6/25/98
Contact: Gary North, Ohio University, (740) 593-2555
ATHENS, Ohio -- Ohio University has filed a petition with the Ohio Division of Mines and Reclamation seeking state protection for an old-growth forest in Belmont County owned by the university. If granted, the petition would declare the 55-acre old-growth forest in the Dysart Woods Laboratory and a 1,500-foot surrounding buffer zone unsuitable for mining.
The university's action follows statements by Ohio Valley Coal Co. officials, who have said they plan to ask the state to approve a permit allowing the company to mine beneath the old-growth forest. Ohio Valley Coal Co. owns the mineral rights to a seam of coal that runs under the woods.
"The intent to mine beneath the old-growth forest is of concern to Ohio University because of the delicate balance of the ecosystem that supports Dysart Woods," said Gary North, vice president for administration at Ohio University. "There are simply no assurances anyone can give that will guarantee no damage will result from mining. Therefore, we feel obligated to protect these old-growth trees."
Ohio University purchased the old-growth forest and more than 400 acres surrounding it from the Nature Conservancy in 1966. Some of the trees in the old-growth area are thought to be between 300 and 400 years old and make up one of the state's last remaining stands of virgin forest.
According to David Northrop, a Columbus-based attorney representing the university in this case, the woods may qualify for state protection under a 1981 Ohio statute that empowers the state to designate areas of land as unsuitable for mining. The section of the statute that may best apply to Dysart Woods, Northrop said, prohibits mining that would "affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific and aesthetic values and natural systems."
The historical and ecological significance of Dysart Woods has been recognized by many organizations, including the U.S. Department of the Interior, which designated the old-growth forest a National Natural Landmark in 1968. The Ohio Department of Natural Resources also has documented the woods' relevance in Ohio, calling the forest of "high statewide significance" in a Sept. 25, 1997 internal memo.
"Dysart Woods is also very important to our environmental and plant biology faculty, who have used the woods for decades for research and instruction," North said. "The forest is a uniquely valuable resource to our academic mission. Any action, such as mining, that could change its make up would limit the value of future research."
The type of mining proposed is longwall mining, in which a machine is used to dig hundreds of feet beneath the surface to excavate the coal. As the machine moves forward, the mine collapses behind it, causing the land above to subside. That could damage the trees' water supply and root systems, according to Richard Parizek, a Pennsylvania State University hydrogeologist and consultant for Ohio University hired to study possible effects of mining on the old-growth forest in Dysart Woods.
In his report, filed as part of the university's petition, Parizek concludes that: "Decisions to allow mining close to this property will require a superior technical understanding of the hydrologic setting in order to fully protect this unique old-growth forest, evidence for its succession, and its ecosystem. This superior understanding is lacking at present, hence at least a 1,400 foot protective zone is recommended."
The chief of the Ohio Division of Mines and Reclamation has 30 days to determine if the university's petition is complete. If it isn't, the university can revise the document. Within three weeks of being ruled complete, the petition is made available to the public, and within 90 days, a public hearing could be set in Belmont County to discuss the petition.
But, this hearing could be delayed for up to seven additional months if the chief concludes that a delay is necessary for adequate review of the petition. After the hearing, the chief has 60 days to render a decision, which can be appealed to the Reclamation Commission, a state administrative appellate body that reviews decisions of Ohio Division of Mines and Reclamation.