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Advocacy group files complaint over Contura's mining permit plans, reports

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Advocacy group files complaint over Contura's mining permit plans, reports

Land and conservation advocacy group Powder River Basin Resource Council filed a citizen complaint with a federal and a state agency this week, alleging that Contura Energy Inc. violated its mining permits on two operations in the basin by not updating related annual reports or mine and reclamation plans since production ceased in July.

Blackjewel LLC owns the Belle Ayr and Eagle Butte mines, though Contura still owns the operations' mining permits. Shortly after filing for Chapter 11 bankruptcy protection on July 1, Blackjewel sent its employees home from the mines and closed its gates, leaving the mines in "temporary cessation" ever since, according to a complaint filed with the Office of Surface Mining Reclamation and Enforcement, or OSMRE, and the Wyoming Department of Environmental Quality.

Contura is required to update the mines' annual reports after a temporary cessation lasting for more than 30 days under state and federal regulations, the council wrote. Updating the report notifies interested parties how long the temporary cessation will last and ensures appropriate actions are taken to protect the site as well as plan to address environmental hazards.

"We understand the chaos of the situation," the complaint states. "However, Blackjewel's bankruptcy and decision to cease mining operations does not excuse Contura from compliance with these requirements."

Contura's current mine and reclamation plans also detail long-term mining and reclamation plans, but the company has more recently discussed options involving a more immediate reclamation process or operating the mines in the short term before beginning reclamation, the council alleges. The company must submit updated plans to the agencies for review, according to the complaint.

"The new information and amendments to the mine and reclamation plans should be deemed a major modification to the permits, requiring public notice and comment/objection opportunities," the council said in the complaint.

The council called on the OSMRE to conduct a federal inspection and take enforcement actions if the Wyoming Department of Environmental Quality does not issue a violation.

Contura declined to comment on the complaint.