Without such a definition, the permit would be impossible to enforce. In performing its CHIA, DEP did not, as required by regulations, consider all anticipated mining in the area. Among other things, the CHIA does not consider damage to Island Creek by Mingo Logan's nearby Mountaineer Mine, a longwall operation that has mined under much of the area, or the potential damage from a mountaintop removal operation proposed by Road Fork Development. Also, DEP proposed to issue the Mingo Logan permit despite the fact that previous mining has already polluted Island Creek more than state water quality standards allow. Under federal law, DEP is supposed to write tougher discharge limits for such streams.
Pollution is supposed to be lessened, so that the streams can be cleaned up.
DEP has not come up with such a plan for Island Creek. Write a letter to the editor .