around,  sn-d 1




                                                    see sail tte «sner9y, and mil of tas things that ws p-v,t




                                                    together here, an-d t think, "Khy caa't wa ck> F.cwttftthifcg




                                                    really 9c,-o4 «ith t.hi.fflV  Why can't 'we pat it w.ll









                                                                 L^t's put it ijJ.1 t^xjether and  mak*> -a




                                                    plac*5 for our children f.cs work-
                                                14                You kftow -- an-d I ais act usiny  tfai&  r.aai'S




                                                IS   as a grand s^tand,  fcmt wh»n I re^d in the papar  that









                                                17   to -collssy
-------
Natalie Spencer, private citizen
                                 We  itr&  reguiatsd to .stoat h.




                                 MR.  CHAIRMAN:  Mat Alia Sp^nc^r.




                                 The  ntsxt  speaks s will fo* John Jfr»tswfer,




                                 m.  SPKKCfcit:  My naiiro is Natalie




                       ncc-r .




                                 I *ara from Kingston, feat Virginia.




                                 1 work  for  coal.




                                 I caii ' t ur^i&r&tand why in the State of




                       t  Virginia, with  ail  the &euno~-:U: problems that




                        having,  why  &i:ycne would want to ruin a few




                       iAHf rieK  that  helps  us- survive .




                                 I dei" ' t ccn-'V^ie desr, j.'oyj.n^ tb>




                       lronifemt.,  as  much asa  th-^ i.frxt, pssiso:!, but X a.leo
                                                                                                                                                The

                I'/               ll^y  i,\rc  trying  LO aakc p-^pls: b^Iisva




                18  that  the v/hole  stsf.e will b^a -l^v^led b-y the tine the




                ".:3  coal  industry gets through with it.




                20               TLlgi  istn11  t j*u€!.  tfhal ycsod ar%:




                21  i;mecestiibl&  ns-^uijtains??  With i:h© typ& pff re^latiiatioji




                22  (thAt  the ntinino industry h^s  to do nowadays, this




                A?  oth*i-wi»* unuoablft piec-s of l^ad could fc« «e*d fnr




                24  ;^'iny  things,  sn:d it is.
10-3-2
                                                  school & are put  on fchess,  shopping centers.  Tls?sra ii;




                                                  always a useful  plac«  £or  this land when  it 3s taken




                                                  car* of .




                                                               "S'hat  is going to be w^*sx*e all thosa




                                                  fcourissts c^aii stay  tiiafc W€:  sir-a s;jspsv-"t in^ thio sfcstfcs to




                                                  hav*a tlimt is acing to  £«v« ^s* .




                                                               A'li wet «var h^.-sr sixixit is tlid




                                                  bad things - -- the  ba.cs  iss"u&is» -  Gc* look £or youi'Ssiivss




                                                  at soin® of the useful prcjsett' on thase lands.




                                                               Thp.a  tk« Wfst V.ijxisisiii* ©Mployrwat. rate




                                                  hasi gone ftom cvesr 47,&VS,  in thts r«smt.h of May, tliay




                                                  said,  now it i&  51,600, In sstsnth of Jane,




                                                               Tlie B-tat-is-rics ar« out tbsre showing how




                                                  smny typs® of jobs ssr« a£ffeta-3.  Wlvat it^act. will




                                                  this situation feav« 11 w«?-  srun c&al off?
                                                  19,  in Pay® t fee Cc-unfcy,  te-ading frosi -Mt . Hope to



                                                  Reckley,   The m?s»  rfere   ^   '•**     t*  1 b ' fhe co-al




                                                  indu^fcry.   tto ona s^^isiM t      I ti i  it  it  •*! } of th«



                                                  run-oi;fc"is  trom the taia^ i    * i*   t t^-uj:^
                                     10-3-2
                                                                                                                                                                                                11-1-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-157
Section B - West Virginia Afternoon Session

-------
                                                 64









             No cne complains about all of  ths  fill




that the Highway !>partawr.t ?wk*s when fchey clssr









             I cannot think ot Uiiothar industry in




thif-i state that ip con&-tAiit,iy havinq to fight to keep




going on,




             'll-Aire are !«3iti:mte, as^lsctf'aJ.,













             If it was r.sf such a !ie«ded  industry,  I




w.dd 'J.nck-.i fft«»rstvi.  Ar*j there r»al ly psj-npl*-:  here that




v&Aiit to i>t*y ltirjJiKr h&'Kt is;g and sooliiiy foilly?




             The electric ccanifta, they will  have




to ts?fsnarl",  i fc fi^m other esr.a^es, and th-st  i^ going to




b-:: at. a higher cwst, fi&'i who *s yoiny to  pay for









             We SILI:« going to be paying higher tax*»s




with so fww people i«ft wcrklKg.  Sowaixxfly  IK go^ng




r,o ivivs: to sup|x:vrt all of t/ne&w UBK^jpIoy^d  p;ec^le.




             You, trut-hliuily, and fa^t u^lly,  cannot




hlar&s all of this on feh* c;:sl industry for  the




nrohl^m^ it faces ar.d suffers frora the flooding.




             Thrt St.ftte r.e^da to ai^art; regu-lating
                                                                                                                                                   Th-sre ara so Ka&*/ :i»re briclgfts on




                                                                                                                                      crs^ke,  an<1 also th«? little culver STB that they a.x®




                                                                                                                                      putting in bsc^uKo all cf! tha paoplis from fcbs? city




                                                                                                                                      want  Co 90 o%it'  infc tha cwm^ry audt livo next to




                                                                                                                                      nature.




                                                                                                                                                   Tbssre i« trash along the road* out in




                                                                                                                                      the c-oimtxy,  ci:-*sk ba»k,s sr« full,  a;id tlns.a whssr*




                                                                                                                                      Lhea




                                                                                                                                      .^ttei: 'th«y "ire  filled with 'run-off fr«r, tte msmy




                                                                                                                                      rairts ttisac w?s ii*av*s hsci.   tad I K-aid «*arlic-r,  ths land




                                                                                                                                      d«eV*lop!*rs fchafc start dlffsrent projects are never




                                                                                                                                      flntshsd.   All  of ttese fact-ore sciotribute to th«




                                                                                                                                      problem.




                                                                                                                                                   Tli«,' only I'ea&DK a




                                                                                                                                      after coal eot'^ani«ss is becaau&a




                                                                                                                                      you can ' t  e-ue tied .




                                                                                                                                                   In tha majority of i-hs fUs-.ls in this




                                                                                                                                      SESSs-ii:'. WviB  iJutJ teo ISU.Ch S'fiiji, Ala £,UO ah^rt C>£ 
-------
                                                                                                                                                                                 John Metzger5 private citizen
                                                     66'




 1  QiiiE'frJ StAte+iA.   7 he I & 1-3*3 a'.: potion of these occurred




 2  in th* etafces wh«re tbsre is so uoal raining.




 %               So let'& qis?t putting all th* Mam-? on




 4  v h* ce-a 1 i nd-u B f - r>-.




 VJ               Thfc ifest Viryiivia coal iuduatiy is ®^i%;




 S  ri-v-gulats-d than any cthe-r iitiSusstry in this ccuntry, or




 7  probably ,in th* world.




 8               Ths Federal gov^xr.r.K.^j,t isn't as terd an




 9  'ass as this etaio.  flow asny tsyre jobs will this jsteatss









51               Mew mafty psopl* ars% cpirtg to have to




12  si.ovis out ;?t the StaU; IS th^y wan*u an-rl m:-ffid tte jobs-




13  to auppC'rt th^ir families?




14               With th:«nt. and turn it




19  ir*to a Sr-.ata park,  thea we will have a pi ars fr;r all













22  m>,  *rfe ft#*d to protect the sjivircmsveirtt.  It. is
                                                                                                                                   2   thert*  i*  nofc  aj-,y flint Isgid to put osi tteJr<* sitlDs




                                                                                                                                   "i                If  BO one has jote?s,  and feat Ylrctix




                                                                                                                                   4   n«ods  ooal, cs-sl produces -jobs,  aarl co-al-telatsd




                                                                                                                                   b                'llmvik you,




                                                                                                                                   S                ME, CK^IBKAN:  John Sfetzger.




                                                                                                                                   7                Tl'ift rsexfe sp-sakftr will fe«s




                                                                                                                                   ft   Handy  ffcMilliosi.




                                                                                                                                   9                HR, KETIGEsi;  Ikulc,




                                                                                                                                  11'                My  rial**® is John f-i&tager.




                                                                                                                                  11                1 atR a ^urfa(T£* co^l jalner.




                                                                                                                                  12                I 
-------
                    vsajuas, but it tates a better person to COWKS up arid




                    &ay, Hey, what do we have  to do Kere?  What do WB ssa«









                                 1 knar *b»~t  aU of ch**a retale,




                    wliac,av«i', wo h;-.vS' in tii& acrssfss,  okay,  what da ws




                    hav<* to do to clas*n tli*.t u|>?




                                 I trhi fek yey; : cox %t our cotwpany,  and




                    ."srJMi a 11 cat we h,wv<> got to sts.it.









                                 Our ec'fitp-suy,  if t&$ dc Kfossfcthing wrong,




                    s,*re ar^1 pe«»l i K*d,  Kiirhsr  oas sf uss will c*o to jail,




                    o r w^: will. p-"-ty all K-S »




                                 But oRts ol these gtoups can COIM up here




                    and run frivolous lawisuit,  aft*r frivolous lawsuifc,




                    sad what: reccntrss doess the co^any h«,va, or any ct us




                    as an individw*,! ?
5-5-3
             fe ^r*2 OAit  ther&  ia  the  coal,  yet tttE?y




can keep clian.nelir.a thi® s-tuff  tbr^u^h our coui't




systems, block*oi£j  It, sna killis«j ^s  acG-noTOieal.1!'/.




             *?terti is t>« "i ust i cs t ;^t*re ?




             Khat  Is our siscourse?




             M&Q, this  lai-vci that, they all  fcalk




afe?»'jfc, ®a"viaq our 8xmnr.®,ir,.g:, it i® ov/rted  by




.irK!ividtia,10.




             Wimt rights cio fiiossa folks? .teiv^?




             I htaar about, wall,  w& haws  to put




everything foa<-:k feo original contour;  what doas the




laadawi-sr havs t.o E-ay?   tVu't  Ltey bave a eay in w>»




iu fclusir pi-opcfztyr




             This e^itw gro-iip of pe-^le would bs




thoroughly Hpr that ttey could &o




plant tteir 9*r*ferv is such a way  in ttwir backyaj^,




             Aiso, they  will sit  and  criticise




aVP r"j,Bt hlast w *i«  tls^ 1 l^ht switch,  t«k« a ntc-




tot ahovJ^r, yst on the liitarsest,  aiid  ttey dt? it ail.




with coal; witli all cf tl:as energy t.hat the coal
                                                                                                                   19-3-2
MTMA/F Draft PEIS Public Comment Compendium
                      B-160
                         Section B -  West Virginia Afternoon Session

-------
Randy McMillion, private citizen
                    saeir car aiiU t&ik about th&- gie&nhou»i a r;itt;Jc: jX'ipiCK^d.




                                 1 «sm a native cl fest Yiigini,^-  I haw;




                    liv^d here for 4€ years of ssy life,  an-d grew up in




                    r,h*a r-^unf-aina, and i-xi-m&bnw I a^ strnggl, iug to




                    ajKk-irsfcsmd thss vast dci-st ?.-uct, io-n fa-ti: t-his irtdujst.ry  i




                    accused of havirty in the are-si.




                                 I wa0 growijsg up as a kid -- and as &




                    lot of oth^r folks tev« B^.ftt^d -~ environniafttally,




                    t.M« stats is the fewe In sigsific-ant asanB, ev&r th
                          1  apaii c£ my lifetimes,




                          2               You lock -£t the streams and the




                          3  countryside,  it is twice what i^. was wiien I vass kid,




                          4               A« you r«->d this HIS, ar an you try to




                          5»  i-ead it,  it is ofcvloitc thi^t th* as1© no f-^tai llau's




                          is  in this iadUKtry.




                          7               fhiss  industry is? resp-aosible,   This




                          S  laclustiry 'has wadfi  sfignif ic-aanv galas, and ssSxtiv^vw in




                          9  pi:oCscting ,tte envircrs^aiir .




                         1 Is               Wlis t  is tj^ftdfeii is 1 og 1 cal,  a £ £ or-d^bl e,




                         11  gaSns in ssMivirsTSiHseiitiaij protection in t.bs f ur.tue,




                         12  This industry is vary valn-ci'abio IB tc-canoitiicBv




                         13               It u«m;ot burdeu isi^nxiicant ccHBt




                         14  ii^acts.   So a liU',1©. sanslfallity, a little




                         IS  uncteirF.tanrl.tni^Jistic view of the Jru^ur**,.




                         17               Tisei'ias is- «t £'*s«isornabls; solution h^ie.




                         IS  Tiiis isci\i-stry prevides & ijreat i-esource fc.o this




                         1 s»  state,  and t-'O th«  ti^ficn.




                         20               The opponents fc.ha-5;, opposw c-o«tl,  airs a.,iso




                         21  9oi»9 to cpp-t>se kydroelcctsic bands, they don't want




                         22  thes^ rivers plugged up.




                         73               Th«.y  are slso th® oasa that are




                         24  unwillitKj to lest li-uid razees fcs coasa^;-;'! by
                                      1-12
MTIWVF Draft PEIS Public Comment Compendium
B-161
Section B - West Virginia Afternoon Session

-------
Karen Keaton, private citizen
                                                                       Terry Brown, private citizen
 1  winctedils.




 2              At the sasia tiss,  if  you look at g&&,




 ,1  tb.K  qss prices yesterday closed a*  $5.12 per million




 4  BTLJ< » ,





 b              Ori the Kq-aivaieiis.  basis, yuur electric




 -*?  bill  - - your electric bsin-g generated by coal --















 Q              I v?oyld JUL*C »c*.yi  lo»k where we iia^a




1:»  Jsean,  look afc tli« advancements?  w*  haves «smd«st have a




51  realistic view of tha future, and  do something that,










13              Thank you.




14              MR. CHAIRMAN;  Karen  Keaton,




-IS              Th& next ^pe,aki*r will  b* T*rry Brown,




IS              MS. KKAWN:  !! -jtt»t want, to say that 1




IV  sr< prou-d that I work icr th-cs coal  cDspany.




IS              I liiBV-s n«v®r worked far sjuch a gcvsd










2 \*              KV'-CJ£"¥ si**-y wh*;r. I -y~> to sty j ofc, I f &el tay




21  job  is going to ixs ovcs-r,  Ko wa^ yhould iiavs to live




22  in f«ar to work.




tt              ThARh you.
                                                                               11-1-2
                                        X havs Ilv-Sid la fe-st  Virginia all lay




                            life.




                                        I am a miner,




                                        I tfe?,.Ek this j ssvje  is far  rmv-s lost a lot of farmland




                            due to  Interstsstes,  Tliece  Ka'-astAinKop X'emcj'Ml jobs




                            rr-aka beautiful farmland, beautiful as'iBing




                            dev!~lcpm«ats.




                                        You lo-'Sk act^ss th«i tivet' and lo^k at




                            the htmaes up OK the hill,  you, sould havs a be-amfcifu




                            hctijg-*s up  sn a hil 1 *">» tl^ss ak>jiinicli'>i'j*id sat rip wi nss.




                                        Ht3W waay ol' you live  i;i Ico IKJI^-S?




                                        Sdbody 1 ivfcs is* a Icxj 'toisie?




                                        Nf4;ci3y livaa l;t a stick hotae?




                                        Everybody ?>ives tmdei; a rock, da thsy?




                                        l.nt,:-or®t^t« 6^  shut  dc*vn a wjrnth ^30;




                            f 1 era-ding.




                                       • What wa® it, the strip seine right fcsscsid




                            of it?




                                        Ho, too much water.
                                                                                                                                                                                            10-3-2
MTMA/F Draft PE1S Public Comment Compendium
B-162
                                                                                                                                        Section B - West Virginia Afternoon Session

-------
Doug Waldron, private citizen
                                                                     74




                                 Two y^y.rs ago ssy >KXIS& cjol  llcKjd&ci; too




                    such winter.  Mo strip mine arcuncL




                                 Sc- why AT?* we getting biased  for  it?




                    Tin-re is no saasoj; fc>:t it.  Like th«sy s*-ay,  thfife ar^




                    -;* lot o£ iss&nwjs being cc-verea, and this  could  ctiuss- to




                    an agrsi-j'iwEmt and everybody work, and have*  a good




                    life,




                                 thank you.




                                 MR. CHAIRMAN:  Do-ug -•• smd  I  will  l&t




                    you siay your last nanng.




                                 The r.^xr. sweater af?«r Doug will,  fo* Mike









                                 HK. WAJU0ROK;  'll^ank jou v»ry  much for




                    your tiiiH? today.




                                 My riaise is DOS;-OJ KaldrOTi.  T have  it




                    written thrarw.




                                 A v^'Ky iixsp^utarit isau<», and 1 will just




                    Wt*it to say a few words:  First of all,  1  aw glsd




                    thcst w« 1 ivt~ in thf8! Str.te SM in a Mati^n,  where1 we




                    c^ui a'l 1 9*;;t up asid sxp?,«&s o^r viaws aad optniona,




                    aacl 3iot havi-; to wciry afowiit retaliation.




                                 Also, I as: glad that sv-s- liv&  in a jsfcat*




                    th-at back in 1*4'.?, when ^*&t Vlr-ilnia was  created,




                    thst.*: th;: {oundorw o^ this ststce cas?;* 'tip  with a sosi,
17-1-2
                                                 75




sad on this Baal th^y reps^si;rtc tws^ peoples ststudin«




b*sld® of A rock,  Tlva p*r«sa. on tii® left-hand sife




was sometimes called & loaaer, b~it T believe he was




actually a fsntnis-ir,




             Tli-a psrsori or, tris- riybt-hamd aida wait* a




v>oal miner.  It has tievsr fc*@!i disputsd fch&t it w*,s a




coal, roiiwr.




             C<.jml mir*l*i3 in WstHt Virginisi •••• aboiit




soiKw 70- ,  4CS~,  i^C vaara anso hsxs in Kcst Virtjiiila,




aad it was vs-iry iR^sot'tiatit,  -an<4 fcod-ay it is BC-Z"'? S-G




iispDrtant bscau.ee cca^ is Wa«f, Virginia,




             Over @0 iwrcstjjt of the electricity,




tolks, was sfmnerated hfeve in Weas Virginia, corner




fr«s:i ccal -  Through the pl^::ts, over S3 percent of




che el*sctT-ic,l ty assross cur BaMcm, again, cxsiwja frca




coal,  .and Uiers: 4® B-U rs?pXac«&?nt for ec-al at thss




e-o»t ffiisviagu that we hsavs right, nvw,




             V€&, with h^av^t aa Mivir-3n&»nt-al problem,




snd ysa, we have berati workina oa it.









w ha¥© madct sfcridsiis «Mity £>:u" sssid bsyond o£ wliat




anybody ever antici|>a£®-d.




             I fe'as fcors s-sd raised OH^ in Lincoln




Courtty on Coal Hivsasr,  Coc-jJ S,ivt^r, back tSKsn., wa©
                                                                                                                 11-9-2
MTM/VF Draft PEIS Public Comment Compendium
                      B-163
                         Section B - West Virginia Afternoon Session

-------
                                                                                                                                                                                 Mike Vines, private citizen
                    ys.rjc-rally  us™d  to wash eoai  in.  Th& c-cvil,  ssv*s




                    to;fey,  is  at ill  in the river, b-ur toflay, it is




                    rls>.sn*r  Hmn  ~-  I fchink that  If. h^s b*>gn, s-ven back




                    i.n  spy  f atlKsr' &  '; if, a tins»









                    our sconoaiy be  hers  in Ife&t  Virginia ts-slay without




                    rc«l ?




                                 Vfc  can  faias'xi ouKS&lvfcss, w« can hlsiifij our




                    gijV-*3rne«rs:it, but  without ci,-£il, would t.her-3 te a Civic;




                    Center,  would th*sre  be a 119, or wauld there: even h*




                    H Wailftsart:, if ws fiidr, * t have cc'al iisr* in ^*6r-t









                                 TiiGi\:- iis jjo sair-la-cwi^nt fi>r it -




                                 And what would  b* in the future, if we




                    diute ' C  havft  coal ?




                                 KCJ  will minis coal, a ad ws will mine. cc-aX




                    s-ssfiksly,  ',uid ^jivii-'cityjisssfttiiiiy,  J. foalicVu,  I'^spjiisi-bly




                    and not  to dc-stroy the Mofckstr Earth,




                                 I  was born h*r« in Lincnln Ccmnty, here




                    in  KX-et.  VAi'^inia.  I haw lived hor* all my lif®.  1




                    hav%: b»x»-ii  imti'ilfed 36' yaai-s,  and .1 a« prcud to be a




                    ife-^t Virqijiian,  and  J ws piT?^;d to toss a proud




                    ^supporter  of  the ^*flt Virguii-^ co-al industry.




                                 Yfts, I  %«n .like  Mr. CoJe^«an, I work with
5-5-2
10-3-2
                                               2  coal, but if I didn't,  I would still  support  HM c&
 7               I  will  say  this  in  cloaiag, I don't care




 8  if ytm 3-ika it,  If ycm clos't  H.fcv  it, if v^« want it,




 9  il: yo4t don't  want  it, ma ar^  ssack with ifc, ami w--









11               Coal  is 5fe-st Virginia.




12               Thar.k yx>«.




13               We rtfewfii to  raifio  it  r*-»po»aibly,









IS               AtsxS Kfcar. test next s-p'sak^r will I* tTaremy









l"l  you to KtaUc  yG-ar  naii^a «sud wii&is you atie ITC«.









19               MR. VIWRS:  My R»a« i« Mik<* Vln«».  I am




23  a salary K^f}.lo-y«?a-  o£ us lar
-------
                                                                                                                                                                  Jeremy Fairchild, Fairchild International
                 1               1 hava got two children, thiec




                 2  graiKk-hildren, and we all r«iy on ray j^fo-




                 3               At" trh« present, tisa, ssy d?sught^r i*s in




                 4  Ch-J.'r" .U'-tf.ai ,   Nc &stp-;< oynswfst: JJOT<£ fox" h<£-r -




                 ;->               My Kon. io a 3--ir£..v:'B miner, equipttssnt




                 fi  operator for another cott^ahy.  He -tasked me last




                 7  :s3g.ht(  bs said, Had, wbsf. is going to hapfwrn r.o the




                 8  Hnusg industry.  i s?«ud. Sen, I don't know.  1 said,




                 «  Lh-3 regulations ar0 v^~a^ el








it^sw, foscau&e *sh© can't c^re for liaraelf-




             I aj^prftr Iste the oppsr *: us i t y fco &ptw you .




             Thank ycu .
                                                                fertie-mbar to olsc say wiiaiw -/cm aiw li«tn




                                                                MS.  KAIRCHI^i   Hi-   My name IB J*r»tay




                                                   PaircMld.




                                                                I s^!tj from Bfickl^y,  ?fest Vir0iiii®.




                                                                I ate a I'ritnd ot coal,  and proud to say




                                                   that .




                                                                1 aia thus thisrd




                                                   to work la  ths coal ifeiusti"/.
MTMA/F Draft PEIS Public Comment Compendium
                      B-165
                         Section B - West Virginia Afternoon Session

-------
 I  called fail-child  Infcfcnva ic-ti&l,  an4 wa maautac-Luie













 4  co.*i.it and 1 wovsid i ;k«  t» say Lltst I acj:ts™ vs-j.th the




 &  opiniui'i o£ ift&st o£  the  poopie wno have corns before sss




 £  3".\ the isipoitanee of  coal  to tJtis state.




 7               I dcm't  re-O. ly s^e  How anybody S v;e can  all be DKOSparoysr-.




                                                                                                                                          "            I have  a lot af' frieads who wmild lik«




                                                                                                                                        to Jia.v^ a sitsiiSit iiKi  slftiilssr to whist, I te.vG, and hs-.vs?




                                                                                                                                        tlst* "lioic* of wiKther or  not to stay, or leave thljs




                                                                                                                                        at. at®.




                                                                                                                                                      Unf ort-iJi.nstCily,  t^hciy n! t,  and I *HS




                                                                                                                                        loBi:»3 frionds «nd £amily «il tlw tiiha,  nt> that thfcy




                                                                                                                                        c-aii cfs; off *imd find  wark  ,ar>5 aa-^v* away.




                                                                                                                                                      I tfc,.C-k tj^ar. i^ ?."*;ssaIXy ff>a,4 fc*caus*5 tli-?




                                                                                                                                        psopXc* in this ®twtc, a«d from this st^ttS, wbu ar®




                                                                                                                                        liviny in ot.ta'ar places, are croly gr«a£- pc-apla, arid I




                                                                                                                                        fesl honored  to knciw tt«is,  an;3 I stK- really ufiDet that




                                                                                                                                        I hav» to say cjood-bye  to ta«w.




                                                                                                                                                      Of f.-->ur^e, t.has3;y as« visits, but visits




                                                                                                                                        j sist isn't t lie* Kftiitiu .




                                                                                                                                                      So 1 sm jyst our-king that instead of




                                                                                                                                        trying to do  away with,  the ccral' Industry, or do




                                                                                                                                        *ihis'ig« fco bold it d&wa, 1 thiak fevsryc^xly shcmld




                                                                                                                                        tocu,si their attejitiicn oa  warkiag out ways that pretty




                                                                                                                                        si-uc'h we can coincide,   fe can liave o5Ji streams and




                                                                                                                                        ri\wr«, aiid *?n^oy all that.  It iss a gr^at part rsf




                                                                                                                                        th«-i state tbah rorit  of  UB love,  Asd at tlra sasse
                                                                                             10-1-2
MTMA/F Draft PEIS Public Comment Compendium
B-166
                                                                                                                                                 Section B - West Virginia Afternoon Session

-------
Andy Ashurst, private citizen
                                                                           Lee Barker, private citizen
                                                                                                                                1               1 am prctad to ba m coal .rdusr.   And I




                                                                                                                                2  have been doing it for IS ys^re.  It s;o\r0d mfe away




                                                                                                                                3  frojs my parents.  I h?;v* lived Aw-ay frosi parents for




                                                                                                                                4  1"? years new.  X ciort't w-snt rey so-s,  who ws^. born in




                                                                                                                                &  W>BSi. Vit^iitia •••• h<2 is goirig to be* born aiid raiB^d in
                                 X  ant trcnti ^ill ia^Hiscfn, West Virginia,




                                 I  «m ai^rrie-d,  hcsv&  a  son  two ysars old,




                    John,   I hava hM.rd a lot  of:  people  Talk that they




                    w>:re horn and r&i&ixi he res.









                    fco say it,  I  was  born in Brooklyn, &ew Yoi'k.  ted 1




                    i^ov^si to PennsylV«Kt;H when I  was ^ t^SifiacjeJr,




                                 In Iktthlffihwsi,  ?Mtinsylvania» was




                    S^hlch'-m S't^^i,  fee Truck, a lot  of heavy ittdustry.




                                 In high echoed,  I ivoald liavs lovfed fcc




                    J-wv* stayed in  Pajuyny? v*ni a.   Bnr,  d*iwii.  Sfe ck^t't n*wd to l>a cr/sr




                             rwq;-i3.at«?d any mare thar. -what" yj$> ara, and that is




                             vftK-tiriffi  $Kf HJ;S ^cis^g ,




                                         'flsassk you.




                                         MR. CKAIR3AK:  L»a fiaifcer.




                                         Tfce nestfc aipsaker ivill b« -Sail &s$6on ,




                                         MS. F£StXJ;>f;  I would lik** to f>;tSH .




                                         MR. CKAIRKM!!:  You are not going to




                             sp«-ak? Okay,




                                         tlt-'s .n«xt spts^k
-------
                    children,




                                 When 1 get old eiuexKjh and growing up and




                    hecwa old enough,  I had to isak-? a decision on what










                                 My eteci&ioa. eaa*e down to this;  I wanted




                    to stay in that ccunty, I wanted to stay in West




                        I.TIT,  Hvjir-*< }•*»,  tit,    v -i* ~  n  t , •*,  r  vi ) 5  for




                      i  ..  MM, iiiWt ] /   b.    v*  ,    ' t  f  1  *   t    tJt  jsj




                     ' 1 ' 1 j  i  ! ' II




                                   t-   H  *  -   ~s ~  I design those valley




                    fi-1 1    «inl U»     mt     t ^ -*  • vi stuff Hkft that,




                     i      t  i  i   ,   n     *.




                                 I can t^il you ano  thing, Che way I




                    •fe^icpi ch-s-m,  and the w^y we are  required to d«.oi«rn




                    •rhiftK,  nobody  hafi vs profolsss.




                                 0-ut * want, to talk  a little bit atxntt




                    aoouo  County.   Thfet is wiser-^ I grsw up,  Lliat is what










                                 Pacrj-e County ws,ss ths% place whssre coal




                    was tirst  discov^j ed by Ja^ts i%t*>r SJally.  Ksy'vw




                    bvs-«ii inining coai jshoi-tiy th^r^^tLsr, tv/c-r yincfe:.   Sc




                    it has b^n a long t lias..  It has be^n over lC»fs




                    ya-ars.




                                 I have heaxd ptiopla »siy th-at ws havt; 3CC
13-3-2
r«siiovals3, *svfe;r>six,'dy rssiyss, W«lX, le^.la jusst maka tlic




coal ooft^saiiis'S put eoms-thiiig up therms.  That is? not




thsiir job, th«lr j^te is to siir.a c-oal.




             It is pec$)l&- liks rK1, and p-sopls who




live* BcxJiis; County's -job to gei; osltsr industries in




Si'iese a&d v/s )iave s, pi as* ts put- thes;.




             I a?iSC wt^jld like *to .see wildlife




habitat i"Si Instated ci hi-9h-j-«nd 'o.«<-t for v»<;]a;imo-d




:-xssintain laad.




             I like to hunt ai-id fish,  I also woi;ld




Ilk® to &>^». risgul^fctona rs:»de wiiNsr** tiiat ws cculd




leaw poi;d0j ai'iid ssfeil 1 iflnp;>MfttlM-«st*» 1 iks t hat in




placa, for recreation usa In wUdiife haLitat-




             Eight new, we ar& required to rswov*
                                                                                                                 10-3-2
                                                                                                                 1-8
MTM/VF Draft PEIS Public Comment Compendium
                     B-168
                         Section B - West Virginia Afternoon Session

-------
                                                                                                                                                                                 Larry Keith, private citizen
                                                    £f»




 1  ad w-ich tlstt  land us*  p-^ssifc-i» .




 2               Mere I hsve  -ward a lot  of  talk aboitt




 3  floe-ding an-d  here is  a simple  fact;   Boons County




 4  cans ists of ruggs-a terrain, s-ajftiy it is -oa^ideu-ea




 y  3t*j-«p hillsi^os,  and  ssail  Ha*sow valleys, which




 &  inevitably; that  is the flood  plain.




 7               That 1&  just the  way it  is.  That  t»




 ^  j'-iHl thv wny  God  m-i«& H., arid  w*; tjot  to  liv« with










1£               Well,  wa're  e-^art,   We can  do thinge, we




ill  can put. mmmttair.s-,  &i'.d w«» ess  si-ake fl.at  land up out.




12  of the fioo-J  plains,




13               One  tiling I  *ouia like to say is,  ttic




14  cthsr thing is thss st.r®f5.si quality.




.1?               ^11 thsre has been a lot: -of issues




;€:  involved that  hs.v® been ato-:>.,jfc  straaa*.  qyal-lty, -:md 1










18  Ci>Al Riv^r b^ing  pnetty G-.uch choked with jsssdinsufc,




1 ?  bu1: sinrt® all  the reaulaticns,  ths sdnlm? inchnstry i«




?:S  tiviny by  •  and  we are a-sin-g  a wonderful 'job - - that,




21  is no loiiquu"  th«£  case,




22               Dae  to wh^r  the vsining industry is doing




'?. 5  *;;>iay,  th^. river  is> probably - ~  It in smarting  tc be




24  classifiK-d as  a high-quality strwan,  which it
                                                                                 17-1-2
                                                                                 5-5-2
 1  wouldn't hsjviei b«®n b  abl^  to  stock trout-




 4               11'ist is tht->  result of th^;5t %-vsKrythiiifj  iss «




 9  joke,.  I'll taii.  yea wh*t I think th» joka i», I








11  COKSS sx-aun4 and tell «e, snd  other fellow peqple  that •




12  live in that co«\aum:ity, wb^jt;  is ~h®  beat lor us.




1J               Tl^nk you,




14               MR.  CKAIRKMi:  Larry Keith.




15               ll~.e  n«xt apaater after  Mr. Keith will b*J









17               MR.  KEITH:  1 ^ffi Larn/  Keith, and I  am




1$  from Hazard, Kentucky.




19               I haw fo«Ma.n e?i$->lcye-rl In tha engin.eerir=g




20  profsjiMioo for 2:S '/«SI:'B, &z.d  have Inr-an  iD.volvKd In




21  th*i Kining iudusscry during that fciswe.




22               v'&ia.t I would i ika  to tJiice  si look at-  is




2.3  the impact of mining on our esw-^mitiess ami t&wrss,  in




24  L>M ccal fields.
                                                                                                                                                                                                5-5-2
                                                                                                                                                                                                 10-2-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                      B-169
                            Section B - West Virginia /Afternoon Session

-------
 1               First,  mining piovid^a jojbs.   It aloe




 2  pro'-taws flat usable lar^i cut of t-h* flood pl.ain.Sj




 3  Ksjswscirg^sK in wMch coal-fill aj^s-tss -are not folesssssd




 4  wHh.









 £  wile jirea surrounding She Hazard,  Appalachian




 ?  Fs, including




15  Days Inn,  Wints- Dixi«>,  Fc^cd City, Appl«ftbai* ' &,  -j\\&t to









17               Six churcli&a eil^o grtt tha landscape,




IS  City,  Federal,  and State w.ger,cias also usee fl*t
                                                                                  10-3-2
                             t;dning industry ha& beam placed umiar such strict




                             regulations,  to me*>t the affluent stanriards s®t forth




                             by f.hei-"* laws,  T can stifcesst firsthand,  that in




                             5»:«aU;«£ing dia-c'bsxmi frcss ps-nds aad -active mirfaaw









                             Kentucky,  the watsr is clean.




                                          ,&fceut a mcnth 30o,  a MDlogiest from the




                             SkwtlKi-.ru Kentucky tfrtivi&rai^y,  wass sfclag a st.udy,  wh;?.t




                             ha called a "bug count" at ajis. c?fc i.htt |#oud sil-fts that




                             I wa,s mfiKttl fear ing,




                                          Ke wafs s5t.ar-.diRg t,t th-s dis^h^r^ pip-




                             for this pond^  and hsv sade tte j:@:K*i:'k ttefc in his




                             tindiuoB,  throughout the* sascsxa KUaatucfcy at^af tfeit




                             tile water coming c-ut c£ felies'* pond«, wai-s




                             substantially cl«?.D,er than any water, in any opes




                             channel s® irs L39*jlatlo£iB, ar.d
                                                                                                                                                                                                   5-5-2
MTMA/F Draft PEiS Public Comment Compendium
B-170
                                                                                                                                             Section B - West Virginia Afternoon Session

-------
Robert Wilkerson, private citizen
                2  -arid donata* it to Be-sdy charities in the: are&, but




                3  could giv-s sway SK tn-tts.





