The proposed Rustic Ridge II coal mine wastewater discharge permit threatens area private water supplies, ecosystem service, and another headwater. Submit comments to DEP to save the headwaters of Jacobs Creek!
BackgroundÂ
LCT Energy is at it again. They are pursuing a new 2,300 underground acre coal mine in Mount Pleasant and Donegal Townships – more underground disturbance and a new portal that will ring blasts and bring over 200 new truck loads to the area of Route 31 and Clay Pike Road. That all means more development, more disruption, and more coal wastewater in our streams.
The wastewater permit is currently under technical review by the Pennsylvania Department of Environmental Protection. In reviewing the proposed National Pollutant Discharge Elimination System permit, or NPDES permit, LCT says they will have to bury over 1,000 feet of headwaters stream in Jacobs Creek and bury or destroy nearly half an acre of critical wetland. Even worse, they want to discharge sediment laden and polluted waste water into that same stream up to 78.8 degrees!
The company, who has been operating the Rustic Ridge I Coal Mine in Donegal and Saltlick Townships since 2018, has developed a reputation in our area for raising concerns on private water supply impacts, seriously damaging five homes in the Hellien School Road and Hellien Ridge Lane area with mine subsidence, making our roads unsafe with relentless coal truck traffic, dispersing coal dust onto our once scenic roadways, and operating out of compliance on their discharge into Champion Creek and eventually Indian Creek and the Youghiogheny River.
When DEP approved LCTs major amendment that allowed them to expand Rustic Ridge I by 1,400 acres under the headwaters of Fourmile Run, a second critical watershed system took a hit.
With a third headwater now in peril the Laurel Highlands is seriously vulnerable to a setback of decades of multi million dollar efforts to clean up the burden that the coal mining industry has placed on our mountain community.
Public Hearing Overview
The National Pollutant Discharge Elimination System program is part of the Clean Water Act, and is meant to regulate point sources which discharge pollutants into the USA’s surface waters. In Pennsylvania, NPDES permits are reviewed by the PA Department of Environmental Protection.
The public has a right to be heard on these matters so, Mountain Watershed Association requested a formal public hearing with PA DEP to allow property owners, residents, area stakeholders, and visitors at large to better understand and get on record about what they think about this new coal mine proposal.
On Tuesday, June 16 over 60 people packed Saint Raymond of the Mountain community space to be heard on the issue. Over a dozen spoke out on behalf of area groups and their own property owner rights, no comments at the hearing were in favor of the mine.
Areas of ConcernÂ
DEP distributed the NPDES Fact Sheet and permit details at the hearing. You can view it online here.
MWA developed a Fact Sheet from our review of LCT’s submitted permit. The concerns pertain to possible impacts to our regional watershed system, company compliance, and vulnerable private water supplies.Â
- LCT Energy already operates the adjacent Rustic Ridge I coal mine in Saltlick and Donegal Townships, and has a track record of mining and NPDES violations for that mine.
- In 2018, DEP gave the mine a $1,000 penalty for “discharging water that does not meet water quality limits.”
- In 2019, DEP issued a Notice of Violation after the mine released aluminum at 1.78 milligrams per liter—more than double the permitted 0.75 limit.
- The EPA has listed Rustic Ridge I as in “noncompliance” for 2 of its last 12 quarters.
- Rustic Ridge I has discharged selenium at levels almost six times the state’s safe limit for aquatic life, according to DEP’s own review.
- DEP identified iron, manganese, aluminum, total dissolved solids, sulfate, and selenium as pollutants of concern for that discharge.
- Stream Impacts
- The permit application proposes three new outfalls along Jacobs Creek, a tributary of the Youghiogheny River.Â
- At full capacity, the mine could produce nearly 70,000 gallons of polluted minewater per hour, which would eventually be released into Jacobs Creek after treatment.
- The permit would let the mine release “treated mine drainage and coal laden surface runoff” into the creek from a system designed for 2.81 million gallons a day.
- Water pollution resulting from mining of the Lower Kittanning coal seam is associated with Abandoned Mine Drainage (AMD) is commonly laden with heavy metals and acidity, which is incredibly harmful to aquatic life.Â
- If approved, 1,774 linear feet of streams will be permanently buried and/or destroyed and more than half an acre (0.57 acres) of wetlands would be filled. These streams would otherwise flow into Jacobs Creek.
- There are already abandoned mine discharges and seeps both within the permit area and immediately surrounding it, one of which requires perpetual treatment. LCT’s own permit materials (Module 8.1) say:
- “Historical surface mining activity appears to have impacted the local near surface shallow flow regime adjacent to the previous mined extents.”Â
- “Three (3) seeps located near the proposed mine plan area exhibited elevated levels of iron, manganese, and sulfate concentrations… These seeps were observed to be rich in oxidized iron based on water discoloration during field observations.”
- “Two (2) seeps located within or near the surface site boundary were observed to be rich in oxidized iron based on water discoloration during field observations.”
- Private Water Supplies
- The company’s application identifies 116 private wells and springs above the permit area and within 1,000 feet of it. The application states that some wells and springs in upland areas could experience drops in water level or flow. The materials do not clearly explain how long those impacts might last.
- 116 wells and springs is likely an inaccurate number. Mountain Watershed Association and property owners in the Rustic Ridge II permit area have identified 10 private water supplies which were not recorded.
How to Submit Comment/Deadline
Even if you couldn’t make the in person public hearing the DEP will accept written comments until June 30th for those unable to provide oral testimony. Submit written comments via email to lorjenkins@pa.gov and include the permit number (#PA0236641) in the subject line.
If you need support emailing comments, MWA is here to help!
Contact Stacey at 724-455-4200 x9 or at stacey@mtwatershed.com.Â
There are many ways to get involved! Take action to support our right to clean water and the legacy of the beautiful Laurel Highlands!
Now is the time for those who value our mountain area to rally to understand and express our concern over our access to clean water! Consider any amount of action a major contribution to the effort!
- Submit Public Comment to DEP on RRII NPDES: Due June 30 by 4pm
- Army Corp of Engineers Actions: Due to the nature of waterway disruption that is proposed with the RRII Coal Mine, the Army Corp of Engineers must review and weigh in. We want an in-depth Environmental Assessment and an opportunity for public comment with this federal agency. SIgn on to be sure that happens.
Protect the Laurel Highlands from the Rustic Ridge #2 Coal Mine – Action Network - Make your voice heard by commenting and/or attending township and county meetings.Â
- Mount Pleasant TownshipÂ
- Donegal TownshipÂ
- Westmoreland County Commissioners
- Rustic Ridge II Area Property Owners: If you live in the RRII permit area, check that your property is accurately listed in the Water and Structure Inventory. Contact Nate at nate@mtwatershed.com or at 724-455-4200 x 10.
- Build the record and allow waterway assessment by MWA: Background information on our waterways and aquatic life is so important to prove what is at stake or what could be lost. Contact Stacey at stacey@mtwatershed.com or 724-455-4200 x 9 to discuss land access for water quality and aquatic life surveying on your property.Â
- Donate to our Legal Defense Fund: The Mountain Watershed Association takes these issues seriously. We currently have several legal actions moving to hold the DEP and LCT accountable to our right to clean water and a safe community. Consider donating to our legal defense fund to support these efforts! Protecting, Preserving, and Restoring the Youghiogheny River WatershedÂ