Pretty disturbing talk by Gov. Manchin - basically, "Marcellus, we love it, everyone come here and get drilling!"

Jim Sconyers jim_scon@yahoo.com 304.698.9628

Remember: Mother Nature bats last.

--- On Fri, 1/29/10, Donald C. Strimbeck dcsoinks@comcast.net wrote:

From: Donald C. Strimbeck dcsoinks@comcast.net Subject: Fw: Friday 29 Jan 10. News of interest to Mon river watershed folks. To: "Zack Walko" zack@joehoeffel2010.com, "William Richardson" richardson.william@epa.gov, "Werner Loehlein" werner.c.loehlein@usace.army.mil, "Tom Mroz" THOMAS.MROZ@NETL.DOE.GOV, "Tom Konchesky" scmayor@comcast.net, "Steve Garvin" SGarvin194@aol.com, "Skip Pratt" Skip.Pratt@NETL.DOE.GOV, "Shanda Minney" sminney@wvrivers.org, "Scott Mandirola" Scott.G.@yahoo.com Date: Friday, January 29, 2010, 4:38 AM

Don Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org WVU t-shirts & prints - FindHarri.com 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks@comcast.net

----- Original Message ----- From: Donald C. Strimbeck To:  Sent: Friday, January 29, 2010 4:37 AM Subject: Friday 29 Jan 10. News of interest to Mon river watershed folks.

DUNKARD CREEK-29JanY2K10 Washington PA Observer-Reporter Friday 29 January 2010: Forum on water to examine coal, gas production 1/29/2010 3:32 AM

By Bob Niedbala, Staff writer niedbala@observer-reporter.com

The Upper Monongahela River Association will hold a water quality forum in February focusing on the impact of coal and natural gas production on water resources and the investigation into the Dunkard Creek fish kill. The forum will be the 13th sponsored by the organization dealing with water quality issues in the Monongahela River basin. The 12th forum, which was sponsored jointly by the association and Greene County Conservation District and focused on the September fish kill, was held Dec. 3 in Mt. Morris and drew more than 200 people. Barry Pallay, forum program director, said one of the issues for next month's meeting again will be Dunkard Creek. State and federal agencies have been invited to attend to share with the public any new data they have obtained since the last meeting, he said. The discussion also is expected to include an update on the status of other streams with high levels of total dissolved solids. Total dissolved solids have been considered a contributing factor to the growth of the golden algae that is believed to have killed fish and other aquatic life in Dunkard Creek.

The other focus of the forum will be to address the impacts of coal mining and the expected increase in natural gas production on the area's water resources, Pallay said. "We want to begin examining coal and gas production and the water and waste disposal needs related to it," he said, adding that, if the watershed is going to see an increase in Marcellus gas drilling, it's important to consider what impacts it may have on water resources. The association began sponsoring its water quality forums in October 2008 in response to reports of problems caused by high levels of total dissolved solids in the Monongahela River, Pallay said. The forums have helped inform the public on issues surrounding water quality in the Mon River basin and brought together the various state and federal agencies involved in enforcing water quality regulations. At next month's forum, a speaker is scheduled to attend from the Ohio River Valley Water Sanitation Commission, an organization that works to improve water quality in a large portion of the Ohio River basin. The representative is expected to explain what his organization has done to improve water quality in the Ohio River and the lessons it has learned that could apply to the association's efforts. "We really need to look at the watershed as an entire system," Pallay said.