                4              5& ;•*,•; whist "Joes  this $Miy Jicir t!«;-
11   will h«.









13               My r,^»te  is Robert Wilk«i!soti, and I live




14   in  ^rino^ftctf).,  West Virginia, with aty wife, two




1:3   cKi 1 tlrsii of &iI:K fhjsfc  t*s raiB««d in Sfesst  ViS'glpfa ,













la   ct*  e-sTploystenfe opporf:unities at that r is-r-s.









SO   ?^ali^sd that; I vested t& live a dif;£f>r&nt ami
 "*              Its -*3  years, the av^srs.^ C'-c-al. tisiB«?-r h«d




 S  the pc?t<*:ntial tc ^«TII fcsstw^^r, $§S*S,o§g,  arfd




 9  $i ,-3 millioti, sM-p«5R^Siisy en ths& Job slut ios, cj" your













12  $:309f S§3 in P^dorai. ttaxs-s, -S&g, ^93 in ifest Virginia




13  Scssts t^x.c®, and $PC,^&8  lii FiiC^. taxss,




14              B«!fcw«(an 1^9S, &Kd i§"^§,  5,7$9 mining




j.6  jobs wtsra lo&fc in We-st1 Virginia.









17  per yjsar, per ftuc^r, per  &;a:pioy*», you multiply t;hat




IS  eia^a S,7S§ jotja --  ti^&t  is just for them* four


















22              Hew itaportaist is sniniaq t;a  yoyr
                                                                                                                                                                                        11-4-2
MTMA/F Draft PEIS Public Comment Compendium
                                                                                   8-171
                           Section B - West Virginia Afternoon Session

-------
 1  opc-U'dtoj,' in Minyo County,  fctetsl  Vir^in.i.a,  who has  a




 2  st'Ore close fco th* i-'arrowho&e De-velop!;«nfc thiSt









 4               He told UK* chat the one tamily owoer of




 „•  Lhis stortf is ic-air.a $*3£o  p&r day in sales,  and this




 £  is just one store.  And you c^n multiply that ov&r
ID  Qffic® cf Hindis'  Health & Safety Training C'aal  Tax




!t  Sb.«at - ~  yc»i can find It on tb«ir website  pacj^  --  and




12  it is intif:resting somo, of th**; co;a'V:-rif:s tlwit they Ivr/a




13  htriv.




14               lli@ fc&xsa paid by the coal industry,
                22   collected each y«^T,  fjoet*  directly into  the




                '??   laf:-i-.sst ructure fsonn Fur«4,




                24                'I'Kc- co^l iiidusitry'as  p-ryrol L  ie-  nearly
                                                                                  11-4-5
 1  $^ billion a year.   Ccal  is «apo:toiblo ioi  ntat*  than




 2  $12 billion amsu&liy iti overall *coriO?Bic inpact.




 3               Thep:e  are scsa of the factF that rcfmea









 S               Also,  I thi:;j£ ws= aee-d to reali^« that  we




 6  ai* all biased-   I  <£iti bi&sed,  an4 BOKSS of the other




           are biased,  aa t*@eO i,  who have sf-«>ii up OK  this
10  experiences,   I aai foiase




16  Kan !;;hsi right and fchift r-f-:ff-|x;:tKt.ll>il i?, is^s,  tc ^uivlue




17  ^i«ation,  including .sll li'^isig  cra-ature^.




IS               Let nm explain,  I  snjoy God'® creatlc-n.




1*5  I enjoy what  I  nee In We^£ Vi.rcji.niaj  and I rssalty




20  bs-ileve that  tte te.-s.uty cf West Virginia is prcixsbiy




21  just as gr*jat ass any cth^r atst4*.




22               Ifc appears- tl«t  the s-nviionmentalista




2.^  havs^ place'fi ex-«atioE ^.fe-ova «s.nd  before the creator,
                                                                                                                                                                                                 11-4-5
MTMA/F Draft PEIS Public Comment Compendium
                                                                                       B-172
                            Section B - West Virginia Afternoon Session

-------
                                                                                                                                                                                    Fitz Steele, private citizen
                    ijjo^xl sttswardehip.




                                 In Che pasfe yearis,  the regulatory




                    agencies,  dmn's.Kd^d t,hs,t r.he «,st>ffirialc jsla^-^dl in




                    valley fiJJs* w*:t&  cr slftpos,  aji-d &%» eoKp&ct **.•;* in









                    know can't b« cc-ntroliect by ccsjspacting material,




                                 Thror.ah ir.forrr^tioo,  and etudles rk?ne by




                    ifee-t Virqiaist Utiivrsrsluy «KS^ Virgiriis Ifech,  tlacy h^va




                    it;.'**" £ouiid  that It  you ieavs ihsc- e'.-.*ceriai  there vmi°y




                    liaose,  that it will actually absorb the yroiind water




                    as is: falls.  That is IOISPXHI t»ftn«e -




                                 in t.hi; inids& of ous° I;KJ&&,  w*s musi: f. 1 t^.d




                    co:,v^»n giXMind iviid  be rcsposslblo and asc-c-untabltf  to




                    our states and eoawmiity,  su-d at the &.ati*s time,




                    provide lobs i;o enjcy th& b-sn^fif.r, of Jiving in West




                    VUqlrrl.a.




                                 This  is coirsSKai ground.   This ecrnihan




                    gi-ound cannot be reached,  wbsn we continue to KWM th«s




                    exodus of  our yctmg ch.tld.ren,




                                 Mil. CimiRKftS;  You nc-e;i to wrap up.
13-2-2
                                                                                                                                                 MK. WILKKRS'O^!   - - leaving fevat: Virgin!.




                                                                                                                                    anci  findina saif!ploym«3H".  in othet' statiss.




                                                                                                                                                 Tit«v,k you  v«.ry such,




                                                                                                                                                 MR. CKAIRXA^":  Okay,  ife st«'; going  tw
             Tfc® B0xt two.speakffira will be




Fitz Ste«le and Luke K-sCarty,




             h'LsG,  rewasrfe^x- if you do wl&h t.o sj%sak,




you need to sl£ "i:he RuckJens Lake




Bowler's Assjsociatioii,




             I am a strong sup-portar of mount air. top




rssssval for my family an^S psy coas&micy.




             Wb«.r*i I live,  ws: wcnal<1 not. hav-s nothiita
                                                                                                                1-11
MTM/VF Draft PEIS Public Comment Compendium
                     B-173
                        Section B - West Virginia Afternoon Session

-------
 1  ii it was* not lor tlvfe- co-^i industry.   Our local




 2  hcispi t al,  dcc-t ore; *  cf £ i ee&,  hiyh school,  hotels,










 4  b'iiMlncK^os,  Wayir-s Supply,  a  CAT dsalg-r, our Coal




 fj  i-'icl'J Industrial Paik, ai.d &irpCH"i,  ar& aljiu built OE




 O  hollC-W fill £5 ,
                                 H
                                                   3"
13  to tabs  it      i     r i   i   3 \t  - 1 i' t vmnt that,




1.5  Wi» 4ira a proud,  Ii..irdwci-kifsi9 gsou^ ol Aiis^ri^anH that




14  ;;p s.o work evety d&y,  to pax>vide for their families




"IS  a,nd corannm.tt ie?s.  Me tie not want to be dependent cs




16  IK-* -J:K*.









IcJ  scream.  I wculd like to »«* A strean foe  called a









2!i  dirch.




£1               Oi'^l w-sa formed thioagh the




22  {i?taudibl*>)  brcad*toiE-g of a swa^sp ssaay years ago that




3^  ares WE&; Iftvel,  e.ach seAts started wbsa all that was




S4  i 3 sttudi b] a)  s««n «;.>8 a s-wssip .   S i 11 casr«s  i n, ccrw;red
                                                                                  10-3-2
                                                                                  5-7-3
                             ths» ewawp,  it ffi.fcartc.-i3 all  ov&s




                                          As £sr &« e&i'Itwsf




                             do.




                                          Sfe fcavs WKJC  ,38§ bs-ad of cattle on our




                             i^ioixsrty,  c-'Ki' 20 hfc&d of  hornss,  sysmy dt£«r$,  tuikey,




                             coyote^,  -sad '*"» h4v*s is^sss  ssls that wonder by,  w*s have




                             &;•>*<» black b^ars, als<*.




                                          Evany spjir-g  in fcasftsrn Kentucky,  "«&;




                             have- a thing '- - w hasv* a  eoKssitt^y called l-rid& ,




                             Ever'/ spring w
-------
                                                                                                                                                                              Luke McCarty, private citizen
                                    ar«,  at  sa,&t,  out the is cleaning up




                 3  after generations before us, «n<3 cleaning *ip after




                 4  i-jur cm-ient OIKS&,  Vfe do o&t eye and ;;lf:-aii up our









                 *               E-Jov;, fchar* i» a river,  it is cAllsd




                 7  Nen^na Rlvsr, that, drains around The D*na3i national




                 $  Park,  whure Meant PcKixXay is,  and it  is a




                 9  giacj.fei-.-tKd river.




                ^•-}               A ijl^cial riv&r is very silty.  It




                11  doesn't have  tiv r> d  •*   ~   1 •> f  i i t *•   It   >A




                12  :.o a ran^c-r uj   r      «u  t       ]   -,   in t, )     i -




                13  is. is  a titsh ciiXieid a. burbot, which is naosisthing like




                14  our catfish.




                •'-'^               Tiber, on tl^ sal*'»n, if  they can iimk* At




                '!£  all tbis way up ths istrea^ aad Kpawa  thsn tbc-y do,  hntt




                17  also they die out.




                i-S               As far a£ alternative sources of etser?jv,




                19  we h^Vfi solar,  we have nuclear  p^'jwar.   You know,  that.




                SO  is real  ESS£^,  what is 90]rig to  happen  wh-arj a




                21  ts*rrorifn.ss hits one of, our r.ucX&ar plants,-  h^w iiK*»y




                22  will cU«?




                ^^               Th«r>. wa  hw&  natural  gas.   We don't  even




                24  prc'duf,!^ Knouyii natura;  gas  tc ?^st, our ns^dis.
                          1               $kwt itaxt sic-ath,  fejtguss 17th,




                          2  St. Psst^rsburg, ^Icrid-a, Q-ZI& of our ensr^y




                          3  cx-.-j&sifcteas, they ars cpirsg tc sit davvn, they aw




                          4  gaing to chat with tfaa R-us^tar.B .   They ar« goina tc




                          &  try to cut a d&$d with Ru^siia tv »yy A^tuxvii gas ot'f




                          5  of thstiti to eu|^ily us for power-




                          1               W^ already toave that, pow«r,  it IK calle
                         10  power to our country-  I would srtirh rath<&±  t«av** iriy




                         .1.1  trust an<3 faith in a busch of coal  win«rs,  than




                         17,  people tvam f,he Middle East ^r "Ras«i"A,  Lo h&lp and




                         13  d^gs^nd on fchesi to Hiest our c-uei:^ rtssadss.




                         14               I do havt? asi Hsviron^rancsil L^Aclership




                         IS  Award, foeeausa I ger o-i;t ssr*d cl^an .tr. up.  An-d my




                         1,6  ccjspany dosss take ca.r« of ch» ^nvirois!»>snt .




                         17               MR. CHAimtAK:   tuke KcCaity,




                         1^               Ttee next ispsaker will  b* Will law




                         3?  Rimsott,  Jr.




                         23               MR. KcCAR'iTf:  Ky aaas*  is Lukin  McOwty.




                         21  J have b-^f-sn  a coai miinsir f'^r JS yearss,   i hava btjan  a




                         22  union official,  safety lain® ccsKaittea.




                         2*               I also own. s hc*« th;\r. ^^ -~  within the




                         24  next two,  to three- yosrs, will h;*v« ap5>foxii!?at«ly 7-
MTMA/F Draft PEIS Public Comment Compendium
B-175
Section B - West Virginia Afternoon Session

-------
 4                T. ftm  r.t't  bwra  to sjx--o>» o;i behalf o£ the




 ri  at rip miners, or l!>i e-;;vlrcnns:'talistis.   I am hers




 «  for -ey family.













 9  happen.  It ain't  tjoigg £v  httppsai,




I*1                I asi  net  stupid eriouyh to think ttet




11  you, or An'/h-xly *lsve Is «joirxj to- stop ir .




12                What  I wo-.ud ilk« for you to do 10




U  ryg-alate it,




14                Mh'iit  c!o ysjxi rsSesifeK,  Mr.  ?fcCarty,  i"««y\ilfctji eos-K piccarciS h-s fs@ tte.t I




17  iv°"is "t^Ari t inu t o show y^>u a 1 i ,  iMtl t he way tlse t m"y.?n  IB




l«i  her*, I can't do it.




°:§                J3ow,  T am s^clna to try to exp.lain .It to









21                Hcv w«> iaive a  strip «in& in th«s tea-J ol




22  this hollow.  Vfe cut a ditch, and put rock in it,




7.1  fthot rock, m-ayfo^ «K big «.s  this; pcdiuis.
                                                                                                                                                     All i'i§iit -  1% s-i&ke  sh^t ditch 1&- £e*:-t




                                                                                                                                        wide, 4~f®*t dsii*p,  Kow evmry  fork,  jusat absut,  will




                                                                                                                                        havs» on* of trhsja,* in  it,




                                                                                                                                                     Thssy d?^«|if .tr;to a  hwllow that  hcas a









                                                                                                                                        wicfe, ,-afoc-ut ssix inches dsssp i& what  it usually runs.




                                                                                                                                                     ffcxw why  1^ this aicch r,:h.is big?




                                                                                                                                                     ^ ar4« c^ttin^ S'id of e**a,s watxs.f.  TKst




                                                                                                                                        Is what it is.




                                                                                                                                                     Mcy.*' my premies: iis, this C^SK ck«B the




                                                                                                                                        lx>U.">w, hit® the has* cf Srtos »llcswf ws* have* wtet we




                                                                                                                                        ca 11 ssd i !!t«B t. £;oruig .




                                                                                                                                                     Ok^y, Mr, MeCarty, cus  aatlinKsnt po^d is




                                                                                                                                        goin^ to t-aKsf 
-------
 2  over fch« d,«ua,  &nd risjht  on down to •"?<%:,  and  who*v»r




 3  lives h*lnw it.




 •t               i*?hjj,t. 1  woyid 3 Ik*,' .is tor that  w-ater  to









 &  property,  so that aw,  *nd the other j-Maopl^  that livsa




 7  he-low HIS,  can K-urviviS.




 S               fitter than  i'.haf:,  It is t h# dusa".  that is




 J  ^t«av*d.




Iri               ifl'.en^ver  ycvt go oa a job that  they kn-sw




11  J-D'.J are -rfswiiKj,  I ij\:«ra^t:ss? ycy Mw,: 'f.>u will  be  able




12  to sc*?. just 1 ikss you ca^ in this JVXJK.




13               But v4ifen  ycu *sre EIOC ch^rss,  Bi-ofcher,




14  listen,  y-su better vzsar  you s sask.














17  probably iiavE bfi^wn iusig,  InHtssssl o£ black  luag.




I'd               tte'W I dc-ji' t. think that anybody bsssides




"i 9  "-* in thin room, b^ll^v^^ that s-f rip saiaiftcj is gcS  S W ttSiiP ;s?'5^ Of Ch-*i SfijtiSS .









14  rain, and strip mining r^j BOthiay to «3a tvith it.




IS  Ton'lr, fft^fc at? tvroi^g, Brothsr,  Icggl^ hssas a bier part




*»&  in this.   Ivsgcjina  has a  swv-or pa.! t in wliat  i 3  QC'itwj









18  to l*t it slide.
MTMA/F Draft PEIS Public Comment Compendium
                                                                                       B-177
                            Section B - West Virginia Afternoon Session

-------
William Runzon, private citizen
                 1  wtito; it is suing to fct b«ca^u« wb  h«v®a yoc*ifut tlic s^'oblss^  with




                         21  water, and mesaing, ar«d tkcso fypK-^ of isssuciis; I




                         22  live beliefs a stream, S li*ra feeaid* she ^cspjs Cre-ek,









                         2-4  that operation also is a cjij.;?
-------
Benny Dixon, private citizen
                                I would jUBV  r.w.ke  an  appeal to this* body




                   today th-at you wcuid bear  t.h© voice of the £Mo.*tl 1




                   people, th« people that -live in thrk the* re.  1 ckm't .«s&  any oth«r




                   opportunity tor UK in th&t region  buc to mine coal,




                   ;*nd I am proud of the company tha*;, I  work for, and I




                   •^lank !;hat tltay cte a oo?id  job at ir?lni'n-*j.




                                I thank tos x,he opportunity to sspsak




                   today.
11-1-2
 1  3Q yaax'ss  in  the- co^sl liidusti'y,  aad 1 ck>ri't  b^lievw




 2  r,Ka£  ccMild liav« chaaen a battar indystsy to work  in




 3  than  the  c-sal  industry.




 4              sfe ar« a r^ntt;ior.s:ihl« indus;hry.   Ws> take-




 S  cara  of th&  tsnvIronuKfit -




 S              jy?C-ut 3*> year^ 3490,  I waB askwd to




 ?  defend fchiips  country, and I did that, with honor an:s c4.d fcafor* T ai'vr aaw a de^r.




IS              I was almost 2S'-y*a'r® old b»»for*s 'I saw «




X?  wild  turkd-sy, evBrywker* you =30,  yon  got r,e be




19  careful dr.iv.ine? d^JWK tfe* raad th^t you don't run  irvto




2 §  ona.




21              "Ifes bcs^t pliiusi to dfesr hunt In Kentucky




22  and ftesfe  Virginia, IB on s&rip-rsinfed land.




2S              We have ©Ik in eastern Kentucky ta^ay,




24  I*: htiss not tesn tfere £er lf>5 years.  They  ] iv« on
                                                                                                                                                                                              7-2-2
MTMA/F Draft PE1S Public Comment Compendium
                     B-179
                            Section B - West Virginia Afternoon Session

-------
                                                                                                                                                                                   Mike Comer, private citizen
                 2  fla*.




                 3               TmsKjlHft trnst.




                 'i               What do taey liv^ on?   They  live  04;




                 3  grass, trori-K, tha.t u«r coal coiswaiiias haw planted.




                 ^               With mil that basing said,  it sotmds  lik«




                 7  a pr^tf-/ fjc^d p'^Cfl fcc1* ' tve to *<».





                 £               Tr,? EOHW of t,b« asoa-pa be to re »m,  th«y




                 ?  k«-csp brin-giivj God into this.  I lov^ Ccvj, and  I




                !'.>  r-i'iSp'frct God, but. I Jbsul ig-.vs G^i put a  c&ial  iti  Ch*s-s«i




                ,i.3.  t^s-'.tnr a i ng: for RK& to tnln take i t: aw« y,  s




                13  don't haw much Cor the*.  Aad 1 dafenxl nry right.




                14               Stj«(iS of the gto^ps before  us that spc-ke




                ZS  Ah-r?'!~ ths% rec;-PKt f.1 o;>ds»  I w>stch«*d  if,  on naf.ion^;




                16  TV,  c,he PodE.x. truck w-sshlr,g through  dowjitewci










                19  any.vbere closr«,  Can anyivody ttsll R« where ifc'r- at?




                19  Wh^re the run-off from this strip rcina  Fl osxled




                20  d*>writ:-::«jm d-arj.e^tioit, cvs-r xwar the airport?




                21               I drove- &i.^dnd Lhesia th« esthat  day.




                22  I »^w a liouse that w&o washed off its fountSat iua, net




                33  tc-T! far from v&exa 1 live, bur. T -don't  hear  no




                /.''I  bla&LUi:j, J do-r.*t se^ s.o r^i* oft f. iro?-" no  strip min®.
                          1               ^3od rained on Clic-.ri&sCon,




                          2  W^sst Virginia, not Arcfc Cosl , not Mstsusey,




                          3               So I woiild a.eik  yoa panal  ?r«!jfb*ris :




                          4  Protset fity ability to tsasa a  living  la ^stat




                          S  Virginia.  I think it IE a Sod-givan sight,  and 1




                          S  vill defend it agaiast anybody who v/antis  to  take it




                          7  away from me,
                         14               My nassffi  i& Kik* Cos.'Sr,   I  ats fr<5w




                         IS  Charleston, West Virginia, brat  1 was  bom and rais-isd




                         IS  down in Bl,u*af i«ld, 5-fesc Vir»^ir;la,  rfercssr Counfcy,




                         17  Bou^h^rn itest- Vi 1-9 IK. la.




                         1-S               The a?,(4ia tiase ay grandfather ~~  toth ray




                         3 9  $3f;%r&d£a t hf- r& - ~ ws rs  ra i 1 r^r^dt engines re ,  hau 1 sd




                         29  coal,




                         2.1               H-y fisthsi'r w<:iis a salesman for a




                         22  distributor in southern Wast. Virginia,  aasl traveled




                         2J  sJws coal fields all of his life.   Many tJ.m^p  dtiri.ng




                         2-1  t-hs* sjtwissr, I woi.'l
-------
                                                                                                                                                                 Nelson Jones, Madison Coal Supply
 1               1  can s£y ih^it i was ssda&'ated in ifeol




 2  Virginia,  and I che-ese sol Ive in fer-fc Virginia.




 3               At tiha s«n%? tira, f?:c  with United Eanit.  United 3-ank 1® tha larr imir
                         1-8               I think we have been a  respousibl*




                         1§  eDploysr.  Our payroll tc,   Th
-------
                                                                                                                                                                                 Bob Gates, private citizen
                   that pay  any tn^Awy in Wesr Virginia.




                                The ch-emtcsl industry, the governm-sK.t ,




                   and  tliG •:>:.:<•. I .Industry .  There Is jus", oiva in-dust. ry




                   ictt that istEoxti a C'lture ior our ^splo^'^s, pleciKO




                   think of  fJvtt    , j   i"  I  ,. ib H / i.    ours-e our




                   reg-slati'  u   1 1  t H




                                u  *i  %         i     -i'l  id UK-

                                                              tlw.
                    li'^   j_ •> - t dty to work,




                    to  c:>ntii le f   i        *•    i    i  t  to wak*a this




                    afc^-i gmat .




                                For ever 40 years, 1 have attandfesd and




                    p-ai'ticipat'-ed in ^venfs ir, this auditorium.  This




                    ayditoritjffl %-SFI paid for, in l?,rci* part:, by th*




                    ''•:*'Ss,loye-T.s in this a .tea.  Kost, of those are yoae ^£T/j,
                                            i i   *  r      wtH t  t  if  "rlifith.





                                          !*«•£.               t




                                          I    "s  l   l       -l




                                          My sfeugfcter was born in Lc^sn Cmmty,




                                          As a fiidK-afe&jr, I hav« 90:1^ ds;wft ta th&




                             Eluodttd ar^as and tMfced with ooal-fiald rceidaiiLs,




                             d.isKus!jed with  tJiem, «sr.cl asksd tlis-:s where tlwy




                             t sought theste incr«s saxiioa, I hav^ oonss




                             av^r-  th* iTiin«ia? thc-se wallE of water CMK from




                             mount^intop ramcval/willay  fill s ,




                                          Hut fco st*s;sticri the; Lyburn dip^stiti1 a
                                     17-1-2
MTMA/F Draft PEIS Public Comment Compendium
B-182
Section B - West Virginia Afternoon Session

-------
Corky Griffith, private citizen
                                MR.  *> > I         At  /  i f •  ' J«£




                    oppcfrtf.mil y.  ThiUik you,  guys .




                                I AM A football coaeh,  that recently




                    took  a  "j'rtfo with KIRS cmt or Leiden,  sfest Vir,,




                    p-jb] U;  relatikms for !.:•;«•», S,SK! tha cc-al industry.




                                I call an tspproxii-Mtaly SO Ui Ha rent




                    ,s.*in*?> in onw month.  I go sroimci and I sg*=e thftm all.




                    T  h-xve  not eftftR any that are :ir*t trying their t^st  t




                    tskw  cars of th® onv|io;Mr.'>?vt,




                                I am net ES coal tsiri-gr.  t ^fii & i'wjtball




                    c=da«:rbi.  H«*^ trbs reaoois they Mred as was heeaufflsa 1




                    know  feh-r>a«* 9«y® -  ? hivs-w guys af, ^s-Tch, I knew gyys  &




                    3*«lcisi^Ay, acid I krtow (jii'/» a,:., pe.ibodyf  KasMtwhft Rivi&r




                    Tc-rs-imil'S, 1 kiiuw th^kM.1 p«apiM,




                                Ar-d everywhere I go, th©y ar® taking




                    c^r^  r/f t hs ffinvi roF-Kient.  Apji I know b'scauB*§ fc@ajr 3>-T




                    ?-mning avc-r a»;.  I wasis cut at Milford tte otl^r day




                    and two h^&fcs run ovsr &s wetting to a garl^iig^ c<:>,&.




                                I was up isi Clay Ccsuaty, wh*sr^ I gr^w
7-2-2
couldn't  B'Wim in  it.  X&oay, the £i-;smr iss back,  it




is this big -arctiiufi,  ^is&dic&t:,issg), -S^-ysr-sr growth.




The stream Is clean  atva running with trmit,  all









•ap.























             You  kn&&, I wy,ilA also writs ffitories for




th® Cl3art»a-f;^>n Dally 14*1,1 mfcc-.ut old high s^:hs.xsl& tk«.t









             Iis the  Isst £0 yvasT3, t..!is Stats y£ Sfest









lost 151  hi^h sch&olt,




             fX'fettta,   Thfflt i-s ^ lo-t ofc p#qpl*; 1S3 ,




             Arid  i Kt,ia wxi^iji'y iifc-o^t rttesi, ati-^ I KHJ uf*




to 15.  tod the rsetscr* I ar« doimj it is I want thcs-s
                                                                                                              5-5-2
                                                                                                               10-1-2
MTM/VF Draft PEiS Public Comment Compendium
                     B-183
                        Section B ~ West Virginia Afternoon Session

-------
                                                                                                                                                                                    Ed Painter, private citizen
                 2   is  about  ]cbo-




                 3               Arid  i",nytis-jss  yo-i  gc-s  a  chance to get up




                 4   ia  t'roiU1  of  this  ««x*y  people  a&d  ^ay  something, &nd




                 S   nobody  is nc^t going  to lot  yt>-a  talk,  you nrs»  tha biggest














-9               Out cf th&S£ ?v wln-ee t;hat  I havs* talked




2tJ  to,  «*».!.£ ot tteffi,  2S,  are falking ,^bout  ahuttina dm«;









22  Cosp.




?1               !>r>n' £ be the eMmy,  you guys.




24               1 have uot a q-ass&iioa for you:  How matsy
                                                                                  1-12
15




IS




17




IS










S-S3





21




22
                             ot  ywu ail  on  tte pariffil  kava  over warked  in  ths  eosil




                             industry"?




                                         WsS1^) d  you  r«a.ij»-6  y-s-'.il? hand?




                                         MR. aiAlE*.lAK:  Agtsin,  E  idmind  ycu,  tJs:




                             psineil  do^is  nofc an&wiar <|^^sst:-ic5!iis.




                                         MR, GRIFFITH:  Oh,  I're sorry.




                                         1 didn't really  r.«-sn ir.,




                                         The other  thing  Is  this:   If I  am going




                             t.o  coach f<3Otiffi,li,  &nd  I fi&sxi to kisow soHKifchin9f  1  «i.tn




                             yoing  to see ten Kehl^i;.




                                         If 1 *a« gslng  f.o mine  coal,  I want  to




                             talk to a coa]  mi-iisi;  they  kiicav;,




                                         Thtae  g'^'jca  tliat  aro grattin^  up  hero that




                             are coal rflinffirs knew,  that  you cian't  go  sswss«ft*.




                                         Tbssy know what Ass ^-ning  an.




                                         TlifsEh  you vej;j* swell.




                                         MR, CHAiKKAM:  Kd Rainier.




                                         Then tha ns-xt  T-j>sa.k.er  will b* Kari«!i
MTMA/F Draft PEIS Public Comment Compendium
B-184
                                                                                                                                             Section B - West Virginia Afternoon Session

-------
 1  l*uint*r and 1 i*v« in ¥




 2               I harve* thi




 .1   t    1  i) r t   !«• *i




 4    1    n n    J     ki  *




 ?->       it  t  »       >!t
                                                                                                                                                                                                 11-1-2
14  ps-opla.   Am3 a strong cc-^i irsdujst'ry is necessary for









If.'  >  /i J*      h »f  j  »  t j   fit           t,  higluy




17  aAilled  ptfoplo that  support oiu1  fe.'.:iUij>&>siiL  in th*j




IS  sainin<) industry.




". ?               Yoti hear over stsd aver .in the press fchisr













22  a lot of thesM jobs  -- K^ny of thci0e job®, are  net




S5  directly done by th'S  ccal  ittdustry t.o support, th*=ir




24  •^r'.'.'.reii ionss,  ai-e  ucn^ don* hv t,hs  cot;Ojini.KH  that  offsr
                                                                                 11-1-2
                                          I  «ffl the  old^«t  cf  thras* bcysa.  My




                             ac>t-fe;i" le a r^:tlrad ^Cix:cJt«ac.jK*r, and my*  fcakbsr  is a




                             r£ti3ps.*4 stw^lw^rk^r.   My forotrsssii* and 1 nil ^rudu^ts-d




                             fro^s State-su^c-rted universities =




                                          Upor, ^rfid'-s-atior,  I  wass f,h«? only OB«  thafc




                             found employer?t  in this !*;:,tts,  aitd wUbtMst hh«




                             ^ini-ng industry,  ;and wy  c-iiajps&r^ ' H noifc in  a uppo i: t i r K*




                             Shatf industry,  I  woulw that Kasy of yao rearveil, just a*




                             I do,  at tins*  retail gxcwth at Corridor G.  I have




                             oftesi wonsfetsct  'wl^re the p^ople  and tlie msnsry co*MS'




                             fro» to eujiport that leval G"L -growth.




                                          W*ll,  I dsju't think that it is comireg




                             fr*




                             hstv^s tosen ab?e  to at.fcrsic:t to  this st«tt« In ths last
MTMA/F Draft PEIS Public Comment Compendium
B-185
                                                                                                                                            Section 8 - H/esf Virginia Afternoon Session

-------
Warren Hilton, private citizen
                    decaete, it eotitoa £rom irJ.iui.ng wa^cs, and thfe? cowman issc




                    that sftippwrt tlwvt  induct ry,




                                 Thank you.




                                 MR. O2ATPKAN:  ferre-a  Hilton.




                                 MR. KIL1CH';  T&asJc  yea, gentleman,  fur




                    your time today^ slid SJ&'&SK,




                                 T»;,' tm' ants,  I d i dss' t see  yen.




                                 Thark. you all fcr cocrUiKj  out  today,




                                 My name is Warren Hilton,




                                 I sm frosi Bssikley,  Kest Virginia,.




                                 I Km a very  strict  ^irivironsisntalisst.




                                 I sco an awfwl lot  of  s?;oyt:ha  drop,  *it




                    chat fKiint.




                                 1 do appreciate '/ary jsrach the j>eople




                    *"-h«r bssvfe spckwti here r.cxiay, the environment"«X pssopl*?




                    !.;:mt havs c-i,?m~s out and spoken what  thesy feftl,




                                 I aleo ap^i&ei&tw trwae coal  mlsiers tb«*t




                    iiava cow** out toclay,




                                 J will give  you ju^sr. a little bit «•*




                    hisl.oty, ay company, my fsxi.ly,  was involv^-r}  in  the*




                    c-^al baslnesse since the* $&2iy sO's.




                                 W«' had over  1,0-00 pteopl®  w^rkin-y in




                    diff»ar*mt kinds of businesses, such as farmtiig,
                                          Sinc^ Jay Rcx-'*'**-£«ll^r intso-dacs-x,! ths




                             Saach Back Sill in 19S2, Federal regulations ~- ev«sr




                             regulation® ~~ of tte 'stsing industry, have taker, us




                             from I.OSC* ?;isfjloy*iess, sow-' of v;hi«h wc-rksd fiXf m^




                             that are sitting out in this rw« Loday - - quiU- s




                             faw of th*w -- we'iie' down to 33-




                                          im I ssk you p^MSpla fo do is usfi a




                             litt,ls aoitm»n E£jr.ss.   H« hssv-s li)S Stare and Fs-.disrfo;,




                             rc^jalatory iigescisis lou-klng fiftai Kining-




                                          I'Jtost w* ns*d is two, or thre& itore, the




                             *5SivifOittiiwntal 1st-si will ^s^~ fcsiei.r w^y* **?* can mcsvs oiu1




                             kidsr exit of tere, we can iyj.it. wewxyixig ^«bcnt s®
-------
                3               There WSK an Ackxiral,  ij.i eh=s Japanese




                4  *-kivy rmmsd,  Yam&moto.




                -•               H« wi'.s th-a guy on th*s flagship, that




                5  bc-iub?*d Pefarl Harbor.  H$ said - - af t*r he finished or.




                7  P*»arl Harbor D^y  - - we Svtve «wok*tki a oleepij'sg ?7i^x.t.




                i1               1 tbsmk tho i>j.:;/iroii:K:sttaJ, ists codssy feu:








               1C-  slewing giant,




               11               Ttatnk you.




               12               MR.  CP.A!RKAK:  'ftat was actually tlw




               li  liist can) J  had lor sp^Akcra,




               14               Ka dc liesve aboat  IS Kdnutes fosfote thi&>









               "-&               Doc-a an>'OiaK e.lsx-;  wiwh to ssp-ssJc sow, or




               17  would you rather  wait icz th*i  evauing isosaiou?




               IS               s!5c  ress$xMas*3 ,)




               1^               MR.  CliAIR^AK:  I  would HJw* to f.h^nk you




               2>J  oy^ryoiii' for eomlncj out this?, afternoon,




               *1               Ag^iin, I wllJ. rtaiitd you chat, ws an*




               22  h-sviug anofJ-iisr sesoicn t'hls svenirig fi-om 7 to II,




               -H               Tl^e  dc
-------
                1  STAT2 OF WEfeT VIRGINIA, To-wit;




                2         I,  Michel® C-. Ewiklii.s,  a Motary  Public and




                3  Court R^port^r within, siid fc-r trm Statft aforesaid, do




                '1   •   '5  witl.ify thflU- tbt-: tent :;-x*n.y of  s-iaki hearing wa.H




                -•   .i/   * S f m*s  -i*isd I.*;-£or«i uvs: at. the tiroa und place




                '=   *   if td in the -apcio:. hereof.




                "         I do  further rernlfy that said hearing was




                £        ' I   t   t   -,s, that the




                9   *    i  t   x ' */ 'i » i  i-»- i  a  11  full and




               10  r»;lacs-d to t^awritina, sr.d That ai.aid transcript, is &,




               '-. I  t r u# r#» cc r rl  of t h«? r. e «t i s*ony,




               --'         I  f'.urtStoi cti-rt: £'y Lhat  I as neither -attorney









               14  fch#-  paitiea  to the SiCtioa In which tltase proc^ediMs




               j ?.  w^re hacij  and fm'ther t &':-: not a re3.at ive or aitf^loyee




               ';-5  oC iiny att-i:-JTj.e?y or co'ULsel cn^'lay^d by  the partie.s




               i /  hc-.^i^i-C1 or £ inane iai iy inLoteisLad in t && act ion .




