This news story originally provided by The State Journal

Coal Operators Restoring More Streams Than Required, Official Says

Story by Beth Gorczyca Email | Bio

HUNTINGTON – The four coal companies whose valley fills are being challenged in federal court cleaned up and restored more streams than they legally had to, a mine permitting official with the U.S. Army Corps of Engineers testified Friday.

Three environmental groups — the Ohio Valley Environmental Coalition, the West Virginia Highlands Conservancy and the Coal River Mountain Watch — sued the corps in federal court, alleging the agency failed to properly enforce the Clean Water Act when granting permits for valley fills at four large mountaintop mining operations.

The environmental groups said the corps only requires its scientists and program managers to conduct cursory environmental assessments to determine whether valley fills will have a significant impact on wildlife and habitat instead of conducting much more intensive and in-depth environmental impact statements.

Valley fills are created when rock and rubble covering coal seams are removed and placed in nearby ravines. Environmental groups allege the practice chocks off the headwaters of streams and causes long-term damage to the environment.

But corps officials said they don’t have the money or manpower to do the additional studies required in environmental impact statements. Corps officials also said requiring those additional studies would add months, if not years, to the permitting process.

During Friday’s testimony, Virginia “Ginger” Mullins, regulatory branch chief for the corps’ Huntington Division, said the Black Castle, Laxare, Republic No. 2 and Camp Branch surface mines all restored more streams and waterways than current regulations require. All four mines are in southern West Virginia and all are owned by subsidiaries of Massey Energy Co.

Mullins told lawyers that at the Black Castle mine in Boone County, the corps determined that valley fills at the mine site would impact more than 18,000 feet of intermittent and ephemeral streams. The corps’ regulations required the company to create, restore or enhance the same amount of waterways as part of its approved mitigation plan.

But in the end, Mullins said the mine company restored more than 30,000 feet of streambeds, waterways or headwaters.

“At this site, we’re seeing restoration at a 2-to-1 ratio rather than the 1-to-1 ratio mandated, right?” asked Cynthia Morris, an attorney for the corps.

“Yes,” Mullins replied.

But Joe Lovett, an attorney with the Appalachian Center for the Environment and the Economy, questioned whether it’s right for the corps to allow mining companies to restore one stream in exchange for filling in another. The Appalachian Center for the Environment and the Economy is partnering with EarthJustice to represent the three environmental groups in the lawsuit.

“Surely you aren’t suggesting that stabilizing a river bank is equivalent to filling in a stream forever, are you?” he asked Mullins.

Mullins replied the only way to measure mitigation is the 1-to-1 ratio until the corps approves new standards.

For every one foot of waterway or one acre of wetland damages, one foot of waterway or one acre of wetland needs to be created or restored.

“We try to keep the mitigation at the project are or at least in the region,” she said.

Friday marked the fourth day of the trial, which now is expected to last until at least the middle of next week.

The outcome of the trial could have a huge impact on the state. The mines employ 600 people earning an average of $60,000 a year. The mines also could produce 40 millions tons of coal -- or about one-fourth of the total coal produced in the state.