This upcoming water quality forum will be held at 6 p.m. Feb. 11 at the Granville, W.Va., Volunteer Fire Department events center, about a mile west of the Star City interchange of Interstate 79. Agencies invited to attend include the Pennsylvania Department of Environmental Protection, West Virginia Department of Environmental Protection, Greene County Department of Economic Development, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, RAIN Network, W.Va. Water Research Institute and W.Va. Geologic and Economic Survey. In another matter, Democratic gubernatorial candidate Joe Hoeffel will visit the Mt. Morris Community Center at 1 p.m. Saturday to discuss issues related to the Dunkard Creek fish kill. Copyright Observer Publishing Co. ----- Original Message ----- From: Betty Wiley To: Sent: Thursday, January 28, 2010 8:38 PM Subject: good news for Pennsylvania   PennFuture praises Rendell decision to increase DEP’s staff and beef up regulations and inspections of Marcellus Shale drillers Group urges legislators to adopt a severance tax on the drilling without delay   HARRISBURG, PA (January 28, 2010) – Jan Jarrett, president and CEO of Citizens for Pennsylvania’s Future (PennFuture) today praised the governor’s decision to add 68 new staff to the Department of Environmental Protection (DEP) and to strengthen regulation of gas drilling to provide better protection of Pennsylvania’s communities and natural resources from damage by natural gas drilling in the Marcellus Shale formation.

“We’re glad that the governor recognizes that Marcellus gas drilling presents a new scale of environmental challenges to the Commonwealth’s natural resources, especially water,” Jarrett said. “This belt and suspenders approach will allow Pennsylvania to take advantage of the economic opportunities the natural gas presents, but update our rules and increase our ability to adequately oversee the drilling. “Citizens across Pennsylvania have cried out for smart regulations and true government oversight of the drilling,” continued Jarrett. “The new staff and the new regulations will go a long way in responding to those concerns. We are pleased that the governor recognized that rules designed to regulate the kind of gas drilling traditionally done in Pennsylvania are not up to addressing the environmental challenges presented by the deep drilling required to get to the Marcellus Shale gas, and moved to modernize our regulations. “But no matter how well regulated, drilling for the Marcellus gas will inevitably do some environmental damage as it depletes a natural resource, and it will impose costs on taxpayers and communities,” continued Jarrett. “That’s why we need to tax the drillers on the gas they pump out from our state, and use that tax to protect and improve our environment. The drilling companies pay such a tax nearly everywhere else they drill, and there is simply no reason not to tax them here. This additional income should not just be added to our general fund, but a major portion should go to the local communities that host the drilling, to our Fish and Boat and Game Commissions, and to environmental protection and conservation of our natural resources. “The governor’s announcements today put us on the right road to grow the economy and protect the environment,” said Jarrett. “We look forward to working with our elected officials to move our state further down that road, protecting our state forests from rampant drilling, and having the drilling companies pay their fair share through a severance tax.” PennFuture is a statewide public interest membership organization, founded in 1998. PennFuture's activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education, and assisting citizens in public advocacy. Working from the premise that “Every environmental victory grows the economy,” PennFuture has successfully advocated for landmark environmental legislation, including passage of the largest-ever environmental funding bond, public investment in green energy and energy savings programs, passage of the Alternative Energy Portfolio Standards Act, adoption of the Clean Vehicles Program and adoption of a regulation to protect Pennsylvania’s babies by restricting mercury pollution from coal-fired power plants. PennFuture has staff throughout the state, in Harrisburg, Philadelphia, Pittsburgh, West Chester, Doylestown and Wilkes-Barre. The Philadelphia Inquirer called PennFuture the “state’s leading environmental advocacy organization.”   Jeanne K. Clark Director of Communications Citizens for Pennsylvania's Future (PennFuture) 425 Sixth Avenue, Suite 2770 Pittsburgh, PA 15219 www.pennfuture.org 412-258-6683 (W) 412-258-6685 (F) For cell phone and text messages: 412-736-6092 ----- Original Message ----- From: Sally Snyder