               -^         Hy cowtfftissicj'i expires tlie 29th day of Dee«ff4?er
MTM/VF Draft PEIS Public Comment Compendium
B-188
Section B - West Virginia Afternoon Session

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                          West Virginia Evening Session
MTM/VF Draft PE1S Public Comment Compendium                B-189                    Section B - West Virginia Evening Session

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                                                                                                                       PUBLIC HȣISO
                                                                                                                   Draft Progransmatic BIS
                                                                                                          Mountsintop Mining/Valley Fills in Appalachian
                                                                                                                  Charleston, West Virginia
                                                                                                                       July 24, 2003
                                                                                                     13

                                                                                                     14

                                                                                                     15

                                                                                                     16

                                                                                                     17
                                  Evening Session;  7-11
                                                                                                     21

                                                                                                     22

                                                                                                     23
MTM/VF Draft PEIS Public Comment Compendium
B-190
Section B - West Virginia Evening Session

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                                                                                                 Mark A Taylor, chairman, West Virginia evening session, opening comments
               1  APPE&R&HCES:

               2
                  Mark A. Taylor, Chairman, US Army  Corps of Engineers
               3
                  Jeff Coker, Office of Surface Mining
               4
                  Hitch Snow, U.S. ?ish & Wildlife Service
               5
                  Russell Hunter, WV Dept. of Environmental Protection
               6
                  William J, Hoffman, US-EPA
               7
                  Katharine Trott, U.S. Army Corps of Engineers
               8

               9

              10
              12

              13
               15              The Corps of Engineers, U.S.

               16  Environmental Protection Agency,  U.S. Fish and

               17  Wildlife Service,  U.S. Office of  Surface Mining, and

               IS  West Virginia Department of Environmental Protection,

               19  joint public meeting was held at  7:00 p.m.,

               20  July 24, 2003, at the Charleston  Civic Center,

               21  Charleston, West Virginia before  Michele 0.  Hankins,

               22  Court Reporter.

               23

               24
                        1               PROCEEDINGS

                        2              MR. CHAISHAH;  Good evening.

                        3              I would like to welcome you here to the

                        4  public hearing on the draft Mountaintop Mining

                        5  Programmatic Environmental Impact Statement.

                        6              We will begin with some general

                        7  information about the facilities here.

                        8              This is a non-smoking facility.   We ask

                        9  that you go outside the building to smoke.

                       10              Please note the location of the

                       11  emergency exits.  In the event of an emergency,

                       12  proceed in an orderly fashion as quickly as possible

                       13  to the nearest exits from the building.

                       14              The restrooms for Che facility are

                       15  located out the back doors here,- to the left, and

                       16  then to the left again.

                       17              Approximately every hour, or so, during

                       1,8  the course of the hearing, we will call for a

                       19  five-minute comfort break.

                       20              Hopefully, this will provide sufficient

                       21  opportunity for everyone to take a break, and no one

                       22  will need miss what is said here today.

                       23              As you entered the forum, you had to

                       24  have noticed the registration table- Me hope that
MTM/VF Draft PEIS Public Comment Compendium
B-191
Section B - West Virginia Evening Session

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                1  everyone registered  as you came in,




                2               if  by some chance you didn't,  we ask




                3  that you take a  moment to register before you leave.




                4  People will no doubt be coming and going throughout




                5  the hearing,  and this is the only way that we have to




                6  get a reasonable,  accurate idea of the public




                7  participation at these hearings.




                8               Even more iinportantly, if you came here




                9  today with the intent of speaking at the hearing you




               10  must complete a  registration card.




               11               If  you  plan to speak and haven't already




               12  registered,  please go back and register as a speaker




               13  now.




               14               if  there is anyone who cannot come up on




               15  the podium to speak, please motion for me,  and I will




               IS  be sitting here  at the table and I will bring a




               17  wireless microphone  down to the front of the stage.




               18               Let us  all foe courteous to the speakers




               19  by turning off our cell-phone ringers, and be




               20  respectful of the speakers, regardless of their point




               21  of view.




               22               Everyone's point of view is important,




               23  and in fairness  to all points o>t view, please respect




               24  each speaker up  here this evening.
                         1         •     With that said, let's move to a  more




                         2  substantial part of the public hearing.




                         3              As you rtiay well know, as part of the




                         4  December  1998, Settlement Agreement,  the agencies




                         5  represented here on stage today,  agreed to




                         £  participate in the preparation of a Programmatic




                         7  Environmental Impact Statement,  on the impact of




                         8  mountaintop mining and their associated -valley fills,




                         9              "Hie purpose of this Programmatic EIS, as




                        10  specified in the ssttlarfvent agreement,  was;




                        11              *... to consider developing agency




                        12  policies,  guidance, and coordinated agency




                        13  decision-making processes to minimize,  to the maximum




                        14  extent practicable, the adverse environmental effects




                        15  to waters of the United States,  and fco fish and




                        16  wildlife  resources, affected by mountaintop mining




                        17  operations, and to environmental resources that could




                        18  be affected by the size and locations of excess spoil




                        19  diapos-al  sites ia valley fills."




                        20              In the time period since the settlement




                        21  agreement, the agencies have diligently worked on the




                        22  EIS,   The agencies' efforts accumulated in the




                        23  development and release of this draft EIS document




                        24  for public review on Hay 29th-
MTM/VF Draft PEIS Public Comment Compendium
B-192
Section B - West Virginia Evening Session

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                1              The usual review period for a draft EIS




                2  i s 4 5 days,




                3              However, recognizing the widespread




                4  interest  in  the document, and the need to provide




                5  additional time for the public work their way through




                6  the cotnplexities of its content,  we have extended the




                7  time frawie for review and comment-




                8              A 90-daye public review period, and




                9  continent period, will close at the end of business on




               10  August 29, 2003.




               11              This is the second of  two public




               12  hearings  in  association with the development of this




               13  document.




               14              The purpose of theae hearings is to hear




               15  your comments oil the draft EIS.




               16              We cannot respond to your comments




               17  during the hearing.




               3.8              Your comments will be transcribed, and




               19  we will respond to them in writing as part of the




               20  final E1S.




               21              We are here today to listen to you.  To




               22  hear what you have to say relevant  to the continued




               23  development  of the BIS document.




               24              We recognize that many organizations,
                         1  aad individuals, want to comment -  So we have




                         2  structured these sessions to offer as many as




                         3  possible the opportunity to do so.




                         4              This session runs from ? to 11 p.m.,




                         5  this evening.  So we may be sure  that we have




                         6  provided everyone who way choose  to speak an




                         7  opportunity to. do so, w€ must litsit your sp^akincj




                         £  time to five minutes.




                         9              Some of you may have tnore comments than




                        10  can be addressed in five minutes.




                        11              If so,  you are encouraged to submit




                        12  these additional thoughts and comments in writing,




                        13              ¥ou do not need to speak here tonight to




                        14  submit comments,




                        15              You may submit written cofisments to




                        16  Mr,  John Forren, U.S. EPA,  1650 Arch Street,




                        17  Philadelphia, Pennsylvania, 19103, through the close




                        18  of the comment period, on August  29, 2003.




                        19              This address is located on the flyer




                        20  that you-received at the registration table.




                        21              Me have also provided a eownent box at




                        22  the registration table,




                        23              If you choose to, you m&y place your




                        24  written corwsnts on the draft SIS, in that box, and
MTM/VF Draft PEIS Public Comment Compendium
B-193
Section B - West Virginia Evening Session

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                                                                   10
                                                                                                                                                                                11
                1  we will see that  they are considered,  along with the



                2  other written and oral comment -



                3               As we continue with today's public



                4  hearing,  we would like to take a few minutes to make



                5  you aware of some of the ground rules for this



                6  hearing,  and describe how we intend to proceed.



                "?               &s indicated on the sign-in into




                8  building,  for safety reason?, and so that all of the



                9  participants can  &ee at the public hearing, we have




               10  aaked that everyone please refrain from bringing in,



               3,1  or displaying sicjns, banners, or posters,  into the



               12  building.




               13               We ask that you please be courteous as



               14  others are speaking, and refrain from expressions of



               IS  support,  or opposition, to consneats a speaker is



               16  making;.




               17               One  of the things that X noticed,  whan



               18  you applaud for a speaker, in the earlier sessions




               19  today, you take away from their tisse,  let's please



               20  not ck> that.




               21               As we proceed through the hearing,  if



               22  you have a ne-sed,  for whatever reason,  to reference




               23  the draft SIS, or appendices, copies of these



               24  cJocument:s are available for reference in the foyer,
                         1  entrance  way.




                         2              Also, if you did act already  reeeire a




                         3  CD version of the draft EIS document,  a  limited




                         4  number of CD's of the draft document  are available at




                         5  the reference table at a first-cone,  first-serve




                         6  basis.




                         7              If we run out, and you would  like to




                         8  receive a copy of the CD, you may also leave your




                         9  natne, and address, with the person at the  referen-ce




                        10  desk, and a CD of th« draft document  will  ba mailed




                        11  to you.




                        12              As previously stated,  in order to speak




                        13  at this hearing, you must register at the




                        14  registration desk in the foyer,  or the entrance way




                        15  indicating your deeirs to speak.




                        18              If you did riot coane hare intending to




                        17  speak,  but change your mind during the course of the




                        IS  hearing,  you, too, must register at the  registration




                        19  desk,




                        20              Our planned five-rsiuute  comfort break,




                        21  approximately every hour, shomld provide an




                        22  opportunity for you to register to speak,  if you




                        23  haven't already done so.




                        24              You ffiay aot register to  speak, and then
MTM/VF Draft PEIS Public Comment Compendium
B-194
Section B - West Virginia Evening Session

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                                                                  12
                                                                                                                                                                                13
                1  give any portion of yotir speaking time to anyone




                2  els®.




                3               If you speak, and do not take the  full




                4  five minutes  allotted, we will proceed with the next




                5  speaker oil the list.




                6               No one person may speak more than  once,




                7  We will be calling out the names of those people who




                8  signed up to  speak in the order of which we received




                9  them,




               10               I will announce each person, as well  as




               11  thffi next name.




               12               In order to keep things moving as




               13  efficiently as possible, as a speaker is cowing up on




               14  the podium to speak, the next person to speak is




               15  asked t* move towards the podium, and ait here  at  the




               16  bottom of the stairs.




               17               Again, you must limit your comtnents to




               18  no more than  five minutes.




               19               At the four-minute mark, we will hold up




               20  a card indicating that you have one minute remaining,




               21  so that you can begin winding up your comments,




               22               In fairness to everyone who wishes to




               23  apeak, when we hold up the card indicating that your




               24  tints has expired, please end your comments.
                         1               If you have more comments,  or  just want




                         2  to submit  written cowmfeuts, you may place them in the




                         3  box at  the registration table that was provided for




                         4  receiving  written cosrwieftts, or mail them to the




                         5  previously identified EPA Philadelphia address,




                         6               Again, all txanments will be transcribed.




                         7               He ask those that are speakiag to please




                         8  speak clearly, loudly enough to be heard, and be




                         9  mindful of the fact that the transcriber is trying to




                        10  catch everything you ar« saying.




                        11               Also, please direct the microphone




                        12  towards you,  it is kind of directional,  so  please do




                        13  that, each person that comes up.




                        14               If the transcriber is having difficulty




                        15  hearing, or understanding wliat you are saying, they




                        16  »ay stop you, and ask you to apeak up or repeat what




                        17  you have said.




                        18               We ask that you begin speaking by




                        19  clearly stating your first and last names,  and




                        20  indicating the cotratiunity, and state that you are




                        21  from.




                        22               When transcribed, the oral  cooaaents and




                        23  -written comments will foe incorporated  into  a Coaasent




                        24  Suiflffl&ry Document, and will be a part of  the final E1S
MTM/VF Draft PEIS Public Comment Compendium
B-195
Section B - West Virginia Evening Session

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                                                                                                                                 Mary Ellen O'Farrell, West Virginia Environment Council
                1  document >




                2               All  comments will  be  considered in




                3  development of  the final EIS document.




                4               Copies of the Comment Sutamary Document




                5  will be available upon retjuest  in  association with




                6  the publication of the final EIS document,




                7               Again, 1 would like to emphasize that we




                8  all be courteous  to the speakers.




                9               The  first speaker  tonight is




               10  Mary Ellen O'Farrell.




               11               The  second apeaker will i>e




               12  Chris Hamilton.




               13               If you all would like to come on




               14  forward.




               15               While they are doing  that, I will ask




               IS  that each of the  agency representatives up here at




               17  the table to please introduce themselves.




               18               MR.  COKBR:  1 am Jeff Coker with the




               19  Office of Surface Planning.




               20               MR.  SNOW;  Mitch Snow,  U.S. Fish &




               21  Wildlife Service.




               22               MR.  HOOTER;  1 am RUSE Hunter with the




               23  West Virginia Department of Environmental Protection.




               24               ME,  HOFFM&S;  I am Bill Hoffman, with
                                                                         15




                        1  the Environmental Protection Agency.




                        2              MS. T&QTT;   Catherine Trott,  with the




                        3  Corps of Engineers,




                        4              MR, CHAIRMAN:  Thank you*




                        5              MS. 0'FARRELL:   Good evening,




                        &              My namS is Mary Ellen G'Farrell.




                        7              I have lived almost all  my life here in




                        8  Charleston,  I am a native West Virginia.




                        9     '         This year, I am the President of West




                       10  Virginia Environment Council, and I consider myself




                       11-  an environmental extremist.




                       12              I cannot claim to represent  the points




                       13  of view of  everyone in the Environmental  Council, but




                       14  I think the ideas that 1  will present,  are certainly




                       15  understood  by the ttterfibership of the Environment




                       16  Council.




                       17              I think the  most silent  fact  about




                       18  mountaintop retRoval mining, as it is  practiced in our




                       19  state,  is that in our state alone -~  according to




                       20  current practices -~ over 900 miles of mountain




                       21  streams and waters have been destroyed.




                       22              This is morally indefensible.




                       23              Coal mineis do not have the right to




                       24  squander the fxiture of our children.
                                 5-7-2
MTM/VF Draft PEIS Public Comment Compendium
8-196
Section B - West Virginia Evening Session

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                                                                                                                                         Chris Hamilton, West Virginia Coal Association
                                                                 16




                1              Our children and grandchildren will




                2  depend on fcheee waters for health,  for beauty, for




                3  recreation, arid perhaps for life itself.




                4              in the Middle East, people are murdering




                5  each other over water rights.




                6              In the western states,  in our country,




                7  people are in court over water rights.




                S              This is only going to  get worse.




                9              God has blessed our state richly with




               10  abundant waters.




               11              What will we say to our children when




               12  they ask us why we allowed this squandering to take




               13  place?  We can say,  Honey, I'm sorry, but the Coal




               14  Association said that it just had to be this way.




               15              Or maybe we could answer, Yes,  it is  a




               IS  shame, but iHassey said that it would be so much




               17  harder to do it any other way.




               IS              Mountaintop removal mining, as it is




               19  currently practiced in our state, is obscene.  It  is




               20  a blasphemous sacrilegious offense  against this world




               21  that God has made.




               22              Thank you very much for these five




               23  minutes.




               24              MR.  CHAIRMAN:  Chris Hamilton.
1-9
                                                  17




 1              And then after Mr.  Hamilton,




 2  Scott Gollwitzer.




 3              MR. HAMILTON  Good evening.




 4              I am Chris Hamilton.   Vice President of




 5  the West Virginia Coal Association,




 6              Lifeloag resident of  West Virginia,  and




 7  1 currently lire in  Charleston here.




 8              I speak to you tonight to urge the




 9  adoption and implementation of Alternative 3,  which




10  contemplates & mine  permitting process, which is




11  based on the idea that all proposed mining permits




12  are considered Nationwide Permit 21.




13              Central to this alternative approach,




3.4  the overall permitting responsibility, rests with the




15  state's SfffiCA agency-  This is the best possible




16  strategy, to maximize efficiencies among government




17  sgancies, and within the mine permitting process




18  itself.




19              We maintain that matters iiwolving




20  administrative control, accountability, and




21  consistency, are also optimized through this




22  approach.




23              Furthermore, the alternative benefits,




24  for all parties involved, being government, citizens'
                                                                                                          1-4
                                                                                                          12-1-2
MTM/VF Draft PEIS Public Comment Compendium
                    B-197
                             Section B - West Virginia Evening Session

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                                                                  IS
                1  groups,  coal  miners, alike, here in Meat Virginia,




                2               Before proceeding further with my




                3  specific remarks,  1 would like to first of  all




                4  compliment all  four Federal agencies,  and the State




                5  agency,  for a job  well don«.




                S               In large measure, due to your  diligence




                7  and professional approach with this comprehensive




                8  study,  we now hare a document before us that provides




                9  the needed scientific evidence, and regulatory




               10  juetiJ:ication to assure that West Virginia's coal




               11  industry,  will  remain a viable part of the  country,




               12  and the world's energy mix.




               13               The EIS, as drafted, will also assure




               14  that thousands  of  West Virginia coal miners are




               15  earning a. living here, put their children through




               16  school,  food  on the table, and continue to  work  and




               17  live in our mountain state.




               18               Xncidently, they also hunt,  and fish,




               1§  and enjoy all of the recreational benefits  that  we




               2 0  have.




               21               w« support the draft EIS,  We  believe it




               22  embraces current regulatory, and compliance




               2 3  programming.




               24               It clearly upholds existing extraction
                         1  technologies,  and recognises that they're minimal and




                         2  temporary impacts can be adequately addressed.




                         3               Finally, it recognizes that you can




                         4  develop your  energy-rich resources and tourism




                         5  industries, .while maintaining a high lev&l of




                         S  environmental  laws.




                         7              Under the third alternative, which we




                         8  advocate,  the  program aad agency best qualified and




                         &  situated to review and issue mining permits, would




                        10  finally be empowered to do so.




                        11               The State's SMRCA authority, has the




                        12  expertise to  train personnel, and most importantly,




                        13  the practical, on~the~ground knowledge of mining in




                        14  Meat Virginia, that qualify them as the most logical




                        15  agency to lead the permitting process.




                        16              Under Alternative 3, these attribute®




                        17  are finally quantified by Pedera.1 agencies, realizing




                        18  that West Virginians are best suited to make




                        19  decisions that affect the future environmental state,




                        20  as well as the state of the local statewide economies




                        21  here in West  Virginia.




                        22               IK fact, the only real difference that




                        23  we ascertained between Alternative 2, which tends




                        24  to ~~ at least it appears for them to say ~- be the
                                  1-4
MTM/VF Draft PE1S Public Comment Compendium
B-198
Section B - West Virginia Evening Session

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                                                                                                                                                                Scott Gollwitzer, private citizen
                                                                 20




                1  government's preferred outcofifre ~- and Alternative 3,




                2  which the coal industry  is advocating,  is the




                3  consolidation of permitting authority under the




                4  State's SMRCA agency.




                5              All of the  environmental process




                6  benefits, such as fill minimi a at ion,  the development




                7  of reforestation guidelines, enhanced flooding




                8  evaluation procedures, will continue, if Alternative




                9  3, is implemented,




               10              if one considers the technical




               11  complexity of this  SMRCA permit application, and




               12  regulatory review in conjunction with the findings of




               13  the EIS, implementation  of Alternative 3,  is clearly




               14  the logical conclusion,




               15              The SMRCA process in and of itself, is




               IS  one of the most detailed and complex environmental




               17  regulatory reviews  in existence.




               18              the State of West Virginia has added




               19  details and complex rules to its mine regulatory




               20  program, that clearly exceeds corresponding mining




               21  Federal regulations,  or  any other approved program




               22  found in any other  place, or any other jurisdiction.




               23              More detailed data collection and




               24  analysis is required of  the mine applicant of West
1-4
                                                  21




 1  Virginia.




 2              Clearly, we have the most complex




 3  determination process that exista anywhere  in the




 4  nation.




 S              We have equally demanding requirements




 €  with respect to flood control, post-mine land use,









 &  and many other areas and aspects of State law that




 9  are too ntuJterous to rasntioii.




10              Th® state-issued SM8CA permit,




11  especially as administered in west Virginia, is so




12  detailed and full of environmental analysis, that it




13  clearly is the equivalent of -an individual  Section




14  404 permit.




15              In closing, I «ould just like  to say --




IS              &I3DIBBCE MEMBER:  Your time is up.




17              MS. HAMILTON:  ChOQae the third




18  alt ernat ive.




19              Thanh you.




20              MR. CHAX&MAH;  Mr. Scott Gollwitzer,




21              The next speaker will be Larry Emerson,




22              Larry Emerson.




23              MR. GOLLWITZER:  Can you hear  me?




24              It is a rhetorical question actually
12-1-1
MTM/VF Draft PEtS Public Comment Compendium
                     B-199
                             Section B - West Virginia Evening Session

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                                                                  22
                1  because you  never listen.




                2               My name is Scott Gollwitzer.




                3               Where I am from is irrelevant.   I am a




                4  eitisen of this country, and this is a public




                5  meeting,  and I am going to speak.




                6               Looking at you, it is great  to  see five




                7  agencies,  four Federal and one State agency,




                8               Y.OU are not separate, though, you are




                9  the aaiae.  We have a term for that that is building




               10  in the environmental community, it is called the




               11  a!RRisnd.us try.




               12               Thi0 refers to the inexplicable ties




               13  between the  Bush Administration and his campaign




               14  contributors.




               15               I just wanted to thank you,  and bring




               16  that to your attention.




               17               1 am not here tonight to critique the




               IB  EIS.  It is  not my function here tonight.  Nor am I




               19  here to discuss the various human rights  violations




               20  and devastating environmental impacts of  mountaintop




               21  removal,




               22               ip-ffiople who are going to speak after me,




               23  will share those thoughts with you and I  ask you to




               24  listen to them.
                         1              Toni0ht I ai» here to remind you each on




                         2  the panel of what, your responsibilities are.



                         3              To do this,  let me begin by reminding




                         4  you of  what your responsibilities are not.



                         5              You are not here to do the bidding of



                         6  the amtmmdustries, nor are you Mest Virginia's



                         7  Economic Development Commission.




                         8              We heard lots of talk this afternoon



                         9  about the economic impacts of your polices; that is




                        10  not your function.



                        11              It is not to dismiss,  on my part, the




                        12  economic problei&s in West Virginia. I am not here to



                        13  do that, I feel for the gentleman who spoke earlier




                        14  about EPA putting him out of work several times,



                        15              I would have to say that because of my



                        IS  employment -- and that is as an attorney for an



                        17  environment group -- the SPA is keeping me employed




                        18  toy the  same token.



                        19              I wieh they would stop.



                        20              So back to reminding you of what you are




                        21  supposed to be doing,



                        22              You are each charged under very unique



                        23  environmental laws with protecting human health, and




                        24  the environment, period.
MTM/VF Draft PEIS Public Comment Compendium
B-200
Section B - West Virginia Evening Session

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Larry Emerson, Arch Coal, Inc.
                1              That is what you  are charged to do.




                2              AS you listen to  these folks articulate




                3  their stories of devastation and human rights




                4  violations, arid injustices,  I  ask. each of you to




                5  reassess your current role in  keeping these




                6  injustices upon these people,  and destroying the




                7  environment upon which they depend, and the




                8  environment in which they live.




                9              Please do all that you can tonight,  and




               10  in the future to end this sec-terrorist act.




               11              Thank you,




               12              MR. CHAIRMAH:   Larry Emerson.




               13              E-M-B-R-S-0-N.




               14              MR. EMBRSOH;  That would be ma.




               13              MR. CHAIRMANt   The next speaker will be




               16  Bill,  I am going to spell it,  G-G-S-Z.




               17              MR. BMERSOSF:  Thank you.




               18              My name is Larry  Emerson,




               19              1 live in the Charleston area.




               20              I am the Director of Environmental




               21  Performance for Arch Coal,  Inc., the second largest




               22  producer of steam coal in the  country.




               23              I hare worked in  the coal mining




               24  industry for nearly 25 years,  most of that time has
                         1  been working directly on reclamation reforestation




                         2  and habitat restoration projects,  primarily in the




                         3  southern part of  the state.




                         4               I would like to make four  specific




                         5  points related to the terrestrial components of the




                         6  BIS.




                         7               The  EIS correctly points out what we, in




                         8  the regulated community, have understood for several




                         9  years, and that i& that the existing SMSCA




                        10  revegetation rule, were developed primarily to




                        11  control erosion,  and less so for successful tree




                        12  growth,




                        13               The  emphasis on erosion control is now




                        14  changing and new  methods are being developed to meet




                        IS  the challenge of  soil compaction,  and composition,




                        16  competition with  nervacious cover,  and  other issues,




                        17  that directly influenced successful tree growth.




                        18               The  coal industry is committed t-c




                        19  effective and practical methods of intpro'sriiKj




                        20  reforestation success.




                        21               As evidenced by many privately funded




                        22  research and demonstration projects currently




                        23  -underway,




                        24               For  exatttple, the National  Mine Land
                                 7-5-2
MTM/VF Draft PEIS Public Comment Compendium
B-201
Section B - West Virginia Evening Session

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                                                                  26




                1  Reclamation  Center in Morgantovm,  in cooperation with.




                2  Cantennary Coal, and Arch Coal,  is currently




                3  conducting field demonstrations to develop




                4  cost-effect; ive methods of utilizing various soil




                5  horizons,  and native-tree species,  to establish




                6  productive forests on reclaimed, sites.




                7              However, the agencies/  and the public,




                8  must understand that there are some landowners who




                9  wish to have other land uses for their property after




               10  the mining is complete.




               11              Landowners wishes must be given some




               12  difference.




               13              To the extent that landowners desire




               14  forest land  on the reclaimed property,  the industry




               15  stands ready to help develop the rules and




               16  techniques,  that wi11 achieve that ofojective,




               17              Point two;  One of th« studias in the




               18  BIS exatnine  tree succession on reclaimed sites, by




               3.9  counting the number of ste-me within measured sections




               20  of reclaimed sites,




               21              the reetulte of the study concluded that




               22  tree succession was limited to areas immediately




               23  adjacent to  undisturbed woodlands.   However, there is




               24  a significant short-coming in the study design as
7-5-2
                                                   27




 l  indicated in Appendix E,  and I quote:




 2              "The mine area studied was not designed,




 3  engineered, reclaimed, or revegetated with the




 4  post-mining' land use of forestry, commercial or




 S  otherwise.M




 6              Therefore, the conclusions drawn from




 7  this  study might be tempered with the fact of sites




 8  examined were never intended to be forest land.




 9              So ray question IB whether this really is




10  an objective study design,




11              Point number three;  In September 199S,




12  the U.S. Fish and Wildlife Service concluded formal




13  consultation with GSM, pursuant to Section 7 of the




14  Endangered Species Act, of  aiountaintop mining




15  operations in the studied area.




16              This programmatic consultation led to




17  the issuance by the Fish and Wildlife Service of a




18  biological opinion and conference report, that found




19  surface coal mining and reclamation operations,




20  inducted in accordance with properly implemented




21  State and Federal regulatory programs tinder SMRCA,




22  would not likely jeopardize the continued existence




23  of the listed, or proposed species, or result in the




24  adverse modification of designated, or proposed
                                                                                                             7-5-2
                                                                                                             8-1-2
MTM/VF Draft PEIS Public Comment Compendium
                      B-202
                              Section B - West Virginia Evening Session

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                                                                                                                                                                               Bill Gorz, Earth First
                                                                 2g




                1  critical habitat.




                "2              We understand that the EPA is currently




                3  in the process of writing a biological assessment,




                4  relative to the preferred alternative in the SIS.




                5              The industry encourages the EPA to




                6  develop this biological assessment consistent with




                7  the Service's opinion,  and allow public conraent on




                8  this document before implementing it in their




                9  enter-agency coordination efforts.




               1Q              Point four;   Ron Canterbury,  a scientist




               11  at the Southern West Virginia Sird Research




               12  Institute, has done significant long-term research on




               13  migratory nee-tropical  birds in the studied area/




               14  particularly in the southern West Virginia coal




               15  fields.




               16   -           in fact,  $4  million in experts,  hare




               17  indicated that his research represents the most




               18  comprehensive information of this geographic area.




               19              Dr, Canterbury's work has shown no




               20  worthy increas-es in some,  or more, species, in and




               21  around older mine sites.   In part, because of the




               22  early successions! nature of vegetation.




               23              In short,  the panel should take a broad




               24  view of the migratory bird issues and consider that
8-1-2
3-6
7-3-2
 1  reclaimed sites play an  important role in «ome




 2  species,




 3              In summary, the industry supports




 4  Alternative 3,  and I thank you.




 5              ME. CHAIftH&H;  First off, I want to




 6  apologize beforehand before •! butcher too many




 7  people's names.  1 will  do the best X can on them.




 8              Bill Gora?




 9              MR. GORE;   Gorz,




10              MR. CHAIRMAN:  Okay, thank you.




11              Then the next speaker will be




12  Nick Carter, or Carver?




13              MR, OO&iS;   Good aftextKjoti.




14              My name is  Bill Gora.




15              I  am from Asheville, Horth Carolina,




16  western Horth Carolina.




17              The reason  that I am here today so far




18  away from my horn©, is that this is not a local




19  issue.




20              The fact is, mount a in top rstnoval is not




21  limited to We&t Virginia, and it is spreading all




22  over the southern appalachians, particularly into




23  Kentucky, and Tennessee.




24              Where it affects people that live in my
11-4
MTM/VF Draft PEIS Public Comment Compendium
                     B-203
                             Section B - West Virginia Evening Session

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                                                                                                                                                                               31
                1  area.




                2               Pollutions from the Tennessee Valley




                3  Authority of East  Tennessee Coal Plan,  is killing fche




                4  SmQ-key Mountain National Park.




                5               The American Lung Association has




                6  determined that over 6,000 people a year,  died  from




                7  pollution-related  respiratory disorders in western




                8  Berth Carolina alone.




                9               I am  very sure that sort of specific is




               10  not limited to tiie western North Carolina area.




               13.               A large portion of those 5,000 deaths




               12  can be directly attributed to obsolete coal plants.




               13               Recently, the Tennessee Valley Authority




               14  announced that because of their new anti-pollution




               15  technology,  which  they had to put in because the EPA




               16  sued them,  and they were facing large fines,  more




               17  than any of  you here make every year,  every day,




               IS  because of the pollution,




               19               They  put in aew anti-pollution




               20  technology,  we all thought that was going to be




               21  great, but then they decided that they could use




               22  cheap high-sulphur coal from the Cumberland Plateau




               23  and that wouldn't  overcome the pollution limits.




               24               So instead of lowering pollution,  and
                         1  lowering those  6,000 deaths a year,  they  are opting




                         2  instead to increase their profits.




                         3               We have to wonder why  Federal  agencies




                         4  would foe interested in their profits.   They are riot




                         S  in the profit-making industry.




                         6               Certainly, the coal industry is all




                         7  about profits.




                         8               They know about the American Lung




                         9  Association's statistics.  They don!t  care  about




                        10  people,  they just care about profits.




                        11               Again, the reason why  I am here, and




                        12  what this has to do right here and  now, is  that if we




                        13  allow this project to go forward,  it will just




                        14  encourage the industry to expand to other areas.




                        15               I  was rather surpri&ed ~~  I  guess I




                        16  shouldn't have  been surprised -- that  on  the SIS




                        17  there was no option for no raountaintop removal, which




                        18  there should be, in uny opinion,




                        19               There has been lots o£ talk  about jobs,




                        20  with little thought, or no thought  given  to what the




                        21  social coats of what those job® are,




                        22               Pifitps ancl crack dealers provide jobs




                        23  too, but we generally oppose those  jobs because of




                        24  the social costs.
                                  1-8
MTM/VF Draft PEIS Public Comment Compendium
B-204
Section B - West Virginia Evening Session

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Nick Carter, Natural Resource Partners &
National Council of Coal  Resource
                                                                32

                1              list's think about  the social costs of

                2  the  jobs that are provided.

                3              thank you.

                4              MR, CHAIRMAN:  Nick Carter.

                5              The next speaker will be John Snider.

                6              MR. CARTER:  My najfie Is Hick Carter.

                7              I affl president  and chiaf operating

                S  officer of Natural Resource  Partners.

                9              I live and work in the Huntinertoa,

               10  Tri~State area.  Ke are a publically mastered limited

               11  corporation that awns and manages coal and tinker

               12  products,

               13              I also serve as the president of the

               14  National Council of Coal Resource, which is a trade

               15  association for companies like  mine.

               IS              The EIS seems to assume, without

               17  detailed analysis, that coul cotnpanies that permit

               18  and  mine coal hare the ability  to control and utilize

               19  the  properties after mining  is  completed.

               20              This assumption is incorrect.

               21              In only a small percentage of cases do

               22  coal companies that minft the minerals own the land

               23  that it mines.

               24              In nearly all cases, the coal company
19-3-2
                                                 33

 1  leases the mineral from a company like ours, or from

 2  a family, or from heirs to the property.

 3              These leases give the mining eatiipany the

 4  right, to occupy the land for the purpose of  the

 5  lease, which is the extraction of the mine.

 6              Many of these leases expire

 7  automatically when the mineral has been mined.

 ?•              An additional problem* what does not

 9  seem to have been considered by the SIS,  is  that most

10  of the land where the mineral is being mined, is not

11  controlled by only one owner.

12              For example, in many -- maybe most

13  cases, the owner of the mineral doss not own the

14  surface, may not own the oil and gas, and even if it

15  owned the surface, may not own the timber, or the

16  trees that are growing on the property.

17              Most mines today are not on. a single

18  property owner,  and the company has leases from

19  various owners.  They may have as many as 30 to 50

20  leases to make up one mining block.

21              Additionally, the mining company must

22  reach agreement under the law, with all of the

23  surface o-wners above the mineral that they mine*

24  This may be many different --- many more different
                                                                                                         19-3-2
MTM/VF Draft PEIS Public Comment Compendium
                    B-205
                            Section B - West Virginia Evening Session

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                2              The actual mineral owners consist of




                3  corporations, partnerships and individuals who have




                4  amassed their mineral holdings of areaa over a long




                5  period of time, some dating hack to the 19th century.




                6              If the type of land-use planning and




                7  post-mining land use, that the BIS recommends is to




                8  be  accomplished, then it will  require the




                9  participation of the mineral owners, and most




               10  importantly, the surface owners, in addition to the




               11  coal  coispany.




               12              The problem with  the post-mining land




               13  use planning that most people  want, is that it




               14  requires the landowner to be able to project,




               15  sometinies two or more decades  into the future what




               16  the market potential will be for a particular




               17  property.




               18              Because we do not have a crystal ball,




               19  these predictions are inherently risky and difficult.




               20              In fact, they are so risky, that one




               21  wuld question the business judgment of someone who




               22  spent huge sums of money necessary to develop a piece




               23  of  property today, for a use many years in the




               24  future, not knowing whether the demand will be there
1-6
 1  for that use.




 2              Coal companies engaged in surface mining




 3  can, with the consent of  the surface owner,  do a




 4  variety of things on the  surface in the course of




 5  mining -




 §              If a particular parcel is located on  a




 7  major highway,  or near a  large population center,




 8  then the chances are high that there will be a




 9  significant potential for commercial development.




10              This suggests that the land should be




11  mined with a variance to  ALC.




12              In addition,  if major infrastructure  in




13  the form of electric utilities, substations, power




14  lines, roads, and septic  systems are located on the




15  land to support the mining, we should think carefully




IS  why this infrastructure should be retaored,  as the  l&w




17  requires, in the course of reclamation.




18              On the other hand, if the mine site is
                                             19
                                             20  makes more  sense to adopt a reclamation plan that




                                             21  minimises future erosions,  reduces the potential for




                                             22  downstream  flooding, and creates  a diverse habitat




                                             23  for animals and plants.




