FALLOWFIELD TOWNSHIP - For the second time in eight months, Maple Creek Mining has announced it is closing its Fallowfield Township mining operations because of a dispute over state regulations.
The shutdown will affect 470 miners.
"The closure was necessitated by recently encountered regulatory actions of the Pennsylvania Department of Environmental Protection, part of the administration of Governor Edward G. Rendell, as well as adverse unforeseen mining conditions in the eastern portion of the mine," the company announced in a Monday statement.
The statement claimed that because of the DEP's "illegal actions prohibiting mining under streams in these panels, virtually no coal is left to mine."
In November, the DEP ordered cessation of longwall mining in an area beneath a tributary of Maple Creek, saying it would result in a loss of water flow to the stream in Panel 6.
Maple Creek sought an injunction in an effort to allow it to continue mining.
Environmental Hearing Board Administrative Law Judge Bernard A. Labuskes Jr. heard three days of testimony from the mining company and experts representing Citizens for Pennsylvania's Future before rendering his decision -...in which he upheld the DEP decision.
The company laid off about 500 workers after the DEP order was handed down. But, shortly after Labuskes denied the injunction, Maple Creek started to recall workers to begin preparations for longwall mining at Panel 9 East.
Most of the workers had returned to the job, Mike Gardner, associate chief counsel for Maple Creek Mining, told The Valley Independent last month. At the time, Gardner said the company likely would begin longwall mining Panel 9 East in one to two months.
The Monday statement claims the state Subsidence Act permits the type of subsidence that has and would occur in Panel 6 - provided the company takes action such as pre-grouting the stream, continual monitoring of the stream, stream mitigation and augmenting the flow of the stream
DEP spokesman Tom Rathbun could not be reached for comment.
Announcing the shut-down- or possible shut-down- of the mine is nothing new for Maple Creek.
In July, Maple Creek announced it would shut down the Fallowfield operations after the DEP denied a permit request to allow mining in Panel 5-East.
Subsequently, state and mine officials met in Harrisburg. As a result, the Maple Creek was permitted to mine, provided it met certain DEP stipulations, such as grouting the stream and augmenting the flow.
PennFuture appealed Aug. 12 after the DEP reversed a prior decision and allowed Maple Creek to longwall mine under the stream in Panel 5-East. That appeal claimed the public was not allowed to review the new information or participate in the DEP decision.
The Environmental Hearing Board ratified PennFuture's challenge and ordered the DEP to pay the group $47,000.
Maple Creek announced in April 2002 that it was "contemplating" a shut-down of mining operations by the end of that year.
At the time, the company said remaining coal reserves that could be accessed by longwall mining would be depleted no later than October, and remaining reserves that can be mined by continuous mining techniques will be depleted by the end of this year.
At the time, United Mine Workers Secretary-Treasurer Carlo Tarley said the announcement was designed to pressure the union into agreeing to a concessionary contract.
Less than two weeks later, the Maple Creek and the UMW agreed to a four-year contract.
