Comment submitted by Ben B. Faulkner, Bratton Farm

Dear EPA Director Jackson, Re: EPA-HQ-ORD-2009-0934-0654 Hollows in Appalachia are natural erosional features in sedimentary rock. The drainage naturally contains calcium, sulfate and other dissolved materials, even with no mining in the watershed. These dissolved solids include minerals that are essential nutrients for aquatic life and provide buffering for the stream. ANY land disturbance, whether mining, highway, or EPA office building construction, will increase the dissolved material in the stream, and this will also increase the ability of the water to conduct electricity. Most of the dissolved material is benign and temporary. Many watersheds in Appalachia are very lightly buffered and are naturally infertile. Some of these watersheds are also naturally mildly acidic. As a biologist and former WV Reclamation Inspector, I have studied mine drainage and watersheds in the Appalachian coal fields for the last 30 years. I take great exception to both the process and the science behind the recent actions taken by the US Environmental Protection Agency. The USEPA study has identified that certain species of intolerant mayfly are not present in streams with elevated dissolved solids, and concurrent elevated electrical conductance. Studies by myself and others over a period of many years document healthy ecosystems where all the functional members are present and stream uses are preserved when TDS is elevated above 300 µmho. When experts in water quality disagree on cause and effect, the issue is more complicated than it appears and requires careful, not hasty action to ensure that neither the environment OR the economy of an entire region is compromised. The Benchmark Study and the April 1, 2010 Detailed Guidance Document are being enforced as strenuously as LAW effective immediately. I refer to the June 8, 2010 letter from USEPA Region III offices to the USACOE regarding the Paradise Surface Mine PN LRH-2006-828-TUG. In this letter, USEPA is recommending denial of a surface mine permit based entirely on this DRAFT benchmark study which has not undergone peer review or been voted into law by any legislative body. I strenuously object to this action. It is based on poor scientific method and enforced through illegal regulatory actions.