Tag Archives: coal slurry impoundment

Deer Run Mine Permit Renewal Demonstration and Hearing

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Deer Run Feb 19 2014 permit 399 renewal pre-hearing protest 011

Citizens stand at the Abraham Lincoln statue on the public square across from the courthouse to protest the renewal of Permit #399 for the Deer Run Mine located within the city limits of Hillsboro.

Deer Run Feb 19 2014 pre-hearing protest 007

Five years ago citizens requested an administrative review of Permit #399, for which they are still waiting. In the meantime, coal has been pouring out of Deer Run Mine and the time has already come for the 5-year permit renewal. Citizens are asking for justice.

Deer Run 399 Renewal IDNR Public Hearing Feb 19 2014 Mary Ellen DeClue 034

Nine citizens gave comments and asked questions at the Illinois Department of Natural Resources public hearing.

Citizens to Protest IDNR Flawed Mine Permit Renewal

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What: Public Protest Demonstration of IDNR Coal Mine Permit Renewal
When: Wednesday, February 19, 2014, beginning at 5:15 p.m.
Where: public sidewalk across from the Historic Courthouse, Hillsboro, south sidewalk,  at #1 Public Square, Hillsboro, at the Abraham Lincoln statue.
Citizens are protesting the Illinois Department of Natural Resources (IDNR) permit for the Deer Run Mine at a public demonstration at 5:15 p.m. February 19th, across from the Historic Courthouse Public Square in Hillsboro. The state is considering an additional five-year permit renewal approval for the same permit that was challenged by area residents and Sierra Club in 2009 for being incomplete and not protective of the local environment and community.
            IDNR should re-examine the Cumulative Hydrologic  Impact Assessment for this coal mine since the mine’s full impacts on area water resources have not been fully addressed. Citizens Against Longwall Mining (CALM) is opposed to the underground longwall mining method used at the mine, which removes nearly the entire coal seam and drops or subsides the surface of the ground often four to six feet with earthquake like impacts. The group is concerned because the Deer Run Mine is covering hundreds of acres of farmland with massive toxic coal slurry impoundments. Once the massive coal waste impoundments are built they will not be cleared away and the land cannot be returned to farming.
             The original permit approved by IDNR in 2009 did not supply specific locations for the coal slurry waste impoundments under the five-year permit. In 2010, the mine filed for and received approval for a major revision that drastically altered an in-ground coal waste pond into an 80-foot-high, approximately 140-acre high hazard impoundment.  Last year the mine applied for a new permit for a nearly 300-acre, 65-foot-tall impoundment which could be the second high hazard dam coal slurry structure at the site. This high hazard impoundment is twice the size of the first impoundment and is located closer to residents in Hillsboro and Schram City. High Hazard dams mean that a dam break could cause injury to property and possibly loss of life.
            The groundwater and drainage around the mine here at Hillsboro are at risk. Future generations will have to deal with what happens to the very shallow underground water levels and the potential for contamination since underground layers here have areas of sand that can allow pollution to travel more quickly and in unexpected ways.
            The Deer Run Mine permit is held by Hillsboro Energy, LLC, which is a Foresight Reserves corporate entity linked to the Natural Resource Partners mining conglomerate that began in West Virginia and is headed by coal billionaire Chris Cline.
            IDNR is holding a public hearing on the renewal of the Deer Run Mine permit at 6 p.m. in the second floor boardroom of the historic courthouse in Hillsboro at #1 Public Square.

ADMINISTRATIVE REVIEW TESTIMONY ON DEER RUN MINE NOT ALLOWED BY OFFICE OF MINES AND MINERALS

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The 5 year renewal of Permit 399 for Deer Run Mine is under consideration by Office of Mines and Minerals (OMM) in the Illinois Department of Natural Resources (IDNR). For over 4 years, Citizens Against Longwall Mining (CALM) and Sierra Club petitioners never got to present their experts or present their full case against this permit. The petitioners against Permit 399 were dismissed on Halloween 2013 by a new IDNR Hearing Officer.  It was fitting that the dismissal occurred during IDNR’s Halloween costume parade since the petitioners had already experienced several years of horror and disbelief on the Permit 399 challenge.

The reality of the 4-year battle to challenge Permit 399 with IDNR/OMM involved:  an adversarial relationship, dismissal of petitioners on questionable basis, prolonged delays, and stonewalled and unfulfilled FOIA requests. The most threatening action of IDNR/OMM was its request to Hearing Officer (H. O.) Michael O’Hara to sanction the petitioners and our lawyer after a Summary Judgment filing was submitted in July, 2010.  After this filing, eight motions were left unanswered by Mr. O’Hara and our case remained on a hiatus for over 2 years. A new IDNR Hearing Officer was assigned to the case and began issuing a response to motions in 2013.

In September 2013 the sanctioning threat motion to our first lawyer was answered and it acknowledged the entry filing made in February 2011 of David L. Wentworth II, the lawyer filing to represent the petitioners.  The second IDNR Hearing Officer did not dismiss the sanctioning threat to the petitioners. Without answering other pending motions, the petitioners were dismissed with the stated reason that their attorney had not met a filing deadline. Subsequently, attorney Wentworth, acting for the petitioners, filed an appeal on the Halloween dismissal with IDNR and also filed a Complaint for Administrative Review with the Circuit Court of Sangamon County.

