Citizens Undermined by Act 54 
About to Be Undermined For Real
by Kathleen Martincic

Ed. Note: Here at the Raymond Proffitt Foundation we strive to make sure that government obeys the law, and where the law is inadequate, advocate for a change.  Pennsylvania's Act 54, passed a few years ago, stripped surface owners of many of their historic rights under the law by making it easier for coal companies to use the destructive "longwall" mining method.  Until the law is changed, however, we want to make sure that people know their rights under the existing law.  The coal companies are certainly not going out of their way to inform surface owners of their rights, and DEP can't be relied upon either.  So we helped organize a meeting in Washington County last week to talk to homeowners.  Here's the report from one of the folks who attended.  

LONE PINE, PA.   Over 200 people packed into the Lone Pine Community Center on the night of Monday, July 30, 2001. A meeting of concerned citizens had been called to discuss what the proposed expansion of the Eighty Four Mining Company's longwall operation would mean for the 400+ homes in the permit area.

Although our State and County and Township elected officials were all invited to this meeting, only our local officials deemed it worth their while to take time from their busy schedules to attend. Our State and County officials were so busy that they could not even send a representative from their office to listen to what their constituents had to say. The office of one of our representatives called to say that Lone Pine was not in his district, so why should he attend? One county official said that this is a state matter and there is nothing that he can do. He will see what all he has to do once his office starts to field the complaints about lost water, damaged homes and impassible roads. Another county official said that the residents were welcome to call his office if they had a problem, that the coal company must follow the act. That's not much help because even if it is followed, Act 54 might as well be entitled the Act of Plunder and Pillage on Homeowners.

The series of speakers for the evening began with Harlan Snyder, director for the Raymond Proffitt Foundation, an environmental organization based in Langhorne, Pennsylvania, who spoke on the need for citizens to write, call, or visit their representatives on the local, county, and state level. "Tell your elected officials how you feel. If they don't help you, vote them out. Money is important to an elected official, but votes are more important. The 200 people here today are more than enough to sway an election."

Terry Taylor, filmmaker, showed two segments that she made last fall for On Q, a show aired on public television. The first showed the devastating effects longwall mining had on the Thrall house, a historic structure near Spraggs that was placed on, removed from, and then returned to the National Register of Historic Places. Is it ironic or ludicrous that the coal company is now suing the owners of the Thrall House, Roy and Diana Brendel? The company would be in violation of the law if they caused irreparable damaged to a house on the National Register. They pretty much did just that, but instead of admitting to it, they are suing to remove the Thrall house from the National Register. In the meantime, the Brendels are trapped, living in ruins.

The second film, illustrating the effects that longwall mining is having on our area streams, was not scheduled to be shown, but those gathered in the room insisted on seeing it. The story was clear, but if you have any questions as to how Little Daniel Run or Potato Run will fare after being undermined, I invite you to take a drive down along Rocky Run or Templeton Run in East and West Finley Townships or stroll along Enlow Fork in State Game Lands 302. It doesn't take a rocket scientist or a biologist or a hydrologist to tell that those pooled streams are not running right, or that the dried-up feeder streams are a bad sign.

The mines are not allowed to degrade the existing uses of perennial streams. They get around this in two ways. They can say, we'll just bulldoze a straight line through the high spots and it will flow just fine! Or they can say that the stream really isn't perennial. To prove their case, they take advantage of a 6-year drought that this area had been experiencing, wait until the end of summer, when things are as dry as they can be, and then go out to take pictures of the streams. By golly, the streams have dry spots! There was one stream, Brush Run, that was still flowing, and they couldn't figure out why. The drainage area was smaller than some of the streams that they found to be dry. They scratched their heads and studied their map. Ah hah, that is it. The domestic wells are all located along the streambed. People are pumping water from the underground aquifers and then letting the drainage flow back in the run. It is not a perennial stream; it is a sewer for the discharge of domestic waste!

Both films hinted that another Greene County home on the National Register was soon to be undermined.

The next speaker was Laurine Williams, whose historic Kent Farm outside of Waynesburg was undermined in March. She spoke of the need to keep excellent records of all interactions with coal company officials. "Be sure to co-operate with the mining officials. If they want to come in to inspect your house, you must let them do that. Otherwise, you will not be compensated for any of the damages." She strongly urged people to find a good lawyer - especially for senior citizens who are likely to suffer senior moments. She said that her house survived the ordeal fairly well, although doors will no longer close and the walls of every room have cracks in them where before they had none. Her entire valley lost its water; springs that once supplied water to her and her neighbors' houses are dry. Her and her neighbor's ponds will be lost as there are no longer springs to feed them. No one prepared her or could ever compensate for the emotional trauma that the mining caused for her and her husband.

While you are out driving, head south of Waynesburg towards the village of Spragg on Rt. 218. The road is a little rough so don't get carsick. For fun, count the water buffalos - they are the large round plastic structures wrapped in black plastic that are situated by each house along the road. That is what will be providing you with your water after the mine goes under. While you are at it, keep an eye out for those blue tarps stretched out across people's roofs. Is that the latest fashion statement, or could it be that so many homeowners suddenly found themselves with leaky roofs?

Mimi Fillipelli, of Tri-State Citizen's Mining Network, also spoke of the need to keep a paper trail of all conversations regarding longwall mining. She said the best thing is to get a bound notebook. Record everything, every phone call, every visitor to the house. If necessary, follow up phone calls with letters. Make sure the maps of the expansion region are accurate. In her case, they had identified her septic outflow as her well, meaning that she was sure to lose her water when the mine came through.

A panel of experts answered questions from the room. These included lawyer John Wilmer, affected homeowners Williams and Fillipelli, and aquatic biologist Lou Reynolds. Reynolds asked that residents let him examine their streams before the mine comes through. Knowledge is power. The critics say that no damage can be proven because no "before" data has been gathered. Lou is gathering that "before" data.

So what can you do about the longwall? Arm yourself with knowledge. About your rights, about the law. Keep detailed records. Take as many pictures as you can. Measure your flow rates and water quality now. And call and write your representatives in Harrisburg. Tell them that Act 54 is not working and must be replaced. Call and write your representatives in Washington DC. Send them pictures of subsidence damage. Tell them this is not acceptable. Tell them that before they call for subsidies on "clean coal" technology, they need to subsidize "clean mining" technology. That might just be a bigger challenge. 

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