EC December 2009

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19 discussions

Fwd: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Relate
by James Kotcon 11 Dec '09

11 Dec '09

Does anyone know if someone from the Club is fling comments on this? We are nearly a third of the way through tthe comment period, and it would be good to know someone is on top of this. JBK ---------- Forwarded message ---------- From: Buckley, Richard W. "Rick" <rbuckley(a)osmre.gov> Date: Wed, Dec 9, 2009 at 5:49 PM Subject: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Related Rules To: "danny(a)seac.org" <danny(a)seac.org> Subject: OSM Announces Opportunity to Comment on Options for Revisions to Stream Buffer Zone and Related Rules On November 30, 2009, OSM announced the publication in the Federal Register of an advance notice of proposed rulemaking requesting comment on alternatives for revising the stream buffer zone rule and other rules related to protection of streams. The stream buffer zone rule determines under what circumstances coal mining may be conducted in or within 100 feet of a perennial or intermittent stream. This proposed rulemaking reflects commitments contained in a June 11, 2009, memorandum of understanding (MOU) among the Department of the Interior, the Environmental Protection Agency, and the Army Corps of Engineers to reduce the harmful environmental consequences of Appalachian surface coal mining. The MOU identifies the stream buffer zone rule and our regulations concerning approximate original contour as two rules that we will consider revising. In the notice, we describe options that we are considering for revision of the stream buffer zone rule and other related rules. We invite you to comment on those options, to suggest other options, and to identify other provisions of our regulations that should be revised to better protect the environment and the public from the impacts of surface coal mining nationwide. Until rulemaking is completed, OSM has institutedImmediate Stream Protection Measures ( http://www.osmre.gov/guidance/docs/StreamProtectionMeasures.pdf )to protect streams. OSM is seeking comments on the proposed rulemaking. Interested persons may submit comments through the Federal e-Rulemaking Portal: www.regulations.gov ( http://www.regulations.gov/ )under the Docket ID: OSM-2009-0009. The public may also submit comments by mail or courier addressed to: Administrative Record (MS 252), Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue NW, Washington, DC 20240. Please include the Docket ID with all comments sent my mail or courier. The comment period closes on December 30, 2009.

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Developing wind power not easy task
by Frank Young 11 Dec '09

