Roaring River Chapter

I. HISTORICAL BACKGROUND OF MINING ISSUES IN TN.

In the late nineteenth century, mining companies began operating underground coal mines in Tennessee. By the 1950s and 1960s, the coal industry began surface or strip mining in the Cumberland Mountains. Surface mining caused horrific environmental degradation, and, in 1972, citizens in 5 coal counties--Campbell, Scott, Claiborne, Anderson, and Morgan--formed SOCM to fight the abuses of the powerful corporations in their towns. Along with other environmental groups, they worked at the state and national levels to ban strip mining. Despite their hard work, they found that the best they could do was win legislation to limit the environmental damage. In 1977 Congress finally passed the Surface Mining Control and Reclamation Act (SMCRA) to set standards for mining practices.

Under the provisions of SMCRA, the Office of Surface mining (OSM) issues mining permits. To get a permit, the companies put up a bond to insure they will reclaim the mined area. This bond is returned to the company in 3 phases as they reclaim the area. Phase I bond release occurs when the operator has performed the primary earth moving reclamation obligation:
· returning the site to its approximate original contours
· back-filling and grading
· covering all toxic materials
· replacing topsoil
· preserving water quality and quantity
Phase II bond release occurs after the site is re-vegetated and if water quality is still acceptable. At this point, OSM considers a site reclaimed. Phase III bond release is the return of the entire bond to the operator after all work is completed and a 5-year waiting period has expired. OSM inspects these mines to make sure they meet the reclamation standards. From 1977 to 1984, the Tennesee Division of Surface Mining (DSM) enforced this law. During this period, however, many citizens became concerned about DSM's inconsistencies and failures in carrying out the terms of SMCRA. In 1977 and 1981 SOCM published studies of DSM's enforcement record that exposed disgraceful incompetence in executing the law. In 1984, the Federal government recognized these deficiencies and took over administering the entire program of permitting, inspection, and enforcement of standards. Now,OSM is supposed to protect the health and safety of Tennessee citizens from damage done by mining. SMCRA also allows citizens to participate in the permitting process, including petitioning for designation of Lands Unsuited for Mining. Because of the history of acid and toxic mine drainage from mining in the coal seams near the park, SOCM and Tennessee Citizens for Wilderness Planning (TCWP) filed the Fall
Creek Falls LUMP with OSM in July of 1995. The petition would create a buffer zone of 83,000 acres around the park's southwestern border,which would prevent future mining from affecting any streams flowing into the park. The LUMP attempts to protect the park from acid and toxic mine drainage (AMD) produced by mining the Sewanee and Richman coal seams. The primary ecological issue is contamination of surface and ground water from this toxic drainage.

II. ECOLOGICAL CONSIDERATIONS FOR THE PETITION

AMD is the result of the chemical reaction that occurs when iron and sulfur-containing minerals found in certain shales and coal seams combine with the oxygen in air and water. AMD impacts aquatic life by lowering water pH. The result is increase in acidity measured by pH levels. pH levels are measured on a scale of 1-14, with 1 being very acidic and 14 being very basic. Legal limits for pH are between 6 and 9. Acidic water contains dissolved metals in toxic concentrations. An increase in acidity causes iron hydroxide to precipitate out of the water, leaving a yellow/red coating (called yellow boy) on the creek bed. As a result, the bottom dwelling organisms are suffocated, and the entire aquatic food chain is disrupted and often destroyed. Acid and toxic mine drainage also poisons surface and ground water. It kills all stages of aquatic life, including adults, young, and eggs. Stock, wildlife, and humans won't drink it and it burns the skin and eyes of persons who come in contact with it.

This kind of toxic pollution is a major threat to the watershed in the LUMP area, because the coal Skyline is currently mining near FCF is largely from the Sewanee and Richland coal seams. These coal seams are associated with layers of Whitwell shale, which contains high amounts of iron pyrite. When exposed to the air and water, iron pyrite creates acid and toxic drainage. Once the chemical reaction has begun, these poisonous materials are released into the ground & surface water for many years. Mining in the Sewanee coal seam has produced AMD so enduring that some experts have called it "perpetual pollution machine."

III. TREATMENT OF AMD AND ENFORCEMENT OF WATER QUALITY STANDARDS

Water quality in the coal industry is regulated by the National Pollutant Discharge Elimination System (NPDES), which requires a permit for all industries that discharge water into a stream or reservoir from a mining operation. The EPA has issued water quality standards for the coal industry "based on the technical ability of the industry to control pollutants." Iron, manganese and pH are regulated, but other pollutants--especially sulfates--are not. Recent changes in Fed mining laws, however, weaken environmental protections. Companies no longer have to prevent AMD, they only have to indicate that they can treat it by neutralizing the toxins to a reasonable level by the time they leave the mine site. Thus, most mining operations try to treat rather than prevent AMD.
AMD is treated by attempting to raise the pH level by using natural buffering agents such as limestone or dolomite, which neutralize the acid. Skyline Coal Company has a toxic materials handling plan (TMHP) to treat the problem of AMD, but this plan is not adequate to protect Fall Creek Falls State Park and Natural Area. Skyline's TMHP to treat AMD is flawed because of several key problems with logistics and time.

