Cumberland Times-News

Local News

June 28, 2010

Edwards frustrated by state’s slow movement on proposed coal mine

DNR late with comments on surface discharge permit

Cumberland — CUMBERLAND — Sen. George Edwards is quick to talk about his frustrations with various state agencies and the time it takes for businesses to obtain the necessary permits to begin work.

It might be the only thing that happens with any speed in state government.

Edwards told the Times-News on Monday that four separate permits were applied for by Maryland Energy Resources LLC to begin deep-mining operations at Casselman Mine. The entrance to the proposed coal mine is located near the North Branch of Casselman River about three miles south of Grantsville.

The Maryland Department of the Environment received the water discharge application Feb. 18, 2009. MDE spokesman Jay Apperson said the “published turnaround time for this type of permit is 12 months” but there is no legally mandated timeframe.

Edwards said the length of time is unacceptable and suggested that the separate public hearings for each of the four permits could have been held at the same time.

“Maybe it means you meet two (or) three more hours, but so what,” Edwards said. “You had the same people show up” from state agencies. “If they’d had everybody there, they could have answered the questions right there. That would have saved oodles of time, and time to businesses and individuals is money. That’s what these bureaucrats don’t understand.”

Some permits, however, take longer “due to unusual circumstances,” Apperson said.

In this case, Apperson said the state Department of Natural Resources has expressed particular concern for two state endangered species, the hellbender salamander and stonecat fish.

“We cannot say when a decision will be made,” Apperson said.

DNR has played a role in the delay of the surface discharge permit, though to what length is difficult to determine. A public hearing was conducted at Grantsville Elementary School on May 19. The public comment period for the permit application ended May 26. On that day, DNR notified MDE that its comments “would be arriving the following week,” said MDE’s Apperson.

“Comments were received on June 8,” Apperson said, 13 days after public comment cutoff.

Despite the delay, those comments will be considered by MDE.

“We will consider all of the relevant information that we have,” Apperson said.

Edwards is incensed.

“The department that has to comment shouldn’t be treated any different (or) given more standing than anybody else,” Edwards said.

Though a part of the official case record, the substance of DNR’s comments is not yet known. DNR spokesman Josh Davidsburg said the agency was not yet ready to submit the document to the public because it was “predecisional.”

Davidsburg suggested re-questing the document from MDE. The Times-News did so. Apperson said a Public Information Act request would be required. The newspaper submitted that request Sunday.

Edwards, who also has asked for and not received a copy of DNR’s comments, said if a business submitted information late to a state agency, “they’d be fined.”

“They take their good old time,” Edwards said, “but if you don’t respond, they can fine you.”

State agencies “need to be fair to the people of this state,” Edwards said. “We need a responsive, orderly timeframe without stretching this stuff out.”

Edwards refutes any argument he’s received from state agencies about a lack of manpower.

His message to state government: “You people have to be more efficient.”

• Completed mining permit application received by MDE Sept. 2, 2008. Permit issued Sept. 15, 2009. Standard turnaround time is 12 months.

• Water appropriation permit application received December 2008. Permit issued nearly 16 months later on June 17. Published standard turnaround time is 24 months.

• Water discharge permit application received Feb. 18, 2009. Published standard turnaround time is 12 months.

Kevin Spradlin can be reached at kspradlin@times-news.com.

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