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An aerial view of part of the Hobet mine in West Virginia, where mining has already begun. (Vivian Stockman/OHVEC.org and SouthWings.org )
The federal government’s permit approval for a mining project in West Virginia is raising red flags for environmental organizations. Within hours of receiving a compliance letter from the Environmental Protection Agency (EPA), the Army Corps of Engineers issued a permit on Wednesday for Hobet Mining to commence mountaintop mining in the Hobet 45 mine in Lincoln County.
The Hobet 45 mine is one of 79 projects the EPA has identified as raising environmental concerns under enhanced coordination with the Army Corps of Engineers. Decisions on a large group of permits were delayed for several years due to litigation.
“Each permit is looked at on an individual basis and goes through an extensive review process,” said Peggy Noel, an Army Corps of Engineers spokesperson.
The permit application was first submitted in 2007. Wednesday’s approval notice came after a final 60-day period of close cooperation between the EPA, the Corps of Engineers, Hobet Mining, and related government agencies.
Environmental Controversy
The approval of the Hobet 45 mine permit was criticized by environmental groups because it will allow for years of controversial mountaintop mining, which can lead to environmental damage. It is considered by many environmental groups to be the most destructive form of coal mining.
The process involves exploding the tops of mountains to expose coal deposits. It sends rock, sediment, and debris down the mountainside and potentially into waterways, such as streams and rivers.
According to the Corps, however, the only organization to submit a public comment before the permit was approved was the Ohio Valley Environmental Coalition.
At the heart of the controversy over the Hobet 45 mine permit is its connection to a rule in the Clean Water Act that was added by George W. Bush’s administration. Section 404 of the Act regulates the discharge of dredged or fill material in U.S. waterways.
“During the Bush administration there were rules put through that say mining waste can be considered fill,” said Oliver Bernstein, a spokesman for the Sierra Club, an environmental advocacy group. “That means that instead of being categorized as waste, mining debris is fill material, which has fewer environmental restrictions.”
According to the Sierra Club, the rule can lead to serious environmental damage and should be changed.
“We are encouraging the Obama administration to fix it,” Bernstein said. “We know that mining waste is dumped into streams and valleys as part of mountaintop coal mining, and is extremely toxic. It contains not only rocks and pebbles but arsenic, selenium, mercury, and a large number of heavy metals. They rumble down the side of the mountain when they blow up the top of the mountain. All that waste is dumped in the streams and valleys.”