                                             24              In conclusion,  it  in unwise, both
10-3-2
                                                               19-3-5
MTM/VF Draft PEIS Public Comment Compendium
                     B-206
                             Section B - West Virginia Evening Session

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John R. Snider, Arch Coal, Inc.
                1  economically and environmentally, to insist on a




                2  one-siM-fits-all approach to post-miaing land use,




                3              We should observe  three principals,




                4  respecting the preferences of the owners of the




                5  surface in selecting post-mining uses, incorporating




                6  into the permitting process,  a  flexibility to modify




                7  post-mining land uses after mining has commenced,  and




                8  relying on the marketplace to guide these decisions




                9  as opposed to a bureaucracy that has never built a




               10  development, or created a job.




               11              MR. CHAIRMAN; Sir, your time is up.




               12              MR. CARTER:   Thank you,




               13              MR. CHAIRMAN: John Snider.




               14              Again, the next  speaker will be Kent




               15  DesRosher.




               16              MR. SNIDER:   Good  evening.




               17              My name is John  R. Snider.




               18              For the past two years, 1 have been




               19  employed as the Vice President  of External Affairs,




               20  Eastern Operations, Arch Coal.




               21              Prior to that, I had worked for four




               22  years in the West Virginia Development Office,  the




               23  last two serving as Bxecutive Director.




               24              I have over 25 years of experience in
1-6
                                                  37




 1  the field of economic development in the  state of




 2  West Virginia,  and northern and c&atral appalaehian




 3  coal fields.




 4              During my time with the Development




 5  Office, I assisted with developing the rules for the




 6  West Virginia Coal Field Development Office, and




 7  assisted in funding of several post-mine  land-use




 8  projects.




 9              I am a certified economic developer.




10  Today  I am speaking on behalf of the Coal




11  Association.




12              1 would like to discuss for  a  few




13  minutes the Gannett Flemming document "Final Case




14  Studies Report on Demographic Changes Related to




15  Mountaintop Mining Operation," long name* hut short




16  topic  once you get to it.




17              It offers sottte interesting conclusions




IS  which  relate to a lot of economies in transition,




19              It is a report that really could have




20  been taken and located anyplace in the United States




21  during the same time frame*.




22              West Virginia, as a whole, like many




23  other  areas of the country, has been going  through




24  transition.  That transition has expired  in many ways
                                                                                                           10-1-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-207
                             Section B - West Virginia Evening Session

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                                                                  38




                1  over that  time frame, in showing us changing from




                2  .heavy manufacturing and mining,  to service jobs, a




                3  reduction  in  job pay, reduction in employment,  a




                4  reduction  in  population.




                5               Gannett Fleming made several assumptions




                6  based upon census tracks,  not necessarily on. areas of




                7  employment, or other items.  Long gone are the days




                8  where the  miner worked in the same town, or census




                9  track,  where  the mine is.




               10               Miners travel, miners are paid very well




               11  today.




               12               Stop and think:  Do you  live and work in




               13  the same census track,  or the same area?




               14               Gannett Flearning's report was basically




               15  on 50 and  10Q houses in one census track, not a very




               IS  large community.




               17               No matter how you look at it, it is not




               18  a $cod example of what should foe talked about.   This




               19  study only includes the economic impact of that small




               20  area.  Whether it be the mine itself, or what happens




               21  post mining.




               22               Several other issues must be looked at




               23  in a different light when you review  this report, and




               24  what is happening in today's time frame.
10-1-2
                                                   39




 1              One;  The population of West Virginia is



 2  declining.  It also is declining in the six



 3  communities, or six census tracks shown in the



 4  report; no surprise.




 S              Two:  The United  States population has



 6  for several years been changing from an



 7  industrial-based economy,  to a service-oriented



 8  economy, no- real surprise  to anyone that understands



 9  the economy of West Virginia,



10              During the time of this work, we saw



11  many of our high-paying industrial jobs go offshore.



12              We have seen,  and continued to see,  a








14  Tygart River Valley.



15              As we discuss coal production today,  we




16  are seeing that shift go offshore.  We are receiving



17  more coal every day from foreign sources, very



18  similar to what is happeninc; in oil,



19              Threes  As our country changes frees



20  industrial service, we are seeing many of our fine



21  etiijDloyees being left behind.



22              &est Virginia ha0 traditionally been a



23  heavy industrial state, which  included at its heart,




24  the production of glass, steel, chemicals, timbering
10-1-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-208
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                               Kent DesRocher, private citizen
                1   and mining.




                2               West  Virginia has been impacted




                3   negatively more than any other area ia the country,




                4   because of its lack of diversity of its economy.




                S               Many  of our industries and mines have




                6   closed over the past few years.




                7               For the average, West Virginians have




                8   aejed these past few years.  We are the oldest group




                9   of people in the United States,- we are the oldest




               10   state.




               11               Consequently, our school-age population




               12   has fallen.




               13               Very  few areas in West Virginia are




               14   gaining population, and the 14 counties in this area




               15   are no different.




               16               Did Gannett Fleming tell us anything




               17   when he wrote this report, or did he take it off the




               18   shelf?  I think he took it off the shelf.




               19               Overall, Gannett Fleming did a fair job




               20   describing what was transpiring in those six




               21   counties, as well  as across West Virginia, but this




               22   is something that  could have been done anyplace.




               23               What  we really need is the capability to




               24   transform flat properties into future diversified
11-2-2
10-1-2
                                                  41




 1  economy for southern W-est Virginia.




 2              We have to be able to have legitimate




 3  post-mine land-use properties available.  This report




 4  has to allow that, and we believe that Alternative 3




 5  will allow that to happen.




 6              Thank you, very rauch.




 7              Ml.  CHAIRMAN:  Kent ttesSocher,




 8              The next speaker is Randall Haggard.




 9              MR.  DesRGSHBR:  My name  is Kent




10  DesRocher, mine President and General Manager of Arch




13.  of West Virginia, located near Yolyn, West Virginia.




12              I worked in the mining industry for IS




1.3  years, and then in the southern Appalachian area for




14  approximately 3.0 y&ar&.  I reside in  Cha.pmanv-l.lle.




15              I would like to make some reraarks




IS  regarding post-mine land uss.




17              Over the past several years, coal




18  companies have begun to help diversify the economy of




19  the 14 coal-field counties.




20              Through the development  of post-Mine




21  land sites, including such diverse projects as




22  industrial parks, golf courses, racetracks,




23  recreational areas, cofRfttercial fish facilities,




24  housing and public facilities, additional jobs are
1-4
                                                                                                           10-3-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-209
                             Section B - West Virginia Evening Session

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                                                                                                                                                                              43
                1  being  provided for our neighbors  until then.




                2              Kith the assistance  of the West Virginia




                3  Coal Field Development Office,  we are now even more




                4  capable  to plan for the diversification of the




                5  economy  in the coal fields.




                6              All 14 counties have suffered in the




                7  lack of  transportation and developable acres for many




                8  years.




                9              The transportation routes are all




               10  improving with the upgrading of US-119 and Interstate




               11  77,  coupled with Interstate 64  and 79,




               12              Through the development of the King Coal




               13  Highway, and the Coal Field Expressway, will further




               14  increase development opportunities.




               15              The tHountainous terrain in 14 counties




               IS  is also  slowed growth in the area.  Industrial,




               1?  commercial, and housing sites have been at a premium,




               18              The development of flats, and gently




               19  rolling  sites, will assist in the growth and




               20  stability of the area.




               21              Charles Yule, of West Virginia




               22  University, lists six provisions  for new land uses,




               23  and land-use opportunities.




               24              Mr. Yule indicates that most potential
10-3-2
 1  future mountaintop mining  areas will be reclaimed to




 2  various forest covering.




 3              The current rales relating to commercial




 4  forestry, must be reviewed to allow for a highest




 5  fuel  assessment.




 6              The rules roust also b6 reviewed with




 7  respect to coispactiotx, competition, and composition




 8  of  soils.




 9              Recent studies would indicate that the




10  best  method has not yet been proposed to provide the




11  best  opportunities for commercial forrestries.




12              Much discussing has occurred over the




13  past  several years, regarding jaost-mine management




14  for agriculture,  such as vineyards, animal




15  production,, greenhouse farming and agriculture.




16              ffest of the sites where agriculture has




17  been  proposed, has not occupied the entire site, and




18  approval of multiple uses  will be required,




19              For example,  let's say that the primary




20  post-mine land is used as  a vineyard, which would




21  occupy 50 percent.of the property.




22              But since this is an agricultural




23  project, this is a higher  and better use, the




24  remaining portion of the property, must be allowed to
                                                                                                            19-2-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-210
                             Section B - West Virginia Evening Session

-------
                                                                  44




                1.  foe developed  into support areas,  pasture land, or




                2  habitat,  which would not ec*«ipete with the primary




                3  higher use.




                4               The study projects a significant acreage




                5  of land suitable for developing post-mining land




                6  uses,  will  result from future mining under all of the




                7  mining scenarios.




                8               The only way that the 14 counties can




                S  significantly change the economy of the area, is the




               10  development of large sites capable of supporting




               11  multiple uses.




               12               Mine scenarios that produced many acres




               13  of flat to  gently rolling land areas,  can provide the




               14  opportunity to diversify and improve the ecorsotny of




               15  southern Meat Virginia.




               16               Mr. Yule is correct when he states that




               1?  development limitations, auch as poor accessibility




               18  and infrastructure proximates will continue in nearly




               19  all of these  araas.




               20               These issues will require the




               21  development agencies and the environmental agencies




               22  to think out  of the box.




               23               Such issues of the use of mitigation




               24  famous for  water and sewer projects,  should be
10-3-2
                                                   45




 1  considered if there is a desire by the involved




 2  parties  to redevelop and diversify the area,




 3              Smaller sites,  less  than 50 acres, will




 4  do little to diversify the economy of the 14




 5  counties.




 6              The environmental regulatory agencies,




 7  must  work closely with planning and development




 §  agencies, when considering post-ttiine land use.




 9              Here again, in order to allow for




10  diversity and s t abi 1 iKsst ion of the economy,




11  regulatory agencies must think outside the box,




12              Higher and better use, must foe site




13  specific, based on many items normally associated in




14  the planning documents.




IS              If you want 14 counties discussed in the




16  study to diversify their economy, they must be




17  allowed  to create land suitable for development.




18              The site must be of  sufficient size, to




19  make  it  worthwhile to provide the necessary




2G  infrastructure recjuired for clevelopment -




21              With the event of a  responsible




22  Environmental Impact Statement, and a desire by the




23  Federal  and State regulatory agencies, to provide for




24  affordable energy, while providing sites for future
                                                                                                            10-3-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-211
                             Section B - West Virginia Evening Session

-------
Randall Maggard, Argus Energy
                                                                 46




                1  economic transformation in the 14 counties, we can




                2  provide a positIT« outcome to the citizens of West




                3  Virginia.




                4              In summary,  large-scale surface mining




                5  can help support the development of infrastructure ~-




                6              AUDIHMCE MEMBER:  Time,




                7              MR. DesRQCHER;  -- access,  and sites




                8  necessary for future development to allow for




                9  diversification of the econoniy here in Heat




               10  Virginia.




               11              Thank you.




               12              MR. CHAIRMAN:  Randall Maggard.




               13              Then the next speaker then will be




               14  Michael Morrison.




               15              1 can keep time, thank you.




               16              AUDIENCE MEMBER:  How about hearing from




               17  some citizens?




               18              MR. CHAIRMAN;  Go ahead,  sir.




               19-              MR- MAGGARD:  Hello.  My name is Randall




               20  Haggard, from Bunlow, $est Virginia,




               21              1 am ths manager of Environmental




               22  Compliance for Argus Energy, a mining company located




               23  in southern Wayne County, $est "Virginia.




               24              Me have operated on a reserve base of
10-3-2
                                                  47




 3.  approximately SO, 000 acres, or about  IGQ-square miles




 2  since 1987.




 3              We have disturbed only approximately




 4  3,000 acres, a mere five percent of our cosnplwc.  But




 5  since that time,  we have mined over a billion dollars




 6  worth of coal, and provided good-paying jobs for over




 7  250 miners and contractors,




 8              Sow our jobs are at risk.




 9              The permit ting tjtiacjnvire  creafcsd by




10  frivolous lawsuits, and court judgments have created




11  indefinite delays, and such unpredictability to




12  sustain a viable mining operation.




13              We cannot get permits  issued.




14              When the HIS v;&8 first considered, I




15  think the regulatory agencies first thought it woxtld




16  be simple.  The streams below valley  fills and our




17  mining operations would totally foe  void of aquatic




18  life, but that x^aen't fche case.




19              In a nutshell, the most  significant




20  findings in the EIS were that there is less mayflies,




21  and a detectible amount of selenium downstream of a




22  mining operation.




23              They blame this on mining, but these




24  same effects have been found downstream time and time
                                                                                                          5-5-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-212
                             Section B - West Virginia Evening Session

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                                                                                                                                                         Michael A. Morrison,, private citizen
                1  again, below any man-made development,  whether it be




                2  road construction,  housing, commercial  areas, and in




                3  particular, cities  and urban areas.




                4              Just a moment to put selenium  issue in




                5  perspective, I have in my pocket here,  a bottle of




                6  selenium that I purchased at Rite Aid drugstore that




                ?  is recommended as a nutritional supplement.




                8              The detectible amount of selenium in




                9  water is .001 parts per million.  Each  of these




               10  tablets contain .200 parts per million  of selenium,




               11  over 200 times the  detectible limit.  The limits that




               12  are discussed in the SIS.




               13              The average value of selenium  detected




               14  would require a person to drink about five  gallons of




               15  water directly below a valley fill to get the same




               16  concentration found in this single tablet that is




               17  recoinmended for nutritional value.




               18              I am confused,




               19              But in closing, I would like to note




               20  something that is not said in the EJS.  The air in




               21  v?est Virginia is cleaner than it has ever been in the




               22  last 50 years,  The water is cleaner than it has been




               23  in the last 50 years, and yes, we even  Jiave snore




               24  forested acres than we did SO years ago.
5-5-2
                                                  49




 1              So,  please, 1st us mine coal and adopt




 2  Alternative Bumber 3.




 3              MR.  CHAIEMAH:  Mr. Morrison, and then




 4  the next speaker will be Larry Emerson,




 5              MR.  MORIttSOK:  My name is




 6  Michael A, Morrison.




 7              I am from Barboursville, West Virginia.




 8              1 have been a native of West Virginia




 9  all my life.  I love this state.  And I have lived




10  here and care about my environment -




11              What I am seeing is devastation.




12              I am really sick of it. It turns ray




13  stotsach, but I am going to offer solution here.  It




14  is called tourism.  If you all know what that means.




15              If our streams were cleaned up, we can




16  have canoe rentals, canoeing, hiking, mountain




17  biking, we have the Appalachian Trails right now,




18  which is going to draw and invite tourism.  And that




19  is a ejood example.




20              He can do more here, if our etreanns were




21  cleaned up.  We have got nice streams in this state.




22  We are a unique state with streams.




23              I am telling you, you all just don't




24  care.  You all don't care.
                                                                                                           1-4
                                                                                                           11-7-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-213
                             Section B - West Virginia Evening Session

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                                                                                                                                                                      Julia Bonds, private citizen
                                                                 so




                1              You care  as much about it  as George




                2  Bush, that King George, that Son of a Bueh.




                3              Thank you.




                4              MR. CHAIRMAN:  Our next speaker will be




                5  Julia Bonds, Julia Sands?




                6              Then the  speaker after that will be




                7  Lawrence, B-S-C~K~E-R-L-E, maybe?




                8              MR. GIBSON:  What happened to I*arry




                9  Gibson, Buddy?




               XO              AUDIENCE  MEM8BR:  Yeah, I  thought Larry




               11  was next.




               12              MR, GIBSON:  Yeah, what happened to




               13  him?




               14              MS. CHAIRMAN;  I am going  through the




               15  cards in order by the  nutnfc&rs that were given to me.




               16              MR. GIBSON;  Khat?




               17              MR. CHAIRMAN:  I will be going through




               18  the cards, as I said earlier, in order  as the numbers




               19  that were given to me.  They are numbered and given




               20  to me as those people  signed in.  That  was the




               21  numbers we are going through,




               22              MR. GIBSON;  I was the first one that




               23  signed in.




               24              MR. CHAIEM&N:  I will check on it for
                                                                          51




                         1  you.




                         2               MS.  BONDS;  My name is Julia Bonds.  I




                         3  live in the Coal  River Valley in southern West




                         4  Virginia.




                         5               My family and I have been here many,




                         6  many, years,  and  many, many, generations.




                         7               I  am the sister,  daughter,




                         8  granddaughter,  and great granddaughter of coal




                         9  miners,




                        10               My home is in the heart of your study




                        11  araa, and in the  belly of the beast,




                        12               The  beast; is the greedy, irresponsible




                        13  coal barrens, and for urn, regulatory agencies and




                        14  politicians,  that serve as the meals of this beast.




                        15               I  consider the draft E1S, the blueprint




                        16  for continued assault upon the people of Appalachia.




                        17  A declaration of  war upon children, their children,




                        18  and Cod's creation.




                        19               Ban  mountain-top removal now.




                        20               This EIS encourages the coal industry to




                        21  continue to use Appalachia, and her children, as a




                        22  national sacrifice zone.




                        23               This KIS did not study the cumulative




                        24  effects of communities in the coal fields' health and
                                 1-9
                                 9-4-2
MTM/VF Draft PEIS Public Comment Compendium
B-214
Section B - West Virginia Evening Session

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                                                                  52




                1  socio-economic impacts of post, present, and future




                2  valley-fill mining.




                3              How did you study environmental justice




                4  impacts?




                5              The truth is,  you didn't.




                S              You tserely dismissed the cultural




                7  communities, the people, and the property being




                8  destroys-d by this mining method.




                9              You just dismissed it.




               10              I demand a revised Environmental Impact




               11  Statement, that "includes cumulative impacts;




               12  cultural, social, emotional,  spiritual, and health




               13  problems of the communities of people affected by




               14  raountaiatop removal.




               15              A total cultural study already exists,




               16  This study by our Dr. Mary Hufford is available at




               1?  the Library of Congress.




               18              Dr. Hufford, Doctor of Nephography,  is




               19  doing research at the University of Pennsylvania.




               20  Our mountain culture has been here long before white




               21  settlers came, and long before commercial coal mining




               22  began.  And our culture will be here long after the




               23  coal is gone,




               24              We believe that many people in
9-4-2
10-7-2
9-4-2
10-2-2
                                                   53




 1  mountaxntGp removal effect people who suffer from




 2  Posttraumatic Stress Disorder, from blasting,  and




 3  flooding, and the ill effects of mountaintop mining.




 4              HOW dare you dismiss the suffering  of




 5  low income and the minority people of Appalachia.




 6              How dare you dismiss and defy the




 7  Executive Order dealing with the environmental




 8  injustices on the low income and minority people.




 9              How dare you do that,




10              Your own study says that this area  is




11  well  above the average in poverty,  and unemployment.




12              Where is the study on the socio-economic




13  problems of this area?




14              Why are the paople in the coal-rich




15  counties the poorest people?




16              What are the actual costs to the




17  communities and the people that suffer the effects of




18  TtKmnt-aintop removal?




19              This mining method affects the very




20  poor,  and the powerless, and the oppressed people of




21  central Appalachia.




22              Economic development on these artifical




23  sites is nonexistent.




24              Only 94 percent of these destroyed
                                                                                                            10-7-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-215
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                            Lawrence Beekerle, private citizen
                                                                 54




                1  mountaintops are ever given any economic development




                2  for the affected -- the affected -- communities.




                3              Shaw me economic development,  in Boomer




                4  Hollow, in Bob White,  in Montcoal,  in Prince.  Show




                5  me,  show me something.




                6              In the last six nsonths,  two schools in




                7  the Coal River Valley,  both surrounded by money




                8  Massey mining permit,  was closed, sending our




                9  children on very, very,  long bus rides,  and one of




               10  those schools is at Montcoal.




               11              where is the money, and where  is the




               12  support of the coal industry then?




               13              The Raleigh County, Board of Education




               14  said it does not receive one red cent that  coal has




               15  for education.   But coal says it gives.




               16              So who is lying?  I would like to see a




               17  report on that.




               18              The scientific evidence of  this study




               19  shows that mountaintop removal is environmentally




               20  insane, but the recommendations by the administration




               21  is to make it easier for greedy coal cosipanies to




               22  destroy everything.




               23              Your report makes an airtight  case




               24  against your conclusions.
10-1-2
                                                  55




 1              Your report, and your conclusion,




 2  strongly contradict,




 3              Did a complete idiot write  the




 4  conclusion?




 5              As a fellow Christian,  I  challenge




 6  President Bash, to come to the coal-field hollows of




 7  central Appalachia,  and talk with the  blaated, aa<3




 8  flooded, and the poor, and the oppressed people




 9  impacted by wountaintop removal,




10              I ask President Bush to investigate his




11  agencies,




12              Ko true Christian would allow these evil




13  abuses to continue.




14              I am sure once the President discovers




15  these crimes against the citizens of Appalachia, he




16  would atop memntaintop removal.




17              Ho true God-fearing man would allow




18  these crimes to continue.




19              MR. BSCKBRLE:  I am Lawrence Seekerle.




20              MR. CHAIRMAN:  After Mr.  Beckerle, the




21  next speaker will be Nanette Kelson.




22              MR, BBCKIKLE;  Qood evening.  My narwe is




23  Lawrence Beckerle,  I live in Nicholas  County.




24              I have  a number of diverse  interests and
MTM/VF Draft PEIS Public Comment Compendium
                     B-216
                             Section B - West Virginia Evening Session

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                                                                                                                                                                               57
                1  I am involved with a number of different




                2  organizations, which I will riot necessarily get into




                3  tonight.




                4              i would mention that &vy first




                5  surface-mine reclamation project that I got involved




                6  in was in 1972,  and I have been looking at issues




                ?  involved  with surface-mining reclamation  over a




                8  number of yeax's, and a number of capacities, before




                9  SMRCA was invented and thought of,  and I  have worked




               10  in a number of different states.




               11              Two concerns I have:  One, is that when




               12  you make  your decision that you realise that thsre




               13  are a number of  variables that are upon what can




               14  happen with a valley fill, or mountaintop mining.




               15              That you consider all thoae  variables,




               16  which 1 will try to include in tay written conraents,




               17  because sometimes we confuse issues,  then it becomes




               18  conclusions when we are muddling, and at  war with --




               19  involving so many variables.




               20              The other thing that I have  experience




               21  in seeing is that the type of regulations that we




               22  pass, and sometimes they have unintended




               2.3  consequences, and can have a large part to do with




               24  what we end up with.
                         l              To give you a couple  of examples, I can




                         2  well  remember wh«n GSM had interim regulations




                         3  prohibiting any depressions larger than a square




                         4  meter in  siae.




                         S              It was there for a few years, then it




                         6  disappeared, thank goodness,   But  it was there for a




                         7  time  period.




                         8              west Virginia has a drainage handbook




                         9  that  is designed fot how water should be controlled




                        10  off of the surface mines, and so on.




                        11              That originated for urban construction,




                        12  highway construction, and s-o on.   So the primary




                        13  OTiphasis  of that drainage handbook is how to control




                        14  water to  take it off the site.




                        15              In fact, there is a rule in this




                        IS  drainage  handbook yet to this day,  that prohibits any




                        17  depressions be any deeper than two-t&nths of a foot.




                        1.8  That  is a very email distance,  two-tenths of a foot,




                        19  So you deliberately create a site  that is dry.  In an




                        20  urban situation, it makes sense because you don't




                        21  want  to have the raosguitos.




                        22              In a surface mine, you want the




                        23  mosquitos as the base for the food soxirce-




                        24              There was ale-o some question about what
                                  5-4-2
MTM/VF Draft PEIS Public Comment Compendium
B-217
Section B - West Virginia Evening Session

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                1  is an impcMindment,




                2              So with every little structure being




                3  considered an  impoundment,  even sediment ditches are




                4  removed after  mining.  And so on the operational




                5  side,  the  coal operators, when you try  to talk to




                6  them about building this type of structure, or that




                V  type of structure, say why build it,  if we -are going




                8  to have to destroy it to get o~ur bond released?




                9              So we need to look at those kinds of




               10  issues. As a  result of those types of  things, there




               11  are burn-up pools, and ephemeral pools  are very rare




               12  on surface mine areas,









               14  rare,  absorption  terraces are basically unheard of in




               15  this state,  a  zero run-off bench and berra systems are




               16  unheard of.




               17              To illustrate my point,  I  know of no




               18  crayfish farms in any surface mine in West Virginia.




               19              How  that might seem strange to some




               20  people that 1  would ev«n mention that.  But If




               21  someone wanted to put a crayfish farm on, the only




               22  thing that the DSP and the regulatory people would




               23  look at is what the economics are behind crayfish,




               24  They would not consider that crayfish pools would
                         1  help reduce flooding,  would help provide a food




                         2  source  for wildlife, and BO on<




                         3              So, there needs to be other things




                         4  considered into these projects when you look at




                         5  crayfish farming;, and look at the other benefits that




                         6  can result Irons those.




                         7              fhsre has been an mnereimphaeis on




                         8  perennial grasses, including nonnutritive,  and other




                         9  grasses that are not productive for wildlife.




                        10              &ffld oa@ of those disadvantages of that




                        11  is that by contrast, if they would ettiphaaize a




                        12  nitrogen-fixing plan,  it would increase the earthworm




                        13  population, which would help make the soil more




                        14  productive, and help increase infiltration, help grow




                        15  better  trees and so on.




                        16              By the overemphasis on nonnutritive-type




                        17  grasses, instead of nitrogen-fixing plants,




                        18              Me have deliberately made these lands




                        19  nonproductive, and that is very unfortunate.  $te need




                        20  to change that.




                        21              My minutes are almost up,  Good grief.




                        22              But to give an example, if we had ~-




                        23  another thing that would help us to decide these




                        24  issues  --
                                 7-5-2
MTM/VF Draft PEIS Public Comment Compendium
B-218
Section B - West Virginia Evening Session

-------
Nanette Nelson, Coal River Mountain Watch
                                                                6Q




                1              AUDIENCE MEMBER:   Time.




                2              MR.  8ECKERLE;  ~-  would be grade




                3  limitations, it would have described, those,  and we




                4  could make better decisions,




                5              Thank you.




                6              MR,  CHAIRMAN;  Our next speaker is




                7  Nanette Nelson.




                8              After that, we will be taking a




                9  five-minute break.




               10              MS.  KELSOK:  My name is Nanette Nelson,




               11  and  I liv§ on Big Coal River in Boone County.




               12              When I sat down last night and thought




               13  about this meeting, I became tooth sad, and angry.




               14              The very subject of MTR, causes such




               15  extreme emotions for true coal-field residents.




               16              Those of us who have lived in our




               17  communities for many generations,  are at one with the




               18  land.




               19              My family baa been in Boone County since




               20  the  1700fs.




               21              Hot many people can understand this




               22  concept; you just have to know  our hearts.




               23              I want to impress  on you the true cost




               24  of MTR.
                        1              We hear that the BEP, EPA, and other




                        2  agencies, plua the  industry,  want to rely on



                        3  so-called scientific data.




                        4              But the data always seems to suit  their



                        5  wants and their needs.  Certainly not the coal-field



                        6  residents,



                        7              Mow do you gather scientific data  on



                        8  people,- their feelings, their hopes, their dreams?



                        9  You cannot.



                       10              This BIS statement is a sham, and  it is



                       11  a disgrace to even  present it to the people of  this



                       12  state,



                       13              You want to talk about economic




                       14  development; where  is it?



                       15              According to the DEI? website, there are



                       16  363 active mining permits in Boone County.



                       17              They say that MTR sitea are made into



                       18  economic development sites; where are they?



                       19              There  are 79 acti%'e MTR sites now, and




                       20  I doubt that there  will ever be any kind of economic



                       21  development on Big  Coal River.




                       22              Our county has terrible conditions



                       23  around the HTS site.  Property values have gone down,



                       24  People could never  get enough out of their homes to
                                 10-3-2
                                 11-3-2
MTM/VF Draft PEIS Public Comment Compendium
B-219
Section B - West Virginia Evening Session

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                                                                 62




                I  buy  an equivalent home elsewhere,




                2              People have worked all of their lives to




                3  have a home, only to see its value go to ali&ost




                4  nothing.




                5              whitesville and Madis-on are only ghosts




                S  of what they once were.   Everywhere there is MTR,




                7  community death soon follows.




                8              People have left because they can't




                9  stand living in the conditions caused by MTR.




               10              Our schools are closing.  We have lost




               11  many schools in our county  in. the past few years;




               12  need 1 say more?




               3-3              They say MTR is wonderful for wildlife.




               14  If it is so wonderful for wildlife, why are they




               15  coming down into our yards  looking for food?  They




               16  never did that before,




               17              Ton never hear a whippoorwill anymore.




               18              Big Coal River used to be full of




               19  freshwater muscles; they were huge.  They were




               20  everywhere in the river. They are all gone now.




               21              You have poisoned, and polluted,  and




               22  blastsd, and duated the environment to death.




               23              Not to mention the unprecedented




               24  flooding that is occurring  somewhere every time we
11-3-2
10-1-2
7-3-2
6-1-2
17-1-2
                                                  63




 1  have a rain event.




 2              This used to be rare.  How it  is




 3  becoming conimon place.  And who is paying?




 4              As usual,  PEMA i& called in and the




 5  Federal tax dollars are u&ed to try to help these




 6  families recover, but  even this is a sham,




 7              FKMA -doesn't even cotne close to paying




 8  enough to putting these poor people on the  road to




 9  recovery.




10              Some of these families will never have




11  normal lives again.




12              And again, the coal and the timber




13  companies get off scot-free.




14              Where is  the justice in this?




15              When is this ever going to end?




16              When you  have destroyed the lives of




17  everyone,  or have run  the rest us off so that you can




18  run free of rein to do whatever you want, with no one




19  to sue.




20              I truly believe that this is your goal.




21              You wish  that we would all just 90




22  away.  But Bill Rain&y, we are not going anywhere, so




23  don't get your hopes up.




24              You say that MTR is a safer mining
MTIWVF Draft PEIS Public Comment Compendium
                     B-220
                             Section B - West Virginia Evening Session

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                1  method;  for whoa?




                2               I imagine that it is for  the person




                3  sitting  in the big air-conditioned pieces of




                4  equipment.  But what about the people  who have to




                5  live abound these sites?




                S               Beraember, thess folks didn't move in on




                7  you,  you moved in on top of them.




                S               Is MTR safer for these residents?




                9  I think  not.




               10               I want you to know something, I am not




               11  against  coal  mining,  I am against irresponsible




               12  mining methods.




               13               My husband worked underground for many,




               14  many,  years.  The true miners knew the dangers and so




               15  did their families.  They accepted that danger.




               16  These fflen exposed themselves to dangers every day.




               17  They exposed  themselves, no one else.




               18               They are true, brave men.




               19               The people who work the MTR sites, may




               20  have a safer  job for themselves; however, they are




               21  putting  innocent people in harm's way.




               22               The little children,  the  elderly, cofmnon




               23  people,  and even babies yet unborn, are in danger




               24  around these  sites.  And you call this a safer mining
                         1  method?   I think not -




                         2              when you put people  in harm's way that




                         3  are not even connected to the  mining industry, to




                         4  save your own behind,  I call that cowardly-




                         5              Thank you.




                         6              MR, CHAIiRMMf:  We are going to take a




                         7  £ive-mitiute break.  The two speakers after the break




                         8  will be Larry Maynard arid Vivian Stockman.




                         9              One thing when, you return from the




                        10  forsak, if the speaker is already  speaking, let's be




                        11  courteous and be really quiet  when you come in and




                        12  sit down,




                        13              in about five minutes, we -will be




                        14  starting  again,




                        15              Thank you.




                        16              (Break,)




                        17              MS. CHAIRMAN:  Let's get started.




                        18              As I 0aid before*  our first speaker will




                        19  be Larry  Maynard,




                        20              Our setcond speaker will be




                        21  Vivian stockman,




                        22              As we are all sitting down, let's




                        23  retRgtnfoer  to be real quiet for  them.




                        24              Thank you-
MTM/VF Draft PEIS Public Comment Compendium
B-221
Section B - West Virginia Evening Session

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Larry Maynard, Delbarton Environmental Community Awareness Foundation
                                                                66




                1               Mi?. MAYHARD;   Thank you.




                2               My name is Larry Maynard.   I  am from




                3   Delbarton,  West Virginia,  and the founder  of DECAF,




                4   Delbarton Environmental Community Awareness




                5   Foundation.




                6               I would like  to talk a little bit today




                7   about jobs.   Now having jobs, does not  justify the




                8   outright destruction caused by mountaintop removal




                9   mining.




               10               If W£R is banned, then the coinpames




               11   will have to find alternative and less  destructive




               12   ways to extract their coal; right?




               13               Jobs will be  there, and plentiful,




               3.4   possibly more jobs than before.




               15               If this form  of mining continues, then




               16   our environment, and this  area, will continue to




               17   suffer while the CEO's become rich and  the $est




               18   Virginians,  they just stay poor.




               19               West Virginia is becoming  the coal




               20   industry's toxic waste dump.  Coal waste impoundments




               21   that hold slurry, should really be classified as




               22   such.




               23               Selenium compounds, arsenic,  and other




               24   hazardous chemicals, make  up this sludge.
1-9
 1              There are good forms of chemicals, and




 2  bad forma of  chemicals.  Like selenium,  for instance,



 3  and chromium  compounds.  Like sottte forms of chromium,




 4  body builders use it, while others cause cancer.



 5              And this stuff 9ets in our  watersheds.



 &              Some of the things that I want to talk



 ?  about -- some of the primary effects from mountaiatop



 8  retBQ'val is destruction of vegetation, our natural



 9  water streams, the anin&al habitats, the  beauty of our




10  environment that surrounds us all.  And  the future of



11  timber, or any wood-producing jobs, just to mention a



12  few.



13              Also, water-well depletion, homes being



14  flooded throughout the valleys, du&t that comes from



15  the large coal trucks that barrel down our roads, the



16  increased weight limits to destroy our roads.  And



17  who picks up  the tab for that, the coal  industry, or



18  the citizens?



19              They cannot constitute their actions




20  toward our environment just by making level land, and



21  a few jobs, even if they do pay their fair share of




22  taxes.



23              Thank you.




24              ME. CHAIRMAN;  Vivian Stockman.
                                                                                                        1-9
MTM/VF Draft PEIS Public Comment Compendium
                    B-222
                            Section B - West Virginia Evening Session

-------
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC)
                I              Then the next person will foe Larry




                2  Gibson.




                3              MS,  STOCKMAN;  1 just want to triple




                4  check that it is  okay that I talk, because I heard




                5  there was grumbling because I spoke already this




                6  morning, or this  afternoon?




                7              M&.  CHAIRMMJ;  There is nothing in the




                8  rules that says you couldn't speak at the different




                9  s-eesioas, so go ahead,




               10              MS.  STOCKMAM;  All right.




               11              My name is Vivian Stockman.  I am -with




               12  the Ohio Valley Environmental Coalition.  The




               13  original intent of the environmental impact




               14  statement, as published in the Federal register,




               15  was:




               16              "... to consider'developing agency




               17  policies, guidance, and coordinated agency




               18  decision-making processes to minimize, to the maximum




               19  extent practicable, the adverse environmental effects




               20  to waters of the  United States, and to fish and




               21  wildlife resources, affected by mountaintop mining




               22  operations, and to eavitcmiaental resources that could




               23  be affected by the size and locations of excesa spoil




               24  disposal sites in valley fills."
                                                                         69




                        1              The draft KIS ~- the recommendations in




                        2  that draft, fail,  they utterly fail,  to fulfill the




                        3  original intent of the EIS.




