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    What’s New

    On March 25, 2022, DEP issued the Surface Mining Permit (SMP). See the Permitting/Approvals section for the final permit document.

    On February 9, 2022, Rosebud Mining Company amended its permit application to eliminate “Phase 3” and to add three additional properties to background monitoring. This followed comments and questions about this phase raised by the public at the virtual public information meeting held on January 18, 2022. See the Permitting/Approvals section for the revised map submission.

    Background

    Rosebud Mining Company (Rosebud) applied for a new surface coal and auger mining permit to be known as the Mine 78 No. 3 Mine. The proposed location is in Richland Township, Cambria County and Paint Township, Somerset County.

    The total project area for the proposed surface mine permit would be 279.7 acres. Within that project area, Rosebud proposed to disturb 90.2 acres of currently forested and previously (surface and deep) mined land. Coal removal would take place on 46.6 acres of the project area. The project area also includes an active Mine 78 deep mine and preparation plant. The proposed surface mine permit total project area is outlined in red on the map below.

    The proposed coal mining activity would include blasting operations and would discharge treated wastewater (to remove elevated contamination) into unnamed tributaries of Paint Creek as well as Paint Creek, which is a tributary to the Stonycreek River pursuant to a National Pollutant Discharge Elimination System (NPDES) permit. Both receiving waterways are designated cold water fisheries in 25 Pa. Code Chapter 93 and listed as impaired for metals (iron, manganese, and aluminum) from acid mine drainage (AMD).

    The operator estimates that this operation would last from 3 to 5 years and disturbed areas would be restored after completion. Rosebud would be required to secure bonding adequate to reclaim the site.

    Adjacent to and underlying the proposed site, Rosebud is currently operating the Mine 78 underground deep mine and prep plant (permit No. 56841328) and associated Mine 78 coal refuse disposal area (CRDA permit No. 56743705), which have been operational since approximately 2005. Residents are likely aware of and have seen active operations and truck traffic, but the proposed activity would result in different activity (including blasting) and an expanded footprint.

     
     

     

    On February 9, 2022, Rosebud Mining Company amended its permit application to eliminate “Phase 3” and to add three additional properties to background monitoring. This followed comments and questions about this phase raised by the public at the virtual public information meeting held on January 18, 2022. See the Permitting/Approvals section for the revised map submission.

     

    Frequently Asked Questions

    Trucking and Transport

     
     

     

    Blasting

     
     

     

    Water Quality and Flooding

     
     

     

    General Operations

     
     

     

    Comments and Complaints

     
     

     

    Permitting/Approvals

    Surface Mining Permit (SMP) Application

    On August 26, 2021, DEP received Rosebud’s Surface Coal Mining Permit (SMP) application (No. 56210102) for the proposed Mine 78 Surface No. 3 Mine. Applications must include all necessary application sections, or modules, based on the proposed activity. This application includes a National Pollutant Discharge Elimination System (NPDES) permit application (No. PA0279820) that can be found in Module 2. DEP accepted this application as administratively complete, which simply means that all the parts are in the application, without considering the application’s merits. On September 15, 2021, DEP’s technical staff began reviewing the application to determine if it complies with Pennsylvania’s laws and regulations for coal mining.

    What’s New

    On March 25, 2022, DEP issued the Surface Mining Permit (SMP).

    On February 9, 2022, Rosebud Mining Company amended its permit application to eliminate “Phase 3” and to add three additional properties to background monitoring. This followed comments and questions about this phase raised by the public at the virtual public information meeting held on January 18, 2022.

    More information on surface coal mining can be found on DEP’s website.

     
     

     

    A paper copy of the permit application and other associated documents can be found at the following locations. Please visit the webpages for each location for hours and additional information.

    DEP has information sheets and publications to help inform the public of their rights and DEP’s processes:

    Public Participation

    Public Notice and Comment Period:

    The public notice in the Somerset Daily American was published on November 9, 16, 23, and 30, 2021. The final publication date began a 30-day public comment period which ends on December 30, 2021. A separate public notice was published in the December 4, 2021 edition of the Pennsylvania Bulletin, which initiated a comment period that runs through January 3, 2022.

    DEP elected to extend the comment periods until January 31, 2022, which gave attendees of the public meeting an additional 10 days to submit comments afterward.

    DEP reviews all submitted comments and will respond accordingly. Comments should include the commenter’s name, address, phone number, and email address (if applicable).