11 Dec '09

Friday December 11, 2009 Developing wind power not easy task by George Hohmann Daily Mail Business Editor http://www.dailymail.com/Business/200912100805 CHARLESTON, W.Va. -- West Virginia is the third-largest producer of wind power in the eastern United States, but as a judicial decision in Maryland this week shows, developing the resource isn't easy. New York is the leading wind energy producer in the East. As of April 30 New York had 1,274 megawatts of installed capacity, followed by Pennsylvania with 366 megawatts and West Virginia with 330 megawatts, according to the U.S. Department of Energy's National Renewable Energy Laboratory. Two wind projects are currently operating in West Virginia - the 66-megawatt Mountaineer Project in Tucker and Preston counties, which went online in December 2002, and the 264-megawatt Mount Storm Project in Grant County, which was completed in August 2008. Construction of a third project, the 100.5-megawatt Beech Ridge Wind Farm in Greenbrier County, began earlier this year. But the $300 million project was dealt a setback on Tuesday when U.S. District Judge Roger Titus halted it, citing potential harm to the federally endangered Indiana bat. Titus ordered the project halted until Beech Ridge and Invenergy, its corporate parent, obtain a permit from the U.S. Fish and Wildlife Service. Titus also said the company cannot operate any of the project's 40 existing turbines between April 1 and Nov. 15, when the bats are migrating. The project is designed to have a total of 122 turbines stretching over 23 miles. John Stroud, co-chairman of Mountain Communities for Responsible Energy, one of the environmental groups that filed the lawsuit, told The Associated Press that group members were "really delighted with the ruling." Invenergy attorney Joe Condo said the company "continues to be committed to the Beech Ridge project." He said the company will seek the permit and is "very optimistic that the permit will be granted and the project can reach its full potential." Matt Turner, Gov. Joe Manchin's communications director, was asked on Wednesday if the governor had a comment on Judge Titus' ruling. "Considering everything we've been hearing lately, the Governor said it does not surprise him, and it seems we're seeing more obstacles toward things that seem to make sense," Turner said. "Obviously, this could have tremendous impact on wind power generation and highlights the difficulty in meeting our energy needs and balancing environmental repercussions, a complexity that's often not understood." Manchin, speaking Tuesday at his annual Energy Summit at Stonewall Resort, said, "We're looking at everything we can to enhance the development of wind power and siting on mountaintop removal sites." He urged summit attendees interested in such projects to contact him. The law firm Jackson Kelly has been a part of almost every wind power case that has come before the West Virginia Public Service Commission, which regulates wind farms. Rob Alsop, a member of the firm's Charleston office, was a featured speaker at the Energy Summit. In his presentation, Alsop said the Public Service Commission must engage in a balancing test of many issues that takes into account the public, state and local economy and interests and the interests of the applicant before determining whether a wind power project can proceed. The regulatory environment is not hostile but "I will say it is a thorough process," he said. To gain approval Alsop said a project must submit a five-mile map and aerial photography; a view shed study; avian and bat studies; a noise study; traffic studies; an architectural study; an archaeological study; a hydrological study; wetlands delineation; an economic impact study; and a rare, threatened and endangered species study. The avian and bat studies are about a yearlong process that involves the U.S. Fish and Wildlife Service, he said. For a view shed study "you've got to go out about 20 miles and there are a lot of view sites." In addition to the Mountaineer, Mount Storm and Beech Ridge projects, Alsop said the following projects are in various stages of approval: * AES Laurel Mountain, a proposed 65-turbine, 1.5-megawatt wind farm on Laurel Mountain in Barbour and Randolph counties. In June the state Supreme Court refused to interfere with the state Public Service Commission's decision to authorize the project. * AES New Creek, a proposed 66-turbine, $308 million project on New Creek Mountain in Grant County. The state Public Service Commission approved the project in October but said AES must complete an endangered-species study, among other actions, before proceeding. * Pinnacle Wind Farm at Newpage, Mineral County. The proposed project would have 23 wind turbines. It is awaiting a decision of the state Public Service Commission. Alsop said, "There's every reason to think that West Virginia will continue to be a wind power player." He noted that: * The West Virginia Wind Working Group continues to meet. The group's objective is to promote the development of wind energy for the benefit of West Virginia. * There are entities that continue to research potential wind farm sites in the state. * The Eastern West Virginia Community and Technical College is developing courses to train wind-energy technicians. Contact writer George Hohmann at busin...(a)dailymail.com or 304-348-4836.

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Fwd: [WVUSSC] Still More Media Coverage!!!
by James Kotcon 10 Dec '09

10 Dec '09

>>> "Joseph A. Gorman" <joe.madpj7(a)gmail.com> 12/10/2009 1:53 AM >>> Google shows THREE HUNDRED AND NINETY FIVE newspapers, TV stations and other news sources carried the stories by Ken Ward (Coal Tattoo blog), Jeff Biggers (Grist), Tim Huber (AP Charleston) and Vikki Smith (AP Morgantown) online! And they're still comin' in. Here's an annotated list of who picked up the wire: West Virginia: Charleston Gazette, Charleston Daily Mail, Beckley Register-Herald, Huntington Herald-Dispatch, Morgantown High School Maryland: WJZ 13 Baltimore Virginia: NBC 12 Richmond, Hampton Roads Virginian-Pilot, Hampton Roads Daily Press, Strasburg Northern Virginia Daily, Lynchburg News Advance Kentucky: Lexington Herald-Leader Ohio: WTOL 11 Toledo, Akron News Now, NBC 4 Columbus, Cambridge Daily Jeffersonian, Ravenna Record-Courier, Defiance Crescent-News, Wooster Daily Record, Akron Beacon Journal, Alliance Review (All we're missing is Pennsylvania and we'll have all our neighboring states!) National/Regional: Grist, OVEC, Mountain Justice, SSC International (from Copenhagen!), PowerShift09/Energy Action Coalition, The Examiner, Rank Exploits, Green Planet Search Other: Vivelo Hoy (Chicago/LA Spanish-language news), Cache Valley Daily (Utah), Earth Island Institute (California), Enquirer-Herald (South Carolina), Fort Mill Times (South Carolina), Rockford Register-Star (Illinois) The next time the media gives us a hint on a campaign to do, I say we take it! -Joe -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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Fwd: [WVUSSC] Out-of-state Media Covers WVU SSC Petition!
by James Kotcon 10 Dec '09