                        4              And I wonder if that is  because of the




                        5  people  like J. Steven Guiles, and Michael Castle,  who




                        f>  possibly were allowed, to even write these




                        7  recotflmendations.




                        8              This  afternoon, I heard  people say that




                        9  they don't believe the MTR is involved in the




                       10  flooding in southern West Virginia.




                       11              1 guess they haven't read the DBP, and




                       12  GSM studies that say otherwise.  I guess they don't




                       13  believe the people who live in the flooded areas,




                       14  downstream from BKRintaintop removal,  I guess, they




                       15  just don't believe what those folks are saying.




                       IS              Ho,  MTR is not responsible for all of




                       17  the flooding.  But tne studies say, and reality




                       18  shows,  that it does indeed make flooding much wors-e.




                       19              We have heard a lot o£ comments about




                       20  how great tnountaintop removal is for  the state




                       21  because it provides flat land for economic




                       22  development.




                       23              How can that possibly be true?  Right .




                       24  now, w@ have probably over 300,000 acres of blown-~up,
                                 1-5
                                 17-1-2
MTIWVF Draft PEIS Public Comment Compendium
B-223
Section B - West Virginia Evening Session

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                                                                  70




                1  treeless,  soilless, rubble-strewn former




                2  fsountaintops,  just waiting for the long touted




                3  economic development.




                4              These wastelands have some ponds with




                5  stagnant water, not to mention the coal-waste flood




                6  lakes,  but a good supply of fr©sh water,  one




                7  essential  for  economic development just isn't




                8  available,  because the blasting has reeked havoc on




                9  the ground water, and of course,  the streams are




               10  bur i ed«




               11              Reraensber, too, that most o£ these




               12  flatlands  that the industry touts are hundreds of




               13  feet above any existing infrastructure, are municipal




               14  romds and former EJEP head, Michael Callahan admitted




               15  that lass  than two percent of the sites that have




               IS  already been obliterated by rsiountaintop removal, have




               17  had any sort of economic development.




               18              Yea, there are some projects on some




               19  mountaintop removal sites, but why in heaven's name




               20  do we need anymore, if we already have over 300,000




               21  acres sitting  around, flat acres.




               22              We do have a couple cf golf courses, a




               23  high school, whose gym sank, and they had to get the




               24  Jaws of Life Out to open the doors.  Some built that
10-3-2
                                                   71




 1  have  been having stability problems, too.




 2              For instance,  in Kentucky, there is wl^at




 3  they  are calling BOW a "sink"sink".  it is a prison




 4  that  over $40 million of taxpayer money has gone into




 5  stabilizing the site, and the towers are leaning.




 6              It is turning out to be the nvost




 7  expensive jail ever built in the United States.   And




 8  that  is the showcase of mountaintop economic




 9  development site.




10              At last year's Coal Summit in this very




11  building, a hydrogeologist noted that  in the Coal




12  River basin alone, there are about 95,000 acres of




13  obliterated mountaintopa and buried valleys,




14              'That is enough flat land  to provide all




15  of  the following;  Five,  5,000*-acre recreational




16  parka; Ten, 1,000-acre prison sites -- since that is




17  going to be our great economic development ~~ five,




18  soo-acre shopping snails -- I don't know where all the




19  shoppers will come from.   100,  10Q~acre trailer




20  parks -- and I guess that will relocate all the MTR




21  flood victims.  There would still be 400, 50-acre




22  school sites -~ not that there are any students left.




23              So that still leaves about 5,000 acres,




24  which we could taake the monument park  for the West.
                                                                                                             10-3-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-224
                              Section B - West Virginia Evening Session

-------
Larry Gibson, private citizen
                                                                 72




                1  Virginia  Coal Association,  BQ  they can show people




                2  hoiv great moun taint op removal  is for Kest Virginia,




                3  one of  the poorest states in the nation.




                4              The EIS rteed& to  address the fact  that




                5  West Virginia already has enough barren, waterless,




                6  soilless, flat land.




                7              We got enough.




                8              Thanks.




                9              MJR. CHAIRMAN;   Larry Gibson.  Then the




               10  next speaker will be Julian Martin.




               11              MR, GIBSON;   Here I see -- on this




               12  stage,  I  see OSM, FWS,  WVDBP,  the EPA, COA;  we  don't




               13  have no CFO,  That is what is  called CFC, actually,




               14  for ~~  Concern for Citizens.




               15              We have these here --a lustroua group




               16  up here of people who are supposed to be representing




               17  the State of West Virginia,  and the group of people




               18  here ~~ I don't see them doing anything that is worth




               19  their while here,




               20              Also, we was talking about ~~




               21  I heard -- while we was sitting there talking -~




               22  I had other things to say,  but I want to talk about




               23  this one.




               24              We have heard about the decrease in the
                                                                          73




                         l population of the coal fields, the number of people




                         2 or citizens in the coal fields.




                         3              The only thing that I don't understand




                         4 is, if coal is so good, how corns we're  losing our




                         5 citizens in the coal fields? How come people are




                         6 leaving?




                         7              Alao,  how come we have such low income?




                         8 How come we have sxich low education in  the southern




                         9 coal fields'?  How come we don't have any




                        10 infrastructure?  How come we don't hav« city services




                        11 for everybody in Logan?  Things like that, we don't




                        12 have it.




                        13              Another thing I want you all to




                        14 understand about mountairitop removal, it is not only




                        15 destroying our mountains, it is interfering with our




                        16 mountain way of life.




                        1?              Now I isean, we have, around asy area, in




                        18 our mining area, or the mining around my mountain, we




                        19 have ffiountaintop at about 2,000 feet.   My land stands




                        20 about €- or 700 feet above the sites.




                        21              But we have -- because of  the




                        22 siountaintop removals, and the underground mining, we




                        23 have mine cracks that just happen to be up there the




                        24 other day,  too.  And this is several times now
                                  10-1-2
                                  10-2-2
MTM/VF Draft PEiS Public Comment Compendium
B-225
Section B - West Virginia Evening Session

-------
                                                                                                                                                Julian Martin, WV Highlands Conservancy
                                                                 74




                1  they've filled these mountain cracks up.




                2              But I called the Surgeon General's




                3  office the other day,  and I left her a message, We




                4  have p&ople in harm's  way over here in Clearfork.




                5  And I called her,  and  1 made a reference to her to




                6  find a way to put  these people out of harm's way, 00




                7  that she could ensure  their safety,  to make sure




                8  their life won't be in danger.




                9              We have nobody here on this panel just




               10  concerned about the citiaen-s.  If you did, you would




               11  be going over renting  these homes over there in




               12  Clearfork that's empty, and living down below those




               13  mountains, where the floods did not happen.




               14              Of course, it is obvious that floods do




               15  not happen in the  coal fields.




               16              Another thing that I mentioned about the




               17  jobs here; Gosh, now I've got to help Chris Hamilton




               18  out here, because  the  jobs, hare in the coal fields,




               19  I think we have lost about 150,000 miners in




               20  West Virginia,  Arid 1  heard Chris up here say, We are




               21  providing jobs for the people in the coal fields.




               22              Hell, I think if we keep providing jobs




               23  at that rate,  we won't have to worry about the coal




               24  company, they will put themselves out of business.
                                                                          75




                         l               And another thing,  if Chris Hamilton



                         2  endorses this thing that you all put together,  it



                         3  can't be good for the citizens.



                         4               It can't be good for the citizens.



                         5               I am going to the office and I am voting



                         6  against this.  Because if Chris  is for it, I got to



                         7  be against it,
                         8
                                        MR. MARTIN:  My name  is Julian Martin.




                                        MR. CHAIRMAN:  Just a minute, sir,   I'm
                        10  sorry,



                        11               After Mr. Martin,  Janet Fout.



                        12               Okay, Mr. Martin.



                        13               MR. MARTZH:  My name  is Julian Martin.



                        14  I am the 8th generation that haa lived on Coal




                        15  River.  We live  in Charleston now.



                        16               My  people came here around 1800.   We got



                        17  here before coal did.



                        18               1 would like to see the people that want




                        3.9  to destroy our mountains, are moving in on our



                        20  homeplace.



                        21               I would like to lodge a complaint with




                        22  this panel;  t was the second person to sign in



                        23  tonight.  L-arry  Gibson was the  first*  He was  the



                        24  first person to  walk through that  door; 1 was  the
MTM/VF Draft PEIS Public Comment Compendium
B-226
Section B -  West Virginia Evening Session

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                                                                  76




                1  second.




                2              Chris Hamilton was not in that room out




                3  there.  He walked in here about two or three minutes




                4  before  the thing started and he spoke second.




                5              How that ahowB you how low the coal




                6  industry  will stoop.  If they will chest on stuff




                7  like that, for God's sake.   How that is really tacky;




                8  isn't it? I mean,  that is character, isn't it?  That




                9  is who  you are dealing with.   These are the kinds of




               10  people  that you are dealing with.




               11              They would steal from their little




               12  sisters,




               13              They would push their mother down the




               14  stairs  in a wheelchair,




               15              1 want to coagplain about the fact that




               16  your economic study was not a broad -- did not cover




               17  enough  years.  I want you to go back and do this




               18  again.  I bet you love to hear that, don't you?




               19              Tou will get some information from me




               20  about Bill Mackey,  who used to be the head of the




               21  Board Service, in West Virginia.  And he resigned in




               22  protest against mountaintop removal.




               23              Ha said it was akin to a disease like




               24  AIDS.  That is what he said.
11-9-2
                                                   77




 1              This is not  a tree-hugging radical,




 2  out-of-state environmentalist, okay?  This is a man




 3  who  believed in clear-cutting, for God's sake.




 4              He says that mountaiatop removal is akin




 S  to a disease like AIDS.   Why was hB not interviewed




 6  for  this?  Why was the information that he has not




 ?  included in this etudy?




 8              This man was a was a prominent figure in




 9  this state, and in this? business.  He knows what he




10  is talking about.  He said that 300,000 acres had




11  been destroyed already.   And he said that for every




12  acre, you can get 2DO-board feet of timber that is




13  new  growth.  That is the  new growth per acre.




14              I am sure it is an average, okay?




IS              Multiply those two numbers together,




16  300,000 times 200, cornea  out to 60-million-board




17  feet.  That was in 1997,  this estimate he made.




18              That SQ-million-board feet of timber




19  could have been cut on what has already been




20  destroyed every year, forever.




21              Mot just one, every year.  That is just




22  the  new growth.  You could have cut that and not miss




23  it,'




24              How, if this whole mess doubles, as this
                                                                                                            11-6-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-227
                             Section B - West Virginia Evening Session

-------
                                                                  78




                1  report  claims, it's going to --  if mountaintop




                2  removal doubles -- then by the year 2013, I think it




                3  was,  in 10 years, or something,  it is going to be




               - 4  around  200-billion-board feet of  timber lost every




                5  year, forever»




                6              Every year,  Hot one, but every damn




                7  year, and that is if they quit mining right then.




                8              They are destroying the hardwood timber




                9  in West Virginia.  Fall is going to disappear.  All




               10  the trees are going to be the same.  They are going




               11  to go with the cheap trees, where they can grow real




               12  fast, aad don't change colors.  They don't want to




               13  mess with that.  We're all going to look like Oregon,




               14  you know, you're going to have green and yellow, that




               15  is it.




               16              So I beg you, I plead with you -- I know




               17  I am pissing in the ocean -- I beg and plead with you




               18  to reconsider the economic study.




               19              Do a long-term economic study.  Mot just




               20  about the coal industry, about everything this is




               21  costing us.




               22              For God1a sakes, they are destroying the




               23  future  use of these places.




               24              These are wastelands.  Get a grip.
11-6-2
                                                   79




 1  These are horrible looking places; these are not




 2  close calls,




 3              This is the  worst environmental crisis




 4  in  the whole world.




 5              Ther« is not another mountain range  in




 6  the United States that has had 300,000 acres




 7  destroyed-  Nowhere.  It  is an outrage.




 8              And I wish 1 had smother hour,




 9              I want you to offer other options.




10  Enforce the law as it is. If you did that, it would




11  stop them in their tracks.




12              Do away with those damn national




i3  permits  that say that a  valley fill has a minimal




14  environmental damage -




15              Good God, don't let them duiap anything




IS  in  any stream.  It is craziness.




17              There are 147 years of underground coal,




IS  according to this report, Let's do it underground,




19  with the pillars left behind eo that the top doesn't




20  cave-in, too.




21              How, I talked today to a DSP person, and




22  he  said that it looks like they did all that research




23  and then jusfc ignored the damn thing in their




24  reconHJjendat ions,
1-13
MTM/VF Draft PEIS Public Comment Compendium
                     B-228
                             Section B - West Virginia Evening Session

-------
Janet Fout,  Ohio Valley Environmental Coalition (OVEC)
                1              I know  that there are people in your




                2  departments,   We know them.  We know who they are




                3  there.  You know,  there are moles.  Deep Throat isn't




                4  anything.  You can't trust anybody over there.




                5,              They are on our s ide.




                6              They tell us that this is a bunch of
                7  bullshit.




                8




                9




               10




               11
                Thank you.




                MR.  CHAIRMAN:   Janet  Pout.




                James --  I believe it is Kaynard.




                I am Janet Fout.   I work for the Ohio




12  Valley Environmental Coalition.




13              I am a life-long resident of West




14  Virginia.  My daughter is seventh  generation.




15              I just wanted to remind folks here on




16  the panel a little bit about the National Environment




17  Policy Act of 1969,




IS              The  purpose of the Act basically says to




19  encourage, productive and enjoyable harmony between




20  man and his environment.  Promote  efforts which will




21  prevent or eliminate damage to the environment and




22  biosphere, and stimulate the health and welfare of




23  aian.




24              This is the foundation for this EIS
                                                                            4-2
                                                  81




 1  process, and there are three parts of this that  I




 2  think are very much being neglected by the SIS.




 3              It says that you should ensure for  -all




 4  Americans safe,  helpful, productive and aesthetically




 5  and culturally pleasing surroundings.




 6              I don't think that  there is anyone  who




 7  has ever been to a mountaintop removal site,  who




 8  would say that inountaintop removal, as it is




 9  practiced in West Virginia,  does that.




10              That you should attain the widest range




11  of beneficial uses of the environment without




12  degradation, risk to health?  of  safety, or other




13  undesirable, or unintended consequences.




14              What I read of the  SIS, says that there




15  are many coBS-ecjuences, and they  are very neg-s t i ve




16  consequences to water quality, to habitat for




17  wildlife, for communities, for people who live near




IS  blasting,




19              There are numerous,  numerous, impacts.




20              That you are to preserve important




21  historic, cultural, and natural  aspects of our




22  national heritage, and maintain  wherever possible, an




23  environment which supports diversity and variety of




24  individual choice.
                                                                                                                                                                       4-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                  B-229
                             Section B - West Virginia Evening Session

-------
                                                                 82




                1              There is very little in the EIS,  as it




                2  is currently stated,  that covers the cultural,  or




                3  historic  losses.




                4              I would suggest  to you that since your




                5  EIS contains -- at least  two  symposiums -- put




                6  together  by Federal agencies,  and the coal industry,




                7  that you  also include the proceedings from the




                S  Citizens  Coal Summit that was in 2002, held here in




                9  Charleston.




               10              You will learn a lot about the cultural




               11  impacts,  and the impacts  on people's lives,




               12              Also, just some  something -- the  reason




               13  why 1 think mountains need to be preserved in  West.




               14  Virginia.
               15




               16




               17





               18




               19




               20




               21
These are  the words of Wendell Berry:




"The peace of wild things.




When despair for the world grows in me




and I wake in the night at the least




sound,  in  fear of what my life and my




children's lives may be,




1 go and lie down where the wood drake




rests in his beauty on the water,




and the great heron feeds.




1 conia into the peace of wild things
                                              10-2-2
10-6-2
                                                  S3




 1              who do not tax their lives  with




 2              forethought of grief,




 3              i come into the presence of still water




 4              And I feel above me the day-blind stars




 5              waiting with their light,




 6              For a time I rest




 7              in the grace of the world,




 S              and am free."




 9              There is very little in your Draft EIS




10  that  talks about those kinds of impacts,   When all of




11  our mountains are gone, when all of our  streams are




12  filled, where will we nsatore our souls?




13              And also, as long as I've got time, I am




14  going to mention a few other things.




IS              I think there is not nearly enough in




16  the draft EIS to address the concerns about




17  coal-slurry impoundments,  I actually hare three




18  photographs that I will leave with you.




19              These are so close to many  communities




20  and in these particular photographs show hew close




21  they  are,




22              Here is a little known economic fact of




23  coal.  In 2Q02, for every $100 a miner which makes




24  $50,000 a year -- a CBO of Massey Energy rakes in
                                                                                                                                                         10-6-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                   B-230
                                                                          Section B - West Virginia Evening Session

-------
                                                                                                                                                                James Maynard, private citizen
                   approximately $13,€00,




                               So somebody  certainly is benefiting from




                   mountaintop reinoval.




                               I wanted to  mention something about, the




                   Alternatives.  The reason Alternative Number 3, is so




                   attractive for the coal industry and which I think




                   that  is definitely the wrong way to go.   That  is a




                   fast  track.




                               That means that everything  is given a




                   rubber stamp, nationwide  permit.  I think what Julian




                   mentioned before, this is for minimal adverse




                   environmental impact,




                               The coal  industry likes this because it




                   is the quickest -~  is a strategy which enriches their




                   bottom line, and so that  is why they prefer that.




                               Ke don't prefer that.




                               in fact,  we  believe that mountaintop




                   removal should be banned.  There might be lota, and




                   lots  of laws, like Chris  Hamilton mentioned before.




                   But unfortunately there doesn't seem to  be anybody




                   who has political will to enforce the laws.  Whether




                   it is AFC laws,  flood control, bond release, or you




                   name  it.




                               Finally,  there was some mention about
1-9
                                             1  Mark Canterbury's study,  and what is a frequent




                                             2  decline in this nation wherein we have a prime




                                             3  habitat.




                                             4              Mountaintop  removal will destroy and
                                             5  fragment  --
                                            10  comments
13




14  Price.
                MR.  CHAIRM&H:  You are out of time.




                MS.  POUT:  Hell,  thank you.




                MR,  CHAIRMAH:  Thank you.




                MS.  FOOT:  I will submit written








                Thank you very much.




                MR.  CHAIRMAN:  James Maynard.




                And  the next speaker will be Donna
                                            IS              MR. MAYNARD;  My name is James Maynard,




                                            16  1 am in Belbarton, West  Virginia.  1 just  don't like




                                            17  the way they are tearing our mountains up, filling up




                                            18  the hollows, and stuff  like that.




                                            19              It is not  real good, or you know.




                                            20              The environmental ~~ and stuff like




                                            21  that,  and the trees,  and stuff, tearing it up.




                                            22              I have seen it all.  I have seen trees




                                            23  tore all to pieces and  just thrown over the hill and




                                            24  covered up and everything else-
                                                              1-9
MTM/VF Draft PEIS Public Comment Compendium
                     B-231
                             Section B - West Virginia Evening Session

-------
Donna Price, Coal River Mountain Watch
                1              What do you call them dams, and stuff




                2  like that?  I have seen them, too, and they ain't no




                3  900 d,




                4              That is all I got to say.




                5              MR. CHAIRMAN:  The next speaker is




                6  Donna price, and then the following speaker is Frieda




                7  Williams.




                8              US. PRICE:  My name ia Donna Price, and




                9  I am from Dorothy, West Virginia, in the Coal River




               10  Valley,




               11              First,  let me say that I am absolutely




               12  against  the mountaintop removal method of coal




               13  raining.




               14              This massively destructive mining




               15  method,  has eradicated hundred of thousands o£




               16  Appalachian hardwood forests, and replaced them with




               17  worthless grassland.




               18              it eliminates miles- of precious




               19  headwater streams, and then there are theee massive




               20  valley fills-  Composed of waste rock and dirt that




               21  is blasted from mountaintops, and dumped into the




               22  nearest  valley.




               23              And by the way, for everyone who calls




               24  valley fills usable flatland; West Virginia is the
1-9
                                                 87




 1  Mountain State.




 2               These monstrosities  are contemptuous




 3  insult to our heritage.




 4               Runoff from these fills degrades our




 5  tributary streams and clogs them  with silt.




 6               Recent studies tell  us that all of  these




 7  things contribute to the dangerous flash floods, that




 8  have become a plague across this  region over the past




 9  several years.




10               Now none of this is  news to you people




11  who live near isiountaintop rettioTal; we are seeing




12  these things happen.  We live with them every day.




13  Me know what is  happening,  to our land, anci our




14  homes, our communities, our schools,




IS               We  know exactly why  our highest




16  coal-producing counties have the  highest unemployment




17  rate, and the highest poverty level in the state.




18               We  all know these things-  And yow  know




19  about these things, too.  You stay not be comfortable




20  with that knowledge, and you may  choose to ignore  it,




21  in order to make your study accomplish what it has




22  been designed to accomplish, which seems to be to




23  keep the coal industry profitable.




24               But you could never  say that you don't
                                                                                                          17-1-2
                                                                                                          10-2-2
 MTM/VF Draft PEIS Public Comment Compendium
                     B-232
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                                Frieda Williams, private citizen
                1  know  about these things.   It has all been explained




                2  to you numerous times during these public hearings,




                3  and I think that this BIS  is a shame and a sham,




                4              And I see people all over this region




                5  becoming more and more frustrated and angry at this




                6  administration, and these  agencies, have failed in




                7  their duty to prevent this irresponsible destruction




                8  of our land and our water.




                9              One more thing:  This dirty little




               10  secret is no longer confined to the hills and




               11  hollows of central Appalachia.




               12              The ravages of itiountaintop removal




               13  mining, and the devastation it is causing to our




               14  land, and water, and our people.  All of these things




               15  are being made known to citizens all over this




               16  country, and the outrage is growing.




               17              Blowing up mountains is becoming a




               IS  decidedly unpopular method of mining coal.   It is too




               19  destructive,  It violates  the principles of the Clean




               20  Water Act,




               21              It is becoming unacceptable to the




               22  people of this country, and it will be stopped.




               23              Thank you.




               24              MR. CHAIRMAN:  Frieda Williams.  And
                         1  then the next speaker will be Bill  Price,




                         2               When you come up, remsttsber to speak into




                         3  the microphone,




                         4               Thank you.




                         5               MS.  WILLIAMS;  I am glad to have this




                         6  opportunity again.




                         7               I say, no to rnountaintop removal.




                         S               Evan those who work in the mines are




                         9  affected by the  damage that illegal and irresponsible




                        10  coal mining has  on the citizens of  the coal fields.




                        11               Over just the past two years, many homes




                        12  have been destroyed by flooding that has come from




                        13  mountaintop removal sites and by valley fills that




                        14  overflow.




                        15               No  one knowa how isucb.  water is stored in




                        16  our mountains.   I wish we did.




                        17               Throughout the coal fields, abandoned




                        18  <3esp mines have  been filling with water for more than




                        19  50 yeare.  Research from the University of Kentucky,




                        20  established that water contains more than 60




                        21  different chemicals, all of which are polluting our




                        22  drinking water.




                        23               We  know only too well  what the problem




                        24  is.  We know what it will take to solve the problem.
                                11-9
                                 17-1-2
                                 5-2-2
MTM/VF Draft PEIS Public Comment Compendium
B-233
Section B - West Virginia Evening Session

-------
                                                                                                                                              Bill Price, Sierra Club of Central Appalachia
                                                                 90




                1  We have the proof through the Governor's Flood




                2  Committee Report, and the national report on coal




                3  slurry damage,




                4              These reports have taken more than two




                5  years  to complete.  So why the delay on putting the




                6  solution into place?




                7              The people of the coal fields need the




                8  answer yesterday.  Profits for a few, is not qood




                9  enough reason to let this destruction continue.




               10              if you really want to make a decision,




               11  don't  take anyone ©lee's word, come to the coal




               12  fields yourself,




               13              More than §0 years aojo,  Mother Jones




               14  said,  "There is never peace in West Virginia because




               15  there  is never justice."




               16              Unfortunately, that is still true




               17  today.




               18              Thank you.




               19              MR. CHAIRMAN:  Bill Price,  and then next




               20  one will be James Chajmacki.  1 will  apologize for




               21  that name, now.




               22              MR. PRICE:   Can you hear me?  Because I




               23  want to shout it to the rafters, it is time to stop




               24  mountaintop removal mining.
1-9
                                                  91




 1              My name  is Bill Price,  and I am the




 2  environmental justice resource coordinator  for the




 3  Sierra Club in central Appalachia.




 4              I am a proud member of the Coal River




 5  Mountain Watch,  and I am a resident of  Dorothy, West




 6  Virginia, living st&mck down in the  middle of the




 7  southern coal fields  of West Virginia.




 8              I must tell you that I came here




 9  reluctantly.   Hot because of any threats, or




10  intimidation --  because we weren't  going to listen to




11  that  ~- but because I know that the Bush




12  Administration,  and the Environmental Protection




13  Agency want us to come here, say our peace, and go




14  back  and live under the valley fills again.




15              And I know that this EIS is a shams and




16  it  is a sham, and the Bush Administration just don't




17  give  a damn,




18              But in the end, I decided  to come here




19  and tell the EPA, and others,  that  there is this




20  great frustration in  the coal fields of West




21  Virginia, Kentucky, and Tennessee.




22              People who have for so long battled for




23  justice, are fad up with net being  listened to, fed




24  up  with laws not being enforced,  fed up with crooked
MTM/VF Draft PEIS Public Comment Compendium
                    B-234
                             Section B - West Virginia Evening Session

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 1  politicians, fed up with the  coal industry that puts




 2  profit above people,  fed up with having our homes and




 3  lives destroyed in the name of corporate greed,




 4              Prom that frustration is coining power.




 5  Power that doesn't come from  tnoaey, and it doesn't




 6  coma from status,  it comes  from within.  And it comes




 7  with being united with people from around this




 8  region, around this country,  and around the world.




 9              I am here tonight to tell you about the




10  people.  I will tell you about a mother who used to




11  go out on her back porch with a cup of coffee in her




12  hand, and look up into the  beautiful iBountains and




13  valleys, behind her home, and now she goes up there,




14  and looks up at a pile of rock that they call a




15  valley fill, and she cries.




16              Mothers shouldn't be crying in the




17  States of West Virginia,  Kentucky and Tennessee.




18              This EIS is a  sham.  And we can do




19  better.-




20              And I want to  tell you about a father




21  who once took his son fishing in the mountain streams




22  surrounding his home to teach him how to fish, like




23  his father had before him.  Sow he would have to




24  ejcplain to his little boy how that mountain stream is
                                                                                                                            1  no longer there-  How it is part of over  700 miles of




                                                                                                                            2  streams that have been buried by mountaintop removal




                                                                                                                            3  mining.




                                                                                                                            4               Daddy should not have to explain that to




                                                                                                                            5  the little boy,  and the EIS does not solve  that




                                                                                                                            6  problem,  and «®  can do better.




                                                                                                                            7               I want to tell you about a grandfather




                                                                                                                            8  and grandmother, who worked their entire  lives to get




                                                                                                                            9  a little place up in the mountains so that  they could




                                                                                                                            10  retire in peace  and quiet.  And now, every  day that




                                                                                                                            11  peace and quiet, is blasted, because of blasting on




                                                                                                                            12  the mountains above theffi, and they are afraid, pissed




                                                                                                                            13  off, and 'stressed out.




                                                                                                                            14               And grandparents should not  have to lire




                                                                                                                            15  that way.  This  EIS does not solve that problem, and




                                                                                                                            16  we can do better.




                                                                                                                            17               And you need to hear aboxit the




                                                                                                                            18  children.  The children who are going to  bed every




                                                                                                                            19  night that it rains fully clothed because they don't




                                                                                                                            20  know that at 3 o'clock in the morning they  may have




                                                                                                                            21  to get up and run for their lives.  Not from the




                                                                                                                            22  water coming from the streams, but the water that is




                                                                                                                            23  coming from the  sediment ponds above them.




                                                                                                                            24               Children should not hare to  be going to
                                                                                       5-7-2
                                                                                       10-6-2
                                                                                       17-2-2
MTM/VF Draft PEIS Public Comment Compendium
B-235
                                                                                                                                          Section B - West Virginia Evening Session

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Pam Medlin, private citizen
                1  sleep fully clothed at night-   This BIS does not




                2  solve that.   And  it is a sham,  and we can do better,




                3               Frieda, thank you for mentioning Mother




                4  Jones,   Because people today are still fighting for




                5  justice in the coal fields,  and we will have that.




                6               Our  battle is not with the ones of those




                7  that are feeding  their families,  but it is with the




                8  greedy coal  operators, and the West Virginia Coal




                9  Association who put profit above people,




               10               And  our battle with the Bush




               11  Administration, that totally ignores the laws and




               12  lets this illegal practice continue.




               13               We will win.




               14               We will have coal field justice, in




               15  spite of the fact that this EIS is shame, and a sham,




               16  and the Bush Administration just don't give a damn!




               17               MR.  CHAIRMANt  James Chajmacki?




               18               AUDIENCE MEMBER:   He left.




               19               MR.  CHAIRMAN;  Okay.  Pam Medlin.




               20               After Pam we will be taking another




               21  email break again.




               22               MS,  MEDLISJ;  I am Pam Medlin.  I am from




               23  Charlotte,  Korth  Carolina.




               "24               1 am here tonight representing a family
                                                                          95




                         1  from McDowell County,  West Virginia,




                         2              My eighth-year-old son came to me




                         3  recently with tears  in his eyas asking,  Mommy, why




                         4  don't they realize that cutting down the mountains




                         5  and trees causes flooding and hurts the  earth-  Even




                         6  I  know that, and I am  just a kid.




                         7              That single statement stunned me.  My




                         8  immediate family no  longer lived in West Virginia.




                         9  My kids don't have to  live in fear of another flood




                        10  or slurry dam breaking.  Yet they feel the pain of




                        11  their friends and family still living in the coal




                        12  fields of West Virginia.




                        13              My son  heard me planning my trip here




                        14  today and begged to  come along.  Why do  you want to




                        15  go?  I asked him. His reply, So that I  can ask the




                        16  coal company, and the  coal miners myself,  why they




                        17  hate little kids so  much.  They put them in danger.




                        18              Why can't we find batter ways to make




                        19  electricity, and why they can't be nice  to the earth?




                        20              Again,  I  was stunned by the intelligence




                        21  of an eight-year-old child.  If he could understand,




                        22  then surely the coal cof^panies, and the  government




                        23  could understand, as well.




                        24              This earth is a gift given  to all of us
                                  1-9
MTM/VF Draft PEIS Public Comment Compendium
B-236
Section B - West Virginia Evening Session

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                                                                                                                                                                       Winnie Fox, private citizen
                1  for  the short amount of  time we are here.   Hot just




                2  big  business and people  with money.




                3              For someone to have the audacity to




                4  think that they can improve the gift that, has been




                5  given, leaves me at a loss  for words.




                6              What is going  to be left for future




                7  generations?  When the last hardwood forest is being




                8  trucked out of here, and seeing flat acarred land




                9  where a majestic mountain once stood?




               10              Can you,  the coal companies,  or you the




               11  government, look into the innocent eyes of a child




               12  and  honestly say that you tried to do something good




               13  for  the earth and their  future?  That you didn't




               14  think mountaintop removal was bad for the earth?




               15              We ask that you take an honest and




               16  unbiased look at the government's own research.  They




               17  have proven, without a shadow of a doubt,  that




               18  mountaintop removal and  valley fills destroy our




               19  environment and our future.




               20              We ask that you extend the deadline for




               21  comments on the Environmental Impact Statement, eo




               22  that all people can read, and fully understand the




               23  devastation our own government, our own government,




               24  is permitting to continue.
3-5
                                                  97




 1              Perhaps it  is time that we all  realize




 2  that  we are in this together.  There are




 3  alternatives, and together we ought to succeed  in




 4  making a difference.




 5              Remember the words of a child,  "I  know




 6  that, and I am just a kid."




 7              ME. CH&IRM&H:   It is time that  we  all




 8  take  a five-minute break here.  The two speakers




 9  after the break will be  Minnie Fox,  Carolyn




10  Chajmacki, if she happens to still be here,  and Patty




11  Sebok.




12              Let's take  five minutes, and corae  back




13  in, and if the- speaker is speaking, again, be very




14  quiet.




15              Thank you.




16              {Break.)




17              MS. FOX:  My name is Winnie Pox.   I am




18  from  Huatington, West Virginia, and 1 was born  on the




19  Big Sandy River.




20              I have seen a lot of hideous things in




21  say time, but 1 have never, never seen anything  as




22  hideous as mountaintop retrieval,




23              This state  has  the richest resources and




24  the poorest people.  We  talk about we have no jobs,
                                                                                                            1-9
MTM/VF Draft PEIS Public Comment Compendium
                     B-237
                             Section B - West Virginia Evening Session

-------
                1   our children have to leave this state because there




                2   is nothing here for them.  We educate them and then




                3   bid them good-bye.   They are like refugees.




                4               I am going to calm on down now.  But I




                5   want to read a poem that X wrote about Massey because




                6   J am supposed to restrain myself.  Because I might




                7   incinerate.
                8
13




14
                               "Ode to Massey Coal"




                               "How you xiee energy all wrong




                               You have been among us too long.




                               Everything  you hare been doing  is wrong.




                               You have messed up our rivers,




                               You have messed up our streams,




                               You have messed up our hopes,




                               and you have messed up our dreams.




                               You have blown up our mountains,




                               You have taken our wells,




                               and instead of respecting,




                               You've given us hell.




                               You've been a rotten corporate  neighbor,




                               You've no respect for labor,




                               How we have a monumental job of cleaning




                               up the mess you made,




                               And I've covered for the taxes  you have
                                                               10-1-2
 1              not paid.




 2              The ads  that you running on TV to make




 3              you look good,




 4              but they are not working,




 5              you are  still a corporate hood.




 6              The toxic sludge is so yucky,




 7              that you don't want Kentucky.




 8              Can we recover our losses,




 9              at the E£A office?




10              Stop this deadly World War,




11              He can't stand it anymore.




12              When we  bid you goodbye,




13              there will be no tears in our eyes.




14              Here's to you. Dear Old Massey,




15              you have been a pain in the  .  .  .




16              neck,"




17              These are sacred land, and these are




18  sacred people,  and you ars the regulatory agency for




19  this site, and it is  your sacred duty to protect




20  these mountains and protect these people.




21              Because  if you don't, you will have to




22  answer to somebody for that-  I promise.  And I keep




23  iny promises.




24              Thank you so iftuch.
MTM/VF Draft PEIS Public Comment Compendium
                                                                                   B-238
                             Section B - West Virginia Evening Session

-------
Patty Sebok, private citizen
                                                                  100




                1              MR. CKA.IRM&M:   Carolyn Chajmacki?




                2              AUCISMC1 MEMBER:   They left.




                3              MS, CHAIRMAH:   I  knew he did, but I




                4  wasn't sure  if she did or not.




                5              Patty Sebok.  And then after Patty,  it




                5  will be Janice Nees-s,




                7              MS, SEBOK:  Hello.  My name is Patty




                8  Sebok.  I  am a lifelong resident of Boone County,




                9  West Virginia,




               10              My ancestors also have been here since




               11  the l?00(s.  My father was a coal miner, and my




               12  husband is a coal miner.  So I am not against all




               13  coal mining.  But I am against mountaintap reimoval




               14  mining.