To: Beth Little ; cindy rank ; Donald C. Strimbeck

Sent: Thursday, January 28, 2010 4:31 PM Subject: Fwd: Manchin to IOGA: "Call me if you don't think you're being treated right."   Business Thursday January 28, 2010 Manchin says state is 'partner' Governor speaks to hundreds of oil, gas executives gathered for annual meeting

by George Hohmann Daily Mail Business Editor

Gov. Joe Manchin struck a conciliatory note with the oil and natural gas industry Wednesday, saying, "Markets and competition are tough enough. You don't need to have government make it tougher." Manchin was the keynote speaker at the winter meeting of the Independent Oil and Gas Association of West Virginia. The natural gas industry is being transformed by an increase in supplies from shale formations that have been known for years to contain natural gas. Geotechnical engineers and other specialists have figured out how to drill down into shale and then go sideways to open a much bigger area of the gas-bearing formation. There's talk in the natural gas industry that the Marcellus Shale gas field - known in the business as a "play" - may contain 500 trillion cubic feet of gas. The Marcellus Shale extends from northeast Pennsylvania around Bedford through southwestern Pennsylvania, through the Northern Panhandle of West Virginia and into the central part of the state. It underlies 15 million acres. Instead of worrying about running out of natural gas within 10 years - a prevalent discussion within the industry in the 1970s - the discussion now is about having up to 90 years of proven and potential supply. "I know many of you are from other parts of the country," Manchin said to the nearly 700 industry executives gathered at the Marriott. He was alluding to the fact that several out-of-state companies, including Exxon Mobil Corp. and Norway's StatoilHydro, have snapped up properties in the Marcellus Shale in recent months. "We appreciate you so much," Manchin said. "I'm going into my sixth year as governor, and one thing I've tried to put out there is responsibility, continuity so you know what to expect and how it's going to be delivered," Manchin said. The governor said he's been emphasizing "retail government," which he described as a government that says thank you, meets deadlines and treats you with respect. "You don't go out with a cease-and-desist order, you go out with a helping hand," he said. If a situation isn't corrected then enforcement is appropriate, he said. Companies that are looking for places to expand will find "you're going to have a partner at the end of the day you never bargained for, asked for or even wanted," Manchin said. "It's going to be government. You'd better pick a good partner. If you pick a partner with no vision, no stability, you're going to have problems. That's something we fight every day. The system doesn't think like you do with timelines, deadlines." Although the increase in natural gas supplies has created excitement about what it may mean for jobs and West Virginia's economy, the prospects for expansion bring concerns, too - especially about the treatment of water used in the drilling process. Earlier this month, the state Department of Environmental Protection announced the release of a guidance document and permit addendum that it said is designed to better manage water use and disposal by the oil and gas industry when drilling in the Marcellus Shale. The DEP said the document "addresses the need for well operators to be diligent about protecting the state's waters." Manchin said, "We're working on the water situation. I know this could be your biggest impediment. This is the big thing with the EPA," he said, referring to the federal Environmental Protection Agency. "We're doing everything we can to help you in this industry," he said. "You don't need 'gotcha! government.' How can you do it right if you don't know what must be done? We're trying to get some clarity. We have a company from South Korea in the filtering business. We're talking to everyone we can to find some help." Manchin did not bring up two industry sore points: * Chesapeake Energy, one of the nation's largest natural gas producers, last year canceled plans for a regional office in Charleston after it was surprised by a huge punitive damage award and then found out that West Virginia offers no automatic right of appeal. In his State of the State address earlier this month, Manchin praised the state Supreme Court for working on rules that are intended to ensure the right of appeal. * Pennsylvania, which has a large portion of the Marcellus Shale play and has already attracted industry investment, does not have a severance tax on natural gas. West Virginia does. A recent Penn State study estimated that because Pennsylvania has no severance or property tax, wellhead revenue there is about 11 percent higher. Although Manchin didn't specifically mention the severance tax, he did point out that during his administration the food sales tax, business franchise tax and corporate income tax have been lowered. "For every adjustment for business you have to make an adjustment for consumers," he said. "You have to have a balance." Manchin concluded, "We want you to do well. Call me if you don't think you're being treated right. I want to make sure 'retail government' works for you." He received a standing ovation. Contact writer George Hohmann at busin...@dailymail.com or 304-348-4836. ----- Original Message ----- From: Sally Snyder To: John Snyder ; Julie Archer ; Donald C. Strimbeck ; Beth Little ; David McMahon ; Gary Zuckett ; cindyrank Sent: Thursday, January 28, 2010 4:30 PM Subject: Fwd: ProPublica: Pennsylvania’s Gas Wells Booming—But So Are Spills Message from sender: check it out Pennsylvania’s Gas Wells Booming—But So Are Spills By Sabrina Shankman, January 27, 2010 4:08 pm EST http://www.propublica.org/feature/pas-gas-wells-booming-but-so-are-spills-12... COMMONWEALTH OF PENNSYLVANIA Dept. of Environmental Protection Commonwealth News Bureau Room 308, Main Capitol Building Harrisburg PA., 17120

