NORTON META TAG

31 March 2012

Support EPA veto of Spruce No. 1 mine (CRMW) & Keep Up The Fight To Stop Mountaintop Removal Mining (EARTHJUSTICE) 31MAR12 & Spruce No. 1 Mine (from EPA) 18MAI10

THE EPA has vetoed the Spruce No. 1 mine in West Virginia. Letting this mountaintop removal mining operation go on as approved by the U.S. Army Corp of Engineers (in violation of Clean Water Act regulations) is a victory for the people of West Virginia, especially the residents of Logan County. It stops removal of 2000 acres of the mountain and the valley fills in the Spruce Fork watershed of the Pigeonroost Branch and the Oldhouse Branch of the Little Coal River, which flows into the Coal River. Now a federal court has overturned the EPA ruling. The Coal River Mountain Watch and Earthjustice are calling on friends and supporters to submit messages to the EPA telling them to appeal the courts ruling and reinstate the EPA ban on Spruce No. 1 mine. Click the links to participate. AND if you wonder what mountaintop removal mining does to the people and the environment of the region watch the documentary "On Coal River" which is being made available for free through the CRMW link below. Last is the original EPA decision issued in 2010. And if you like heroes check out my post from 21JAN11 on the death of Judy Bonds, she gave her life to the fight against this mine and all mountaintop removal mining at "THOUSANDS PAY TRIBUTE TO JUDY BONDS: SHE HAS BEEN TO THE MOUNTAINTOP-AND WE MUST FIGHT HARDER TO SAVE IT
http://www.blogger.com/blogger.g?blogID=6156607164032733669#editor/target=post;postID=2715201580236200713



In this Issue:
1. Support the EPA's veto of the Spruce No. 1 Mine

2. Tell the Office of Surface Mining to revoke mountaintop removal permit on Coal River Mountain

3. "On Coal River" free online

1. Take Action!  Support the EPA's veto of the Spruce No. 1 Mine!
Late last week, a federal court overturned the Environmental Protection Agency's veto of several valley fills for one of the most disastrous and destructive mountaintop removal mines in U.S. history, the Spruce No. 1 Mine in West Virginia.
The EPA was right to veto the valley fill permits of this terrible mountaintop removal coal mine. The Spruce mine poses serious threats to the communities below the mine, many of which have already suffered from the water, air, and health impacts of mountaintop removal mining.
The EPA has a very strong case for appeal, but they need your support to continue to use and defend their right and obligation to stop destructive mining.
Will you take a moment to urge the Obama administration to move forward in its efforts to address the extreme destruction of mountaintop removal coal mining? Please take action now and urge the Obama administration to stand strong amid coal industry attacks and take even more action to protect the waters and people of Appalachia.  Also, show your support for the EPA's Spruce decision by voting on Charleston Gazette's online poll (scroll down, on the left).


2. Take Action!  Tell the Office of Surface Mining to revoke a mountaintop removal permit on Coal River Mountain
In 2008, the WV Department of Environmental Protection granted Massey Energy a permit for mountaintop removal on Coal River Mountain. This permit allows Massey (now Alpha) to destroy 2000 acres of the mountain, despite the objections of community residents living directly at the foot of the mountain.
Fortunately, Alpha has not yet started mining on this permit.  According to federal law, any permit which does not start within 3 years of being issued is automatically terminated.  Eagle II is one example of what appears to be Alpha/Massey's strategy of getting permits for areas that they have no immediate intention to mine before they are faced with stricter regulations and more science clearly proving the irreversible impacts of mountaintop removal. 
Take Action! Tell the federal Office of Surface Mining to revoke this permit due to Alpha's clear violation of the law.
3. "On Coal River" documentary free online
We are very excited that the award-winning documentary film "On Coal River," which features the work of Coal River Valley activists and Coal River Mountain Watch volunteers, is now available for free online here.



Coal River Mountain Watch:  www.crmw.net
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Earthjustice - Take Action Today
TAKE ACTION! Keep Up The Fight To Stop Mountaintop Removal Mining Take action today!
Kayford Mountain Blast (Mark Schmerling)
Destroying mountains and dumping toxic waste in communities’ waters is wrong. Please urge the Obama administration to stand strong amid coal industry attacks and to protect the waters and people of Appalachia.
Take Action Today!
Late last week, siding with the coal industry, a federal court overturned the Environmental Protection Agency’s veto of one of the most disastrous and destructive mountaintop removal mines in U.S. history, the Spruce No. 1 Mine in West Virginia.
This ruling was a heartbreaking setback for the people who’ve been fighting to protect their communities from this destructive mine for more than a decade now, and for the 38,000 Earthjustice supporters like you who had urged the EPA to issue that veto. But it doesn’t have to mean defeat—as long as the Obama Administration keeps standing behind EPA and the Clean Water Act. That’s why the White House needs to hear from you now.
Along with our partners in Appalachia, we will continue fighting the Spruce mine permit and all mountaintop removal mining until protections and justice are brought to Appalachia. We vow this much because destroying mountains and dumping toxic waste in communities’ waters are plain wrong. People deserve clean water and a safe environment—it’s just that simple.
Will you stand with us against this grave threat to the communities of Appalachia who live below the mine and have already suffered the water, air and health impacts of this extreme mining practice?
We believe the EPA has a very strong case for appeal, and we need your help in keeping up this fight for what is right.
Please take a moment to urge the Obama administration to move forward in its efforts to address the extreme destruction of mountaintop removal coal mining. Act now to urge the Obama administration to lead its agencies to more actions to protect the waters and people of Appalachia.
Sincerely,
Liz Judge
Liz Judge
Campaign Manager
Earthjustice
Take action today!
The green valley to the right was the site of the proposed Spruce No. 1 mine (Photo by Vivian Stockman of OVEC, Flyover courtesy SouthWings)
©2012 Earthjustice | 50 California Street, Suite 500, San Francisco, CA 94111 | 415-217-2000 | action@earthjustice.org

Spruce No. 1 Mine

After extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, EPA announced that it will use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company's Spruce No. 1 coal mine. EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities.
Clean Water Act Section 404(c) authorizes EPA to restrict or prohibit placing dredged or fill material in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in "unacceptable adverse effects" 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 although EPA is not considering such action for other previously permitted projects.

Location of the Spruce No. 1 mine in southwestern West Virginia
The Spruce No. 1 Mine is one of the largest surface mining operations ever authorized in Appalachia. It is located in Logan County, West Virginia in the Spruce Fork Watershed, which has been impacted by previous mining activities. The Mingo Logan Coal Company has been authorized by the U.S. Army Corps of Engineers, Huntington District to construct six "valley fills" and numerous sedimentation ponds in Seng Camp Branch, Pigeonroost Branch and Oldhouse Branch and certain tributaries to those waters by discharging excess spoil generated by surface coal mining operations. These on-site streams are tributaries of and exhibit surface water connections to Spruce Fork of the Little Coal River, which ultimately flows into the Coal River.
EPA has reason to believe that the Spruce No. 1 Mine, as currently authorized, will result in unacceptable adverse effects to fish and wildlife resources. EPA's action prevents construction of valley fills in Pigeonroost Branch and Oldhouse Branch. It does not affect current mining operations in Seng Camp Creek.


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