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Dispatches from the Front

Commission rules against ancient Ohio forest: Coal mining allowed under and adjacent to Dysart Woods
by Richard Sahli
July 20, 2005

On May 26th, the Ohio Reclamation Commission upheld the granting of a permit allowing coal mining under and adjacent to Dysart Woods, one of Ohio?s last ancient forests. The area has been designated as a National Natural Landmark by the federal government, and as an ?Area Unsuitable for Mining? by the State of Ohio.

The Buckeye Forest Council denounced the commission?s decision saying they ignored evidence proving that the permit is illegal and will harm Dysart Woods.

?The Commission?s ruling to allow the mining beneath the old-growth forest at Dysart to go forward demonstrates beyond a shadow of a doubt that the system set up to safeguard Ohio?s environment and public lands for the citizens of Ohio is broken,? said Susan Heitker, executive coordinator of the Buckeye Forest Council. ?The Buckeye Forest Council could not have shown more clearly that the permit issued to Ohio Valley Coal Company is illegal and will harm Dysart Woods.?

In August of 2003, Mike Sponsler, chief of the Division, issued the permit to Ohio Valley Coal Company, allowing the company to longwall mine within 300 feet of the woods as well as to room and pillar mine under the woods.

The Buckeye Forest Council and Dysart Defenders appealed the permit because of concerns that the mining will disrupt the water flow through and under Dysart Woods harming the ancient forest. In addition, the environmental groups raised concerns that the Division did not thoroughly analyze the permit thereby violating state laws.

The hearing of the appeals before the Ohio Reclamation Commission started May of 2004 and lasted for 33 days spread out over a six-month period.

Dysart Woods is located in Belmont County and is owned by Ohio University, which uses the forest as a land lab to study old-growth forest ecosystems. In 1998 the Division ruled that Dysart Woods is unsuitable for mining and gave it the legal designation of ?fragile lands? because of its uniqueness as one of Ohio?s few remaining original forests. At that time, the Division designated a 1500-foot buffer around the woods in order to protect old-growth forest.

The Buckeye Forest Council is reviewing the decision and considering appealing the Reclamation Commission?s decision.

For more information please contact Susan Heitker, executive coordinator 740-707-3880, Richard Sahli, attorney 614-428-6068.

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