By Lindy J. Gwinn, Mountain Valley News staff
For five years, many Delta County citizens have had concerns about how the Roadless Rule, or lack thereof, impacts the people, business and economy. Senator Penry says he knows that the “in limbo legislation” is threatening the way of life for the people that live and work in Delta County.
To that end, Penry has asked Governor Ritter to press the Obama Administration for immediate action concerning Colorado's roadless rule policy.
That policy, signed by Governor Owens, and initially endorsed by Governor Ritter, is sitting on a desk in Washington, five years after the Bush Administration granted the individual states the authority to seek roadless policies that fit each state.
Now, according to those involved, one of the most pressing concerns about the policy being in limbo, is that the production, advancement, and permitting processes for the coal mines are being profoundly and negatively impacted by the gridlocked policy, which continues to lie on that desk in Washington.
Without some kind of ruling, methane vent holes necessary to mine safety cannot be drilled and mine executives are concerned about the future of their operations, and the employees that work there.
Jim Cooper, Executive Vice President of Oxbow Mining said, “For absolute certain it will have a negative impact (if there is no forward movement on this ruling). Worst-case scenario, we stop mining. The likely result is that we cut production and then you have to think about cost effectiveness.”
According to Theo Stein at the Colorado Department of Natural Resources, there are two separate pieces of the policy on the table that need to be resolved.
The first is the actual rule making policy. The second he called a “secretarial directive” that would allow venting of the boreholes needed to drain the methane from the mines so that applications for mine expansions and the permits required could be approved.
“We are working on this secretarial directive right now, and we certainly hope that this part of the ruling process is not as long a process. We are trying to button the secretarial directive up. The rule-making decision itself, is a ways down the road, I think,” said Stein.
“The Governor has supported the North Fork mining operations and is determined that the USDA understands how important that is to the area,” said Stein.
The history on this rule-making process is complicated and has been ongoing since 2005 when Governor Owens appointed a task force to make recommendations concerning the Colorado Roadless Rule. He also endorsed the changes that the task force believed needed to be made to the 2001 Clinton Roadless Rule that was applied with a broad brush nationwide.
Senator Penry says he worked diligently on that task force then, and is frustrated that there is still no resolve 5 years later.
In his letter to Governor Ritter, Penry said, “Coal mines rely on “bore holes” drilled from the surface above to vent methane gas that would otherwise build up in these mines. One side effect of the delays in the implementation of the Colorado Roadless Rule, has been the prohibition of new vent boreholes (because boring new vents requires construction of temporary forest roads- which are barred until a conclusion is reached on the roadless policy.”
“In essence, this de facto ban on new vent boreholes acts as a de facto ban on coal mining,” stated Penry.
Penry reminded Ritter that there are over 1000 direct jobs that are being threatened because of the stalemate and the delays of the roadless policy. He continued by pointing out that the coalmines generate “tens of millions” of dollars in royalty fees and severance taxes. State, federal and local governments rely on those funds to provide critical services.
“While we remain optimistic about the economic contribution of so called “green jobs” in the future, they will not supplant the jobs and revenue stream provided by the traditional energy sector anytime soon,” said Penry in the letter.
According to the letter, Penry said that Jim Martin, who was Ritter’s nominee to replace Harris Sherman as the head of the Colorado DNR, told the State Senate Agriculture and Natural Resource Committee last week the administration supports approving the new boreholes as soon as possible. “We hope that you will encourage the Obama Administration along those lines,” wrote Penry.
“We ask that you contact Secretary (of Agriculture) Vilsack to immediately approve the application for vent holes currently awaiting his review. In addition, we hope that you will convey our desire that the Obama Administration settle on a roadless policy as quickly so that we can restore regulatory certainty to the families, businesses and rural communities that rely on these lands for their livelihood,” said Penry.
