Environmental Protection Significance

The Curry property is part of a large contiguous forested area that is very wild and remote.  It harbors qualities of an interior forest that provides undisturbed habitat for many native animal and plant species and natural communities, some of which are dependent on a large, unfragmented forest ecosystem.  The green salamander, which is listed as a PA Threatened species, is found in very few places in the state with a distribution limited to certain rock outcroppings in the southern portion of Fayette County.  This species is known to occur on the Curry property and it might also live within the impact area of the proposed mine. The Allegheny woodrat, also listed as PA Threatened,  inhabits similar habitat, but requires more area for foraging.  Direct disturbance to habitat, removal of the nearby forest canopy or changes in hydrology will likely adversely affect these species.  Development near and upslope of green salamander sites in Maryland have recently been implicated in the extirpation of more than one salamander colony.

This large, contiguous forested area of which the Curry property is at the heart of, has been the focus on large scale land protection for over 50 years by entities that include the Western Pennsylvania Conservancy, PA Dept. of Conservation and Natural Resources and the PA Game Commission.  This property is part of the Youghiogheny River Landscape Conservation Area.  It was given this designation by the Western PA Conservancy in the Fayette County Natural Heritage Inventory (WPC, 2000) because this river gorge contains a number of Biological Diversity Areas and because it is a large, contiguous forest that has retained much of it’s natural character and includes habitats for plants and animals that are recognized as state and/or federal species of special concern and natural communities that support exceptional native diversity.  The site of the proposed Curry Mine is adjacent to the Youghiogheny River Biological Diversity Area which is the most significant biological site in the county and region and, arguably one of the most important sites in the state.  Eleven species of plants and one species of animal of conservation concern are identified for this river corridor. The larger Landscape Conservation Area, which includes the river corridor, harbors an additional 5 plant species, 2 animal species, 2 herpetiles, 3 habitats and 3 geologic features all of special concern and designated as such by the PA Natural Heritage Program and potentially on or adjacent to the Curry Mine site.

The Yough River Gorge and its immediate watershed “feature a biologically diverse, minimally fragmented, forested corridor of striking beauty and great importance to the natural heritage of the county, Pennsylvania and the eastern United States (Fayette County Natural Heritage Inventory, WPC, 2000).  The proposed mine site is adjacent to Ohiopyle State Park which is considered a ‘crown jewel’ as natural resources in Pa and the region are concerned.

Given the environmental sensitivity of the proposed area, DEP should require the permittee to perform a detailed environmental impact statement.

Stream Designation & NPDES Permit

Currently, the unnamed tributaries to the Yough River that are included in the proposed mining area are designated Warm Water Fisheries by the PA Department of Environmental Protection. This designation allows these streams to be impacted by the mining operation with no protections.  A number of knowledgeable individuals contend that this designation is completely inaccurate and designation should minimally be High Quality - Cold Water Fishery based on the simple fact that these streams, based on their size, harbor diverse aquatic life (determined by DEP), have intact headwaters where forest canopy is completely intact. 

If justification for WWF is based on the lack of population size or low species richness (total number of species) of macroinvertebrates sampled, then the result should not be to give the a lesser designation.  The population and richness criteria are based on what would be found in a higher order stream that is designated HQ-CWF.  These unnamed tribs are smaller and do not have the capacity to support larger populations…it is that simple.  DEP is comparing apples to oranges in their designation process and should be revisiting the quality of these unnamed tribs and basing their designations on criteria that are more appropriate for these smaller order streams.  It can probably be argued that these streams are Exceptional Value by their very nature.

The NPDES permit (PA No. 0251305) will allow discharges from 7 sediment ponds and 5 treatment facilities; these will discharge into 5 unnamed tributaries of the Youghiogheny River.

This site proposes to divert water out of the Morgan Run and Johnson Run watersheds (both are designated as High Quality Cold Water Fisheries) through the use of diversion ditches which will control the direction of surface water.  As a result, these streams, which are designated as High Quality Cold Water Fisheries (HQ-CWF), will be warmer as less warmer generally results in warmer water.  This is not an appropriate use of streams that are designated HQ-CWF’s.

Deforestation and lack of riparian buffers will contribute to deterioration in water quality in these streams.