There have been 4 permit applications to OMM by the Deer Run Mine company Hillsboro Energy LLC (HEL): original 399 Permit, Significant Revision 1 of Permit 399 for impoundment 1, Permit 424 for the 2nd impoundment, and renewal of Permit 399.   Citizens are greatly concerned about the power of OMM to make changes that it deems acceptable to coal mining permits as “Insignificant Revisions” which are not placed on public notice and have no comment opportunity.  At Deer Run Mine, as of January 2014, there are 12 Insignificant Permit Revisions and 6 Insignificant Boundary Revisions for Permit 399.

Citizens feel that OMM delayed and impaired their public participation as established by state and federal mining laws.  The administrative review process should have been handled in a timely manner, accepting of concerned citizens’ involvement, and open to freedom of information requests. It is the responsibility of IDNR to hire an appropriate hearing officer to conduct the Administrative Review, but there were delays and a 2 year hiatus of the first hearing officer.

Many issues and inadequacies of Permit 399 exist.  These include additional safety and environmental threats resulting from coal production and Deer Run Mine expansion to a proposed 2nd high hazard dam coal slurry impoundment.  OMM never addressed the inadequate cumulative hydrologic impact area and unlisted stream tributaries that HEL presented in the Permit 399 application.  The drainage problem of subsided farmland and the permeation of coal dust in the atmosphere are still facing the community.

The potential for groundwater and surface water contamination, including Old Hillsboro Lake, is increased by ignoring hydrologic issues and location of impoundments.   The likelihood of failure and leakage will only multiply over time, which is a permanent problem for the community since the impoundments plus coal slurry will remain in place covered with soil in perpetuity. Failure of the impoundments would inundate portions of Hillsboro, Schram City and surrounding area with millions of gallons of noxious coal slurry according to the maps presented by the coal company in their permit applications.

If justice were the issue; it did not occur.  The opponents to 399 had no idea of the coming intimidating legal ramifications and the resulting economic and personal stresses that included “sanctioning” by the state.  Sadly, intimidation by IDNR/OMM is employed as an effective approach in squelching individual objections to Deer Run Mine.  The community, health of residents and the environment are still at risk; so once again IDNR/OMM’s “unique” application of state and federal mining laws enhanced coal profits on the backs of citizens.

CALM Gets a Great Response at the Hillsboro Old Settler’s Celebration

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CALM Old Settlers Cathy Aug 2013 009The outside temperature went up to 90 degrees, but CALM volunteers had free iced-cool water for the public, a fan-cooled tent, and some pretty cool displays at the downtown Hillsboro Old Settler’s street fair and celebration, August 21st and 22nd.

Thanks to a Heartland Coalfield Alliance Grant, new brochures were available for handouts. Information included health concerns from coal and Illinois Environmental Protection Agency (IEPA) phone numbers to call to report air issues. To alert the public before the Old Settler’s event, CALM also had a day-glow lime green information page insert in the Hillsboro newspaper with coal dust air quality concerns and a form to file an environmental quality complaint to the state. The Heartland Coalfield Alliance grant provided funding for these special efforts.
CALM Old Settlers display Aug 2013 013At Old Settler’s, a three-panel display board showed longwall mining impacts on flat farm ground. There was information on homes destroyed and historic farm families uprooted because of longwall mining. Issues regarding harmful health affects of coal were also listed. Aerial photos of the Refuse Disposal Impoundment #1 at the Deer Run Mine and large-format maps and information about the second Refuse Disposal Impoundment currently under consideration were also on display. Several photos showed the proximity of the mine processing plant to the Hillsboro Hospital and downtown. Other photos showed the coal slurry refuse impoundment areas and pointed out nearby neighborhoods in Schram City. The coal slurry impoundments are all High Hazard Dams, meaning that loss of life and or property are possible if a breach occurred.
CALM Old Settlers Cathy and Map Aug 2013 011
Signs with “Water Is Life ! CALM Loves Clean Water, Too !” and other posters were around the tent. CALM had a Petition to the Mayor of Hillsboro to request an air monitor at the Hillsboro Hospital and one at the near-by nursing home, which gained a lot of interest and a very good response. Plans will be made in the next weeks to present the petition to the Mayor.

CALM Old Settlers Aug 22 2013 010

Special Thanks go to lead CALM volunteer in organizing the event, Mary Ellen DeClue. Her energy and enthusiasm kept everyone going. Many volunteers made this effort possible, with providing tables, chairs, and other support. In spite of the 10 p.m. finish on a very hot August 22nd, seven dedicated sets of volunteer hands made quick work of packing things up. Several CALM members stopped by the booth during the days to provide fans and support. Chocolate chip cookies were provided by Chair Cathy Edmiston, who helped staff the display and handed out water bottles. Cathy and volunteers handed out  cold water to over 200 people.