               IS              I keep hearing that mauntaintop removal




               16  mining provides the only good paying jobs in a




               17  depressed  region, and levels out rough terrain for




               IS  future development.  Well MTR mining provides so many




               19  jobs, then why are the coal mining counties the




               20  poorest of the state?




               21              Hame me one mountaintop removal site




               22  that has been developed on the Big Goal River area.




               23  We hear that there is no economic development because




               24  of a lack  of potential development sites.
1-9
 1              Big Coal Kiver area has over 95(OQO




 2  acres of flattened land.   Is this not enough land for




 3  development?  $her6 ar& the development plans for the




 4  land?  What is the percentage of mountaintop removal




 5  sites that are developed from destroyed mountains.?




 S              Boo-ne County  has an economic development




 7  plan, but it plainly states that if an MTR site is




 8  not within a half of a mile of a four-lane road,




 9  the-re will be no development -




10              So on our side, the Big Coal River side




11  of Boone County, there will not be any development.




12              If mountaintop removal mining is so good




13  for cattimmities, why isn't there any mountaintop




14  removal going on in Charleston or South Charleston.




15  la it because ttountaintop  removal impacts the poor,




16  those without power? You  won't see it in the rich




17  communities.




18              Lives are lost, homes destroyed/  and




19  communities devastated.  Plus the loss of our culture




20  when we lose our mountains, and the freedoms that go




21  into our mountains.




22              Deer and bear are being seen in people's




23  yards in the daytime to eat because they are being




24  run out by mountaintop removal.  They have no food.
                                                                                                           10-3-2
                                                                                                           10-2-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-239
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                  Janice Neese, Coal River Mountain Watch
                                                                 102




                1              In the past four years,  I  have seen more




                2  deer coming in my yard to eat grass than I have in my




                3  entire lifetime.




                4              if you think that enforcement of




                5  existing regulations will not be economically




                6  beneficial to continue mining, then go  back to deep




                7  mining,




                8              Deep mining does not cause the problems




                9  that inowtitaintop removal mining does.  Plus, it




               10  provides more jobs,  with much less environmental




               11  impact on communities,  and private property owners.




               12              Last year, my husband was  laid off twice




               13  from the deep mines,  while the moxmtaintop removal




               14  sites were working night and day.




               15              Mountaintop removal mines  does not




               16  provide half as many jobs as deep mines,  but deep




               1?  mines cannot compete with the cheap prices of




               18  Koounfcaintop removal coal.




               19              This KIS study costs the American




               20  taxpayers ~~ yes, the American taxpayers, not just




               21  West Virginia taxpayers -- $8 million,




               22              And it started out to minimize the




               23  potential for adverse effects of mining operations.




               24              So I would like to know how did it coins
                                                                          103




                         1  to foe a streamline permitting process?




                         2               Thank you-




                         3               MR,  CHAIRMAN;  Janice JNfeese.  The next




                         4  speaker will be Chuck Vfrostok.




                         S               MS.  NEKSEt  Mi.  My name is Janice Seese




                         6  and I a.m currently the @xecuti%*£ director of




                         7  Coal River Mountain Match.




                         8               1,  too, am a lifelong West Virginian,  I




                         9  have come from two generations of coal miners.




                        10               For over five years -- the last five




                        11  years -- I have been working very closely with the




                        12  residents of the southern coal fields, fighting the




                        13  environmental,  social, and economic impacts of




                        14  mouBtaintop removal mining.




                        15               It is the hardest job that I have ever




                        16  done in my job,  and I was a teacher for 31 yeara.  So




                        17  that is saying quite a bit.




                        IS               It seems, four long years, we have been




                        19  waiting the results of the study,  hoping that eomsone




                        20  would finally listen.  Unfortunately, you chose not




                        21  to.




                        22               While we were waiting, we ware




                        23  suffering.  While you were studying, we were




                        24  suffering.  It seems that every study is the same
MTM/VF Draft PEIS Public Comment Compendium
B-240
Section B - West Virginia Evening Session

-------
                                                                  104
                1  result.   Ke  expect something good,  and it is always




                2  Something bad,




                3               In the four years that you were working




                4  on this  study, we haTe suffered from --we have




                5  suffered the decapitation of our mountains, and the




                S  dumping  of valley fills into our streams .  We have




                7  suffered air pollution, dust pollution, three




                8  devastating  floods,




                9               We have had sludge dunf>s,  sludge dam




               10  spills,  valley-fill failures, et cetera, et cetera,




               11  et cetera.




               12               And I could take my five minutes telling




               13  you of what  we studied, but that's  not what I 'is going




               14  to do.




               15               I'm going to tell you  that the study




               16  that you released, shames ever-/ member of the




               17  community.   And it deals a death blow to both the




               18  physical environment and human environment in the




               19  eouthern coal fields.




               20               I atn not sure -~ I am  not sure why you




               21  chose to side with the coal industry,  and with their




               22  false economics,1 Maybe, perhaps, you were swayed by




               23  the threat of lost jobs.




               24               I am 67 years old, and I have heard that
                         1  threat  since 1 was six years  old.  I lived through




                         2  it.




                         3              Why does the coal  industry think that




                         4  they are entitled to a job, when  the rest of the




                         5  nation, schoolteachers,  all types of people, have




                         6  lost their jobs?




                         7              Are we out trying  to protect their




                         8  job®?  Have I seen anyone on  this caitiroittee try to




                         9  protect their jobs?  mo.   It  is only the coal




                        10  industry.




                        11              They thiak that  they should take a few




                        12  Jo-tost that they give to a eotnmunifcy, and we should be




                        13  grateful.




                        14              They also tell us  that we are,




                        15  obligated, to provide cheap energy for the nation.




                        16  Well, we don't think so.




                        17              We have no intentions of allowing this




                        18  to continue*  We have no intent ions of seeing our




                        19  conwunities destroyed, our nsoutitairis destroyed, OUST




                        20  heritage destroyed.; everything  that we hold ttsar ia




                        21  destroyed.




                        22              How many people  did  you talk to from the




                        23  southern coal fields when you did this study?  Did




                        24  you interview anyone in the Boon® County area?  Did
                                  1-9
                                  10-2-2
MTM/VF Draft PEIS Public Comment Compendium
B-241
Section B - West Virginia Evening Session

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                                                                                                                                          Chuck Wyrostok, Concerned Citizen Coalition
                                                                106

                1  you interview anybody from the  impoverished counties

                2  of Mingo,  McDowell, Boon®,  parts of Raleigh?

                3               We  didn't se-e you,  He didn't hear from

                4  you.  You know,  when we send in our comments,  we

                5  seriously think  that they are probably not even read.

                6               I would like to talk a little bit, too,

                7  about -~ well, I wanted to say, something else about

                8  what, perhaps, changed your tnind about what you were

                9  supposed to do?  Perhaps you fell prey to the  coal

               10  industry's economists'  point of view.

               11               Let me tell you about the eoonotoy of.

               12  coal.  Coal is -a false prosperity.  It enriches the

               13  few, to the detriment of many.

               14               The motto of coal  is get as much  coal as

               15  you can with the fewest number  of m©n, and fche

               16  greatest amount  of profit,  and  get out, with -~ the

               17  profit --as fast as you can.

               IB               I have seen that three times in my

               19  lifetime,   1 have seen that happen, and nothing is

               20  left behind for  West Virginia,  and nothing is  left

               21  behind for Kentucky.

               22               Finally, I would like to say something

               23  about reclamation.  You know, one of the gentlemen on

               24  that site said that they shouldn't have to reclaim
 10-2-2

13-2
 3-3
 19-3-2
                                                 107

 1  these places because it is difficult, you know,  it  is

 2  difficult to do.

 3              They are required by  law to reclaim

 4  these land sites.  Hothing has been done in Scone

 5  County, for Boons County.   Four percent have b©en

 6  reclaimed, if at  all.

 ?              Shat I a® here to tell you tonight, is

 S  that we are angry, and we w-anted to tell you:  Hell,

 9  no, to your study, aad hell,  no, to wtountaintop

10  removal raining.

11              Thank you.

12              MR,  CHMRMAH;  Chuck  Wrostok,

13              And  then after Chuck, we will  have

14  Marian Miller.

15              MR,  MROSTQK:   My name is Chuck Wrostok-

16  After Chris Hamilton gave his qualifications,  I  guess

1?  I  have to say that I a® not a native West Virginian.

18  But I have been here for 27 years, and I am here to

19  stay.  I am not going anywhere.

20              For  the federalifcies  they are  here

21  tonight, 1 also want to say that I have 40  years

22  experience as a U.S. taxpayer.

23              This EIS report is an unhealthy exaswple

24  of the type of  double speak emanating from
19-3-2
                                                                                                           1-9
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                      B-242
                             Section B - West Virginia Evening Session

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                                                                  108
                                                                                                                                                                              109
                1  Washington,  D.C., these days.




                2               I can understand the delay  in the




                3  release of  such a document.  It has  to be-




                4  embarrassing to setae of the authors.




                5               Who would be proud of a document that




                S  makes such  a strong case for protecting  the




                7  environment,  while recommending a speedier way to




                8  destroy it?




                9               Bo as a taxpayer,  I am  formally




               10  demanding a  refund of the $8 million that you spent




               11  on this.




               12               How if our government was controlled by




               13  the people,  and for the people, we wouldn't be here




               14  today defending our mountains from mutilation?




               15               KQ would not have to deal with the




               16  perverse logic of an EIS report that tells us of vast




               17  environmental damage from tneuntaintop mining, and




               18  then tftak.es  it easier to get permits  to do this very




               19  same damage.




               20               Am I missing something  here?  I mean, I




               21  don't get it, or what?




               22               W» also wouldn't have to deal with the




               23  dark minds  that control the mining industry who would




               24  destroy one  of the world's most diverse  ecosystems
1-9
 1  for the  sake of profit.




 2              If we had a government that was




 3  controlled by the people ™-  there is already a




 4  healthy  mistrust of the Federal government in this




 5  neck of  the woods, and this  EIS report doean't help.




 &              Today, miners,  drivers and their




 7  families, are faced with terrible choices.  They are




 8  teeing asked to transform their woods through hunting




 9  grounds, their fishing streams into barren wasteland,




10  or lose  their jobs.  It is an awful choice.  One that




11  they should not have to make.




12              Many of them were here today.  If you




13  look into the hearts of many of the people here, you




14  will see many of the neighbors, everyday folks like




15  yourselves, thinking about their choice to have a




16  home,  and a decent life In these hills and hollow of




17  this beautiful land; these mountains that God rssade.




18              Some people will say that there will




19  eventually be jobs at Walmarts, and fast-food places




20  on this  reclaimed land,  but  who could live on minimum




21  wage and no benefits?




22              By the way, this "reclaimed land"




23  phrase,  I have a little trouble with.  Where I come




24  from,  we call it a landfill.  It is usually filled
                                                                                                            11-1-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-243
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                                    Marian Miller, private citizen
                                                                  110




                1  with junk,




                2              We all have to work together to find a




                3  way to  keep our mountain heritage and have good jobs,




                4  too,




                5              If federal agencies can bail out savings




                6  and loans associations, if  they can bail out airlines




                7  with billions of dollars of money that come out of




                8  our pockets, then it could  help coal-field people




                9  create  good-paying jofos here in West Virginia.




               10              It is like we  are invisible here,




               11  sometimes.




               12              Federal subsidies could create jobs in




               13  alternative-energy research,  development and




               14  construction, jobs with a future.




               15              Are we to become an energy-sacrifice




               16  zone, because we can't pull together for a more




               17  diverse economic future? Surely we can do better,




               18              How maybe the  Government agencies who




               19  are so  anxious to now cotnmunicate with one another,




               20  could communicate with agencies and see what they




               21  could do about this.




               22              There are plenty of people down here




               23  willing to work.  They need the jobs, they have the




               24  resilience, they have the intelligence, and they have
                                                                          111




                         1  the work ethic.




                         2              We are not about to have this




                         3  government, which is controlled by industry,  destroy




                         4  our way of life,  These Tsountaiiis are not an




                         5  impediment to progress; they are cur soul.




                         6              We reject the premise of having  jobs,




                         7  while devastating our land forever is a good  thing.




                         8  It is a dead-end path,




                         9              As Woody Guthrie put it, This  land is




                        10  our land.  The water, the air, the soil that  sustains




                        11  us.  These are our rights and vital ingredients for




                        12  the conunon cjood of everyone.




                        13              A good Government report would not only




                        14  reflect that, but would find ways to sustain  the




                        15  common good.




                        16              MR. CH&IRM&H:  Sir, you' are out  of titae.




                        17              MR. WYKOSTOK;  Thank you,




                        18              MR. CHAIKMMI:  The asxt speaker  is




                        19  Marian Miller, and then after that is




                        20  Pauline Cantebury,




                        21              May I remind you again, to please adjust




                        22  the raic so that all the people can hear everyone.




                        23              Thank you.




                        24              MS, MILLER:  My name is Marian Miller.
MTM/VF Draft PEIS Public Comment Compendium
B-244
Section B - West Virginia Evening Session

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                                                                  112
                1  I live in Sylvester, in a coal-dust  town that has




                2  surrounded us .




                3               I  am against asountaintop removal.  We




                4  need to protect our water streams,  and our rivers --




                5  God gave us these beautiful mountains,  not to be




                6  destroyed .




                7               I  moved to Boone County in 1951.  There




                8  were coal mines and coal camps along Coal River,




                9  They did not remove the mountain tops years ago, and




               10  it was a bigger demand lor the coal  in 1951 when I




               11  moved to Coal River.




               12              why do they have to remove the mountain




               13  tops now?




               14              This is where our State,  cur Federal




               15  government  needs to make laws, enforce them.  Don't




               16  force people out.  Don't wait until  it is too late




               17  and v;e are washed off.  Act now on  the law.




               18              When I go to bed at night, I do not know




               19  if we are going to be flooded after a heavy rain, or




               20  if an impoundment will break loose.   We do not have




               21  any kind of a warning signal .




               22              I  am between two roost  endangered




               23  impoundments .   One is across the river from me, and




               24  one is five miles up the road.
1-9
 1              Now we think,  Are we going to be washed




 2  down Coal River?  Does anybody here really know?  Ho.




 3              I am not against coal mining, because we




 4  need coal, and we need jobs, but don't destroy our




 5  mountains and communities.




 €              There should be a law of how cloae the




 7  mines are built to a town.  Before the mountaintop'a




 8  removal, and pollution in Coal River, we could awim




 9  in the river, we could fish in the river.  We could




10  take a little canoe ride down Coal River, but they




11  are dammed up the river now, and we can't go




12  nowhere -~ can't fish.




13              In the wintertime, we used to go ice




14  skating.  The Coal River would freeze over.  How what




15  is in our river?  What kind of chemical is in our




IS  river that they do not freeze now?




17              Ifow I have got a little picture here I




18  want to show you, that the people in Sylvester have




19  suffered over a mountainfcop removal.  Eight there,




20  (indicating) is where a stoker plant is put about 300




21  yards from ray home.




22              Sow on the count of all of the coal dust




23  that we are getting from the stoker plant, it has




24  ruined our little town.
                                                                                                            15-2-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-245
                             Section B - West Virginia Evening Session

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Pauline Cantebury, town of Sylvester
                                                                 114




                1              How tny time is almost up, but I jtist




                2  want  to tall one more  thing:  We have  lost cmr




                3  schools, and I feel now that 1 have lost my hams.




                4              My home Is appraised at $144,000.  And




                5  on the count of the coal dust, it is wort $12,000.




                6  It has depreciated. l*his is what I have worked so




                7  hard  on all my life, and it is only worth $1Q,0QG,




                8  not enough to bury me.




                9              My husfoand was is the War,  He fought




               10  for our country; now I am fighting for my home.




               11              1 3M dawn wad.  How they  say we have no




               12  pollution,- they are crazy.




               13              This is what we put up with,
               15              MR.  CHAIRMAN;  Thaftk you, ma'am.




               16              J>lext speaker is Pauline Cantebury.




               1"?              Then the next speaker is Melvin Tyrce.




               18              MS-  CAHTEBUKY;  My name is Pauline




               19  Cantebury, and I  am also from the town of Sylvester,




               20  West Virginia.




               21              Whoever said that we don't have any coal




               22  dust anymore?  Up there in the part of West Virginia




               23  where they say that we don't have any coal dust




               24  anymore -- well whoever said that here tonight, sure
11-3-2
15-2-2
                                                  115




 1  has not been in Sylvester in the last five years.




 2  Because the last five years, the town of Sylvester




 3  has been totally polluted, demolished, destroyed with




 4  coal dust,




 5              This Environmental Iittpact Statement you




 6  have made does nothing for the communities-




 ?              You did not even come  into the




 8  cotsntunities,  you didn't ask us anything.  You didn't




 9  ask us why we were complaining like we were




10  complaining.




11              I want to tell you what it is like to




12  live in the coal field today-  Mountaintop removal




13  mining of coal fields today is massive ruination,  not




14  only to the beautiful Appalachian mountains of West




15  Virginia, but to every creature whose existence




16  depends on these mountains for survival, and to the




17  citizens who live in the valley below them.




18              Much danger and destruction lurch behind




19  a guard shuck, at the mouth of those operations.




20              Explosions that resemble the Atom Bomb,




21  fill the airway with rock duet for  miles away,




22  covering the valley below, and all  those who dwell




23  within, with this deadly stuff,  which causes




24  Bilicosis.
                                                                                                          15-2-2
                                                                                                          3-2
                                                                                                                                                                                       1-9
                                                                                                          15-1-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-246
                             Section B - West Virginia Evening Session

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                                                                  116




                1              Inadetju&ta runoff gonda are built in the




                2  hollows  that break during heavy  rains, hitting walls




                3  of water gushing down the mountains destroying




                4  everything and everyone in its path.




                5              Dams are built up over hollows, holding




                6  millions of gallons of black slurry, loaded with over




                7  60 chemicals and varying degrees of age and erosion.




                8  And seeping into underground mines that are in the




                9  entire past history, threatening valleys and people




               10  below them who have no route to. safety,  Buffalo




               11  Creek and Martin County,  Kentucky, are two good




               12  examples of what will happen.




               13              The first of these  itnpoundments is




               14  released constantly into our streams and rivers.




               15           •   The Big Coal River,  in Eoone County, was




               16  a free-flowing river.  It is now a trickling stream




               17  blocked  at intervals with illegal dams and it is one




               18  of the most contaminated rivers  in the United States




               19  of America, and it is the drinking water supply for




               20  that area,




               21              Illegal substances,  such as rock dust




               22  are disposed of in these impoundments.  Unmarked




               23  tankers  and drums travel constantly into these areas




               24  across our highways,
17-3-2
                                                   117




 1              The dark of night hides many things-




 2  Powdery, black coal dust pours frosi uncovered




 3  structures, placed near residential areas, polluting




 4  the air for miles, destroying citizens'  propertiss,




 5  homes, and exposing everyone to black lung.




 6              The entry in  the year 2000, had a 100




 7  percent higher cancer risk than the Clean water Act




 9  allows.  It is no different today.




 9              The allotted  time period apeak here does




10  not allow enough to tell sill of the vicious acts that




11  are being imposed by the citizens of West Virginia in




12  the southern coal fields caused by mountaintop




13  removal.




14              As a fellow Republican, and with due




IS  respect, I challenge President Bush, and you, the




16  intact committee, to coae  into th& hollows and




17  valleys of, southern West Virginia, and feel the




18  explosions! shake the house that you are standing in,




19  while the walls crumble, and pictures fall to the




20  floor.




21              tod the continuing fear of rock dust




22  falling through the air on your body and breathe it




23  into your lungs.




24              To watch the  sun disappear behind the
                                                                                                            15-2-2
                                                                                                            16-1-2
                                                                                                             16-2-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-247
                             Section B • West Virginia Evening Session

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                                                                                                                                                                         Mel Tyrce, private citizen
                                                                      118




                     1  clouds.  To see  the stress, the streams and rivers




                     2  turn black with  a chemical-layden slurry, or catch a




                     3  fish with holes  eaten into its body from those




                     4  chemicals, and see the animals killed  along the




                     5  highway after being driven from their  habitat.  Then




                     6  show from the odor of the acid runoff  from watching




                     7  the toxic slide  seep from the valley fills where they




                     8  have filled the  valleys,




                     9               Then witness a person dying from




                    10  heraorrhaging lungs, eaten up with coal dust, or a




                    11  Mack-lung victim, gasping for air into his mouth




                    12  clogged with coal dust.




                    13               And see a child panic,  when it rains,




                    14  fearing his home will be destroyed again.  Then leave




                    15  our valley of narrow bridges and unkept highways,




                    16  dodging their car between the mountains, and




                    17  overloaded coal  truck swerving in your lane-  That is




                    18  rnountaintop removal raining living,




                    19               I am a coal miner's daughter, and a coal




                    20  miner's wife. I am now a 73-year-old  widow, who




                    21  worked 45 years  to actjuire the home that I have, but




                    22  now my home is worthless.  My home is  full of black




                    23  coal dust.




                    24               MR. OttlRMRB!  You are out of time.
10-5-2
17-2-2
                                                  119




 1              MS.  CA&TEBlBttT;  My home is  --




 2              Sir,  I  think I have lost enough, if you




 3  can bear with tse this time.




 4              MR.  CH&IRMAH:  I'm sorry, rsa'am.  We




 5  have several people, but whet* you get through, you




 6  can put your comments in the comment box.




 7              MS,  CANTEBURY;  Okay.  Let  me say one




 ft  more thing:  On my worthless house, on the wall, is a




 9  plaque with isatals on it.  The flame metals that




10  Jessica Lynch has on her chest.




11              My husband fought in three  tnajor battles




12  in World War II,  spending 116 days as a  Prisoner of




13  War, in Germany.




14              I am so glad that he is not here today




15  to see the things that he had, for the sacrifices




IS  that he paid, and see hie home like it is today.




17              Thank you.




18              MR.  CHAIRMAN:  Melvin Tyrce.  Then the




19  next speaker will be Bill HcCafoe.




20              MR.  T¥SCE:  My name is Mel  Tyrce and I




21  am a resident of Hurricane, West Virginia,   As long




22  as we are keeping count, ! ana a fifth generation




23  West Virginian,




24              I have  a general comment to make at
MTM/VF Draft PEIS Public Comment Compendium
                     B-248
                             Section B - West Virginia Evening Session

-------
                1  first, and then I have some specific things  about the



                2  EIS.




                3               Let's  be honest here, okay?   Mountaintop




                4  removal is about a  cheap and easy access  to  a




                B  nonsustainable energy source.




                6               it is  riot about redevelopment.  It is




                7  not about future sustainable energy.  It  is  about




                8  cheap and quick access to a nonrenewable  energy




                9  source.  And that is what it is about.




               10               Anyway, I think it is going  to  take a




               11  long time,  but I think we are going to  have  to adopt




               12  a society of permanence,  & sustainable energy,




               13  sustainable economic development.




               14               Prom my perspective,  that  is the




               15  ultimate answer here.




               16               Anyway, that is my first thing,




               17               The second coitiment I  got is;  What would




               18  be the Corps of Engineer's criteria from  deciding




               19  between nationwide  permit, verses  individual permit?




               20               To me, that is the best concern.  The




               21  process would go a  lot quicker with a nationwide




               22  permit,  I  think this is a critical issue that 1 am




               23  not sure is fully defined yet.   I  think it is




               24  something I think we need to look  at.
1-13
                                                   121




 1              The third thing 1 had is;  Will




 2  mitigated or replace wetlands, or waters of the




 3  United States be equal, in terms of the same quality




 4  and functionality, and species of diversity of the




 5  wetlands  that were replaced?




 6              In other words,  are we talking Quality




 7  here,  or  quantity?  That is an important thing,




 8              I am not familiar with the 404 process




 9  of mountaintop removal, but I hare delineated




10  wetlands  for 404 permit process for other industries,




11  and there is a certain amount of accountability there




12  in terms  of quality in mitigated wetlands,  verses




13  quality of a destroyed wetland,




14              I think that is an important




15  consideration,  particularly eorae of these headwaters,




16  is really vitally important for downstream energy




17  budgets.




18              I think that needs to be looked at,




19              The fourth thing I got, I am not sure




20  from looking through ttie KIS if this was ocr/ersd:




21  What are  the long-term impacts to downstream energy




22  budgets from the loss of ephemeral or upper streams?




23              There is a lot of ephemeral aquatic




24  energy sources, the nutrients that are presented frotu
                                                                                                            14-2-3
                                                                                                            14-1-3
MTM/VF Draft PEIS Public Comment Compendium
                     B-249
                             Section B - West Virginia Evening Session

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                                                                                                                                                         Bill McCabe, Citizens Coal Council
                                                                 122




                1  flawing downstream, when these ephemeral streams are




                2  buried.  I am just wondering about  long-term,   20,




                3  30, 50 years down the road,  I am not sure that was




                4  addressed.




                5               The  other comment I had;  How will




                6  Alternative 3 be  financed?  I have  heard some  people




                ?  talk about streamlining, and how we will put this




                8  under one state agency.




                S               I used to work for the DEP, and funding




               10  is something they had very little of.  And 1 don't




               11  understand how this increased responsibility for the




               12  State E>BP, will b* funded, in terms of enforcement,




               13  permit, review, and that kind of thing.




               14               The  State is now strapped for cash,




               15  1 mean, how are the budgets of the  DEI? going to




               16  withstand this nationwide permit process if it is




               17  passed?




               18               It is confusing.




               19               1 believe that is it.




               20               The  last thing -~ God  forbid --




               21  mountaiatop removal continues, I think that we really




               22  have to seriously look at sustainable  replacement  in




               23  terras of economically sustainable development, as




               24  well as environmentally sustainable environment.
14-3-2
1-9
 1               1 have heard people  talk about that the



 2   industry representatives say that they don't have a



 3   crystal ball,  but they seem to.



 4               1 mean, if they are  corainsg out here and




 5   destroying hundreds of thousands  of acres of land,



 6   and burying streams, they must know something that



 7   the environmentalists don't know  in terms of their



 8   impact .




 9               So I don't buy that  as aa excuse for



10   not having the proper language in place before th«s@




11   permits are issued, guarantees about the development



12   of this property.  That has been  a shortfall in the



13   past, and it seems now is the time to correct that.



14   If mountaintop removal is allowed to continue,
15




16




17




18  procedural




19




20
                                                            Thank you.




                                                            MR. CHAIRMAN;  Bill McCabe .




                                                            MR. McCABS:  Can I ask the panel a quick




                                                           pjtestiGn?




                                                            MR, CHAIRMAN;  What would that be, sir?




                                                            Mft, McCABB;  I was «0nderin«{ if there
21  ars  any other citizens of the coal fields that are



22  effected by this horrible tragedy that want to



23  speak?




24              Can I  see hands?
MTM/VF Draft PEIS Public Comment Compendium
                     B-250
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                                    Florence Twu, private citizen
                                                                 124




                1               Okay.   Should it be possible,  sir, that I




                2   yield my time until  you hear from --• I am worried




                3   about ycmr attention span, is what I am worried




                4   about.  And it would be more important for you to




                5   hear from them,  because they are actually taking it.




                6               Can I swap places with the last of the




                7   two speakers that would be anti*mountaintop removal




                8   from the coal fields?




                9               Sure 1  can.




               10               MR. CHAIRMAN:  I would have to mo-ve you




               11   to the bottom of the list, sir.  That is the only way




               12   1 can conceivably do that.




               13               MR. McCABE:  If moving me at the bottom




               14   of the list is after the last person who speaks




               15   against mountaintop  removal.




               IS               MR. CHAIRMAN!  I don't know who speaks




               17   for what.  That would be the only way to do that,




               18   Hither speak now or  move to the bottom.




               19               MS. McCABE:  I am going to yield to the




               20   expertise of the coal fields.




               21               MR. CHAIRMAN:  The next speaker will be




               22   Florence -- I am going to guess -- Twu.  I may be




               23   wrong.




               24               Then the speaker after that will be
                                                                          135




                         1  Abraham,  M-W-A-U-R-A.  1 won't even  try that one.




                         2               Florence IVu.  Then the next speaker




                         3  will be Abraham,  M~W~A-U~S~A,  after  Florence.




                         4               Is Florence here?




                         5               MS.  TWU:  My name is Florence Twu,  I




                         6  grew up in West Virginia, and try family moved to




                         7  Illinois.  This is the first time that I have been




                         8  back to the state for 13 years.




                         9               I didn't come back to see flat grassy




                        10  land, there is enough of that in Illinois-  I came




                        11  back because all of my childhood memories are




                        12  universally tied up with the mountains in this




                        13  state.




                        14               And I affl pissed off, enough to be back




                        15  here working at the Ohio Valley Environmental




                        IS  Coalition.




                        17               I am a student at Harvard, and I can




                        18  speak to you about the economics and the terms of




                        19  amiti-variable calculus, or parts of derivatives in




                        20  coutit theory,  or cost-benefit analyzes,




                        21               But the first thing you learn, in a




                        22  Harvard economics class is that economics gets shut




                        23  out by politics,  and that is exactly what has




                        24  happened in this EIS statement.
MTM/VF Draft PEIS Public Comment Compendium
B-251
Section B - West Virginia Evening Session

-------
Abraham Mwaura, private citizen
                1              An economic study that was prepared to




                2  be part  of the EIS said that  even under the




                3  restrictive scenarios studied by the DEE>,  the




                4  economic cost of dramatically limiting valley  fills




                5  would be minimal.




                6              There's a study  found in the draft EIS,




                7  or was it discarded because the Bush Administration




                8  didn't like the results?  This is called




                S  appeasement.




               10              It is a ahame if you cannot come  up with




               11  an answer that is more humane.  And I can't even




               12  believe  how much I have learned from these people




               13  here.   But I don't need my degree to tell you  that




               14  this is  wrong.




               15              But of my time here, it is just -- I am




               16  going to use tny education to  stop this-  And I think




               17  you are  smart enough to know  that this is not  the




               18  right thing to do.




               19              MR. CHAIRMAN; Abraham -- I am not sure




               20  how to pronounce the last name, M-W-A-U-B-A. (sic)




               21              And then after Abraham, we'll have Jason




               22  Sneed.




               23              |
-------
                                                   128




 1              The coal industry loves, and often says




 2  that raeuntaintop removal only affects one percent of




 3  the state.




 4              In fact, they recently revised that




 5  figure to two percent.   Remember, moimtaintop removal




 6  happens in eouthern Kest Virginia, not in the north,




 7  so it is not the whole state.




 8              Several years ago, CHM reported that




 9  over 20 percent of the land mass  in some county has




10  been subject to mount-aiixtop removal.




11              It is probably more  now,  We're talking




12  about counties like Boone, Logan, and Mingo.  This




13  huge land disturbance obviously creates massive




14  problems.




15              Take tha last few years, flooding, as an




16  example.  But you guys know this, remember?




1"?              Remember that when the coal industry




18  tells you how much it puts into the state in terms of




19  taxes, remember what we pay,  and  pay, and pay, to




20  clean it up.




21              The E1S needs to include a full




22  accounting of all tax subsidies that coal industry




23  gets.  Remember the billion dollar super tax credit




24  that was supposed to create jobs, and instead was
                                                                              1-9
                                                                              11-9-2
                                                   129




 1  used to buy giant machines that replaced loads of



 2  miners ,* remember?



 3              The EIS should have a full accounting of



 4  all of the externalized costs associated with



 5  mountaintop removal,




 6              This industry continues to pit



 7  working-class people against working class people,



 8  while whisking profits  out of state and leaving us,



 9  our children, and our children's children a fiscal,



10  social, and environmental bill that will be



11  impossible to pay.



12              The draft  EIS fails to note the act of




13  environmental terrorism that are being committed



14  right here in Appalachia.




15              Some have  been saying that we need to



16  sacrifice West Virginia's mountains, so that the




17  nation can have cheap energy without relying on



18  foreign sources of energy,



19              Arthur Dennis Surke, using government



20  statistics -- Government statistics ~~ calculated



21  that 2,500 tons of explosives are used against the



22  Appalachian mountains each day.



23              That is every four days more explosives



24  are used in mountaintop removal coal miming that were
                                                                                                                                                                                          11-9-2
MTM/VF Draft PEIS Public Comment Compendium
                                                                                    B-253
                             Section B - West Virginia Evening Session

-------
                                                                                                                                               Connie Lewis, WV Environmental Council
                1  used in the post  911 bombing of Afghanistan in the




                2  hunt for sin Laden.




                3               In the long run,  no amount of bombing of




                4  own our coal fields, will ever give us homeland




                5  security.




                6               In fact, the ironic thing is that this




                7  bombing is destroying our homeland.  But again, you




                8  guys know this, you wrote a report on it.




                9               Our  nation's energy appetite shouldn't




               10  and needn't drive us to justify such massive




               11  cruelties to people and the land that supports us.




               12               There are alternatives.  The World Watch




               13  Institute says that renewable cleaner energy




               14  technology are advanced enough to satisfy the world's




               15  energy needs now.  That is without whole-hearted




               16  government support for research and development in




               17  these technologies,




               18               Just think what we could do if we had




               19  Manhattan Project Org. alternative energies.  World




               20  watch says the main thing lacking in getting




               21  alternative energy in place, is the political Bush.




               22               The  EIS needs to expose Bush




               23  Administration ties to fossil fuel energy industry




               24  and it needs to recommend that we begin a full-scale
                                                                         131




                        1  switch to alternative energy,




                        2              Bring that industry to the coal  fields.




                        3  That way,  we can have jobs, as well as a future.




                        4              MR. CHAIRMAN:  You are out of  time.




                        5              MS. MW&UR&:  Now I dare one of you to




                        6  drink the water that I just put a safe amount of




                        7  Tylenol in over a period of 20, or 30 years,  in a




                        8  nonrenewable resource, our water.  But the  dose of




                        9  selenium that I put in is safe.




                        10              m, C&&1HM&H;  Is Jason Sneed  here?




                        11               (No responee.)




                        12              HR. CHAIRMAN;  Okay, the next  person the




                        13  Connie Lewis.




                        14              Is Connie here?




                        IS              Okay.  Connie will be speaking next and




                        16  after Connie it- will be Paul Kelson.




                        17              MS. LEWIS:  Before I begin my  formal




                        18  remarks,  I have only lived in Best Virginia for 32




                        19  years since 1 finiahsd graduate school at Penn State.




                        20              But 1 married a man whose family has




                        21  lived in the Kanawh# Valley for 220 years.




                        22              I would also like to say that  flat land,




                        23  a good transportation infrastructure, and &




                        24  willingness to work for it, for all that is needed
MTM/VF Draft PEIS Public Comment Compendium
B-254
Section B - West Virginia Evening Session

-------
                                                   132




 1  for economic development,  please explain  to me




 2  Youngstown, Ohio, and Flint,  Michigan,  and many of




 3  the other cities in the west  coast,  from  which I have




 4  hailed.




 5              MR, CHAIRMAN:  Can you speak into the




 6  microphone, please1?




 "?              MS. LEWIS:  In a report prepared for




 8  Kest Virginia Manufacturers'  Association, in 1925, a




 9  book entitled,  "The Tax Problem in Meat Virginia"




10  'Hie conference board said this about land, and I




11  quote:




12              "Land is a common heritage of the human




13  race.  Hence its destruction has always been looked




14  upon as  an insult to the welfare of human society."




15              "Unlike a healthy climate, water supply,




16  and similar assstB which are  owned collectively by




17  the entire community.  The natural resources within




18  the depths of the earth are subject to  appropriation,




19  exploitation, and utter destruction."




