But the Highland Township supervisors objected and asked for a hearing, alleging that water from the site showed typical mine pollution.

And the latest decision by DEP has Highland Township supervisor Gene Lerch “disappointed, but not surprised.”

Lerch said the decision is typical of the responses he has received from the agency since he brought up problems at the mine several years ago.

Recent water tests by DEP determined water flowing from the site contains iron, manganese and sulfates, typical of acid mine drainage, but at levels that comply with maximum limits for mine discharge, according to a letter to Highland Township from DEP compliance manager Joe Ferrara.

And pH levels – an measure of the ionization potential (related to acidity) – are ranging a little above 7, considered the neutral point between acid and alkaline; a pH lower than 7 is considered acidic; above 7 is alkaline.

April hearing

The hearing was held April 1 at the DEP’s mining office in Knox, and Lerch gave most of the testimony, telling DEP officials that a test of water from the site showed high levels of iron and sulfates typical of mine acid discharge, and that this discharge was not likely to be coming only from old abandoned mine workings as claimed by DEP officials.

Kurt Wiest of the environmental group PennFuture wasn’t at the hearing, but sent in testimony reminding DEP that if the mine was discharging polluted water, it would have no choice but to reject TDK’s request for return of the bond money.

And a neighbor of the mine site sent in testimony stating there was no mine drainage before the mine went in, but the operation disturbed geologic structures to the northwest and caused acidic mine water to flow to the south along the highway, and he feels iron contamination is increasing in his water well.

DEP officials familiar with the mine site attended the hearing, but offered no testimony and said nothing. No TDK representatives attended.

Dueling water tests

After announcing the ruling May 16, however, DEP officials told the Clarion News they found the water from Weaver II met standards, and the agency had no choice but to release the bond to TDK. Not doing so could have resulted in TDK filing a lawsuit against DEP, Ferrara said.

The township had water flowing from the site tested in January, 2007 and found it polluted, with high levels of iron, manganese and sulfates.

But the DEP’s samples, taken March 19 and 26 of this year, showed the pollutants to be well within limits, as did a test taken April 15, after the hearing.

DEP geologist Joe Tarantino said tests of the neighbor’s water well showed no significant changes from those taken before mining occurred.

The DEP tests of a sample taken from a ditch along Miola Road showed iron levels in the water below three milligrams per liter (mg/l, sometimes expressed as parts per million), under the DEP’s mine discharge limits of 7 mg/l.

Three samples taken this spring showed iron at 1.2, 1.3 and 2.6 mg/l and levels of manganese at 1.3, 2.5 and 6.6 mg/l.

The final manganese reading of 6.6 mg/l, taken April 15, was above the 4 mg/l maximum for mine discharge, as were some readings taken in 2005 and 2006.

The township’s tests, taken in January 2006, showed iron at 62.6 mg/l and manganese at 6.8 mg/l; the townships tests also showed sulfates at 790 mg/l and total suspended solids at 126 mg/l.

Some of these readings are not much different than the DEP’s most recent tests showing manganese at 6.6 mg/l and sulfates at 867 mg/l.

Tarantino said there is no limit on sulfates in mine discharges.

Muddied results

The township’s high suspended solids reading, according to Tarantino, might mean the sample was “dirty,” meaning it included sediments stirred up from the bottom of the channel when the sample was taken. The DEP’s most recent suspended solids reading was 12 mg/l.

Stirred-up sediments would result in high readings of iron and manganese, since these metals will settle to the bottom as the water becomes less acidic.

The settled-out iron is what causes mine-polluted streams to take on their familiar orange-red color. Iron dissolved in water is colorless.

But Lerch said the township’s sample was taken by a professional, DEP-certified testing lab, and he doubts the lab would have made such an error.

Meetings & reviews

Lerch said he planned to review the DEP’s decision, speak with the township’s environmental attorneys and prepare a report for the June 2 township supervisors’ meeting.

DEP officials had said they would set up a meeting with supervisors to explain their decision; Tarantino said May 21 no meeting with the township has been arranged but time is not a factor and the DEP is still open to meeting with supervisors.

The letter informing the township of the DEP decision did not mention such a meeting and Lerch said that as of May 21 he had not heard form DEP regarding a meeting.

Ferrara said the township has 30 days from the date of the decision to appeal to the state Environmental Hearing Board, an administrative law court that reviews DEP decisions.

Meanwhile, DEP has released $36,275, but is still holding $18,225 of TDK’s bond money, which may be released when the coal company has completed the third phase of reclamation efforts.

Ferrara said DEP will continue monitoring the site and its water flows.