May 20, 2010

Reportback on Spruce No. 1 CWA Permit Hearing

Several hundred citizens gathered in the Charleston Civic Center Tuesday night for an EPA-sponsored public hearing on their agency’s “proposed determination” to block the Clean Water Act permit for the Spruce No. 1 surface mine.

If allowed to move forward, the Spruce No. 1 mine would be the largest in West Virginia history and cover 7 miles of streams in Logan County, near Blair. The Army Corps of Engineers approved a scaled-back version of the permit in 2007, which the EPA moved to veto last October. In March of 2010, the EPA announced a “proposed determination” to block the Clean Water Act Permit for the mine, saying it had “reason to believe that the Spruce No. 1 Mine, as currently authorized, could result in unacceptable adverse effects to fish and wildlife resources.” 

Despite the deeply divided sentiments that pervaded the room, the hearing proceeded in a civil manner, with the crowd respectfully allowing each speaker their allotted two minutes.

“I heard a man speak about potable water and that’s wonderful,” said Marilyn Mullens, a Whitesville, W.Va. native and U.S. Army nurse, “I want everyone to have clean water, but we eat animals, we eat plants that have to have clean water.”


Photo by Charlie Anko


Speakers who opposed the permit included local residents, a former UMWA miner, anti-mountaintop removal activists and scientists. They argued against the permit from a wide variety of angles, pointing out the health, environmental, human and economic impacts of coal.

“I care mostly about the people of Appalachia,” said Laura Steepleton, of Climate Ground Zero. While mountain ecology is part of what catalyzed Steepleton to action, she continues to organize because of her experiences talking to Coal River Valley community members, many of whom have suffered ill-health effects and have had their home foundations crack due to nearby blasting.


Photo by Charlie Anko


The opposition was heavily weighted with coal industry higher-ups and politicians. Nick Rahall of West Virginia’s 3rd Congressional District compared fisherman whose livelihoods have been ravaged by the recent oil spill to the impact vetoing Spruce No. 1 would have on strip miners (despite the fact that fishermen livelihoods were ruined by an extractive industry). Bill Raney of the West Virginia Coal Association and Randall Maggard, a manager at Argus Energy, also spoke—emphasizing that vetoing the permit would take away jobs and create a precedent that could threaten the mining industry as a whole. No one in favor of the permit mentioned that economically mineable coal will likely be gone from southern West Virginia within the next few decades.

Strip miners and residents were among the pro-Spruce speakers, but comprised a minority. Representatives of the Logan Chamber of Commerce and the county schools, both of which receive coal severance tax dollars, spoke out in favor of the permit.