CUMBERLAND COAL COMPANY
UNDERGROUND MINING PERMIT
HEBBERTSBURG COMMUNITY CENTER
INFORMATION & DISCUSSION
DIRECTIONS: If on I-40 take exit 322 (Tenn 101, Peavine
Road) If coming from the East turn right. If coming from the West turn left.
Proceed through Fairfield Glade (6miles from I-40) then for an additional
plus or minus 6 miles bearing left on the paved road. At a fork in the road
there is a large stone house (formerly a local school built in the 30's
by the WPA) .Bearing to the left the Community Center is about 600 feet
farther down on the left. A blue metal building.
The mine would be below groundwater and artesian well
water sources. Blasting likely to cause damage in large area surrounding
Meeting called by community leaders. U.S. Representative,
County Executive & State & County Representatives invited .
Jane Johnson will moderate & Don Clark will speak among others..
This piece was recently printed in OLD HICKORY (this version is only slightly
strengthened) Another version will appear in Lion & the Lamb
next week. DBC
By Don Clark
CUMNERLAND COAL COMPANY
NEEDS TO STOP MINING AND DO MAJOR REMEDIATION
The CUMBERLAND COAL COMPANY LLC
has not decided to quit its desecration but has applied for permits to
go underground for coal in the notorious Sewanee seam on Smith mountain.
Four County residents representing four stakeholder groups visited
the site for underground mining on December 19th with Office of Surface
Mining (OSM) staff.
We learned that the basins now employed for surface mining runoff
treatment that were troublesome would also be employed for the underground
mining operation. These were the basins that were the subject
of the Tennessee Department of Environment & Conservation (TDEC) Director's
Order which assessed a Civil Penalty of $5,250 for violating the
conditions of their permit The Cumberland Coal Company was
to develop a detailed plan for complying with the permit by last June,
implement batch treatment by August and by January 1, ,2002 comply with
all terms and conditions of the Permit. The exceedances (vioilations)
started in 1999 and by January 2001 were continuing despite the implementation
of temporary measures to control seep sources from the basins and effectively
treat the effluent discharged. from the basins.
The Compliance Management Plan submitted in April 2001 was apparently
not complied with and the measures taken violated the Clean Water
Act. We contend that the Company deserved to be fined $10,000 a
day for several months and to face criminal charges as well.
We had requested permission to visit the site of the proposed
underground mine and been denied because the owner refused access (Oct.3).
We appealed stating that we understood the law differently (Oct.17)..
The lawyers answered our appeal on Jan.22 which was after the visit and
Informal conference. OSM apparently got wind of the forthcoming
opinion. The legal opinion declared that the owner had no right
to deny our visit and the OSM needed to allow us access before the informal
conference that we requested.
The site visit was limited to four stakeholders with no press or
other government agencies permitted to accompany us. We were not permitted
to see the steps taken by the company to meet past deadlines and view
the progress made toward meeting the 1/1/2002 and 1/30/2002 deadlines
of TDEC on permit violations on the same Basins to be employed in
the underground mining operation. We noted that mining operations had
been completed for the day when we visited and we contend that a visit
to see what actions are to take place at all the basins (all of which
are seeping) would have been appropriate. The "to be permitted area"
includes the present facilities.
We requested a site visit with TDEC staff of all the basins and
as of 3/6/02 the TDEC legal beagles are still figuring out how that can
be accomplished . Our request for a hearing on the TDEC water pollution
permit. has been granted It will take place on Tuesday, March 26th
at 7:00 PM in the Cumberland County Courthouse
The TDEC water permit is a necessary part of the Application for
Underground Mining that The U.S. Office of Surface Mining manages and
is satisfied with.. Only TDEC can have the Application modified, additional
measures taken, etc. All of the requests cited below
apparently did not precipitate any action (or even the promised response)
by the OSM.
We learned on the visit that top of the bell shaped uprising which
is presently being strip mined drops off rather steeply meaning that the
underground mine might be 600 feet deep or more by the time it reaches
the Catoosa property line. The seam might be over 30 feet thick
(very unusual) but would probably vary considerably. The owner expects
to mine between 2 and 3 million tons of coal for TVA.
The groundwater is on top of the coal. They do not expect natural
gas to be a problem and apparently expect to employ only blasting. Underground
mining requires lots of water and lots of water gets pumped to the surface.
