By way of background, Coresco currently operates a coal ash dump on a mine next to the Longview power plant. They had proposed a significant expansion of that landfill in 2009, which they call "Disposal Area # 4". This 401 certification appears to be for that expansion (see attached May 12, 2011 comments on the 401 certification). But that permit appears to be stalled, so Coresco is also asking for a 1-year extension under their existing mining permit for Area #3 (see attached comments on Renewal of Permit # O101593, June 22, 2011).
I received a nearly verbatim copy of a similar letter from DEP as the attached letter to John and Petra Wood (see pdf). DEP issued the 401 certification for the Coresco ash dump permit on August 10. Would this require a mining permit appeal, to the Surface Mine Board, or a water permit appeal to EQB, or do we wait for the 404 permit from the Army Corps?
The critical paragraph from WV-DEP says: "Coresco, LLC provided a no practical alternative demonstration and compensatory mitigation plan that were reviewed and accepted by DEP personnel. Pending NPDES modification number 26 on NPDES WV1992619 will address compliance with any potential pollutants associated with the proposed activity. Groundwater monitoring sites are proposed in Coresco's pending article 3 application (O200709) to ensure compliance with groundwater monitoring requirements. Rates of coal ash application will be reviewed within the pending article 3 application."
I think what they are saying is that they have decided to approve this 401 certification for Area #4 and won't really consider our issues until they get around to approving the Area # 4 permit (referred to as the Modification # 26 permit). Our comments on the application for Mod # 26 were submitted almost two years ago, and there does not seem to be any timetable for issuing that permit. In the mean time, Coresco continues to dump ash under their existing permit, and the DEP is looking the other way.
This is particularly critical timing because the permit for the existing Area # 3 expires soon, and if that extension is delayed, it might affect operations of several nearby coal-fired power plants as they may not have a place to dump ash.
We have until Sept. 1 to appeal. What should we do?
Jim Kotcon 304-293-8822 (office) 304-594-3322 (home)
"Petra&John Wood" pbjmwood@gmail.com 8/18/2011 11:07 PM >>>
We just got the attached 15 day notice today. I assume you got the same thing, Jim. The letter implies that Coresco's Coal Refuse Area #4 SMCRA permit (O200709) will be issued very soon.
This is probably a stretch, but I wondered if the federal court consent decree requiring DEP to treat water at AML sites ( http://wvgazette.com/static/coal%20tattoo/specialrecsettlementsoutherndistri...) might have any influence on either the 401 certification or the SMCRA permit? Of the AML sites listed at the end of the decree, I believe that site 34-81 (S003481) is closely associated with the Maidsville Complex (see http://apps.dep.wv.gov/WebApp/_dep/search/Permits/OMR/Permit_details.cfm?per...). If the 401 permit gives Coresco a green light to cover this AML site with coal ash, would DEP still be responsible for treating the AMD coming from S003481?
We have a similar situation next to us at the New Hill West permit (S200909) with AML site S101189. The S200909 permit, which was issued last September but has been on hold thanks to the WV1017535 NPDES Mod #9 appeal, would allow Patriot Mining Company to cover the S101189 AML site with additional overburden and fly ash (via expansion of a sidehill fill). Any chance that the federal court consent decree could overrule the S200909 mining sequence plan?
John
On Fri, Jun 10, 2011 at 10:52 AM, Petra&John Wood pbjmwood@gmail.comwrote:
Hopefully these documents may help answer your question: "Does the General Permit have any provisions stating that it cannot be used where the stream is already overloaded with pollution?"
http://www.dep.wv.gov/WWE/Programs/nonptsource/streamdisturbance/Documents/4...
http://www.dep.wv.gov/dmr/dmr%20forms/Documents/MR4C-Incidental%20Coal%20Rem... (The application form: Page 13 refers to water quality and the "Probable Hydrologic Consequences" of the operation)
There's also this, but it specifically says it's for "Non Coal Related Facilities".
http://www.lrp.usace.army.mil/or/or-f/Individual%20Water%20Quality%20State%2...