10 Dec '09

>>> "Joseph A. Gorman" <joe.madpj7(a)gmail.com> 12/9/2009 10:08 PM >>> The story by Morgantown-based AP writer Vicki Smith was picked up in Kentucky: http://www.kentucky.com/471/story/1053549.html Virginia: http://www.dailypress.com/news/virginia/dp-wv--coalexecdonations1209dec09,0… Maryland: http://wjz.com/wireapnewsva/1.000.sign.2.1360082.html and 11 other places. In other news, Massey and Murray energy stocks fell today...more media hits tomorrow :) -Joe -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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Fw: POSTPONED: Martinsburg, West Virginia public forum on Chesapeake Bay (tonight, Dec 8 at 7:00 pm)
by Jim Sconyers 08 Dec '09

08 Dec '09

I got this late and was asked to pass it on. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 12/8/09, Piper.Bonnie(a)epamail.epa.gov <Piper.Bonnie(a)epamail.epa.gov> wrote: From: Piper.Bonnie(a)epamail.epa.gov <Piper.Bonnie(a)epamail.epa.gov> Subject: POSTPONED: Martinsburg, West Virginia public forum on Chesapeake Bay (tonight, Dec 8 at 7:00 pm) To: jim_scon(a)yahoo.com, kgrubb(a)fairmontstate.edu, fooce(a)hotmail.com, mariposa_wv1(a)verizon.net, sallywilts(a)yahoo.com, freesource(a)cheat.org, william.depaulo(a)gmail.com, mikeprice54(a)suddenlink.net, reginahendrix999(a)gmail.com, pjgrunt(a)gmail.com, celliot2(a)comcast.netgregg, bhaddaka(a)yahoo.com, edon1985(a)comcast.net, jkotcon(a)wvu.edu, sallywilts(a)yahoo.com, mdavis(a)wvu.edu, ATDK(a)aol.com, sandra.cress(a)gmail.com, kmfrederico(a)atlanticbb.net, regina1936(a)verizon.net, jkotcon(a)wvu.edu, blittle(a)citynet.net, mikeprice54(a)suddenlink.net, bill.price(a)sierraclub.org Date: Tuesday, December 8, 2009, 3:48 PM Dear West Virginia Sierra Club members: Due to the forecast for winter weather (snow, sleet and ice) in West Virginia, western Maryland and northwestern Virginia, and resulting concern for public safety, the public forum on the Chesapeake Bay Executive Order in Martinsburg, WV tonight at 7pm has been postponed. We regret any inconvenience this may cause. Please pass the word on to your members or local citizens who might be planning to attend tonight (or instead on Jan. 5, 2010). The public forum has been rescheduled for Tuesday, January 5 at 7pm at the Holiday Inn Martinsburg at 301 Foxcroft Avenue. On January 5, the public forum will feature officials from multiple federal agencies including the U.S. Environmental Protection Agency, U.S. Department of Agriculture, U.S. Department of the Interior and the National Oceanic and Atmospheric Administration. Public feedback on the draft strategy for the Chesapeake Bay is important and valuable to the federal agencies. Comments may be submitted online at http://executiveorder.chesapeakebay.net by clicking on “provide comments.” The public comment period runs through January 8, 2010. The draft strategy, also available on the website, will evolve through public comments, state consultations and agency revisions before the final strategy is published in May 2010. Please let me know if you have any questions, or feedback about this notice. I appreciate your notifying as many people as you can in your areas. best, Bonnie Bonnie Piper Liaison to Environmental Organizations U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Office: 202 564-7836 Email: piper.bonnie(a)epa.gov

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Re: [EC] Your letter to editor
by Regina Hendrix 06 Dec '09