FOR IMMEDIATE RELEASE

01/28/2010 CONTACT:

Tom Rathbun, DEP 717-787-1323

Governor Rendell: PA Taking Aggressive Action to Protect Public, Environment as Marcellus Shale Drilling Operations Expands Directs DEP to Hire 68 Additional Staff to Bolster Inspections, Environmental Compliance New Regulations Planned to Improve Well Safety Standards

HARRISBURG -- In order to protect Pennsylvania’s residents and environment from the impact of increased natural gas exploration across the state, Governor Edward G. Rendell announced today that the commonwealth is strengthening its enforcement capabilities. At the Governor’s direction, the Department of Environmental Protection will begin hiring 68 new personnel who will make sure that drilling companies obey state laws and act responsibly to protect water supplies. DEP also will strengthen oil and gas regulations to improve well construction standards. These critical upgrades are designed to prevent gas leaks that can pose risks to the public and water quality. “Interest in Pennsylvania’s Marcellus Shale formation is greater than ever before and as natural gas prices continue to rise, that interest will only increase,” said Governor Rendell. “In fact, the industry has told us that they expect to apply for 5,200 permits to drill in the Marcellus Shale this year -- nearly three times the number of permits we issued in all of 2009. Given these conditions, an extraction tax is gaining widespread support across our state and I will again ask the General Assembly to enact such a levy. It is fair and affordable to drillers. They know it, and so do members of the House of Representatives who voted for it last year. “The actions I am announcing today, however, are about decisive, progressive protections for the people of Pennsylvania. We were able to hire 37 additional inspectors and permitting staff in 2009, but the industry’s projected growth in 2010 means that we need additional inspectors to ensure oil and gas companies follow environmental laws and regulations. As I’ve said all along, we want to encourage the development of this resource because it’s a tremendous economic opportunity for the state, but we will not allow that to happen at the expense of our environment.” DEP performed 14,544 drilling site inspections in 2009 and took 678 enforcement actions against drillers for violations. The 68 additional personnel will be funded entirely from money generated by new, higher permitting fees that were instituted in 2009—the first such increase since 1984. The new fees were put in place with bipartisan support from the General Assembly, industry and environmental organizations. The Governor noted that given the need for these additional health and safety personnel and the dedicated funding source that is independent of the state’s General Fund, these new hires are exemptions to the general hiring freeze he instituted last year. DEP’s work to amend Pennsylvania’s oil and gas regulations will strengthen well construction standards and define a drilling company’s responsibility for responding to gas migration issues, such as when gas escapes a well or rock formation and seeps into homes or water wells. Specifically, he said the new regulations will: • Require the casings of Marcellus Shale and other high-pressure wells to be tested and constructed with specific, oilfield-grade cement; • Clarify the drilling industry’s responsibility to restore or replace water supplies affected by drilling; • Establish procedures for operators to identify and correct gas migration problems without waiting for direction from DEP;