Skyline proposes to treat acid and toxic mine drainage by treating it with massive amounts of lime. The excess limestone is mixed in with the overburden rubble (materials removed in the mining process) and then backfilled. Skyline claims the lime will forever neutralize all acid and toxins produced by disturbing and blasting the Whitwell shale. Yet, about 120 feet of rock and soil must be blasted and removed to expose about 30 inches of coal. The volume of rubble--mostly blast fractured sandstone and shale--that would need lime treatment is so large that it is unclear whether it can be properly treated. This is especially true when considering the period of time over which the treatment must be effective, which is centuries. It is completely unknown how long the lime will be effective in treating the drainage. Over time, the lime becomes "coated" and its ability to treat the drainage is exceeded. Recognizing that treating AMD with lime is problematic, Skyline Coal Company's latest TMHP hopes to prevent oxygen from air and water from interacting with the shale and producing acid drainage.

Skyline now intends to compact the backfilled spoil with clay to create a pavement impervious to water and place the toxic forming materials in this bed, far away from oxygen. In order for this area to be impervious to water, however, massive amounts of clay must be mixed into the spoil. Since the area being mined is sandstone, rather than clay, Skyline will have difficulty creating a clay cap that will meet the specifications for permeability. Even if they can successfully bury the shale away from air and water, toxic drainage will most likely still form, for once the acid producing material had been exposed to the atmosphere and the reaction has been initiated, a constant source of atmospheric oxygen is not required to sustain the process. A further problem with Skyline's plans is that no one can say for certain what will happen to the ecosystem as a result of introducing massive quantities of lime. The Cumberland Plateau is a sandstone not a limestone ecosystem. The introduction of carbonate minerals changes the composition of the water and soil. The US Fish and Wildlife Service predicts adverse consequences to the ecosystem of Fall Creek Falls State Park and Natural Area from the addition of carbonate minerals to control AMD.

Finally, Skyline's past record in mining the Sewanee Seam is not encouraging. According to OSM records, Skyline has already received approximately 40 Notices of Violations (. mostly between 1992-93) since they began mining the Sewanee seam in 1989. The majority of these violations pertain to water quality. The state's water pollution control office has also cited Skyline for AMD pollution. Evidence from other mines in the Sewanee seam suggests acid and toxic drainage will continue even after reclamation. In 1991-1992 SOCM conducted tests of water quality at 12 "reclaimed" surface mine sites in the Sewanee Coal Seam to determine if the mines were still producing AMD after they had been reclaimed. None of these mines belonged to Skyline, but the results of the tests have important implications for Skyline's mining operations. All 12 of these mines had passed thru Phase II of the reclamation process and were considered "reclaimed." Nonetheless, 10 of the 12 AMD. The two mines that were not producing AMD had no ground or surface water available for testing. It could be that they were generating toxic water as well. All of the 10 for which water was available showed AMD pollution in water discharging from the site, affecting the quality of water outside of the permitted area. SOCM's study indicates that reclamation, as defined by OSM, cannot be counted upon to adequately protect water quality from mining damage.

For all of these reasons, SOCM and TCWP, along with 44 other roganizations, have rallied the citizens of Tennessee to protect their precious natural heritage, Fall Creek Falls State Park and Natural Area.

VI. CURRENT STATUS OF THE LUMP

OSM drafted a Petition Evaluation Document-Environmental Impact Statement (PED-EIS) to judge the validity of the LUMP. The office released its' Environmental Impact Statement (EIS) responding to the petition last spring. Their preferred alternative to granting the petition is to allow surface mining in this area, but require an EIS for each individual mine to be opened, thus deciding whether to permit any proposed mine on a case by case basis. OSM then established a 90 day comment period on the EIS that culminated in a public hearing on June 18 at Cumberland County High School Gymnasium in Crossville, TN. At the hearing, almost 300 concerned citizens blasted the shoddy job that OSM did on the EIS and documented why their preferred alternative is inadequate.

After attempting to organize and respond to these comments, OSM has decided to reopen the public comment period until April 30. It would be a good idea to comment again. I' ll include a sample letter w/ addresses.

When they finish this process, they will revise the EIS and make their final recommendations to the Secretary of the Interior, Bruce Babbitt, who will make the final decision. Because of the intense political wrangling over this issue, the timetable for this process has been revised so many times that OSM has given up telling us when the final EIS will be out! We'll keep you posted as we get info. In the meantime, feel free to contact Beverly Brock at OSM with your concerns. Ms Brock can be reached at 423-545-4103, Ext. 146.

Signed, Katherine M.B. Osburn, SOCM, Roaring River Chapter