heather.foos@ohiou.edu
Ohio's one-of-a-kind forest, Dysart Woods, has been the subject of much controversy during the past few years, but by the end of this month, a final conclusion might be reached.
The forest, located in Belmont County and owned by Ohio University, has been threatened since the late 1950s because the mining rights under Dysart were sold before conservation laws were in place. In 1968, the forest was made a national natural landmark, but that afforded the forest little protection, said Chad Kister, Dysart Defender's coordinator.
Dysart Defenders is an organization that is dedicated to protecting Dysart Woods and has almost 2,000 members statewide, Kister said.
The most recent problems arose in 2003 when the Ohio Valley Coal Company announced plans to mine directly under Dysart Woods. OU, Dysart Defenders and the Buckeye Forest Council appealed the mining permit.
The OVCC mines for coal that is used primarily in the utility market, said Mike Gardner, associate general counsel of OVCC and an OU graduate in environmental biology.
OVCC currently is allowed to perform room and pillar mining directly under Dysart. This type of mining leaves small pillars behind to support the land above the mining area, said OU's Director of Legal Affairs John Burns.
OVCC also is allowed to perform long-walled mining within 300 feet of the ancient forest. This type of mining uses a machine to remove all coal, leaving nothing behind to support the disturbed land. This can cause immediate sinking, said Susan Heitker, executive coordinator of the Buckeye Forest Council.
There is a concern that springs and seeps may be relocated to an area that didn't receive as much water previously
Heitker said. That can lead to flooding which may cause slippage.
If slippage occurs, trees could topple and cause damage to the vegetation of the forest, she said.
My major contention from the beginning has been that it is difficult to predict what the effect (of the mining) will be on Dysart said Brian McCarthy, a professor of environmental and plant biology at OU. He has been serving as a professional witness during the Dysart hearings.
He said Dysart Woods is the only forest of its vegetation type in Ohio, making it vital to the ecosystem. If this forest dies out, it has the potential to kill off animal species that rely on it for survival.
Gardner said there is no reason to be concerned about mining under the forest.
We've bent over backwards and spent an enormous sum of money getting expert opinions and having studies done
and they all show that we will not cause any adverse effects on Dysart
he said. It is our policy to comply fully with all environmental laws that are in place.
He said OVCC has a reasonable amount of scientific information saying there will be no harm to the old growth forest.
Kister stresses that it is important to protect the forest in its entire pristine state.
The forest loses its value with all the disturbances
especially with the type of disturbances that coal mining produces
he said.
Gardner said a lot of the problem is not based on facts.
Nobody has taken the time to look at what (testing) has been done; it is all led by emotion
he said.
OU purchased the land in 1967, but Kister said the university has an agreement with OVCC, which owns the mining rights to the land, so the university's involvement is no longer top priority.
The forest provides lots of benefits to OU
so it is grave that they aren't helping the effort
he said, adding that he hopes they will do something to at least stop mining underneath the forest.
Burns said the university decided to drop its appeal and settle in April because they thought the permit had a number of protections in it
and because it would have been very costly to continue the appeals.
So far the courts have refused any motions to stop mining during the appeals process.
The Dysart Defenders and the Buckeye Forest Council are awaiting the decision of an appeal made late last year. The decision may reverse a permit that allows mining under the Dysart area. A reclamation commission should announce the decision in late January or early February.
Burns said once a decision is reached, it can be appealed again in the Belmont County Appeals Court.
