EPA vetoes water permit for W.Va. mountaintop mine

MORGANTOWN, W.Va. -- The Environmental Protection Agency said Thursday it is revoking a crucial water permit for West Virginia's largest mountaintop removal mine, formalizing an action it first threatened nine months ago.

Assistant Administrator for Water Peter S. Silva said Arch Coal's Spruce No. 1 mine in Logan County would use "destructive and unsustainable" mining practices that jeopardize the health of Appalachian communities and cause irreparable damage to the environment.

Arch did not immediately comment.

The nearly 2,300- acre operation would bury 7 miles of stream, and EPA ruled it would likely harm downstream water quality. EAP said it was acting within its legal authority revoking a permit issued by the U.S. Army Corps of Engineers in 2007 and "using the best science" to protect water quality, wildlife and people.

"Coal and coal mining are part of our nation's energy future, and EPA has worked with companies to design mining operations that adequately protect our nation's waters," Silva said. "We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water."

Michael Brune, executive director of the Sierra Club, praised the ruling as "a strong commitment to the law, the science and the principles of environmental justice."

National Mining Association President Hal Quinn said EPA's action threatens the certainty of all similar permits that have been issued, "weakening the trust U.S. businesses and workers need to make investments and secure jobs."

Spruce No. 1 went through a "robust 10-year review" process, he said, and the project has complied with every permit requirement.

St. Louis-based Arch has long argued that killing the project would hurt West Virginia's economy and tax base, and have a chilling effect on the industry.

The EPA said this is only the 13th time it has intervened after the corps issued a permit and that it reserves that power "for only unacceptable cases."