WVEC Action AlertMay 11, 2010Help EPA VETO the Spruce No.1 Mountaintop Removal Mine! The federal Environmental Protection Agency (EPA) is holding a Public Hearing and a Public Comment Period on its consideration of vetoing the Spruce No. 1 mountaintop removal strip mine. The Spruce No. 1 mine would bury more than seven miles of headwater streams, directly impact 2,278 acres of forestland, and severely degrade water quality in streams adjacent to the mine. Plan now to attend EPA's Public Hearing: Written Public Comment Period Ends June 1, 2010 You may also submit writtencomments, identified by Docket ID No. EPA-R03-OW-2009-0985, by one of the following methods: 1. Federal eRulemaking Portal (recommended method of comment submission): http://www.regulations.gov. Follow the online instructions for submitting comments. 2. E-mail: ow-docket@epamail.epa.gov. Include the docket number, EPA-R03-OW-2009-0985, in the subject line of the message. 3. Regular "Snail" Mail: "EPA-R03-OW-2009-0985, Spruce No. 1 Surface Mine," U.S. Environmental Protection Agency, EPA Docket Center Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 4. Hand Delivery or Courier: Director, Office of Environmental Programs; Environmental Assessment and Innovation Division; U.S. Environmental Protection Agency, 3EA30 Region III; 1650 Arch Street, SW.; Philadelphia, Pennsylvania 19103. 5. Or submit written comments at the Public Hearing, directing your comments to Docket ID No. EPA-R03-OW-2009-0985. Background Information: The Clean Water Act gives EPA authorization to deny the Spruce No. 1 Mine permit or add restrictions that the mine owner would be required to follow. The part of the Clean Water Act that grants this authorization is known as 404 (c). This section authorizes EPA to restrict or prohibit placing certain pollutants in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in "unacceptable adverse impacts" to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the Clean Water Act. A final decision to restrict or prohibit the Spruce No.1 Mine will be made at a later date by EPA's national headquarters based on a recommendation from the regional administrator of EPA's mid-Atlantic region, public comments, and discussions with the Army Corps of Engineers and the Mingo Logan Coal Company, the mine owner. Relevant documents, including the EPA regional administrator’s proposed determination can read and reviewed on EPA’s website at: www.epa.gov/region3/spruce1.html. More information is also available on the West Virginia Highlands Conservancy web site at http://wvhighlands.org/wv_voice/ (scroll down to the story). It is very important that people who oppose the massive destruction of mountaintop removal mining attend the hearing and/or make written comments. Written comments need not be long or highly technical. It is important that you chime in with even the briefest of comments encouraging EPA to deny any additional movement into these untouched tributaries of the already severely impacted Spruce Fork of the Little Coal River. This is an opportunity like we have never had before, so get those comments in by the June 1, 2010 deadline. Don Garvin
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