Chestnut Ridge Trout Unlimited is attempting to remediate Morgan Run from mine drainage, and recently received a Growing Greener grant from the PA DEP to install a passive treatment system.  Further degradation in a stream that CRTU is attempting to remediate using hundreds of thousands of dollars worth of taxpayer funds would be extremely counterproductive.  Morgan Run is not currently reaching its HQ-CWF designation due to mining in the headwaters of the watershed; this is the area where CRTU is planning to construct a treatment system. 

Should this system of diversion ditches break down or become overwhelmed due to a high precipitation event, the potential exists for untreated water to be discharged into Morgan and Johnson Run.

In the permit, section 8.4a says that all receiving streams are unnamed tributaries (UNT) to the Youghiogheny River, and are designated as warm water fisheries (wwf).  However, the public notice states that the receiving streams COULD INCLUDE Morgan Run, Johnson Run and the Youghiogheny River.  All are high quality cold water fisheries (HQ-CWF).  What does ‘COULD INCLUDE’ mean?

Recreation Significance

Contrary to what the DEP spokesperson stated at the Wednesday, April 16 DEP Public Meeting, the area of the proposed Curry Mine is a highly utilized recreational area.  The Great Allegheny Passage Bike Trail runs just below (elevationally) the proposed mine site and will be impacted, minimally, by noise and dust during mining operations.  State Game Lands #51 shares a boundary with the site and is utilized for hunting, climbing and hiking in all seasons of the year.  The popular Craelick Rocks is within 1000 feet of the proposed mine site.  This recreation destination is a premier rock climbing site.  Blue hole, a popular swimming spot on Morgan Run is within 1000 feet of the proposed mine site.  Morgan Run is becoming a highly sought after, class V whitewater run by kayakers from all over the region.

Notable Area Destinations and Distance from the Mine site

Fallingwater – 2.5 miles from mine site (blasting concerns?)
Kentuck Knob – 4.3 miles from mine site
Great Allegheny Passage Bike Trail – app. 1000 feet from mine site
Craelick Rocks – less than 1000 feet from mine site
Blue Hole – less than 1000 feet from mine site
Morgan Run – water will be diverted out of Morgan Run and so this, for all intents and purposes, is in the mine site.

Bonding

The total bond that Amerikohl is required to post for this site is $239,594.13.  The site is proposed to be 588.5 acres (with the mining area 279.9 acres of that 588.5); this works out to be 417.13 per acre for reclamation should the company abandon the site and forfeit the bond.

Threatened and Endangered Species

This area could be home to many threatened or endangered species.

A PNDI search for Morgan Run showed:
16 potential plant conflicts
3 potential mammal conflicts (two of which may be the Allegheny Wood Rat and the Green Salamander)
2 potential herpetile conflicts
3 potential habitat conflicts, which may include limestone outcrops that could be home to the endangered Allegheny Wood Rat and Green Salamander)
3 potential geologic feature conflicts

This is a total of 27 potential conflicts; it remains unclear how the company intends to resolve these conflicts.

Traffic & Invasive Species

This project, due to the amount of traffic (20 tri-axle truckloads per day for 21 months) into and out of the site as well as the amount of disturbed area, has the potential to introduce many invasive species that could cause harm to the threatened or endangered species.

-invasive species thrive in areas that have recently been disturbed
 
-invasive species are often introduced to areas through roadways and by piggybacking on equipment
 
-because the proposed mine area is bordered by contiguous forest the danger of introduction of invasives is certainly a potential problem
 
-there is currently no protocol (i.e. plan to clean equipment before entrance to site) from the mining company to address these issues. 

Overburden Analysis

A full overburden analysis should be completed prior to the issuance of this permit in order to ensure that no acidic discharges that may have detrimental impacts on water quality are created.  Acidic overburden exists in this area and has contributed to numerous acidic discharges in the past.  The promises of the company to ‘special handle’ acidic materials are not enough, especially considering that we already have 4,000 miles of streams that are impacted by abandoned mine drainage.  *please emphasize this as the Fish and Boat Commission is asking for it as well and we should back them up!

Alkaline Addition

Special protection watersheds include streams designated HQ.  Alkaline addition is not to be considered in special protection watersheds where a permit would not be issued on its own without alkaline addition. Alkaline addition cannot justify or support permit issuance in a special protection watershed.

Social and Economic Justification?

In Module 24, the permittee was required to submit a social and economic justification for mining in an area that includes high quality streams.  The social and economic justification provided by the permittee is incredibly inadequate given the sensitive nature of the area as well as the high quality streams that will be affected.