by Cathy St. Clair
News Editor 
  A permit from the Virginia Marine Resources Commission sought by Consolidation Coal Company to construct a diffuser in the Levisa River to allow for a planned mine water discharge was approved Tuesday during a meeting of the VMRC in Newport News.
  County Attorney Mickey McGlothlin said the ruling was what he had expected and was based on a VMRC staff recommendation.
  Basically, he said the staff recommendation noted that while it was sympathetic to Buchanan resident concerns relating to the proposed discharge of mine water from CONSOL's Buchanan No. 1 mine which would contain chlorides and what it referred to as "other potential contaminants," the VMRC was limited in its decision making to the impact the physical outfall structure would have on the river.
  The VMRC, it indicated, is not empowered to regulate the effluent discharge from the outfall. That duty, the recommendation noted, falls to the Virginia Department of Mined Land Reclamation and the Virginia Department of Environmental Quality. Both of those agencies have previously indicated the water discharge will meet state water quality standards through the use of a mixing zone.
  In the case at hand, the staff recommendation noted the DEQ had indicated that controls are in place in the permits to insure that state water quality standards are met  and which require the testing of the water.
  McGlothlin said VMRC did not feel the structure itself would have any adverse effect on the river and further tied its recommendation to the recommendation that no construction of the diffuser outfall occur in the river during a set timeframe to protect the endangered variegate snail darter which inhabits the river.
  Additionally, the staff recommended the company pay a $500 royalty to the state for the use of the river space.
  CONSOL officials have previously argued that the mine water flowing into Buchanan No. 1 must be removed in order for mining to continue. As a result, the company has sought approval for the discharge and approval for the necessary permits required to allow that discharge in the Levisa River.
  McGlothlin noted at Tuesday's proceedings he had argued that the company had still not ever revealed what its profits would be in relation to the cost for building a reverse osmosis treatment plant.
  Documents claimed there would be some $7 billion in revenues over the 17 year life of the project. The cost of the treatment plant would be $105 million, which McGlothlin argued amounted to 1.5 percent of the company's revenues.
  Additionally, he said that $20 million of those costs were related to the pipeline construction and would have to occur even without treatment and therefore should not be considered in the cost.
  He added he had also suggested another treatment for the water could be distillation using heat from the Jewell Smokeless coke ovens at Vansant. He said there were no costs available for a distillation process, however he said the pipeline carrying the mine water goes right past the area.
  Brian Buniva and Jim Roberts spoke at Tuesday's proceedings on behalf of CONSOL and noted that in following established water quality standard requirements, the company would be treating the water to remove iron.
  CONSOL Public Relations  Spokesman Joe Cerenzia said Tuesday the company is pleased with the VMRC decision.
  "We think it will have a very positive effect on the Buchanan mine operation and we look forward to proceeding with the project under the directives and outline we have under the permits we hold from the regulatory agencies," Cerenzia said.
  McGlothlin said with the approval of the VMRC permit Tuesday, the only thing that remains in the dispute is the formal hearings appeal process now pending on the DMME permit for which the company has received approval.
  "We go now to the next step which is the DMME hearing," McGlothlin said.

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