Mountain Watershed Association Home of the Youghiogheny Riverkeeper www.mtwatershed.com

1. Protecting Water Quality Mountain Watershed AssociationHome of the Youghiogheny Riverkeeperwww.mtwatershed.com

2. About MWA • Founded in 1994 • Mission is protection, conservation and restoration of the Indian Creek Watershed and surrounding areas • Became home of the Youghiogheny Riverkeeper in 2003 • 6 full time staff + 1 AmeriCorps intern • Located in Melcroft, PA

3. Tools for Watershed Protection • 303(d) List • TMDL Development • Wild & Scenic Rivers Designation • Conservation Easements • Stream Redesignation Petition • Unsuitable for Mining Petition

4. Unsuitable for Mining (UFM)Petitions

5. WHAT CAN BE DESIGNATED • Surface mining activities • Coal only • All coal seams or • Any specific coal seam(s) in the area • Must be unmined coal reserves present in the petition area • Not for underground mines • Not for noncoalmines

6. DEFINING THE PETITION AREA • It is very important to clearly define the petition area on a U.S.G.S map or similar reference map. • If petition area is for an entire watershed, it is important to include all of the headwaters if there is coal present in the headwater area.

7. SENDING IN ADDITIONAL INFORMATION • Once a petition is submitted, additional information can be submitted to DEP as long as: • The petition application is active or on hold, • The technical study is active, and • UFM EQB regulatory designation process is active.

8. TIMING IS EVERYTHING • Pending surface coal permit applications will be blocked, pending outcome of petition IF: • Petition is received by DEP before public announcement by DEP that permit will be issued, the mine cannot be permitted until a final decision is made on the petition. • Area petitioned cannot be the same area as that of a pending coal permit application.

9. CRITERIA: MANDATORY AND DISCRETIONARY • MANDATORY: • Reclamation is not technologically or economically feasible. • Where operations would in all probability result in production of mine drainage. • This will have to overcome use of alkaline addition and special handling during mining operation and reclamation.

10. DISCRETIONARY: where strip mining would cause significant damage or long term loss of important environmental features. • Be incompatible with land use plans • Affect fragile or historic lands • Affect renewable resource lands with loss or reduction of water supply or food or fiber products • Affect natural hazard lands where strip mining operations could endanger life or property.

11. Supportive pollutional mining history and water chemistry data for previous or current discharges, and impacted streams, wells and springs, must only be for permits issued after January 13, 1979, the beginning of PA’s primacy permitting program Records from AML problems and bad pre-primacy bonded permits can be used to help demonstrate that overburden on the same coal seams has always been bad. If DEP has unavailable resources to conduct a technical study, the regulation states that the Department can make a decision for its recommendation to the EQB based on available information.  This most likely would be what was submitted by the petitioner and what is contained in DEP permit files and databases.

12. IMPORTANT!! Provide as much supportive data and records with the petition application to help substantiate allegations related to mandatory and discretionary criteria.

13. STEPS IN THE PROCESS: • Submit the petition. • Within 30 days of receipt, DEP must determine whether or not the petition is complete. • If not complete, it is returned as incomplete with an explanation of what is needed to make it complete. • Petitioner has 30 days to complete it and resubmit.

14. Complete petitions are accepted for TECHNICAL STUDY. • DEP notifies known surface and mineral owners within the petition area in writing that the area is being considered for UFM designation . Public notice is given in local newspapers and the PA Bulletin. • Intervenor status both pro and con is obtained by filing comments along with name, address, and phone number up to three days before the public hearing on the petition.

15. Within ten months from receipt of a complete petition, DEP will schedule a public hearing. • Held jointly by DEP and the Environmental Quality Board. • Public comments can be made and will be addressed in a Comment and Response Document prepared by DEP. • After completion of the Technical Study and Evaluation of public comments, DEP makes a recommendation to the EQB.

16. WHAT IS APPEALABLE? • If a petition application is deemed frivolous, this ruling by DEP can be appealed to EQB. • If a petition is accepted for study by DEP the final outcome, either designated or nondesignated, is not appealable.

17. A NEW PETITION WITH SUBSTANTIALLY NEW INFORMATION CAN BE SUBMITTED TO ASK FOR A NEW DESIGNATION, A NEW AND DIFFERENT DESIGNATION, OR NONDESIGNATION.

18. Contact the Bureau of Mining and Reclamation's Environmental Studies Section by mail at: Environmental Studies Section Bureau of Mining and ReclamationDepartment of Environmental ProtectionRachel Carson State Office BuildingP.O. Box 8461Harrisburg, PA 17105-8461 or telephone 717-787-4761 for more information.

19. Mountain Watershed Association PO Box 408 1414-B Indian Creek Valley Rd. Melcroft PA 15462 (724) 455-4200 www.mtwatershed.com