Tell DEQ not to renew Signal Peak's mining permit

Signal Peak Energy’s permit is up for renewal, and the Montana Department of Environmental Quality (DEQ) is seeking comments until Friday, January 27th. The DEQ needs to hear that Montanan’s across the state believe that Signal Peak has forfeited its right to a permit renewal.

Signal Peak Energy (Signal Peak) is the operator of the Bull Mountains Mine No. 1, one of the largest underground coal mines in the United States. Between the wild details of their criminal activity, failure to reclaim damaged land and water, and harassment of local residents, Signal Peak has been a bad actor for years. Now, Signal Peak’s permit is up for renewal, and the Montana Department of Environmental Quality (DEQ) is seeking comments until Friday, January 27th. DEQ needs to hear that Montanans across the state believe that Signal Peak has forfeited its right to a permit renewal.

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Coal Mining Section
Mining Bureau
Department of Environmental Quality
P.O. Box 200901
Helena, MT 59620-0901
Dear Montana DEQ Coal Mining Section Staff,
Thank you for the opportunity to comment on the application submitted by Signal Peak Energy, LLC (Signal Peak) for a renewal of its Coal Surface Mining Permit C1993017. 
Between their detailed criminal activity and routine failure to comply with state and federal reclamation law when it comes to both land and water, it is inconceivable that Signal Peak Energy is able to continue to operate in Montana. 
Of particular concern to me are the impacts of mining on water resources in the Bull Mountains. Water is a precious resource in the Bull Mountains, and the people, livestock, and wildlife there depend on it. Virtually all of the important water resources used by cattle and wildlife that have been undermined by Signal Peak have been damaged. These damaged water sources have either not yet been properly reclaimed, (and not cleaned up at all in many cases). Without substantial changes in Signal Peak's behavior, by the time the mine completes their mining activity, the Bull Mountains will no longer be a place where family agriculture and the community that lives there can survive. 
 
Mining business are responsible for the costs required to ensure that subsidence does not result in surface cracks and fractures that destroy the land and harm wildlife and domestic animals. Mining corporations are also responsible for the costs to protect – or restore – the hydrologic balance. If it costs more to “do it right,” then that is simply the cost of mining, period. If a competent analysis shows that full reclamation of the land and water cannot be achieved, then the mine permit should not be renewed as specified in both federal and state law. 
While it is inconceivable that DEQ could grant this permit renewal, particularly without conducting a thorough environmental analysis of the Bull Mountains Mine, there are stipulations that must be included in the permit renewal if granted. Specifically, any renewed permit should clearly state:
- Signal Peak Energy must be required to implement permanent mitigation measures for any water resource that has not fully recovered within three years of being affected by mining.
- Any renewed permit must also include language about damaged water resources that requires Signal Peak Energy and the DEQ to consult with the impacted landowner before making any decision about water replacement or infrastructure repair. All plans for water replacement, whether short-term or long-term, should be developed in  formal consultation with the landowner, and the landowner should have a formal opportunity to review and provide comments on a written water replacement plan before it is finalized.
- Signal Peak Energy must be required to replace any damaged water with water from a source that is outside of the area in order to protect the hydrologic balance of the area as well as existing uses. 
- Signal Peak Energy must be required to abide by the mandate that if the damaged water source is one that is used by livestock and it cannot be replaced permanently within 90 days, or if the damaged water source is one that is used domestically and it cannot be replaced within 30 days, Signal Peak will provide an interim source of replacement  water that matches the damaged source with respect to water quality and  water quantity.
- Signal Peak Energy must be required to prepare a written permanent mitigation plan and timeline for water replacement within 90 days of a water source being damaged.
- Signal Peak Energy must expand the monitoring well network in the Deep Underburden Aquifer in order to more clearly understand the effects of climate and recharge on the aquifer over time. 
- Signal Peak Energy must conserve, protect, and properly store and use all topsoil in the areas affected by subsidence cracking, which Signal Peak is not doing despite requirements, although in its current permit.
- Signal Peak Energy must expand and update the analysis of the natural springs that have been undermined to include additional springs and more recent flow data so that the current extent and magnitude of mining  impacts on area springs can be more thoroughly understood.
I again reiterate that Signal Peak Energy’s application for renewal of its Coal Surface Mining Permit C1993017 should not be granted. However, should DEQ renew the permit, there must be significant and stringent requirements added to the renewed permit, including those described above.
Thank you for this opportunity to participate in this permit renewal process. My hope is that DEQ rises to the occasion and finally ensures that the Bull Mountains, local hydrology, the area's long-time residents and ranchers, and all Montanans' interests are given the full consideration they deserve, and the full consideration that state and federal laws demand. The jobs and tax revenue generated by this chronic bad actor do not outweigh the repeated and ongoing violations this company imposes on the irreplaceable lands and waters of the State of Montana and Musselshell County.
Sincerely,

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Tell DEQ not to renew Signal Peak’s mining permit

Tell DEQ not to renew Signal Peak’s mining permit

Signal Peak Energy’s permit is up for renewal, and the Montana Department of Environmental Quality (DEQ) is seeking comments until Friday, January 27th. The DEQ needs to hear that Montanan’s across the state believe that Signal Peak has forfeited its right to a permit renewal.

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