20              "Through the operation of  natural




21  proceseees, processes over centuries,  and  centuries,




22  these assets of the human race have been  accumulated




23  for the  benefit of mankind; however,  once depleted,




24  society  has sustained an irretrievable  loss, and
                                                                                                                                                                               133




                                                                                                                             1  future progress  is thereby considerably retarded."




                                                                                                                             2    '          And you have heard many stories  that




                                                                                                                             3  verify that  statement from the conference board.  If




                                                                                                                             4  it was true  80 years ago with the destruction of land




                                                                                                                             5  looked upon  as an insult to the welfare of society,




                                                                                                                             6               It  is certainly true now.   And if it is




                                                                                                                             7  bad for society,  it surely cannot be good for the




                                                                                                                             8  economy,  and it  surely cannot be good for the future




                                                                                                                             9  of West Virginia and it cannot be good for the




                                                                                                                            10  environment,  also known as our life support system,




                                                                                                                            11  or the plants arid animals dependent on the land.




                                                                                                                            12               If  it was true 80 years ago,  that a




                                                                                                                            13  plentiful water  supply was a community asset,  it is




                                                                                                                            14  certainly true now.




                                                                                                                            15              And covering up streams and destroying




                                                                                                                            16  our water wells,  certainly cannot be in the beat




                                                                                                                            17  interest of  the  community.  It cannot be good for its




                                                                                                                            18  economy,  and it  could not be good for its future.




                                                                                                                            19  And of course, it cannot be good for the environment,




                                                                                                                            20  or the plants, and animals dependent on the water




                                                                                                                            21  supply.




                                                                                                                            22               It  is also true that small alterations




                                                                                                                            23  in land,  arid land use, can affect the climate of a




                                                                                                                            24  email space.  Cities, for instance, are warmer than
                                                                                        1-9
MTM/VF Draft PEIS Public Comment Compendium
B-255
                                                                                                                                           Section B - West Virginia Evening Session

-------
                                                                  134
                1  the surrounding rural areas,  and Israel discovered




                2  that planting citrus orchards changed  rainfall




                3  patterns.




                4              So it is also true that removing




                5  mountaintops, and scraping the landa bare, and using




                6  the native hardwood forest,  is probably affecting a




                7  climate,  again, in small spaces.




                8              But I don't think you studied that, and




                9  I think you  should have.




               10              Even farmers, and cjardeners know that




               11  their land can have several different  microclimates.




               12  Destroying seven percent of the forest in this region




               13  also affects the weather in unpredictable ways.




               14              Wouldn't thousands of suddenly treeless




               15  areas impact runoff from flooding?




               16              Oh, you have already discovered that,




               17  the DKP says so.




               18              Given all this,  it only makes aeri.se to




               19  move cautiously and to require stringent regulations




               20  when allowing a company to make a permanent,




               21  \MGorrectable land alteration for a short-term




               22  economic  purpose.




               23              All the alternatives in the EIS prevent




               24  the long-term protection of the land,  and the water,
1-5
 1  and the human and natural  communities dependent upon




 2  them.




 3              The proposals in  the EIS assume that the




 4  problem is with the cumbersome bureaucracy; that is




 5  wrong.




 6              The problem is with the destruction of




 7  the land and the waters.   It should be beneath the




 8  dignity of the professionals in the a-gency, to




 9  participate in the destruction of water supplies.




10              It should fos  beneath the dignity of the




11  Army Corps and the Fish &  Wildlife, and the others,




12  to allow the stream-buffer rule to be cast aside like




13  an outgrown toy,




14              The EIS appears to begin with the




15  predetermined results,  that mountaintop reiwval




16  Kilning should continue unimpeded.  That is not




17  science.  That is politics,




18              To begin with a result, is inherently




19  unscientific.  And anything unscientific should be




20  beneath the dignity of the professionals in thes-e




21  agencies.




22              The report should have supported the




23  stream-buffer rule, should have further limited the




24  size of valley fills, mandate  the reforestations of
                                                                                                             1-5
                                                                                                             1-7
MTM/VF Draft PEIS Public Comment Compendium
                     B-256
                             Section B - West Virginia Evening Session

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Paul Nelson, private citizen
                                                                  136




                1  all sites not  ready for development, protected water




                2  supplies, and  should have supported the people of the




                3  region who must  live with the consequences of




                4  destructive mining practices.




                5              Several hundred thousand  acres sitting




                6  idle indicate  that there is not a viable market for




                7  flat land in these 14 counties.




                8              We  know that the damage caused by




                9  mountaintop removal mining ia widespread, severe, and




               10  destroys communities.




               11              We  know that it is getting worse, not




               12  better and that  too much of southern West Virginia




               13  will be a moon state,  except where it  will be in




               14  metal.




               15              MR. CHAIRM&B:  You are out of time.




               16              MS, &BWIS:  Governmental  efficiency is




               17  proposed in this report.  It sounds as though the




               IS  Federal government is proposing a final solution for




               19  our mountains.




               20              MR. CHAIRMAN:  Paul Nelson.




               21              After Mr. Nelson we are going to take




               22  our last five-minute break,




               23              MR. NELSON:  My name is Paul Nelson and




               24  I live in Boone  County, and I am against mountaintop
1-9
 2              Here I have  a paper that has got  363




 3  issued mining permits,  not counting the ones that are




 4  waiting to be issued -~ pending.




 5              You keep talking about MTR creates




 6  jobs.  Well, actually it  takes away jobs.




 7              I was a deep miner.  If we mined  this




 8  much mineral bone, (indicating) the companies  frowned




 9  in eight-foot coal.   But  if you look along the roads,




10  you can see 4GO~feet plus.  They will go for a seam




11  of coal this big arid make money, now, that don't add




12  up.




13              Talk, about where the economics are at,




14  it is not here.




15              Another thing, we live in the United




16  States.  This flag is what we live under,  and  the




17  Constitution --  it is like I have read, it is  not




18  saying that any one person has the right,  or any




19  certain people to have the power to dominate the




20  whole world with destruction, or give us terrorism.




21  It is supposed to be a free country.  We are not




22  supposed to live in terrorism.




23              These are the kinds of things that we




24  live with in our ovm countries.  Many of you have
MTM/VF Draft PEIS Public Comment Compendium
                     B-257
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                                   Monty Fowler5 private citizen
                                                                 138




                1  been  to Vietnam,  you have seen soldiers lost, and




                2  killed due to booby traps.  Booby traps is  what is in




                3  our mountains.




                •4              what if your kids, or someone  you know




                5  gets  on it, if you do this, you go to jail.  This is




                6  illegal, then why is nothing being clone?




                7              it is so sad.  when I stand up, I pledge




                8  my flag, I do it with pride.




                9              When I am seeing what I am seeing,




               10  working with the few coal companies, the barrens are




               11  doing, they are laughing at this flag.   They may as




               12  well  burn it, as they did in the years that passed,




               13  because it means nothing to them to flagrantly break




               14  the laws that give us this freedom.




               15              What more do we have to do? Me don't




               16  want  to live in Afghanistan, this is our home.  We




               17  have  the richest coal in the United States, here in




               18  Boone County,




               19              They can mine that mine responsibly, and




               20  they  would do it right because it is there, and they




               21  want  it, it is the richest coal.  They can  deep mine




               22  that  coal and put everybody to work that wants to




               23  work,




               24              The mines that I was at was 300-ply.s
                                                                          139




                         1  men, and they could hare used that many more.  20 men




                         2  can run a strip,  and the biggest  part of them don't




                         3  even live in this state.  Because they come in from




                         4  Alabama, and everywhere else.




                         5               On the weekends, their money goes out of




                         S  this state.   It is not right.  So what do we live in?




                         7   We lire in the United States,- we are not a




                         8  third-world country.




                         9               That is all I have to say.




                        10               Thank you.




                        11               MR.  CHAIRM&H:  Thank you.  We will be




                        12  taking a five-minute break.  We do have several more




                        13  speakers, so let's try to get back on time.




                        14               The next two speakers right after the




                        15  break will be Monty Fowler, and Denise Giardina.




                        16               Just take a five-minute break, and hurry




                        17  back as soon as possible.




                        18               Thank you.




                        19               (Five-minute break.?




                        20               MR,  FOWLER;  For the record, you got




                        21  mine right.   Way to go.




                        22               My name is Monty Fowler, I am from




                        23  Huntington,  West Virginia.  No, I have not lived here




                        24  my entire life.
MTM/VF Draft PEIS Public Comment Compendium
B-258
Section B - West Virginia Evening Session

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                                                                  140
                                                                                                                                                                              141
                1              Three observafc ions,  and then two




                2  comments.   First, I used to be a  reporter in a past




                3  life,  and  we had a name for reports like this, we




                4  called them doorstops, because that is the only




                5  useful purpose they should ever serve.




                6              This gentlemen,  is a 4,000-page




                7  doorstop-




                8              Sscauae for one thing, it is misnamed.




                9  You call it EEioun taint op mining, it is called




               10  fBCKuntaintop reisoval.   You need to call it what it




               11  is.




               12              Second,  there were studies done on the




               13  cumulative economic impacts of the proposed




               14  regulations,- where are they?




               15              I paid for them.  I  want them in the




               IS  final  report, because they show that the cumulative




               17  economic impact of regulating raountaintop removal




               18  mining, are minimal.   I want those in the final




               19  report.




               20              Thirdly, the cumulatix-e environmental




               21  impacts are not diacuss-ed in anything other than




               22  vague  generalities that agree that well, mountaintop




               23  removal Mining, might possibly be bad.  Duh.




               24              I know that studies  were done that
11-9-4
9-5-4
 1  looked at the cumulative  economic- impact of




 2  mountaintop removal mining.  They indicated that the




 3  cumulative imp-acts were very great and were




 4  permanent -




 5              I want those studies, and those




 &  conclusions in the final  report-  1 paid for them,-  I




 7  deserve to have them in there.




 8              Two comments:  Number one, none of us




 9  would have to be here tonight if you guys,  OSM, DEP,




10  EPA, Corps of Engineers --  to an extent, Pish




11  & Wildlife -- did your jabs and enforced the




12  regulations that we have  now.  We have wasted $8




13  million because you guys  have let the coal industry




14  do basically what they wanted since probably the dawn




15  of time, certainly before I was on this planet.




16              Kfumber two:   For you coal guys, I have




17  heard several of you speaking during the break, I am




18  happy to provide your evening's entertainment.  I




19  know you think this is a  big joke, and that we are^




20  just here for you to laugh at, but just remember, to




21  us, this is deadly serious.  And in the end, we will




22  win, because we hare better t~shirts than you do.




23              Thank you.




24              MR, CHAIRMAN;  Denise Giardina.  And
MTM/VF Draft PEIS Public Comment Compendium
                     B-259
                             Section B - West Virginia Evening Session

-------
Denise Giardina, private citizen
                                                                  142




                1  then after I>enise, will be Jason Bostio.




                2              MS. GIARDINA:  I  am Denise Giardina.   I




                3  grew up in the coal fields.   I live now in




                4  Charleston.




                5              1 am a lay preacher in the Episcopal




                6  Church,  so this will be a sermon.




                7              I have no illusions about the nature of




                8  this hearing.  It is not a hearing where no one is




                9  listening.




               10              My apologies to you folks,  I stM>uld




               11  say, no one with any power is  listening.  If you had




               12  any power you v;o«ldn * t be here.




               13              This gathering is like a show trial in




               14  the Stalin Soviet Union.  Judgment against the




               15  mountains has already been pronounced and we are just




               16  going through the motions.




               1-7              The Bush Administration has every




               18  intention of allowing the continued destruction of




               19  the Appalachian mountains.




               20              And let me point  out in fairness, that




               21  when I say the Bush Administration, I also mean the




               22  Clinton Administration before  it, and the first Bush




               23  Administration, and the Reagan Administration.




               24              I have come to speak despite the
1-9
                                                  143




 1  scepticism, because I  am called as a Christian to




 2  speak a word of truth  to power.




 3              1 know that most of the power has left




 4  the  room, but some of  it is still back there, and you




 5  gentlemen are in big trouble, so I hope you listen




 6  carefully.




 7              The coal  industry has absolute power, or




 8  so it believes, that God saye neither principalities,




 9  nor  power, can separate us front his love.   God also




10  told us in Romans that the whole creation  will be




11  redeemed.




12              As a Christian, I am told that 1 should




13  not  judge, and yet God does call me to say that




14  judgment has indeed been pronounced.




15              Repentance is still possible,  but living




16  at the expense of others, worshiping money and




17  worrying where it comes from, cursing others with




IS  power, destroying God's creation, these are the ways




19  to eternal death.




20              I say this not as a judgment,  but as a




21  warning.  The way to eternal life lies elsewhere.




22              These f«ountains were the first God




23  created, and if they dare to hold a very special




24  place in his heart, I  would not bffl surprised.
                                                                                                           1-9
MTMA/F Draft PEIS Public Comment Compendium
                     B-260
                             Section B - West Virginia Evening Session

-------
                                                                                                                                             Jason Bostie, West Viriginia Coal Association
                                                                • 144




                1              I say this  to give comfort  to  those of




                2  you who also love these  mountains, because  so often




                3  we despair what has already been lost.




                4              The coal industry is right  about one




                5  thing, and only one thing:  These niountains out there




                6  have not been destroyed,  these mountains still exist




                7  in the mind of God.




                8              And God will restore them,  as  only God




                9  can.




               3-0              To claim that a coal company could put




               11  back God's handiwork,  or that the Government can




               12  regulate it, is blasphemy.




               13              it is to worship before an  idol made of




               14  coal,




               15              One day,  everyone in this room; man,




               16  woman and child, will lie under the ground,  or be




               1?  scattered over the earth.




               18              My faith tells me that Jesus Christ will




               19  return to this earth to  judge the living and the




               20  dead.  There shall be a  new heaven and a new earth.




               21              Those who live by the compassion, to




               22  care for God's world and its creatures,  who have put




               23  their trust in God,, rather than money, will be raised




               24  to new and eternal life.
1-9
                                                  145




 l              Those who have lived lifa  based on




 2  greed, and power and destruction, those who have put




 3  these  things ahead of the love of God,  and. their




 4  fellow human bstngs,  those who destroy  God's




 5  creation, or allow it to be destroyed,  will die




 6  eternally, they will  have only one soul.  And on top




 7  of  their graves, will be reborn in all  of their




 S  glory, the most beautiful mountains that God ever




 9  created.




10              I close  with the words of  the Prophet




11  Amos,  "For woe he that formath the mountains, and




12  created the wind, and declared unto man what is His




13  thought that maketh the morning darkness, one




14  treadeth upon the highest places of the earth, the




15  Lord,  the God, the Host, is his name, and you cannot




16  stand  against him."




17              MR. CHAIRMAN:  Jason BOStlC.




IS              Then after Jason will be Nick Carter.




19              MR. BOSTIC:  Good evening.  I am Jason




20  Bostic, the Regulatory Affairs Specialist for the




21  test Virginia Coal Association.




22              For the  record, 1 am a life-long




23  resident of the coal  fields of West Virginia, having




24  spsnt  most of my life on Cabin Creek, West Virginia.
MTM/VF Draft PEIS Public Comment Compendium
                     B-261
                             Section B - West Virginia Evening Session

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                                                                  146
                                                                                                                                                                               147
                1              Like my colleague,  Mr.  Hamilton, who




                2  spoke to you earlier, I am speaking  tonight to urge




                3  the adoption of Alternative 3.




                4              The 0.8. Army Corps of  Engineers




                5  regulations provide for the issuance of general, or




                6  nationwide permits,  la cases where  proposed




                7  activities are similar in nature,  and have only




                8  minimal,  individual, and cumulative  impacts.




                9              The draft EIS finally provides clear and




               10  convincing evidence that mining has  minimal and




               11  temporary iispacte, and as such,  should qualify for




               12  authorisation under a nationwide Permit 21 process.




               13              For example, the United Technical




               14  Studies tell us that if miniixj were  to continue, even




               ,15  without any of the new restrictions  proposed, the




               16  United states West Virginia will remain one of the




               1?  roost heavily forested states in the  nation.




               18              Other terrestrial technical  studies have




               19  found that mining's temporary disturbance to




               20  West Virginia's landscape.  It is fostering a diverse




               21  bird/animal habitat.




               22              Species that are generally declining in




               23  this state, are found in abundance on mine sites.  If




               24  mining continues at current levels,  only  2;5 percent
1-4
7-5-2
7-3-2
 1  of  the streams in West Virginia will be imp-acted by




 2  mining activities,




 3              Again, this assessment assumes that the




 4  guidelines, and the other measures described ia the




 5  SIS,  will never foa impleiwnted.




 6              Other technical  studies as part of the




 7  E1S,  have also found that valley-fill construction of




 8  mining activities, from adversely impacting streams.




 9              A macrophyt® vertebrate, or bug study,




10  found that streams and valley fills from their




11  headwaters are in good, to very good condition.




12              The same study found that mining




13  activity was not contributing to excessive gtreambed




14  sedimentat ion,




15              A chemistry study found that certain




16  mineral constituents, are generally elevated




17  downstream of valley fills.  But according to the bug




18  study that I mentioned earlier, which shoved field




19  streams to good, to very good streams, the elex^ated
                                              20
21              Even more important,  as far as the KIS




22  is concerned, is the conclusion that any earth-moving




23  disturbance  in central Appalachia  will have similar




24  downstream results, because of  the very nature and
5-5-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-262
                              Section B - West Virginia Evening Session

-------
                                                                                                                                   John Taylor, Ohio Valley Environmental Council &
                                                                                                                                                     West Virginia Environmental Council
                1  geology of  the soil in the area.

                2              An additional advantage of Alternative

                3  3, is that  it ensures the rrtaximum level of public

                4  participation in the permitting process.

                5              The Surface Coal Mining and Reclamation

                6  Act is perhaps the most citizen-friendly law in

                7  existence in the United States today.

                8              Further participation in the permitting

                9  process is  an inherent thsme found throughout both

               10  the statute, and the implementing regulations.

               11              And finally, Alternative 3, would

               12  facilitate  an expedited permitting process for mining

               13  operations  by placing the majority of the

               14  decision-making responsibility, with the agency best

               15  suited to make those decisions, the SMRCA. authority,

               IS              AUDIENCE MEMBER;  V?e can't hear you.

               17              AUDIKSCS MSMBBR:  Time.

               18              E®. BOSTIC: I can do it again.

               19              Thank you.

               20              MR, CHAIRMAN:  Stick Carter.  Then after

               21  Kick Carter will be John Taylor.

               22              IB Nick Carter here?

               23              (Ho response.)

               24              MR. CHAIRMAN:  He spoke earlier, he did.
1-4
                                                 149

 l              John Taylor?

 2              Then after John will be Fred Sampson.

 3              MR. TAYLOR:  John Taylor.   Resident of

 4  Rand, Kanawha County, West Virginia.  1 affl a board

 5  Riember of the Ohio Valley  Environmental Council and

 6  also the West Virginia Environment Council.

 7              ¥QM all are the daddy's and mama's of

 8  this -- I guess this is your vision.  But after

 9  redding it and listening,  I have to quote from Hank

10  Williams, Jr., "If this is the Promised Land, I have

11  had all that  I can stand."

12              Let. me pick up a theme that some of the

13  brothers and  sisters have  talked about,  and that is

14  creation and  spirituality,  and so forth.

15              The last speaker talked about the Book

16  of Ajnos.  One of ray favorite books.  And one of the

17  quotes from there is, "Wos to those who are at ease

18  in Zion."

19              You all are at ea&e in Sion.

20              Waters of righteousness will pour down

21  over you.

22              I want to talk about ssome things that

23  are all written in a book.  First, we will talk about

24  the creation  as described  in the first two chapters
MTM/VF Draft PEIS Public Comment Compendium
                    B-263
                            Section B - West Virginia Evening Session

-------
                                                                                                                                                                  Fred Sampson, private citizen
                1  of  the Book of Genesis.




                2              You all  know this, you go to  Sunday




                3  School, church.  It says, God created everything,




                4  found it good.  In fact, God found it very good.  And




                5  there is mention explicitly of mountains.




                6              The destruction of tnountaintop removal




                7  coal mining, 1 hope you all have seen it.  1 hope you




                8  all understand that each blast is 30 times bigger




                9  than the blast that took out the courthouse in




               10  Oklahoma City.




               11              You do know that, don't you?  I mean,




               12  you did write this.




               13              Paul tells us in Galatians, Chapter XI,




               14  Verse XII.  "God is not mocked."




               15              God is not mocked.




               16              What you all ar@ doing, or approving of,




               17  is  a mockery of God's creation.  You will  reap what




               18  you sow.




               IS              Chris Hamilton, and Mr. Bostic told us




               20  that this will reap dollars in tourism,  and other




               21  commercial benefits.




               22              I aw sorry, Chris, I thought  you had




               23  more depth to you. We are sowing ~~ you are not




               24  going to harvest dollars from tourism.  What do you
1-9
                                                  151




 1  think, do you think  they will come to look at it?




 2              We are  going to reap ~~  we  are reaping




 3  bare dirt, dry rocks, water that is previously




 4  befouled, barren soil, floods; that is what we will




 5  reap.  Because of what is being sowed he^e.




 6              God is  not mocked.




 7              That is what I have to say.




 8              AUDIENCE MEMBER:  Amen.




 9              MR. CHAIRMAH:  Fred Saisjmon.  Then the




10  next speaker is keon Miller.




11              MR. S&MP3GH:  Fred Sampson.  Clay




12  County.




13              We will soon have a 1,734.08 motmtaintop




14  removal line up in Clay County.  Where there has




15  already been approximately 30,000 acres  in Clay and




16  Mingo County, Nicholas County that has been torn up




I1?  by  surface mining,




18              I am totally opposed to  the method of




19  moiintaintop removal  raining.  This SIS seems to be a




20  sham in that it tells about all o£ the devastation




21  caused by mountaintop removal mining. And yet there




22  are alternatives that they are going  to  let it




23  continue.  That is not consistent.




24              We expect our Federal agencies and our
                                                                                                           1-9
                                                                                                           1-5
MTM/VF Draft PEIS Public Comment Compendium
                     B-264
                             Section B - West Virginia Evening Session

-------
                                                                  152
                                                                                                                                                                             1S3
                1  state agencies to be consistent.  W© also,  citizens




                2  of  Hast Virginia, believe  in holding folks




                3  responsible,




                4              You all are responsible and so you will




                5  be  held responsible.




                6              West Virginians are provided by our




                7  Constitution, the right to pursue life, liberty and




                8  happiness, without fear of:  a., having their houses




                9  blown off their foundations,- b., 'having their water




               10  supply destroyed; c.,  children unable to play in




               11  yards, due to blasting be  allowed within 700 feet of




               12  a home, yet no miner with  a hard hat, is allowed




               13  within 1,000 feet of blasting; d,, flooding washing




               14  away all of our possessions, as well as human life;




               15  e,, fear of all of the above,




               IS              Fear, being the most important,




               17              If you ha*ye ever lived with fear,  you




               18  know what I am talking about.  If you haven't lived




               IS  with fear, you should sometimes be afraid.




               20              Previous speakers have told you why.




               21              The EIS calls for more protection that




               22  the current administration and King Coal has.




               23              Where will us citizens get the full




               24  level of protection promised in our National
1-9
 1  Constitution.  We asked you all to do it-



 2              We suspect it  from you.



 3              toy mine this large, as large as this



 4  one  involved, should be allowed within lQO~£eet



 5  buffer zone of our streams, and should not be



 6  allowed.



 7              Any miniag done within 100-foot buffer



 8  zone of streams is illegal, at present,  and should



 9  remain illegal.



10              Friends of Coal are here this evening,



11  and  the ones that are present, and others, they  are



12  friends of death and the destruction, caused during,



13  and  after the mining of coal,



14              Coal, when you burn it, goes up into the



15  air, and causes acid rain  and asthma, and other



16  things.



17              I atn 73-years-old, I carry this at  all



18  times because of the air I am breathing.



19              One of the last things that I want  to



20  talk about off the top of  my head, is that I am



21  totally uncomfortable when I am in flat country.  I



22  can't hardly stand western. Texas, or Illinois,



23              Mountains are my horn®, the trees on our



24  mountains are my protection, my coffl-f ort.  I don't
                                                                                                            5-7-1
                                                                                                            10-5-2
                                                                                                            10-6-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-265
                             Section B - West Virginia Evening Session

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Leon Miller, private citizen
                                                                 154




                1  believe  that I can live in flat country.   Ke don't




                2  need anymore flat country here in West Virginia,  We




                3  need to  leave the mountains the way they are.




                4              I appreciate you coming,




                5              Thank you.




                &              MR. CHAIRMAN:   Leoa Miller.




                7              Then after Mr.  Miller will be




                8  Larry Gardner.




                9              MR. MILLER:   Hi.  1 am Leon Miller.  I




               10  am from  Hipley, West Virginia.




               11              My home is originally Boojie County, my




               12  wife's family lives in Lincoln County, right near the




               13  Hoebet 21, Massey mine,




               14              We have watched them for 20 years,




               15  they've  worked all the way around us.  $e have




               16  endured  it,




               17              And our understanding, the home place




               18  was left to my wife's father, and his seven brothers




               19  and sistere.  And we understood that it was going to




               20  be a meeting place that could never be sold.




               21              Well, our family found out something




               22  different that we didn't know, so he went to Florida,




               23  and he went to Kentucky,  and he went to Illinois, and




               24  he found people that was willing to sell.
10-6-2
11-3-1
                                                  155




 1              So X am  sure that there is not five




 2  people in this audience other than a coal company,




 3  knows what a partition is.  When they get one -- all




 4  they have to do is get one person to sell, and then




 5  they c-an force the rest -- they can fores it into the




 6  courts, and then the  Judge decides in whose best




 7  interest it ia.




 8              Well,  they have got two-thirds of it,




 9  The rest of it stood  standing.  And we stood still,




10  The fact of the matter is that my wife and I bought




11  it as soon as our cousins were 
-------
Blair Gardner, private citizen
                1  whole life  savings working on it.




                2              we don't know whether we are going to




                3  win it or not.  I always thought  that if you paid




                4  your taxes  and lived right,  that  life was fair.




                5              Life is not fair.  The coal company and




                6  the big business is running this  country.  And they




                7  have ruined this country.




                8              All we need is some  help.  We need some




                9  help.  We need some help from you people.  He are all




               10  going to live for a while,  and you think we are going




               11  to live like this forever,  but we're not.  One of




               12  these days,  we are going to answer.




               13              I have got to answer for mine, and I




               14  don't have  to look back too much  for my answers.  1




               15  hope you don't.




               16              Thank you.




               17              MR. CHAIRMAN:   Blair Gardner.




               18              And then Slaine Purkey.




               13              MR. -GARDNER t  Mr.  Chairman/ good




               20  evening. My name is Blair Gardner.  I am an attorney




               21  here in Charleston, West Virginia, with the law firm




               22  of Jackson  & Kelly.




               23              I live here in Charleston,  I have




               24  resided here for two years.   I have worked on various
11-3-1
 1  aspects of this document this evening that  we are,




 2  commenting on.  Both with my present employment, and




 3  previously with my essployment with a major  coal




 •4  company, that have mining operations here in. Hest




 5  Virginia.




 S              1 do not have prepared remarks.  I can




 7  tell you that I cannot speak with the eloquence of




 8  some of the speakers,  such as, MB. Giardina this




 9  evening.  But I will try to make ray remarks at least




10  more temperate than some that I have heard  from




11  members of the audience.




12              Members of the panel, contrary to what




13  some people here this evening have thought,  th® EIS,




14  as  you know, is dedicated to a process.   It was not




15  dedicated to an outcome.




16              We have spent four years,  millions of




17  dollars, I aoi certain.  We have had a study that I




18  believe I have been told weighs 38 pounds.




19              Surely, if the process of mining by full




20  extraction method is as destructive as so many people




21  here have described; why would it take so many psges
                                             23              The reason is because it is  not




                                             24  destructive in the way that people have described it.
MTMA/F Draft PEIS Public Comment Compendium
                     B-267
                             Section B - West Virginia Evening Session

-------
                                                                   IS*
                3.               We  have found two significant,  perhaps,




                2  consequences,  of this  form of mining that has been




                3  studied-   One,  that thftre is a change in the




                4  distribution of  population of certain insects in




                5  streams bslow valley fills,




                6               Second, as people have noted,  there  is a




                7  difference in the water chemistry.  In some cases, it




                8  does not  comply  with current Clean Water Act




                9  standards-  That is it .




               10               Se  have spent four years, and millions




               11  of dollars to learn what X think people probably  knew




               12  prior to the time that this study began.




               -13               It  is time to end the process.   It is




               14  time to come to  conclusions.  The mining industry in




               15  West Virginia has been told at nauseam is that it is




               16  a corspat i t ive industry competing not only for the




               17  minea,  elsewhere in the region, tout elsewhere across




               18  the United States,




               19               Over tins  last four years, the industry




               20  in this state hast been subjected to standards not




               21  applied anyplace else  in the United States,   The




               22  industry is prepared to accept the outcomes of the




               23  BIS.




               24               We  prefer Alternative 3,  in terms of the
1-4
 1  process, but it is time to bring this  to a close.




 2  Give the companies that are attempting to mine coal,




 3  clear process and standards that they  can meet and




 4  let them get on with the business of mining coal.




 5              As it has already been stated, the




 6  process for permitting mines is op*an to challenge




 7  repeatedly throughout the process.




 8              If people here this evening, or others,




 9  who oppose it, do so; they have the opportunity




10  afforded by the law and have been afforded for the




11  last 25 years.




12              One final eorasent,  one of the companies




13  that currently mines coal in West Virginia last too-nth




14  announced that it was making a major investment in




IS  acquiring new operations in Wyoming,




16              t*he amount of money that  has been




17  announced in that transaction,  ia about the amount of




18  money, I believe, it. would take to capitalize the




19  Bruce Fork mine that was closed by the first




20  litigation in Bragg vs. Robins-on,  that was commenced




21  here in U.S. District Court,  back in 1998.




22              1, for one, am disappointed that that




23  investment has gone out west,  and not  here to west




24  Virginia,
                                                                                                             1-4
MTM/VF Draft PEIS Public Comment Compendium
                     B-268
                             Section B - West Virginia Evening Session

-------
Elain Purkey, private citizen
                                                                  ISO




                1               I have known many,  many people here in




                2  the industry in West Virginia,  who have worked.  The




                3  one thing that I can observe about all of them is




                4  they want a job, but they want  it here in




                5  West Virginia.  Let's bring this process to a close,




                6  and try to accomplish that.




                7               Thank you very much.




                8               ME. CHAERM&K:  Elaine Purkey,




                9               The next speaker will be Sharon Murphy.




               10               MS, PURKBY:  .My name is Elaine Purkey,




               11  and I am from Lincoln County, West Virginia.




               12               1 would like to answer one of the




               13  questions? that he just asked.  What if we spent four




               14  years,  and millions of dollars  doing?  Trying to call




               15  a pure hell,  heaven, that is exactly what we haire




               16  tried to do.




               17               That is what it was s&t out to do it was




               18  trying to call mountaintop removal something that it




               19  wasn't,  and they have tried it  they have done it four




               20  years.   It was supposed to have been two years, and




               21  they changed it to four.




               22               On paper it looks  real good.  The facts




               23  look real good on paper, but all of these people dtwn




               24  here are living proof that it doas not work,  what is
                                                                           161




                         1  on that paper does not work,




                         2              They are living  in the hell that those




                         3  numbers on the paper create every day.  And they fear




                         4  for their lives every day.




                         5              I did not come here to say that, but I




                         6  do want to say that I do disagree with ~- I want to




                         7  Tote against -- if there is any such thing as




                         8  voting -- active Alternative  3.  &nd nsy reason for it




                         9  is because the coal .industry  is £or it, and my 33




                        10  years of experience with mining, is that if anything




                        11  is good for the industry,  it  is bad for the people.




                        12              I was asked to come here to sing a




                        13  song.  I know thafc you have heard poems and stuff.  I




                        14  wrote the song for Larry Gibson.  And I want to give




                        15  this song to ~~ in addition to him, to Frieda




                        16  Williams, the people at Coal  River Mountain Watch,




                        17  and all of you other people out there who really,




                        18  really, believe that we are the keepers of cur




                        19  mountains.




                        20              And now,  since you people are here,




                        21  supposedly doing the job that Janet read -- or one of




                        22  the other ladies read ~- that you are supposed to be




                        23  doing, you are the keepers of the mountains, too,  and




                        24  this is a message that we the people have for the
MTM/VF Draft PEIS Public Comment Compendium
B-269
Section B - West Virginia Evening Session

-------
                                                                                                                                                                Sharon Murphy, private citizen
                                                                 162




                1  industry, and anybody else who coities  in here to rape




                2  West Virginia.




                3              "In southern West Virginia.




                4              The place where I was born,




                5              .There's something evil happening,




                6              There's something evil going on.




                7              They are tearing up our  mountains,




                S              They are taking ax-fay our hills.




                9              They are taking all of our homeland,




               10              and making valley fields.




               11              When will they stop this destruction?




               12              Oh,  when will they ever  leave?




               13              Just go back to where they carae from,




               14              let us live in our mountains




               15              and be £ree-




               ls              We are the keepers of the mountains,




               17              As Larry Gibson has said,




               18              Love em, leave em, but I warn you,




               19              Don't destroy them,




               20              or leave them for dead.




               21              Cause we will hunt you down




               22              like outlaws.




               23              We will expose you for what you are.




               24              Greedy, thieving imirclerers,
1-9
                                            11  Pitfter.
                                                                                              1*3




                                                            who buy and sell our law-making liars,




                                                            &cw the moral of my story,




                                                            Just listen to what I say,




                                                            We will protect oar home,




                                                            our mountains,




                                                            you can do' the same,




                                                            or you had better stay away."




                                                            Thank you.




                                                            MR. CHAI&H&H:  Sharon Murphy.




                                                            Then after Sharon it will he Maria
12              MS.  fdRPHY;  Hello.   My name is




13  Sharon Murphy,  and 1 live in Scot  Depot,




14  West Virginia.




15              And  1 just wanted to  say that I am from




16  a third generation of coal mining.  Like my father




17  and grandfather,  we had to go underground.  Due to




18  education and technology, my job deals with computer




19  drafting,




20              With that job,  I have worked for the




21  coal companies for about 14  years.  In that time,




22  I worked mainly in the engineering department,




23              I know firsthand that the coal industry




24  is the only one that is required to provide a service
                                                              1-9
MTM/VF Draft PE1S Public Comment Compendium
                     B-270
                             Section B - West Virginia Evening Session

-------
                                                                  164




                1  long after they  are through with their jobs.  The




                2  service is called reclamation.  Soniething  that we




                3  have not heard much about here tonight,




                4               Before we get a permit approved, we have




                5  to submit a parmlt application.  In that application,




                6  there is one thing called a Planting Plan,  and that




                7  trsust be approved by all State agencies.




                8               In  that plan, it tells us what kind of




                9  trees that we can plant, how many of these species we




               10  must plant,  what kind of grass mixture we  must seed,
               12               Our water discharge is regulated through



               13  anti-depth,  and TMBli laws.  Some of the most current



               X4  laws,  are Contemporaneous Reclamation,  that requires



               15  us to reclaim closer to the actual mining, and that



               16  in turn,  decreases the amount of disturbed land, at
               18               Our valley-fill sizes have been




               19  decreased by more stringent AOC Standards,  which is




               20  Approximate Original Contour Standards.  We must




               21  cosily with SMRCA regulations, which stands for




               22  Surface Kater Runoff Analysis.  That means  that there




               23  cannot be incur® runoff during, or after that mining




               24  process than what vas recorded before that  mining
1-11
                                                   JSS




 l  began, -.




