On Friday, November 3, 2017, the Department of Environmental Protection (“DEP”) issued Permit Revision No. 209 to Coal Mining Activity Permit 30841316. Permit Revision No. 209 authorizes Consol to conduct longwall mining in the 6L – 8L panels of the Bailey Mine.
There has been some confusion about whether Permit Revision No. 209 authorizes longwall mining beneath Polen Run in the 4L and 5L panels of the Bailey Mine. It does not. Instead, it authorizes longwall mining in three panels (6L-8L) that are located in an area south-east of Ryerson Station State Park.
Consol is currently longwall mining in the 5L panel of the Bailey Mine. In January we successfully petitioned for a supersedeas that prohibited Consol from conducting longwall mining beneath Kent Run in the 3L panel, located within the park, while the appeal is pending. Then, in August, CCJ and Sierra Club received a favorable decision in their consolidated appeal of Permit Revision Nos. 180 and 189.
Due to this decision, Consol had to amend their pending permit for authorization to mine under Polen run, which is within the state park, for the 4L and 5L panels. This permit is still pending and we are prepared to take any action to protect the stream.