Dear Mr. Caperton,
As you are aware, the issue of Alpha subsidiary Republic Energy’s Eagle #2 permit, S302805, has been referred back to the WVDEP from OSMRE for supplemental information. This is your opportunity to correct the previous WVDEP administration’s mistake of retroactively extending a not-started permit. I urge you to find permit S302805 terminated, in accordance with the clear and unambiguous language of the Surface Mining Control and Reclamation Act (SMCRA). This decision would comply with state and federal law and save both state and federal agencies the time and expense of defending a company that your own agency has accused of fraud. This is an opportunity for you to begin repairing the WVDEP’s reputation as an agency that is lax in enforcing the laws and regulations intended to protect the citizens of West Virginia, a reputation recently reinforced by the OSMRE’s report finding deficiencies in WVDEP’s implementation of its program. In addition, you would be protecting the community from the public health threat of a 2,000-acre mountaintop removal site.