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Mountain Watershed Assn. Files Appeal Of DEP Decision Not To Accept Unsuitable For Mining Petition Covering 11,000 Acres In Westmoreland County

On March 22, the Mountain Watershed Association filed an appeal with the Environmental Hearing Board challenging the Department of Environmental Protection’s rejection of the nonprofit’s “Unsuitable for Mining” Petition, which could protect 11,000 acres of Laurel Highlands from surface mining in Donegal Borough, Donegal Township and Mount Pleasant Township, Westmoreland County. [Docket# 2024077]

In its review letter, DEP said--

“The Department has found that the MWA’s petition lacks sufficient allegations of facts and supporting evidence to establish that the petition area is unsuitable for all or certain types of surface mining operations, as required by 25 Pa. Code § 86.123(c)(2).

“The Department has determined that the allegations of harm lack serious merit and therefore deemed the MWA’s petition frivolous, as defined in 25 Pa. Code § 86.124(a)(2). As per 25 Pa. Code § 86.124(a)(4), the petition is being returned (enclosed).

“The petition does not establish a causal relationship between the allegations of harm cited in the petition and surface mining activities in the petition area.

“The allegations of harm cited in the petition include impacts to surface water bodies; these impacts include the potential for changes in stream flow and the introduction of pollution from parameters such as temperature, pH, iron, and manganese.

“The petition provides facts and supporting evidence that only associate those impacts with underground mining activities; the petition does not adequately link those impacts to surface mining activities as defined in §86.101.” Read more here.

The Association, however, the standards also allow for the DEP to consider impacts from surface activities connected with underground mining.

MWA included a lengthy hydrogeology report, which repeatedly referred to these types of impacts, such as the pumping, treating, and discharging of mine water into Jacobs Creek.

If accepted, the Petition would have triggered an in-depth “technical review” process, wherein DEP and other agencies undergo a roughly year-long analysis to determine if surface mining activities would result in substantial impacts to water supplies, substantially endanger property, or meet any of the four criteria for “unsuitability” set out in the regulations.

MWA’s hydrogeology report found -- amongst many other types of impacts -- that surface impacts are likely to result in roughly doubling the flow rate of water in tributaries to Jacobs Creek.

Such an extreme increase can lead to permanent destruction of fish and other aquatic habitats, according to the Association.

MWA Community Advocate, Madison Hinkle, said, “MWA submitted nearly 300 pages of materials and we only ask that the Department accept it for review and give it the thorough and proper consideration it deserves.”

Documents related to the appeal can be found at: Docket# 2024077.

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