• Require drilling operators to notify DEP and local emergency responders immediately of gas migration problems; • Require well operators to inspect every existing well quarterly to ensure each well is structurally sound, and report the results of those inspections to DEP annually; and • Require well operators to notify DEP immediately if problems such as over-pressurized wells and defective casings are found during inspections. “These new draft regulations, which were developed through open meetings with experts in the industry, are designed to give Pennsylvanians peace of mind by bringing our state’s requirements up to par with other major gas producing states or, as in the case of the well casing requirements, to a level that is even more rigorous,” said Governor Rendell. The new regulations will be offered for public comment on Jan. 29 before going through DEP’s formal rulemaking process. Interest in Pennsylvania’s Marcellus Shale formation has been increasing. One third of the more than 6,200 oil and natural gas drilling permits DEP issued in 2009 were for drilling in the Marcellus Shale. By comparison, only four of the more than 6,000 permits issued in 2005 were for the Marcellus formation. For more information, visit www.depweb.state.pa.us.        For Immediate Release: January 28, 2010 Contacts: Lauren Townsend 215-939-7621 Co-Manager Joe Hoeffel 2010 Frank Custer - 215-527-5928 Joe Hoeffel 2010 Eastern PA Press Contact Matt Merriman- Preston - 412-600-3405 Joe Hoeffel 2010 Western PA Press Contact Press Advisory Hoeffel to Hear from Greene County Residents Concerning Environmental Issues Surrounding Dunkard Creek Mt. Morris, January 28, 2010 – Democratic gubernatorial candidate Joe Hoeffel has accepted an invitation from the Friends of Dunkard Creek to hear from concerned residents of Greene County who will talk to him about hardships and concerns as a result of recent environmental disasters, including a massive fish kill along the waterway. Hoeffel will speak to residents about his commitment to protect the health of Pennsylvanians, the beauty of Pennsylvania, and the sustainability of the state’s resources. WHO: Democratic gubernatorial candidate Joe Hoeffel WHAT: Meeting with Greene County Residents Concerning Dunkard Creek WHEN: Saturday, January 30, 2010, 1pm

WHERE: Mt. Morris Community Center, 303 Mount Morris Road, Mt. Morris PA 15349   THE STATE JOURNAL Friday 29 January 2010: Report Urges States to Plan Now for decline in Coal Production Posted Thursday, January 28, 2010 ; 06:00 AM | View Comments | Post Comment

Some say study fails to portray increasing demand for state's energy.

By JIM ROSS For The State Journal The time has come for West Virginia and neighboring states to prepare for a significant decrease in coal production and the economic changes that will come with it. That's according to a report issued last week from Downstream Strategies, an environmental consulting firm based in Morgantown. The report uses projections from the federal government to predict that coal production in the central Appalachian region -- composed of southern West Virginia, western Virginia, eastern Kentucky and eastern Tennessee -- will decrease by half in the next 10 years. "Coal has contributed significantly to local and state economies in central Appalachia, but production has fallen substantially over the last 12 years as other coal basins and sources of fuel have become more competitive," said lead author Rory McIlmoil in a statement released with the study.

"This trend is expected to continue as mining costs increase due to the depletion of the lowest-cost coal reserves and as new environmental regulations are implemented. As this happens, local and state economies will need new sources of jobs and revenue to replace coal mining jobs and taxes." The 34-page report says new jobs and tax revenues can be created through development of renewable energy and energy efficiency. Losses from the decline of coal can be recaptured by gains from wind, solar, low-impact hydro and sustainable biomass production and from a strong focus on energy efficiency improvements. Coal production in the region peaked at 290 million tons in 1997, but it fell by about 20 percent to 235 million tons in 2008, according to the report.

Central Appalachian coal got a boost in the 1990s from the first phase of the Clean Air Act as electric utilities switched to central Appalachian coal to meet smokestack emission standards. Since then, many coal-fired power plants have installed scrubbers, allowing them to burn coal from other regions, too. The report suggests that states act now to diversify the economy of the central Appalachian region. Among steps it recommends:

requiring each state to provide 25 percent of its energy from renewable sources;

grants, tax credits, clean energy bonds or low-interest loans to support renewable energy development and manufacturing; implementing and strengthening net metering laws; developing work force programs aimed at providing the skills and knowledge required for renewable energy industries; strong incentives for local ownership of energy development. McIlmoil gave Gov. Joe Manchin a copy of the report this week, and the governor is reviewing it, said Manchin spokesman Matt Turner. Manchin has said he recognizes West Virginia needs to diversify its economy, but he also recognizes that coal "is going to be our primary source of energy as we transition to our fuels of the future," Turner said.