We note in the Application that 6,900,600 cubic feet/year of discharge
from underground workings might be expected. The Preparation Plant water
usage would be 806 cubic feet/week but 80% of this would be recycled.
Understandably we have questions about the use of the present basins
considering the new loadings. While using present facilities that have
been found without OSM violations is reassuring to OSM, it is not reassuring
to us. It is frightening to find that basins with seepage problems and
violations are not being replaced with better designed basins.
If seeping basins are meeting OSM standards, we need to see how they interpret
the laws. Hopefully TDEC will not tolerate seeping basins.
The seepage from all the basins must be pumped from catchment facilities
and all of the water leaving the site must be treated. Lime trucks entering
the site sometimes outnumber the coal trucks leaving but we could not
find where records would be required. . We found the treatment plans
in the application for underground mining to be vague and devoid of specifics.
We believe that the present mine will need perpetual treatment of acid
mine drainage. This contention must be proven wrong before OSM has the
ability to issue another permit on the site, under the law (Section
510 b (2)). We are advised by those experienced in dealing with
the OSM to expect lots of slippage. We have received no proof
that our contention is wrong. It seems not to matter to OSM.
Maybe it will to TDEC.
After reading the Application and all the reassuring views, and
plans, and knowing the surface mine history, we are very concerned about
the will and ability of the company to fulfill the commitments in the
Application and the several regulators to adequately monitor and require
timely remedy of violations. This is a mine in the Sewanee Seam
that demands close scrutiny with a sound enforcement rationale. which
we could not find. On the map provided us there was only one
groundwater well in the mining area which is almost certainly inadequate.
.Mining under the Newton Sandstone (which constitutes the area
aquifer) is apparently to be monitored with three groundwater wells: We
are not sure what OSM will be looking for and what can be done or will
be done to remediate adverse findings.
The source of all the water to be used remains a concern
that we did not see adequately addressed. We note that domestic groundwater
use in the Rogers community and Millstone Creeks area are from wells in
the Rockcastle and Vandever formations which are stratigraphically higher
than the Newton Sandstone. OSM was not so sure that the wells would not
be effected by having a pledge built into the permit for the restoration
or replacement of water resources of equivalent quality and quantity by
the applicant. We feel it is imperative that a baseline be established
in all the artesian wells in the area and Rogers community before mining
begins. Results should be filed with OSM and shared with property owners.
We would like assurance that all wells that might be effected are included.
Somehow we doubt that this will happen without public concern and
A Pre-blast Notice is to be sent to residences in a 1/2-mile radius,
which we contend, may not be adequate. We would like to know how many
are to receive the notification and when. We may publicize that residents
should request a pre-blast survey of the condition of their dwellings
or structures long before the required 30 days before blasting begins.
While blast monitoring equipment is to be used and records kept of each
blast, we would like to see the results recorded with blast size noted
and the resultant record from strategically placed, bolted down seismographs.
We have questioned the adequacy of all permits in protecting the
biological life of the affected streams, contending that meeting OSM and
NPDES limits can result in streams that are non-supportive by EPA/TVA/TDEC
standards. We are aware of the 2/2001 Biological Evaluation of the Millstone
Branch and Meadow Branch Watersheds
contending that regular studies are needed and that redundancies may not
be adequate. It only takes one mishap to kill the streams.
Mining and re-mining in the Sewanee seam seems to us to be inconsistent
with the TN Anti-degradation policy and requirements for protection of
a Tier 3 river.
Mining in the Sewanee seam has been a problem most everywhere, and certainly
is at this surface mine.
We asked that the Application for Underground Mining be
denied and mining cease at the Cumberland Coal Company.LLC on the north
side of Smith Mountain when the present permit expires in a couple months.
contend that the problems have not been adequately addressed and may never
be. In all probability new ones cannot be prevented or addressed without
compromising area streams that have been afforded the highest of protection.
The watersheds involved are some of the most biologically diverse in the
world and deserve better.
On the visitation were Walter Stark of Cumberland County Chapter of SOCM
Jean Clark of Obed Watershed Association
Bill Naumann of Cumberland Countians for Peace & Justice
and Don Clark of the United Church of Christ
Network for Environmental & Economic Responsibility
Donald B. Clark
Pleasant Hill, TN 38578
(931) 277-5467 fax: 277-5593