(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . Complaint asks the federal government to step in to oversee violations at Signal Peak mine – Daily Montanan [1] ['Darrell Ehrlick', 'More From Author', '- December'] Date: 2022-12-14 Four environmental groups have begun a process to challenge the Montana Department of Environmental Quality’s oversight of Signal Peak coal mining’s operations in the Bull Mountains, saying the state department has intentionally failed to protect water there, harming ranchers and the environment. Signal Peak has been the subject of many news stories, including top company leaders being charged with felonies. But the latest complaint alleges that Signal Peak Energy continues to damage groundwater and springs, fails to fix the problem, and that the state’s top watchdog, the Department of Environmental Quality, has turned a blind eye to the problem for years. Now, the environmental groups are asking federal officials, including the Office of Surface Mining Reclamation and Enforcement as well as the Department of the Interior, to force the Montana DEQ to take action against Signal Peak, which has been cited more than 100 times for issues with its mine in the past decade. Calls to Signal Peak by the Daily Montanan went to voicemail and were not returned on Wednesday. The four groups – Earthjustice, the Montana Environmental Information Center, Northern Plains Resource Council and the Sierra Club – claim that Signal Peak has literally undermined water for ranchers and wildlife in the Bull Mountains as it has mined for coal. That mining activity, they claim, has damaged springs that were previously productive. For example, Litsky Spring had a proven water flow of 30 gallons per minute. But after undermining in the area, or underground mining, the groups say Signal Peak and the state have abandoned monitoring the well. And when they have intermittently tested it, flows have decreased to 0.5 gallons per minute. The highest measured flow was 4 gpm. “If immediate action is not taken, Signal Peak will continue to dramatically dewater the Bull Mountains which will in turn force ranchers and wildlife to desert the area,” said the 20-page complaint, filed by rancher Steve Charter. The complaint also said Signal Peak is forcing ranchers off the land by cancelling leases, and interrupting the water flow to as many as eight springs that provide water for cattle and wildlife. “Signal Peak is attempting to force other area ranchers off those ranchers’ own land on the basis that the costs to Signal Peak of mitigating water and subsidence impacts are too expensive for the company,” the complaint said. It also alleges that Signal Peak is “running ranchers out of the Bull Mountains” so it does not have to provide water, and there will be no one to chronicle the loss of water. “The fact that virtually all springs that have been undermined and assessed have shown serious and lasting impacts (which) demonstrates how much work will be required for Signal Peak to reclaim these waters,” the complaint said. “It is clear from its letter to landowners complaining about the cost of mitigating damaged water that Signal Peak does not intend to reclaim any water resources unless and until it is forced to do so. Signal Peak’s actions continue to be those of a bad actor and bad neighbor.” But the groups’ complaint also said that federal intervention is needed because the DEQ has been derelict in not enforcing state laws or penalties. “Signal Peak is not even following the paltry analysis requirements of its permit,” the complaint alleges. Montana DEQ told the Daily Montanan that it believes it’s in compliance with oversight and regulation of Signal Peak. “At this time, DEQ does not believe Signal Peak is in violation of their permit. We will further review the complaint and work with the Office of Surface Mining Reclamation and Enforcement as appropriate and as our investigation warrants,” a spokesperson for the DEQ said. Charter’s complaint claims that the DEQ unlawfully and without public notice modified Signal Peak’s permit, giving the mining company essentially veto power over any adverse water finding. Signal Peak has to “concur regarding the cause and permanence of the impact,” of any mining violation, which opposition groups and ranchers say violates federal law. The groups list six different ways in which they believe the DEQ has failed to monitor Signal Peak, including failing to monitor and assess the impacts to the springs, allowing the mining company to modify its permit to make it less stringent, and failing to force the company to reclaim the water. “Time and again, this company has proven it is unwilling to follow the law or show any respect or decency to this community,” said Charter, a member of Northern Plains Resource Council who ranches above the mine. “Signal Peak has destroyed my wells, damaged and destroyed vital springs, and used underhanded tactics to disrupt my ranch and try to force me off of my land. Laws must be enforced, and this criminal activity must be stopped.” [END] --- [1] Url: https://dailymontanan.com/2022/12/14/complaint-asks-the-federal-government-to-step-in-to-oversee-violations-at-signal-peak-mine/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/