Permit #200802130

Dear Mark Luhfer,

I am writing to object to the federal water permit (the Army Corps permit related to Section 404 of the Clean Water Act) Application # 200802130, state permit #848-0287. I also want to request a public hearing. The proposed A & G mine threatens the water sources and the quality of life for residents of Tri-Cities in Harlan County. 



Lynch and Benham have high quality public water. This operation will mine through and create a sediment pond at the headwaters of Long Rock Branch (Magazine Hollow). This is the major headwater stream for Looney Creek which feeds Lynch's drinking water reservoir. The cumulative hydrologic impact of the mine will likely damage four additional headwater streams, two of which will be directly mined through. The Kentucky Five-Mile Policy “prohibits discharges into a stream within five miles upstream from any public water supply intake. Benham's water source is also in Lynch. This mining operation puts many communities drinking water at risk. Lynch does not have a suitable public water alternative!

A recent study identified the Benham & Lynch public water as sources for a water-bottling plant. Looney Creek has potential for micro-hydro electric generation. This can happen if the water is protected.

This region of the state has many other assets that deserve protection. Lynch and Benham are historic coal camps (both on the Historic Register) that have many restored and transformed buildings for cultural tourism. Millions of taxpayer dollars have been invested in the Portal 31 Exhibition Coal Mine. Black Mountain is the highest peak in the state. After a Lands Unsuitable for Mining petition was submitted, the minerals and timber above 3,200 feet was purchased by the state of Kentucky. The current topography has been found to have good potential for wind power. This community's ability to create a more diverse economy is dependent on these valuable assets.

This coal company has been a bad actor in Virginia, and the owner was fined more than $1.5 million for mine safety and health violations.

I stand with concerned residents of these communities. Given the dangers to the water systems, streams, historic properties, cultural values, aesthetics, potential for flooding and alternative economic development it is clear that Application #200802130 should be denied, and the community should get a public hearing.

Both the Army Corps of Engineers and the EPA have a responsibility to protect the water and other assets in this community.

Cordially,

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