FYI, I've sent you these files before...
Pages 8-20 of Permit Application (0003).pdf includes the Coresco's Probable Hydrologic Consequences statement from the O-1015-93 permit application.
Attachment J-6.doc is Coresco's Probable Hydrologic Consequences statement from the O-2007-09 permit application.
On Fri, Jun 10, 2011 at 9:31 AM, James Kotcon jkotcon@wvu.edu wrote:
This appears to be the same one that I got with a comment deadline last month (May 14). Attached are the comments I submitted then, along with the location map.
I have a copy of the application as of that date. If it has been modified since then, let me know and I can prepare follow-up comments accordingly. If it was not modified, could someone explain why they are re-advertising this?
JBK
P.S. When I called in response to the last legal ad, DEP staff in Phillipi were unaware of the ad and implied that there had been no new activity for some time. But I eventually got a copy of the application and the ad was included.
"Evan Hansen" ehansen@downstreamstrategies.com 6/9/2011 2:16 PM >>>
Is this the same site?
Evan Hansen, President Downstream Strategies 219 Wall Street Morgantown, WV 26505 304.292.2450 www.downstreamstrategies.com
-----Original Message----- From: dep.online@wv.gov [mailto:dep.online@wv.gov] Sent: Thursday, June 09, 2011 1:38 PM To: ehansen@downstreamstrategies.com Subject: DEP Public Notice - County - Monongalia - 401 State Certification
- Coresco LLC
The following was sent to you because you are a Member of the DEP Public Notice mailing list. =========================================================== Thursday, June 9, 2011 @ 1:38 PM ===========================================================
401 STATE CERTIFICATION ADVERTISEMENT(EACH BLANK MUST BE FILLED IN ACCORDANCE WITH THE 401 APPLICATION INSTRUCTIONS) ADVERTISEMENT Notice is hereby given that CORESCO LLC 308 DENTS RUN RD, MORGANTOWN, WV 26501 has submitted an application for State Certification as required by Section 401 of the Clean Water Act to the Department of Environmental Protection, 105 S Railroad St, Philippi WV 26416-1150. The activity is authorized by the U.S. Army Corps of Engineers General Permit No: 2008-2386 which covers SURFACE COAL MINING OPERATIONS Discharges of dredged or fill material into waters of the United States. Discharges of dredged or fill material into waters of the United States impact acres of palustrine wetlands of the Crafts Run Watershed and is located 2 miles northwest of Maidsville, in Cass of District of Monongalia County, Longitude 79 o 58 ' 07 " and Latitude 39 o 42 ' 25 " (Coordinates from USGS Topographic Map). Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with Sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State Law. When issuing certification, the /INDEP may considered the proposed activity's impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction . Legislative rules governing the scope of the Department's certification, public comment, hearing and appeals are in Title 47, Series 5A. Comments on the proposed certification or requests for a public hearing shall be in writing and if a public hearing is requested shall state the nature of the issues proposed to be raised in the hearing. Such written comments or requests should be sent to the Department of Environmental Protection (DEP) at the address above, and must also reference the Article 111 /INNPDES permit number shown above. Comments received by or thirty (30) days from date of publication, will be considered. DEP Telephone No. 304-457-3219 Article 111NPDES Permit No. WV1002619 LOCATION MAP Each ad must include a clear and accurate location map of a scale and detail found in the West Virginia General Highway Map. The map size must be at a minimum four (4) inches by four (4) inches with thefollowing shown on the map:
- Clearly define the approximate limits of the proposed permit area.
- Longitude and latitude lines must cross at or near the center of the
proposed permit area. 3. A north arrow must be shown. 4. A map to scale. 5. District{s). 6. County(ies). https://apps.
=========================================================== To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov//MLists2/
-
James Kotcon