The governor wants investments in technology to enable the state to make that transition, but coal will be the dominant energy source for the next 30 years, Turner said. Turner pointed to the Bucks for Brains program that is bringing researchers to the state and with them the promise of new homegrown industries.

Steve Roberts, president of the West Virginia Chamber of Commerce, said the report overlooks the fact that all the coal mined in West Virginia is being bought. "We have a history of seeing reports of the rapid decline in the use of coal, and it simply hasn't happened," he said. "The marketplace has a large and growing appetite for coal and electricity. As the national and international economies recover in the future, there will be a larger need for coal." Cal Kent, vice president of business and economic research at Marshall University, also voiced that opinion. Kent said the report is well documented, but it offers little new material. Everyone knows reserves are declining, and central Appalachian coal faces competition from other regions and from alternate energy sources. However, the report ignores the accelerating demand for electricity that will require development of nuclear and alternate sources, Kent said.

"There are not enough alternate sources now to replace coal over the next decade or two," he said. Everyone recognizes the need to diversify the state economy, but no one has developed a workable strategy that overcomes severe problems in accomplishing that, Kent said. The state has little developable flat land, particularly in coal-producing counties, he said. Installing the necessary infrastructure and transportation arteries into those areas is expensive and time consuming. The work force is older and less educated than the national average. And the state has a reputation, whether deserved or not, of being an expensive place to do business. That includes the perceived legal environment, he said. Researchers at Marshall and West Virginia University are working on their own study of coal in the state. It focuses on the industry's economic impact. Research has been completed, and the document is in its final edit, Kent said, with release set for mid-February. "Most folks will be surprised to find out how really dependent on coal the West Virginia economy is," he said.   North-Central W.Va. is Ground Zero for Surface Mine Coal Ash Posted Thursday, January 28, 2010 ; 06:00 AM | View Comments | Post Comment Updated Thursday, January 28, 2010; 11:05 AM

EPA is considering whether material from power plants used in mine reclamation is hazardous. Story by Pam Kasey Email | Bio | Other Stories by Pam Kasey On the eve of a U.S. Environmental Protection Agency decision about regulating coal combustion waste as a hazardous material, mine operators are spreading the substance extensively across north-central West Virginia. The noncombustible part of coal, coal combustion waste (CCW) is what's left when power plants burn coal to make electricity, according to the EPA. It includes fly ash, boiler slag and scrubber residues.

Following the December 2008 CCW slurry spill that covered 300 acres in Kingston, Tenn., West Virginians learned of 20 such wet slurry impoundments in this state. But CCW may be disposed of in other ways as well; in the absence of federal regulation, practices differ state by state. In West Virginia, it may be landfilled. It may be recycled: into concrete, for example, or wallboard.

Or, when written into a surface mine permit, its combination with coal mine refuse during reclamation may be designated a "beneficial use" by the West Virginia Department of Environmental Protection, according to the Division of Mining and Reclamation's permitting handbook. Meanwhile, one coal company official said his company complies with regulatory standards and he is concerned that increased standards needlessly could increase the cost of energy. CCW and North-Central W.Va.

The practice is widespread in north-central West Virginia.

The simple idea behind it, according to Jeff Stant, is that the alkaline CCW material neutralizes the highly acidic northern Appalachian coal wastes and prevents acid mine drainage. Stant has studied CCW for two decades and directs the nonprofit Environmental Integrity Project's Coal Combustion Waste Initiative. The reality, Stant said, is much more complex. A 2006 National Academy of Sciences study found that CCW contains "metals and other elements, such as arsenic, cadmium, chromium and lead, in quantities that can potentially be harmful to human health or the environment." Stant cited research showing that, rather than offering a beneficial synergy, the chemical interactions between acidic mine refuse and alkaline CCW create ideal conditions for leaching the heavy metals from the ash.

"They're creating a more dangerous scenario," Stant said. "They're maximizing risk." A map in the National Academies study shows that north-central West Virginia has by far the highest concentration of CCW mine placement in the country.