 2              With these many facts and all of the




 3  State and Federal regulatory agencies that monitor us




 4  every day, how can the people here assume that we are




 5  not  environmentally safe.




 6              One other thing I would like to state is




 7  that I  currently live in Putnam County.  I have only




 8  been there four years.  I  v;as born and raised in




 9  southern West Virginia, and I know firsthand about




10  the  rugged terrain.  I know about the brush, I know




11  about the briar thickets that are there.




12              I witnessed a surface mine that came




13  into our area, they created jobs, they told us we had




14  30 years of raining there,  but because of your-all's




15  regulations, and because the small profit margins




16  that company made, I was laid off after three years,




17              I had to pull my kids out of that:




18  community, start them in a new school, arad start a




19  new  Ufa in this Putnam County,




20              Yes, it was hard to leave my family, but




21  I didn't have a choice.  But you know what?  We




22  should  never sacrifice environmental safety for




23  economic growth.




24              I go back and visit my family every
                                                                                                             1-11
MTM/VF Draft PEIS Public Comment Compendium
                     B-271
                             Section B - West Virginia Evening Session

-------
                                                                                                                                                                      Maria Pitzer, private citizen
                                                                 3,6*8




                1  chance  I get.  They are an hour and & half from




                2  Charleston, over an ho-ur from Huntington,  and there




                3  is nothing there for recreation except that surface




                4  raine that was left.




                5              Today there has been people who have




                6  purchased land on that surface mine from that coal




                7  company.  They have built homes, pasture fields full




                8  of cattle, full of horses.  We ride 4-wheelers.  I




                9  horseback ride on the hollows, every chance I get,




               10  He snow sleigh ride in the wintertime.




               11              How, that is the devastation that these




               12  people  want you to feel like that we are doing.




               13              I am here to say that I want to work,  I




               14  want to provide for my family, and I want to continue




               IS  to live in this state.  That is all 1 ask you all to




               16  give,




               17              I help pay the taxes that give you




               18  yeur-all's jobs, base those jobs on facts and




               19  statistics, and not the emotion that is out there in




               20  this room tonight,




               21              That is all I aw asking.




               22              Thank you for your time,




               23              MR. CHAIRE4AN;  Maria Pitzer.




               24              Then after Maria, will be John Barrett.
                                                                          167




                         1              MS.  PIT&ER:  Sharon,  you need to coi&e to




                         2  my house.




                         3              My name  is Maria Pitzer.   I am from




                         4  Boone County, West  Virginia.









                         6  and a 9-year-old girl.




                         7              MR.  CH&IRM&H;  Please speak into the




                         8  mi c,




                         9              MS.  PXTZRRt  We are from Bob White in  -




                        10  Boone County, West  Virginia.  I have two children, a




                        11  9-year old girl,  and  a 12-year-old boy.




                        12              We are against monntaintop reinoval.   We




                        13  arts a family that lives in the constant shadows of




                        14  raountaintop removal valley fills and slurry ponds.




                        IS              The mining around u& has destroyed our




                        16  quality of life.  The blasting from the rainea is a




                        17  constant reminder of  why our lives have changed so




                        18  much.  My children  are not allowed to play in the




                        19  water that runs through our property, because the




                        20  pood is running straight into it;.




                        21              The aquatic life in this stream is all




                        22  but gone.   Catching fish --or catching bait,  or




                        23  fishing, is a waste of. time.   How there isn't




                        24  anything to catch.
                                  1-9
                                 10-4-2
                                 5-1-2
MTM/VF Draft PEIS Public Comment Compendium
B-272
Section B - West Virginia Evening Session

-------
                                                                  1SS




                1              Who can say with the upmost certainty




                2  that  this will not endanger my children' health?




                3  You,  the panel of people that say that what the mine




                4  companies are doing is okay?  You have not yet been a




                5  trustworthy source, at all.




                S              I have lived on this sams property for




                7  35 years, in the same town, with the s^me people-




                8  And they are all saying the same thing, mountaintop




                9  removal is going to run us out.




               10              We were flooded in 2001, three times.




               11  In 2002, we were flooded again.




               12              In 2003, we were flooded horribly.




               13              The storms was what the mine companies




               14  called once in a 100-year of storms,  I heard it. was




               15  an act of God,  That is like saying that the Buffalo




               16  Flood was an act of God.




               1"?              I remember when I was  a child, it rained




               3.8  until I was running in water to my  knees in the same




               19  yard that washed in.  The very,  identical, aame yard,




               20  35 years ago.  Same amount of water.




               21              Why didn't these cataatrophic floods




               22  happen then?  Why are they happening now?




               23              Mountaintop removal is why.




               24              If you poured water onto a rock, it is
10-5-2
17-2-2
 1  going to roll off.   If  you pour it into dirt,  it  is




 2  going to absorb.  Common sense tells me that,




 3              The flood  on June USth, ruined our




 4  life.  The rains caiae down the hollow, cotnintj through




 5  our property.  It rose  so fast that we didn't  have a




 6  chance to get away from it.  we were trapped in e^ery




 7  direction.




 S              The river  running by me was still clear




 9  and the hollow washing  into  this river was raging.




10              1 was beinsy flooded by a stream that




11  three years ago, before this stripping started, I




12  could step o^er,




13              Kithin three hours after it started




14  raining, I had lost everything that I had.  The mud




15  slide tore through iny barn,  my orchard of fruit




IS  trsas, with one of my dogs tide out.  The water and




17  mud came so fast, that  S didn't get a chance to get




18  my dogs out.  My dog, of eight years, died,  &




19  horrible death, might I add.




20              As the water continued down and filled




21  five-foot culvert that  had just recently been put in




22  in 2001, this was in there from 1981, until 2001, a




23  three-foot culvert.  When -we replaced it, we replaced




24  it with a five-foot culvert  thinking that this would
                                                                                                            17-2-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-273
                             Section B - West Virginia Evening Session

-------
                                                                                                                                    John Barrett, Appalachian Center for the Economy
                                                                                                                                                                           and the Environment
                X  help.

                2              The mud slide cams in,  it  plugged up the

                3  five-foot  culvert, and the water washed around the

                4  five-foot  culvert,  it took out my septic system, it

                5  took out my  access, it took out my water, it took my

                6  yard,  it took my driveway; it took everything.

                7              Okay,  it did atop 20~fe»t short of my

                8  house,   I  have sinkholes  around trty house that you

                9  could fit  a  50-gallon barrel down in,

               10              As of right  now, my house  is okay.  My

               11  home,  when I look out rny  window, it ia  destroyed.

               12              Our life, as we have always known it, 10

               13  now nonexistent.  Hikes through our own property, is

               14  now unsafe,  due to the miaing breaks, and slides,

               15  coming in  behind usr.

               16              The heritage that 1 had grown up

               17  knowing, will no longer be passed cm.   It is not

               18  there to pass on; it is being destroyed with each

               19  blast,

               20              Everyone who has had a hand in allowing

               21  this mine  practice to continue is guilty of allowing

               22  the heritage of the people of the Stats of West

               23  Virginia to  be just wiped out, faded away.  If that

               24  is okay with you.  That is not okay with me by no
10-2-2
                                                 171

 1  tneans,

 2              I  am of Cherokee nationality,  and we

 3  have always been taught to live off of the  land.

 4              MS, CHAX!U<1&!3;   You are out of  t ime.

 S              MS. PITZER;  Okay.  I have one more

 6  statement:   If  you can sleep with yoursslves, theti 1

 7  ain't got no choice but to stay up with the storm, do

 8  1?

 9              Thank you for destroying fnin©  and my

10  children's life,

11              MR. CHAIRMRK;   John Barrett,   Then after

12  John will be Lisa Milliniet,

13              MR. BARRETT:  Thank you.  My name  is

14  John Barrett, an
-------
                                                                  172




                1  demonstrates  the devastating environmental  impacts of




                2  mount-aintop removal, while simultaneously proposing




                3  to make permits for  these mines easier to receive.




                4               These agencies appear to be operating in




                5  an environment where they believe they are  beyond




                6  accountability.




                ">               The draft EIS audaciously tells us that




                8  down is up,  and up is down, and dares the public to




                9  chal1enge them.




               10               The Bush Administration has done  its




               11  best to undermine the good scienc'e and economic




               12  analysis that was performed by scientists and




               1.3  economists,




               14               When the Clinton Administration started




               IS  the BIS process, it  was by no means slanted towards




               16  environmental interests.




               17               Indeed, raany in the environment of the




               18  community did not want to settle the Bragg  lawsuit,




               19  because they  didn't  trust the Clinton Administration




               20  to stand up to the coal industry in West Virginia,




               21               Little  did we know than just how  bold




               22  the Bush Administration would be in its attempt to




               23  warp the scientific  and economic analysis in favor of




               24  the coal industry.
4-2
                                                   173




 1              A draft EIS is  a dishonest document.




 2  Those  who wrote it are raotivated riot by science, or




 3  the  desire to coisplete a thorough economic analysis




 4  of MTR.  Instead,  they are motivated by the coal




 5  industry.




 6              For instance, we understand that Steven




 7  Guiles, Deputy Secretary of  the  Department of the




 8  Interior, played a significant role in the design of




 9  the  document.




10              Mr. Guiles is a former, and no doubt




11  future, coal industry lobbyist,   He should have




12  recused himself from the process based upon its




13  conflict of  interest.




14              We move beyond  the  point where the




15  administration is influenced by  coal industry




16  lobbyists.   The Bush Administration coal regulators




17  are  the coal industry.




18              The destructive effects of mountaintop




19  removal coal mining are well documented in the over




20  30 scientific studies contained  in the draft EIS.




21              So, it is astounding that the draft BIS




22  proposes not only to allow more  of this destruction,




23  but  also to  make it easier for the coal industry to




24  continue to  destroy the environment, and the economy
                                                                                                             1-5
MTM/VF Draft PEIS Public Comment Compendium
                     B-275
                             Section B - West Virginia Evening Session

-------
                1  of central Appalachian.




                2              The draft BIS misrepresents the adverse




                3  economic  impacts, the environmental  impact, of a




                4  rtiountaintap  removal operation.   Attempts to skirt the




                5  clear requirements of $fEP&, and willfully excludes




                6  and ignores  the economic evidence that  support




                7  stricter  environmental controls.




                8              The studies clearly demonstrate that




                9  mountaintop  removal valley-fill coal mining is




               10  already caused extensive ecological  harm.




               11              A few of these harms include impacts to




               12  an estimated 11,5 percent of the region's forests,




               13  which are the most diverse and valuable hardwood




               14  forests in the world.




               15              Fundamental damage to the  terrestrial




               16  environment  that would prohibit the  growth of mature




               17  forests for  100 years, -or more.




               18              Buried or damaged over  1,200 miles of




               13  streams,




               20              MTR operations spew selenium into the




               21  region's  rivers and streams at toxic levels.




               22              MTH causes headwater streams to lose




               23  their abilities to maintain their nutrient cycling.




               24              MTR adversely impacts the  total aquatic,
11-9-2
1-9
                                                   175




 1  genetic diversifey of the nation,




 2              MTR harms 244  vertebrate-wildlife




 3  species due to loss of forests.




 4              MTS causes ecologically significant loss




 5  of  breeding habitats for three-fourths of the




 6  interior bird &peci«s.




 7              MTR increases  the severity of dangerous




 §  flooding that vx>uld damage  personal property and




 9  communities downstream from inountaintap- removal coal




10  mining,




IX              These facts substantiate what citizens




12  have  long known mountaintop removal coal mining la




13  devastating to the environment, and to the




14  communities in the coal fields.




IS              I am running out of time.




16              The document violates NBPA.  The BIS




17  does  not include a reasonable range of alternatives.




18  HSPA  requires that an EIS rigorously explore, and




19  objectively evaluate, all reasonable alternatives.




20              In addition, the BIS does not present




21  valid reasons for the elimination of proposed




22  alternatives from detailed  analysis.




23              The EIS assumes that changing the stream




24  buffer-zone rule is part of even the "Ho Action"
                                                                                                            1-9
                                                                                                            4-2
MTM/VF Draft PEIS Public Comment Compendium
                     B-276
                             Section B - West Virginia Evening Session

-------
Lisa Millimet, private citizen
                                                                 176




                1  Alternative.  The EIS fails  to address,  or remedy




                2  violations of the Clean Water Act,




                3              The BIS must  remedy violations for




                4  selenium pollution.




                5              The IS IS cannot  legally adopt any




                6  alternative that would allow the use of  nationwide




                7  permits,




                8              Thank you,




                9              MR. GHAIRMAH:   You are out  of time, sir.




               10              MR. 8AR&ETT:  Thank you.




               11              MR. CHAIRMAN;   Next speaker is Lisa




               12  Millimet,  And then the following speaker after that




               13  would be Bill HcCabe,




               14              MS. MILLIMET;   Good evening,  I didn't




               15  mean to speak here.  I didn't even mean  to come here




               16  tonight,  I am visiting a  friend in Button.




               17              My name is Lisa Millimet,  and I am a




               IS  £iltti!p0Jcer, and a writer, and a documentarian from New




               19  Hampshire,




               20              1 just want to  say thank God for the




               21  emotion in this room.




               22              I think everybody sitting out here knows




               23  that this could never happen in a town like I come




               24  from.
5-5-1
                                                  17?




 1              You all  would have b«en run out on a




 2  rail.  You would never have been allowed into my




 3  town.




 4              Because  I live in a town with money, and




 5  so-called education,  and no history of exploitation.




 6  And 1 thank the people all in these seats, and 1 give




 7  you my incredible and full rssps-ct. and empathy.




 8              Know that this is because West Virginia




 9  has been being raped  for over 100 years.  If you




10  study the history of  West Virginia,  you will




11  understand that.




12              I live in the town Leonard Bernstein




13  wrote "Kestside Story" in, arid a playwright wrote




14  "Our Town" about George Milder.




15              It is a  rich town.  It is a town where




16  people are educated arid have organic food.  West




17  Virginia's so-callesd  poor, and ignorant.




18              But I will tell you, I have been coming




19  to this state for 3S  years, and the finest people




20  that I have ever mst  have been in West Virginia.




21              I have been writing a book about We^t




22  Virginia and the last of the old-time mountain people




23  for 8 years, and it is goixxj to be published next




24  year.  And I made a short documentary for Larry
                                                                                                           10-2-5
MTM/VF Draft PEIS Public Comment Compendium
                     B-277
                             Section B - West Virginia Evening Session

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                                                                                                                                                          Bill McCabe, Citizens Coal Council
                1  Gibson about isiountaintop removal,




                2              I was run off  and threatened with my




                3  life on that mountain,  and  I w&s run off at 70 miles




                4  an hour, doan 11 miles of a mountain.  And it  has




                rj  effectively ended that documentary.  Because,  I don't




                6  want to di© for this,  to tell you the truth.




                ?              I will just say that in my travels




                8  around the states in my 35  years, in my documentary




                9  work in this wonderful state, almost invariably




               10  everyone haa told me,  all of the people in the




               11  hollows, the mountains,  the cities and the towns,




               12  that they are against mountaintop removal.




               13              The thing that I noticed that I want to




               14  shars with all of you,  whether you have any power or




               15  not,  I want it said for the record; that like  the




               16  Vietnam War, and so many people  from West Virginia,




               17  were valiant to fight in that war.  But like that




               18  war,  this will be stopped.




               19              And it is not  because of the emotion




               20  only, it is because that is what happens.  That is




               21  what happens when people are exploited.  You can only




               22  keep them down so long,




               23              And it is not  a question of religion* or




               24  my opinions, that is what happens.
1-9
 1              The people will rise up,  tnany of these




 2  mountains will be gone, many of the people in this




 3  room will be deed by the time it is stopped, toufc it




 4  will stop.  And yau would be wise, you would be wise




 5  to pay attention to the people that I  hear in and out




 6  of this state.




 7              I have shown my film around the country,




 8  and there will be critical mass at some point.




 9              It is money.  It is business, as usual,




10  and it is disgusting.




11              MR, CHAIRMAN:  Bill McCatae.




12              MR. NtcCABE:  1 am Sill McCabe,  1 am the




13  Appalachian organizer for Citizens Coal Council, and




14  I  am speaking for Citizens Coal Council,  at least the




15  initial part of tny remarks.




16              I was talking with a fellow the other




17  day in Kentucky, who made a comment that really




18  struck home to me-  He said, it doesn't seem to




19  matter what w© expect from the Government, they




20  successfully score beneath our expectations.




21              Congratulations, you all  have done it




22  aorain.




23              The CCC leaders, and our  membership




24  groups, were not naive enough to hope  that the draft
MTM/VF Draft PEIS Public Comment Compendium
                     B-278
                             Section B - West Virginia Evening Session

-------
                1  HIS would tell  the truth, that rnountaintop removal




                2  and valley fill is simply too destructive to be




                3  allowed to be considered a responsible way to mine.




                4               it may be the cheapest for the




                5  companies,  but  it is environmentally,  socially,




                6  psychologically, and, yes, economically -- it is




                7  siisply too expensive to allow it to continue,




                8               Even though CCC never expected a




                9  truthful analysis, we were enough of Americans, and




               10  probably naive  enough to believe that we could trust




               11  our government  when they negotiated with us.   When




               12  they promised to conduct a study that would be




               13  thorough and effective.  When they negotiated and




               14  promised that the studies would look at ways to




               IS  reduce the damage.




               16               Again, you underachieved.




               17               Your research was so contradictory to




               18  President Bush's agenda, or probably to Bill Rainsy,




               19  and the economists agenda, that some of the most




               20  important fact  sources and analysis were simply




               21  ignored.




               22               I  apologize, one of the advantages of




               23  being last is that you are going to expect some




               24  applause because you are last, and people get to  go
1-9
                                                   181




 1  home, but the disadvantage of  goiag  last is that many




 2  of  the  coniHients that you worked hard to make, have




 3  already been made.  It just points out the importance




 4  of  these commfflnts.'




 5              It is siaiply beyond tny  comprehension how




 6  a group of highly paid bureaucrats can write a report




 7  that  simply does not have any  logic  to it.




 8              Your science says one thing, and your




 9  conclusions say another.  Well,  I asu act sure for CCC




10  and our mtsftifeer groxips why we bother.  Probably




11  b&cauE® ws are orejatiiz'ers and  eternal opt insists,  So




12  I would simply suggest a fourth option.




13              That option is to enforce the laws that




14  have  existed for 25 years.  Strictly enforce the




15  laws, and if you do that, there will be no




16  mountaintop removal, because it will be too expensive




17  to  use  that method.




18              The reosainder of  my time I would like to




19  use to  speak individually, and have  that reflected.




20              A lot of (By family has  b&en in M&st




21  Virginia ~ ™ as niany people have mentioned - - a long




22  time.




23              Growing up, I had the privilege to




24  travel  the country, and whether it was California, or
                                                                                                             1-10
MTM/VF Draft PEIS Public Comment Compendium
                     B-279
                              Section B - West Virginia Evening Session

-------
                                                                  1*2
                                                                                                                                                                              183
                   Hew York, or South. Carolina,  I was  always the poor,

                   dusibass  hillbilly, because I  was from West Virginia.

                               But being stubborn,  that didn't bother

                   me.  I have always been proud to be a West Virginian,

                   I have always bfeen proud to be from the mountains of

                   Appalachta.  But never, never, have I been so proud

                   of So many people who spoke so eloquently and so

                   bravely  againet this horrible bunch of crap.

                               Thank you.

                               ME. CHAIRMAN:  I would like to thank

                   each of  you for coming this evening and presenting

                   your comment s.

                               I have no more cards,  no more speakers.

                               But if you do have coraments that you

                   would like to make, remember we have the cosiment box

                   out back.  The written comment period does not close

                   until August 29th.  So you will still have time to

                   submit thoee if you like.

                               Thank you all for coming this evening.

                   Please be careful going home.

                               Thank you.

                                (Public hearing concluded.)
                         1  STATE OF WEST VIRGINIA,  To-witi

                         2         I, Michele G.  Hankins, a Notary public and

                         3  Court Reporter within and for the State aforesaid,  do

                         4  hereby  certify that the hearing was taken by me and

                         5  before  me at the tint* and place specified in the

                         6  caption hereof,

                         7         1 do further certify that the hearing was

                         8  correctly taken by me in stenotype notfes,  that the

                         9  same was accurately transcribed out in full and

                        10  reduced to typewriting,  and that said transcript is a

                        11  true record of the testimony.

                        12         I further certify that I am neither attorney

                        13  or counsel for,  nor related to or employed by, any  of

                        14  the parties to the action in which these proceedings

                        15  were had, and further I am not a relative or employee

                        16  of any  attorney or counsel eisployed by the parties

                        17  hereto  or financially interested in the action.

                        18         My commission expires the 29th day of December

                        19  2003.

                        20         Given under tnv hand and seal this 28th day of

                        21  August.

                        22

                        23                         Michele G. Bankins
                                                   Ifetary Public
                        24                         Court Reporter
MTM/VF Draft PEIS Public Comment Compendium
B-280
Section B - West Virginia Evening Session

-------

-------
                        Section B Index
                         Alphabetical  Order
Kentucky Afternoon Session	
Doris Brewer, private citizen	
Bill Caylor, Kentucky Coal Association	
Earl demons, private citizen	
Jeff Coker, facilitator, Kentucky afternoon session, opening comments.
Leslie Combs, private citizen	
David Creech, private citizen	
Leonard W. Davis, private citizen	
Joe Evans, private citizen	
Harlan, Jr. Farler, private citizen	
Bernie Faulkner, private citiezn	
Harry Fields, private citizen	
Steve Gardner, private citizen	
Don Gibson, private citizen	
Bill Gorman, mayor of Hazard	
Mike Hansel, private citizen	
Gary Harned, private citizen	
Jimmy Jackson, UMWA and Local 5 890	
Paul Johnson, private citizen	
Rick Johnson, private citizen	
Roger Jones, private citizen	
Lawrence Joseph, Jr., private citizen	
Michael Joseph & Columbus Heath, private citizens	
Everett Kelly, private citizen	
John Ledington, private citizen	
Paul Lyon, Mineral Labs, Inc	
Paul Matney, private citizen	
Dave Mockabee, private citizen	
Keith Mohn, private citizen	
Meg Moore, Kentuckians for the Commonwealth	
RebecaMullins, private citizen	
Donald Rex Napier & John Blankenship, private citizens	
Russell Oliver, private citizen	
             Brian Pattern, Starfire Mining Co	B-50
             Robbie Pentecost, Catholic Committe of Appalacia	 B-44
             Ben Perry, private citizen	«	B-56
             Carl Ramey, private citizen	B-26
             John Rausch, Catholic Diocese of Lexington, KY	,	B-47
.. B-2        Charles Reed, private citizen	B-25
.B-37        Larry Roberts, private citizen	B-21
...B-8        Bennett Sawyers, private citizen	B-ll
.B-38        Dink Shackelford, Virginia Mining Association	B-6
...B-3        Ackra Stacy, private citizen	B-35
.B-53        Lonnie Starns, private citizen	B-12
. B-49        Paul David Taulbee, private citizen	B-18
.B-16        David Wilder, private citizen	B-43
.B-41        Andy Willis, private citizen	B-52
.B-13        Tom Wooton, private citizen	B48
.B-27        Robert Zik,TECO Coal	B-46
.B-17
. B-29        Kentucky Evening Session ....—.—	B-61
.B-30        444, private citizen	B-99
.B-34        ElishaAbner, private citizen	B-108
.B-54        Ted Adam, private citizen	B-81
.B-23        Levon Baker, private citizen	B-98
. B-52        Kathy Bird, Save Our Cumberland Mountains	B-90
.B-55        Brace Blair, private citizen	B-85
.B-42        Charles Blankenship, private citizen	B-92
.B-15        Teri Blanton, Kentuckians for the Commonwealth	B-76
.B-22        Brent Boggs, private citizen	B-96
.B-36        Simmy Ray Bolen, private citizen	B-124
. B-46        J-W. Bradley, Save Our Cumberland Mountains	B-89
.B-13        Gregory Burnett, private citizen	B-87
.B-60        Bill Caylor, Kentucky Coal Association	B-117
. B-32        Jeff Coker, facilitator, Kentucky evening session, opening comments	B-62
.B-14        Jessie Collins, private citizen	B-70
.B-20        Ruth Colvin, Kentuckians for the Commonwealth	B-66
. B-58        Lisa Conley, private citizen	B-87
. B-10        Dave Cooper, Kentuckians for the Commonwealth and the Sierra Club	B-73
.B-12        James Detherage, Twin Energies	B-1Q5
.B-40        Doug Dorfeld, Kentuckians for the Commonwealth	B-93
             Phillip Estep, Miller Brothers Coal	B-104
MTMA/F Draft PEIS Public Comment Compendium
                                                                       Index—Section B

-------
Charles Everage,B&C Trucking	B-115
Steve Gardner, private citizen	B-106
Rocky Gay, private citizen	B-84
Dewey Gorman, Hazard Coal Corp	B-102
Betty M. Hagen, Kentuckians for the Commonwealth.	B-66
Wesley Harvey, private citizen	B-122
Anthony Jones, private citizen	B-96
Kaseana Jones, private citizen	B-76
Tom Jones, East Kentucky Corp	B-101
Dan Kash, Kentuckians for the Commonwealth	B-f&
Larry Keith, private citizen	B-122
Daniel Mongiardo, state senator for Perry, Bell, Harlan, and Leslie Counties	B410
Randall Moon, private citizen	B-69
Amanda Moore, Appalachian Citizen Law Center	B-79
Denny Noble, county judge for Perry County	B-105
Michael Riley, private citizen	B-94
Jim Sidwell, private citizen	B-97
Brandon Smith, state representative, 84th	B-lll
Lyle Snider, Kentuckians for the Commonwealth	B-78
Fitz Steele, private citizen	B-119
Maynard Tetreault, private citizen	B-71
Patty Wallace, Kentuckians for the Commonwealth	B-67
Randy Wilson, private citizen	B-120
Joyce Wise, Kentuckians for the Commonwealth	B-75

West Virginia Afternoon Session	 B-126
Andy Ashurst, private citizen	,	B-167
Lee Barker, private citizen	B-167
Terry Brown, private citizen	B-162
Wayne Coleman, private citizen	B-148
Mike Comer, private citizen	B-180
Benny Dixon, private citizen	B-179
Jeremy Fairchild, Fairchild International	B-165
Liz Garland, West Virginia Rivers Coalition	B-144
Bob Gates, private citizen	B-182
Corky Griffith, private citizen	B-183
Wesley Hall, private citizen	B-137
TedHapney, United Mine Workers of America (UMWA)	B-135
Jack Henry, private citizen	B-152
Warren Hilton, private citizen	B-186
Nelson Jones, Madison Coal Supply	B-181
Karen Keaton, private citizen	B-162
Larry Keith, private citizen	,	B-169
SandiLucha, private citizen...	B-145
Luke McCarty, private citizen	B-175
Randy McMillion, private citizen	B-161
John Metzger, private citizen	B-159
Jeremy Muller, West Virginia Rivers Coalition	B-138
Ed Painter, private citizen	B-184
Bill Rainey, West Virginia Coal Association	B-132
Cindy Rank, Friends of the Little Kanawha (FOLK)	B-140
William Runzon, private citizen	B-178
Natalie Spencer, private citizen	B-157
Fitz Steele, private citizen	B-173
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC)	B-142
Mark Taylor, chairman, West Virginia afternoon session, opening remarks	B-128
Mike Vines, private citizen	B-164
Doug Waldron, private citizen	B-163
Carol Warren, WV Council of Churches	B-150
Robert Wilkerson, private citizen	B-171
Diana Wood, private citizen	B-154
Frank Young, West Virginia Highlands Conservancy	B-146

West Virginia Evening Session		B-189
John Barrett, Appalachian Center for the Economy and the Environment	B-274
Lawrence Beckerle, private citizen	,	B-216
Julia Bonds, private citizen	B-214
Jason Bostic, West Viriginia Coal Association	B-261
Pauline Cantebury, town of Sylvester	B-246
Nick Carter, Natural Resource Partners &
Kent DesRocher, private citizen	B-209
Larry Emerson, Arch Coal, Inc	B-201
Janet Fout, Ohio Valley Environmental Coalition (OVEC)	B-229
Monty Fowler, private citizen	B-258
Winnie Fox, private citizen	B-237
Blair Gardner, private citizen	B-267
Denise Giardina, private citizen	B-260
Larry Gibson, private citizen	B-225
MTM/VF Draft PE1S Public Comment Compendium
                                                           Index—Section B

-------
Scott Gollwitzer, private citizen	.'	B-199
Bill Gorz, Earth First	B-2G3
Chris Hamilton, West Virginia Coal Association	B-197
Connie Lewis, WV Environmental Council	B-254
Randall Maggard, Argus Energy	B-212
Julian Martin, WV Highlands Conservancy	B-226
James Maynard, private citizen	B-231
Larry Maynard, Delbarton Environmental Community Awareness Foundation .. B-222
Bill McCabe, Citizens Coal Council	B-278
Bill McCabe, Citizens Coal Council	,	B-250
Pam Medlin, private citizen	B-236
Leon Miller, private citizen	B-266
Marian Miller, private citizen	B-244
Lisa Millimet, private citizen	B-277
Michael A. Morrison, private citizen	B-213
Sharon Murphy, private citizen	B-270
Abraham Mwaura, private citizen	B-252
National Council of Coal Resource	B-2Q5
Janice Neese, Coal River Mountain Watch	,	B-240
Nanette Nelson, Coal River Mountain Watch	B-219
Paul Nelson, private citizen	B-257
Mary Ellen O'Farrell, West Virginia Environment Council	B-196
Maria Pitzer, private citizen	B-272
Bill Price, Sierra Club of Central Appalachia	B-234
Donna Price, Coal River Mountain Watch	B-232
Elain Purkey, private citizen	B-269
Fred Sampson, private citizen	B-264
Patty Sebok, private citizen	B-239
John R. Snider, Arch Coal, Inc	B-207
Vivian Stockman, Ohio Valley Environmental Coalition (OVEC)	B-223
John Taylor, Ohio Valley Environmental Council &
West Virginia Environmental Council	B-263
Mark A. Taylor, chairman, West Virginia evening session, opening comments .. B-191
Florence Twu, private citizen	B-251
Mel Tyrce, private citizen	B-248
Frieda Williams, private citizen	B-233
Chuck Wyrostok, Concerned Citizen Coalition	B-242
                         Section B Index
                           Transcript Order

Kentucky Afternoon Session [[[ B-2
Jeff Coker, facilitator, Kentucky afternoon session, opening comments .............. B-3
Dink Shackelford, Virginia Mining Association	B-6
Bill Caylor, Kentucky Coal Association	B-8
RebecaMullins, private citizen	B-10
Bennett Sawyers, private citizen	B-ll
Lonnie Starns, private citizen	,	B-12
Donald Rex Napier & John Blankenship, private citizens	B-12
HarlanFarler, Jr., private citizen	B-13
John Ledington, private citizen	B-13
Dave Mockabee, private citizen	B-14
Roger Jones, private citizen	B-15
Leonard W. Davis, private citizen	B-16
Harry Fields, private citizen	B-17
Paul David Taulbee, private citizen	B-18
Keith Mohn, private citizen	B-20
Larry Roberts, private citizen	B-21
Lawrence Joseph, Jr., private citizen	B-22
Gary Harned, private citizen	B-23
Charles Reed, private citizen	B-25
Carl Ramey, private citizen	B-26
Bernie Faulkner, private citiezn	B-27
Steve Gardner, private citizen	B-29
Don Gibson, private citizen	B-30
Paul Matney, private citizen	B-32
Bill Gorman, mayor of Hazard	B-34
Ackra Stacy, private citizen	B-35
Michael Joseph & Columbus Heath, private citizens	B-36
Doris Brewer, private citizen	B-37
Earl demons, private citizen	B-38
Russell Oliver, private citizen	B-40
Joe Evans, private citizen	B41
Rick Johnson, private citizen	B-42
David Wilder, private citizen	B43

-------
Robbie Pentecost, Catholic Committe of Appalacia.
Everett Kelly, private citizen	
Robert Zik,TECO Coal	
John Rausch, Catholic Diocese of Lexington, KY....
Tom Wooton, private citizen	
David Creech, private citizen	
Brian Patton, Starfire Mining Co	
Jimmy Jackson, UMWA and Local 5890	
Andy Willis, private citizen	
Leslie Combs, private citizen	
Mike Hansel, private citizen	
Paul Johnson, private citizen	
Ben Perry, private citizen	,
Meg Moore, Kentuckians for the Commonwealth ...
Paul Lyon, Mineral Labs, Inc	
 .B-46
 .B-46
 .B-47
 .B-48
Kentucky Evening Session	„	
Jeff Coker, facilitator, Kentucky evening session, opening comments
Betty M. Hagen, Kentuckians for the Commonwealth	
Ruth Colvin, Kentuckians for the Commonwealth	
Patty Wallace, Kentuckians for the Commonwealth	
Dan Kash, Kentuckians for the Commonwealth	
Randall Moon, private citizen	
Jessie Collins, private citizen	
Maynard Tetreault, private citizen	
Dave Cooper, Kentuckians for the Commonwealth
and the Sierra Club	
Joyce Wise, Kentuckians for the Commonwealth	
Kaseana Jones, private citizen	
Teri Blanton, Kentuckians for the Commonwealth	
Lyle Snider, Kentuckians for the Commonwealth	
Amanda Moore, Appalachian Citizen Law Center	
Ted Adams, private citizen	
Rocky Gay, private citizen	
Bruce Blair, private citizen	
Gregory Burnett, private citizen	
Lisa Conley, private citizen	
J.W. Bradley, Save Our Cumberland Mountains	
Kathy Bird, Save Our Cumberland Mountains	
..B-50
..B-52
..B-52
..B-53
..B-54
..B-55
..B-56
..B-58
..B-60

.B-61
.B-62
..B-66
..B-66
..B-67
..B-69
..B-69
..B-70
..B-71

..B-73
..B-75
..B-76
..B-76
..B-78
..B-79
..B-81
..B-84
..B-85
,.B-87
..B-87
,.B-89
-B-90
Charles Blankenship, private citizen	B-92
Doug Dorfeld, Kentuckians for the Common wealth	B-93
Michael Riley, private citizen	B-94
Brent Boggs, private citizen	B-96
Anthony Jones, private citizen	B-%
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-102
Phillip Estep, Miller Brothers Coal	B-104
James Detherage, Twin Energies	B-105
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	B-l 10
Brandon Smith, state representative, 84th	B-lll
Charles Everage, B & C Trucking	B-115
Bill Caylor, Kentucky Coal Association	B-117
Fitz Steele, private citizen	B-l 19
Randy Wilson, private citizen	B-120
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
Bill Rainey, West Virginia Coal Association	B-132
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
MTMA/F Draft PEIS Public Comment Compendium
                                                                        Index—Section B

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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	B463
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 Gollwitzer, private citizen	B-199
Larry Emerson, Arch Coal, Inc	B-201
Bill Gorz, Earth First	B-2Q3
Nick Carter, Natural Resource Partners &
National Council of Coal Resource	,	B-206
John R. Snider, Arch Coal, Inc	B-2Q7
Kent DesRocher, private citizen	B-2G9
Randall Maggard, Argus Energy	B-212
Michael A. Morrison, private citizen	B-213
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
Julian Martin, WV Highlands Conservancy	B-226
JanetFout, 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
Elain Purkey, 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
MTMA/F Draft PEIS Public Comment Compendium

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