Corps reissues permits to two Massey mines

Corps reissues permits to two Massey mines

Washington (Platts)--10Jul2006

The permits for two Massey Energy subsidiaries' mines have been reinstated by
the Army Corps of Engineers, Huntington District, following a second review of
the suspended permits.

The two mines will not be able to go back to work immediately, however, said
Ginger Mullins, chief of the district's regulatory branch. The federal judge
in a civil suit filed to stop the mines ordered a 30-day delay to allow the
plaintiff, Ohio Valley Environmental Council, to review the Corps' documents.
The case is pending while that review takes place.

The district reissued the two Clean Water Act permits Thursday. They were
among four in abeyance while the Corps reviewed new information presented in
the litigation. OVEC and other environmental groups had filed the suit,
charging the permits were issued improperly because the Corps had failed to
follow the requirements of the National Environmental Policy Act. The Corps
sought to have the four permits voluntarily remanded so it could include the
new information in its review, a request the judge granted (CO 6/19).

OVEC presented scholarly information concerning mitigation, stream conditions,
scope of analysis, sedimentation and the environmental aftermath of mining
after the comment period for the permits had closed. Including the new
information for all four mines makes sure that the second review was based on
a full evaluation, said Mullins Friday.

Additionally, Massey met with Colonel William Bulen, district engineer, during
the review, Mullins told Platts.

The CWA permits for Aracoma Coal's Camp Branch mine and Alex Energy's Republic
No. 2 mine are basically unchanged from those originally issued, she said.
Decisions on the permits for the other two mines, Elk Run's Black Castle mine
and Independence Coal's Lexare East mine, are expected this week.

Neither Massey nor OVEC returned phone calls for comment.

The case is Ohio Valley Environmental Coalition vs. US Army Corps of
Engineers, Civil Action 3:05-0784 in the US District Court for the Southern
District of West Virginia, Huntington District.

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