"Monongalia, Marion and Preston counties, there are 80 or 90 mine dumps there," Stant said. "Pennsylvania has more total mine dumps, about 120, but they're spread over the western half of the state and the eastern anthracite region. Yours are almost all in those three counties."

Two Current Permits

Currently in public comment are two draft permits in north-central West Virginia that include CCW. In one, for Morgantown-based Patriot Mining Co.'s New Hill West surface mine in the acidic Waynesburg seams, CCW from the Morgantown Energy Associates power plant would be applied during reclamation. Residents John and Petra Wood, scientists who work in Morgantown and moved to nearby Cassville 17 years ago for a more secluded lifestyle, submitted comments on Patriot's Community Impact Statement and its draft Surface Mining Control and Reclamation Act permit. The Cassville area has changed, the Woods wrote. "Since 1997, almost 1,100 acres have been surface mined, and permit applications for an additional 580 acres of surface disturbance recently have been submitted for this area," they wrote. "From 1999 to 2007, we estimate that about 6 million tons of CCW have been deposited on seven surface mine permits ... in and around the Cassville community," they wrote, summarizing their review of other permits. "An additional 2.4 million tons of CCW is proposed for (the current permit)."

They cited findings by the National Academies and others showing that CCW mine sites leach heavy metals with potential human health effects and that state-mandated surface water and groundwater monitoring typically are insufficient. They also pointed out that CCW has been found to leach dissolved solids, or TDS -- the contaminant that contributed to the death of the fish and mussels on more than 38 miles of Dunkard Creek in their area last fall.

"Could the millions of tons of CCW that have been deposited in the Monongahela River watershed in recent years be contributing to TDS loading in the river and its tributaries?" the Woods asked in their comments. "This needs to be investigated, as the Monongahela River is the drinking water source for 850,000 people (and has been) identified by the West Virginia Division of Natural Resources as a high-quality stream." The second permit, for Morgantown-based Coresco LLC, is a surface mining control and reclamation act permit -- but involves no mining.

"The proposed Coal Refuse Disposal Area No. 4 will not include coal removal and will strictly be a refuse disposal site," the applicant states.

Coresco proposes to combine coal preparation refuse from its local mining operation and CCW from the Hatfield's Ferry, Fort Martin and Longview power plants on a 350-acre site near the Monongahela River.

The company would deposit up to 2.8 million tons of material each year for 25 to 30 years to a final height, in one area, of up to 500 feet.

The West Virginia chapter of the Sierra Club commented on this permit.

"There does not appear to be any beneficial purpose to the disposal of the coal ash and combustion byproducts," the comments read. "We recommend that the beneficial use designation be determined to be inapplicable to this permit, and that a solid waste landfill permit be required, complete with liner, leachate collection and leachate leak detection systems."

Stant placed the project in context. "It's a huge, a huge operation," he said. "(The completed project) is like two-thirds of the entire annual national generation of coal combustion waste from all power plants." EPA and OMB

A "hazardous" designation from the EPA would trigger the development of a federal disposal standard. Tom Jones, senior mining engineer at Patriot Mining, said he believes the testing that Patriot conducts and that WVDEP requires is sufficient to show that the company's use of CCW is in compliance with existing regulations. A blanket hazardous designation would send CCW to landfills needlessly, he said, and would increase Patriot's costs and, ultimately, the price of electricity. The federal Office of Management and Budget currently is conducting meetings with industry stakeholders. At issue are those additional costs, as well as whether a hazardous designation would cripple re-use -- the destination of 45 percent of CCW in 2008, according to the American Coal Ash Association, mine fills included. Stant believes the designation would stop the use of CCW at mines.

"Minimum requirements would have to be met that would force them to isolate the ash from water," he said. "If they did that, that would spell the end of mine filling as we currently know it."

Don Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org Vice Chair, Mon River Rec & Comm Com MonRiverSummit.org WVU t-shirts & prints - FindHarri.com 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks@comcast.net