Mod 17 - South Bates Extension (LWs 17-25)

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The following is a preliminary version of my submission on this modification. As arranged I will provide the complete updated submission to your department for consideration within the next 14 days, by 16th May 2017.
Wambo Modification 17 - South Bates Extension
This submission is in objection to the expansion proposal by Peabody Wambo.
The Wambo coal mine has open cut and underground mining operations since 1969. It is owned by Peabody Energy.
The mine is very close to the World Heritage listed Wollemi National Park and has severely impacted on the Wambo Creek systems, Wollombi Brook and Hunter catchment, surrounding farm land and neighbouring communities, Aboriginal cultural heritage and biodiversity.
The endless expansions of this mine, now the 17th Modification is creating a monster super pit that allies to Department of Planning's drive to pillage the resource of coal in the Hunter region
These ongoing extensions and large super pit proposals are not sustainable developments. The cumulative impact of mining in this area of the Hunter is vast and the NSW Government is refusing to adequately assess the long-term costs.
1. The project should be a new proposal, not a 75W modification, because a new mining lease is required. This modification process has been driven by the Department despite the required processes under the "we believe premise" that allows it to slip through the legal cracks.
2. The extension of nine new longwall panels within 120m of the World Heritage listed Wollemi National Park is unacceptable. This will cause rock falls and instability of cliff lines and steep slopes, and most likely already has the suggested impacts to the areas with restricted access by Wambo control.
3. Further subsidence under North Wambo Creek and the creek diversion including the associated alluvial aquifers is too great a cumulative impact. Increased ponding, cracking and loss of base flows cannot be approved.
4. Peabody Energy has not fulfilled current commitments to address long term subsidence impacts on Wambo Creek. The Department are aware of the requirements under the requirements of Approval 305-7-2003, and its parade of modifications where it contains within the consolidated consent reference to the need for the Deferred Commencement, under schedule 3, Administrative Conditions, Terms of Approval: "5. This consent shall only commence when the Applicant has surrendered all previous development consents for the Wambo coal mine, excluding DA No. 108/91 issued by Singleton Shire Council, to the satisfaction of the Secretary."

The Tripartite agreement that holds the DA 108/91 still current has not been completed with inappropriate actions on the part of the Department and the mine terminating two consultations in defiance of the agreement conditions.
The agreement has been misdirected by the Department and Wambo and stalled by the direction of both parties.
5. The proposal to extend the mine life to produce 11.3 mtpa of coal for another 7 years until 2039 is morally wrong and is a climate injustice with intent to profit Peabody and the State Government.
6. The Wambo mine produces large quantities of gas that is released into the atmosphere or flared. The greenhouse gas emissions from the operation are too high and the allegation that the coal exported does not impact is a misrepresentation of facts.
7. Cumulative impacts on Aboriginal cultural heritage, water sources, biodiversity, neighbours and Wollemi National Park have not been assessed to include surrounding large mines at Hunter Valley Operations, Warkworth -Mt Thorley Complex, United and Bulga operations.
8. Peabody Energy cannot be trusted to meet mine closure and rehabilitation commitments. There is history that the mine under all ownerships has a culture that continues to fail to comply with consent conditions from its earliest days to present time with no evidence of restoration of damages caused.
This compliance failure has been well documented to the Department since prior to 2002 and the impacts to the creek since 1998 is also documented for the Department as well as to what is now Water NSW. Both of these departments fail to recall these facts and choose to ignore the damage being caused.
9. Water monitoring. The company has refused to monitor water as required. It has and does not monitor the creek and aquifers to this day. Part of the grounds for holding DA108/91 active was to ensure this was done and to ensure provision of the conditions requiring replacement of water lost through mining to the point of flow restoration.
10. Noise monitoring. The noise monitoring done by the company is totally inadequate and the levels of intrusive noise and excessive noise continue with no attempt by the company to meet requirements of any of the consents that are active.
11. Subsidence monitoring. The company has not monitored the impacts of subsidence on the land, as displayed with our property and has relied on us to provide this service for them. Current subsidence has continued as far back as 2010 with hesitance by Peabody to adequately address our current events.
Ronald W Fenwick
264 Frost Track
Bulga via Singleton 2330

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