    Comments may be submitted to:

    • Pennsylvania Department of Environmental Protection
      Cambria District Mining Operations
      286 Industrial Park Road
      Ebensburg, PA 15931
      814-472-1900
      (Contact: Melanie Ford-Wigfield at mfordwigfi@pa.gov)

    Rosebud Mining Company sent letters to Paint Township, Somerset County and Richland Township, Cambria County to inform both local governments that it submitted the application to DEP, provide basic details on the proposal, and that the townships may submit comments to become part of the land use review.

    More information on the public notification requirements for coal mining permit applications can be found on DEP’s website.

    Virtual Public Information Meeting:

    On Tuesday, January 18, 2022 DEP held a virtual public information meeting for interested individuals to learn more about the proposed activity and ask questions of DEP permitting staff and the applicant.

    Contact Information:

    If you have questions about this application or DEP’s application review process, please attend the public meeting detailed above or contact:

    • Michael Crowe
      Acting Environmental Group Manager
      DEP Cambria District Mining Office
      miccrowe@pa.gov
      814-472-1889

    Environmental Justice

    This proposed location of this mine is an environmental justice (EJ) area. When this type of permit is submitted for an EJ area, the department engages in enhanced public outreach as described in the current EJ Public Participation Policy. EJ Areas are mapped on DEP’s EJ Areas Viewer at dep.pa.gov/EJViewer. More information on environmental justice can be found on DEP’s webpage.

    The operator’s plan is to truck the coal on-site to the existing coal preparation plant where it will be processed along with coal from the deep mine and loaded out via rail.

    The operator does not plan to truck material from the surface mine over the road and they should be watering their dirt haul roads when it’s dry to keep dust down.

    Any citizen within a half mile of the permit boundary must be notified and asked if they want a pre-blast survey.

    The operator, Rosebud, would be responsible for any damage caused by blasting.

    The applicant’s plans related to blasting are described in Module 16. To date, DEP has not received a full Module 16 from Rosebud Mining Company. That is normal and routine. Often, applicants do not send Module 16 until after all of the pre-blast surveys are complete and the proof of publication is received. No blasting will take place until Module 16 is complete and a blasting permit is issued. NOTE: This information is accurate as of January 25, 2022.

    Before approving the blast plan, DEP’s blasting and explosives inspector will be on site to inspect the job.

    DEP would have Rosebud monitor every shot regardless of scale distance at the closest home or structure with a seismograph.

    Rosebud is responsible for any degradation in quality or quantity to water supplies. All stormwater on-site must be collected, settled, and treated, if necessary, prior to discharge. All water collected in the mining pit must be treated prior to discharge. Stormwater and treatment discharge water must meet state standards.

    All stormwater within the permit area will be collected and discharged, and no adverse effects to the existing drainage patterns are anticipated.

    No slurry ponds are proposed within the permit boundary. All on-site water will be collected in sedimentation or treatment ponds and tested for water quality prior to discharge. A sedimentation pond and a pair of treatment ponds are located near each of the proposed phases and are identified on the proposed permit map.

    The noise level isn’t expected to change from the current conditions. The equipment used to surface mine is the same or similar to the equipment already operating at the existing facility.

    DEP does not regulate the hours of operation. Sometimes there are local ordinances in place.

    No, DEP typically doesn’t permit exceptions or waivers; however, sometimes DEP will permit variances to mine within 100 feet of the road, such as in small shale banks, or to mine within 300 feet of a house, if the owner approves it. No such variances were requested in this permit application.

    The mining area is limited by a 100-foot barrier along Hoffman Farm Road. However, based on the operation map layout, the closest mining activity is approximately 200 feet from Hoffman Farm Road.

    Comments or objections may be submitted to: Pennsylvania DEP, Cambria District Mining Operations by email (Contact: Melanie Ford-Wigfield at mfordwigfi@pa.gov) or by mailing your comment(s) to 286 Industrial Park Road, Ebensburg, PA 15931. Comments will be accepted until Monday, January 31, 2022.

    While the public comment process is intended for proposed activities undergoing permit review, the complaint process can be used for concerns about existing mining activity. Complaints can be reported to the Cambria District Mining Office by calling 814-472-1900 or 1-800-541-2050 after hours. All complaints are confidential and will be investigated by the mine conservation inspector and/or blasting and explosives inspector. Based on the nature of the complaint, the inspector may request support from other DEP technical staff, such as hydrogeologists and/or engineers.