Local Mines Could Close

Murray fights EPA over refuse site and salamanders

By PAUL GIANNAMORE
ALLEDONIA — Ohio Valley Coal Vice President Robert E. Murray said denial of the company’s application for a new refuse impoundment could lead to the closure of two local coal mines, but the Ohio Environmental Protection Agency maintains the new impoundment could endanger the natural habitat of fish and a rare form of salamander.

Ohio Valley Coal Co. plans to challenge the OEPA’s proposed denial of the company’s application for the new impoundment — saying the decision could lead to the loss of up to 11,000 jobs.

Murray said the impoundment area is vital to continuing operations at the Powhatan Mine No. 6 in Belmont County and the American Energy Corp. Century Mine in Monroe County.

“Simply put, the two largest coal mines in the state of Ohio, producing 50 percent of the coal in the state, will be forced to permanently close if this Ohio EPA decision stands,” Murray said. “This means 1,000 miners and up to 11,000 jobs depending on mining positions, $100 million per year in beneficial impacts to the state and 50 percent of the coal holding down electric rates from Ohio will be lost.”

The OEPA issued the denial April 24 and said the move was supported by the Ohio Division of Natural Resources.

Ohio Valley Coal wanted to impound Casey Run, a tributary of Captina Creek in Belmont County.

Chris Korleski, OEPA director, said, “Ohio Valley Coal has failed to demonstrate that construction in the Casey Run watershed will not result in the degradation of designated aquatic life habitat use of Casey Run. Additionally, Casey Run flows into Captina Creek, an exceptional warm water habitat, and the company has failed to demonstrate that the designated aquatic life habitat use for Captina Creek can be maintained and protected.”

Murray contended OEPA maintained a demand to find another impoundment even though independent studies have shown there are no other acceptable locations and the company and outside experts had done an extensive analysis before choosing the Casey Run location. He said neither the proposed denial nor a joint news release by the OEPA and ODNR acknowledged the study.

The Belmont Soil and Water Conservation District recently said the Captina watershed is home to 52 fish species, including what is believed to be the only reproducing hellbender amphibian population in Ohio. A hellbender recently was discovered near the Sammis power plant in the Ohio River.

The coal firm also said OEPA ignored the company’s Comprehensive Surface Waters Mitigation Plan, which would assure existing uses and water quality will be maintained and protected in compliance with applicable federal and state environmental standards. The company said Korleski failed to apply the requirements of law directing him to consider the impacts of his decision.

Michael O. McKown, Murray Energy Corp.’s general counsel, said the OEPA instead “decided to rely upon generalities and ambiguities in the law to terminate longstanding coal mining operations without regard to a balance of environmental values and economic realities. Is it any wonder the economy of Ohio continues to experience disproportionate adverse impacts, while decision-makers at the Ohio EPA ignore the economic well-being of its citizens?”