06 Dec '09

Wendy, sorry to be so long getting back to you. I have been out of town for a while. I do believe the WV Chapter Sierra Club and Ohio Valley Environmental Coalition would be interested in knowing about this. You mention you've been in touch with OVEC and so I will forward this to Chapter Sierra Club members on the Energy Committee. Maybe we could arrange for you to make a presentation to them at an ExCom meeting. Regina Hendrix 304-724-0223 Irongate12(a)aol.com wrote: > Hi Regina, > > Read your letter recently in The Journal. Way to go! Agreed whole > heartedly with you. > > Here in the Eastern Panhandle we have been fighting something similar. > Although our project is not as monumentally devastating as mountaintop > removal, it will ultimately be just as bad, and will impact a much > larger population right off the bat. > > I am talking about the expansive strip mining operation currently > being proposed for North Mountain in Gerrardstown- 12 miles from > Charles Town. Please take a minute to visit our website > www.northmountain.org <http://www.northmountain.org> . > > We could really use some help from knowledgeable environmentalists > like yourself. We have put the company off for almost 2 years, but now > it appears to us, the WV DEP has tinkered around with the permit and > it will be brought for public comment. I have heard of the Ohio > Valley Environmental Coalition. Would your group be willing to lend us > a hand? I think we could have a precedent setting victory here and > break down the door for others to follow on mining in West VA. > > On Monday Nov. 9, 2009 a helicopter with 3 DEP reps landed at the > Continental Brick/North Mountain Shale LLC property. This location is > scenic & historic and highly visible to one of the fastest > growing residential areas in the county. It has been untouched by > mining due to its environmentally sensitive location. My husband > Steve accompanied the officials as they viewed the terrain and he > showed them healthy springs on the mountain, plus damage occurring to > one of our ponds from massive erosion, silt & sediment & unknown > contaminants from their land disturbance activities. They had excuses > for everything or were silent on what they could not possibly defend. > It seems that the reps surmised that “damage” would most likely occur > to the water from the mining operation. Their suggestion was that we > could sue the company – after damage has occurred- and if we could > prove it, we would get new wells (although we would be dealing with a > LLC). > > The above is what the community has been dealing with. There have been > no studies or tests performed that reasonably prove to local residents > here that mining at this sensitive location, on the side of a mountain > will not effect our water. All rational people know full well that the > safety and quantity of our water will be adversely effected. Our > local county commissioners unanimously signed a resolution in > opposition to the location. We have a petition signed by over 3000 > citizens. > > We are in the Chesapeake Bay Watershed and still WV thinks it is okay > to allow this project with the resultant stormwater drainage & runoff. > There is so much wild life on the mountain that will be displaced. An > expansive quarry on the side of a mountain does not make sense. Since > we are located 1 hour from Washington DC, I was hoping we could get > someone who could see that this location is inappropriate and intervene. > > It is a sad commentary that WV residents must endure damages to their > property and then try to sue an out-of-state LLC. One cannot put a > monetary value on a destroyed water system. The entire community is > concerned. At least a dozen families, in the immediate vicinity have > put their homes up for sale hoping to get buyers before the permit is > issued. I have included a link to a recent Letter to the Editor of > our local paper that eloquently relates what many citizens are > thinking in Berkeley County in regard to this matter. > > http://www.journal-news.net/page/content.detail/id/527169.html?nav=5061 > <http://www.journal-news.net/page/content.detail/id/527169.html?nav=5061> > > Thanks for listening and hope to hear back from you. > > Sincerely, > > Wendy Hudock > <http://www.berkeleywater.org/emergencyInfo.php> >

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Byrd on future of coal
by Jim Sconyers 03 Dec '09

03 Dec '09

>From Senator Byrd "Coal Must Embrace the Future" this is a must-read - in fact, it almost reads as a game-changer sounds again like the Bob Byrd we used to know and love http://www.wvablue.com/diary/5340/sen-byrd-coal-must-embrace-the-future Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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This Modern World - The Stupidity Crisis
by Jim Sconyers 02 Dec '09

02 Dec '09

Tom Tomorrow http://www.salon.com/comics/tomo/2009/11/30/tomo# Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: Anyone got ideas for stories?
by Paul Wilson 02 Dec '09

02 Dec '09

---------- Forwarded message ---------- From: West Virginia News Service WVNS <wvnsnews(a)gmail.com> Date: Wed, Dec 2, 2009 at 11:41 AM Subject: Anyone got ideas for stories? To: Hi Folks, I'm open to suggestions for topics. Let me know if you have any ideas. Two of the debates now before Congress - health care and climate change - are sure to continue to draw a lot of attention. I'd love to hear any pitches related to those. Also, I think the stations who pick our stuff up seem to like what I've heard called News You Can Use - in other words anything the editors might think relates to their audience members' daily lives. For example, we recently did a piece about how to avoid getting the flu until the vaccine is available. Then we did another story on how health care reform could cut premiums for people who buy their own insurance. Both of those did very well. In a sense this matches what I've said on occasion about wanting to tell personal stories - stories of real people. In both cases it's about connecting with the listeners. But even if you have something totally unrelated, don't be afraid to pitch it to me. Even if it's not a story itself, it might lead to something that is. best, Dan H. -- West Virginia News Service (WVNS) Toll Free: 1-800-317-6705 Fax: 540-301-0801 E-mail: wvns(a)publicnewsservice.org -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha

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EC December 2009