On November 1st, the Pennsylvania Department of Environmental Protection published a Notice of Proposed Agreement, page 6994, to clean up parts of Dunkard Creek, a small river that runs through Greene County, Pennsylvania and Monongalia County, West Virginia. The agreement between the DEP and Dana Mining Company of Pennsylvania, LLC, and AMD Reclamation Inc., proposes a joint project where the organizations will focus on the collection and treatment of acid mine drainage from abandoned underground coal mines. Dunkard Creek was the site of one of the worst regional ecological disasters in recent years. The reclamation agreement features a private and public trust fund established to prevent future abandonment of one of the mine shafts along the river.
Dunkard Creek is a stream 36.9 miles (59.4 km) long, originating in Greene County. It meanders between Pennsylvania and West Virginia before feeding into the Monongahela River northwest of Point Marion, Pennsylvania (three miles north of the two states’ border). The river snakes back and forth between the two states and crosses the border three times in one mile. In September of 2009, the stream suffered a massive fish kill in which approximately 40,000 fish washed ashore dead. Fourteen species of freshwater mussels (15,000 killed), 6,000 mud puppies (a kind of gilled salamander that lives underwater), and various insect species were also decimated.
Federal and state regulators determined an invasive algae species, golden algae, thrived on the abnormally high salt content in the river, causing the kill. While the golden algae bloom was determined to be the cause in fact of the disaster, the bloom would not have occurred but-for the salinity of the water. Both coal mining and oil and gas drilling have shouldered the blame for the ecological disaster but no one company will admit fault. U.S. EPA effectively ended the argument by placing blame on Consol Energy; however, private accusations suggest a collusion between drilling and mining in which both industries acted in a harmful manner.
In the wake of the fish kill, Consol Energy agreed to pay a $5.5 million civil penalty for Clean Water Act violations occurring in West Virginia. The EPA directly stated that one of those violations contributed to “severe impairment of aquatic life and conditions favorable for golden algae to thrive in Dunkard Creek.” As part of the settlement agreement, Consol had to spend an estimated $200 million in pollution controls that would reduce discharges of harmful mining wastewater into Appalachian streams and rivers. Consol has since built the Northern West Virginia Water Treatment Facility, a “Zero Liquid Waste” facility which was designed, built, and now operated by Veolia Water, a global leader in water and wastewater services and technologies. All waste produced by the plant is in a solid state with no free water and is recyclable.
Earlier this year, the West Virginia Division of Natural Resources found life is not only returning to the river, but at a faster rate than expected. Previous reclamation efforts on both the Pennsylvania and West Virginia sides have resulted in a near complete replacement of wild life. The stream, which was once known for its muskies and mussels, once again has a viable population to attract sport fisherman and cultivators. The PA DEP notice is the next step in the reclamation for Pennsylvania.
The DEP agreement between Dana and AMDRI (the “Agreement”) will allow for mining to continue while ensuring that no disaster will occur again. The Agreement permits Dana to continue mining efforts if they collect and treat waste water from abandoned mines near their site. The capture and collection of mine discharges is projected to result in a substantial reduction of iron (99% reduction), manganese (78% reduction), and aluminum (90% reduction) into Dunkard Creek. See Page 6995. Addition terms of the Agreement state that Dana and AMDRI must establish a trust for the operation and maintenance of the Steele Shaft treatment facility. The trust requires an annual payment of $300,000 for 20 years. Failure to maintain the plant results in its transfer to the Commonwealth of Pennsylvania for a nominal fee. The trust fund will then be used to maintain the plant or shut it down. The Agreement is subject to a 30-day public comment period. During this period, the public may address their concerns which may be directed to the DEP’s California District Mining Office. See The Proposed Consent Order and Agreement (Page 6995) for further details. The Proposed Consent Order and Agreement (Page 6995) for further details.