Archive for the ‘Other MTR News’ Category

Spill at base of valley fill on Clear Fork of Coal River

Monday, June 14th, 2010
posted by charles

Update 6/17/10:

The West Virginia DEP has issued an Imminent Harm Cessation Order and 3 Notices of Violations in response to the pond failure incident.  Catenary Coal was cited for sediment control, downslope spoil disposal and operating off their permit for the EnviroFlocc tanks.  The company has been ordered to restore the retention pond to full working capacity, repair off site damages to the stream and neighboring property, and remove the illegally placed tanks of flocculant.  Fines have yet to be assessed.

This now makes 7 violations on the Kayford South Mine in the last 12 months, some for a similar incident to Gardner Branch.  Further problems with downslope spoil disposal could make this mine a candidate for a Show Cause hearing.

Spill below valley fill on the Clear Fork of the Coal River, Raleigh County.  Photo by Andrea Lai.

Spill below valley fill on the Clear Fork of the Coal River, Raleigh County. Photo by Andrea Lai.


DOROTHY, W.Va.—A large volume of water gushed from the area of a retention pond at Caternary Coal’s Kayford South Surface Mine yesterday, leaving an approximately 40-foot-wide swath of rubble and mud and heavily sedimented water, down Gardner Branch past houses and into the Clear Fork of the Coal River.  Through investigating the spill, citizens found a tube from a flocculent tank going into Gardner Branch below the failed retention pond.

(more…)

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Massey Pledges $1 million for Marsh Fork Elementary

Thursday, March 25th, 2010
posted by ambernitch

Finally, the struggle to build a new school for the students of Marsh Fork Elementary may be coming to a close. This past Tuesday, March 23rd, Massey Energy pledged $1 million towards replacing the school. Previously, Massey had refused to help finance a new school, but after mounting public pressure, including lobbying efforts by local resident Ed Wiley as well as public criticism from Senator Robert C. Byrd, they have given in.

Marsh Fork Elementary currently sits 300 feet below a Massey Energy processing plant and 400 yards from the 2.8 billion gallon Shumate sludge impoundment. Independent studies have proven that coal dust contaminates the school and endangers the health of the students.

Coal River Mountain Watch
has already pledged $10,400 for the school and the Raleigh County School Board is now awaiting a response from the state School Building Authority concerning their request for $6.6 million.

Read the full article from the Charleston Gazette here.

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DEP Denies Public Hearing For Edwight Show Cause

Thursday, March 11th, 2010
posted by Dea

This just in from our friends at Coal River Mountain Watch:

DEP Denies Public Hearing For Edwight Show Cause

Contact: Judy Bonds 304-854-2182, Vernon Halton 304-913-4113

WHITESVILLE, W.Va. — The West Virginia Department of Environmental Protection (DEP) has denied local citizens a public hearing regarding a show cause order on the Edwight Surface Mine.  According to state law, show cause orders, intended to be the last step before the DEP shuts down a mine site, are supposed to be settled in public hearings.  Despite the law, the DEP has decided not to hold a public hearing, and is instead privately negotiating a consent order with the mine operator, Alex Energy, a subsidiary company of Massey Energy.

After repeated requests, the DEP has granted CRMW the right to submit comments on the drafted consent order but is still refusing to hold a public hearing.  CRMW is asking community members to submit comments to them, as well as suggesting they file for their own right to comment.

Due to the DEP’s continual failure to follow the law, CRMW is now looking to the Office of Surface Mining Reclamation and Enforcement (OSMRE). 

“Massey Energy’s Edwight permit is one of the most flagrant examples of the DEP failing to regulate this outlaw company. The OSMRE needs to act now to takeover the duties that this failed agency refuses to perform,” said Vernon Haltom, co-director of Coal River Mountain Watch.

Other community members are also expressing frustration with the violations on Edwight. Last April, local citizen Bo Webb took his case all the way to Washington, D.C. after he observed violations going unnoticed by the West Virginia DEP. As a result, OSMRE shut down that area of Edwight until the violations were issued. 

Currently, there have been 33 cited violations on the Edwight Surface Mine.  Besides the violations mentioned in the show cause, there are nine others that exhibit a negative pattern, a label given by the DEP when at least three violations of the same type occur within 12 months of each other.  The current show cause order was issued in November for six repeated violations.  

As these violations continue and the DEP refuses to enforce the law, community members are left to deal with the consequences.  As local resident Tom Beckner said in reference to Edwight, “We used to have some of the best drinking water. Now it’s nothing but a slush pond.”


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In Commemoration of the Anniversary of the Buffalo Creek Disaster

Thursday, February 25th, 2010
posted by ambernitch

The Buffalo Creek Disaster of February 26, 1972, occurred when Pittston Coal Company’s coal slurry impoundment dam #3 in Logan County, West Virginia, burst forth after heavy rains, unleashing 132 million gallons of black wastewater.  The burst in dam #3 subsequently caused dams #1 and #2 to fail. The disaster left 118 dead, 7 missing, 1,121 injured, and over 4,000 homeless. Property damages exceeded $50 million. According to Pittston Coal, the dam failure had been an ‘Act of God’. This ‘Act of God’ occurred only four days after the impoundment had been inspected and declared ‘satisfactory‘.

The Governor of West Virginia at the time, Arch Moore, formed an investigative commission, which consisted solely of coal industry supporters. After the commission denied a request that a coal miner be added to the commission, a Citizen’s Commission formed to perform their own independent investigation of the disaster. The citizen’s report concluded that Pittston Coal was guilty of the murder of at least 124 people.

Previously in 1966, after a coal-waste dump in South Aberfan, Wales gave way killing 147 people, a geologist from the U.S. Geological Survey and the Bureau of Mines conducted a survey of potentially dangerous slag heaps in the coal-mining regions of the U.S. In that survey the Buffalo Creek dam was reported to be ‘unstable’. Later, the U.S. Interior Department gave a report on 38 West Virginia Coal Waste Dams to the Governor. Those in need of immediate repair were fixed, but no other corrections or inspections were done. In February of 1968, concerned residents of Buffalo Creek wrote the Governor expressing their fears that the dams were in danger of collapsing, but the dams were merely looked at and no corrections were made. Dam 3 collapsed in February 1971 causing black water to bubble up in the impoundments behind the dam. More coal refuse was dumped in to fill the break in the dam.

Due to the negligence on the part of Pittston Coal, some 625 survivors sued the Pittston Coal Company for $64 million in damages. They settled for $13.5 million. A second suit by 348 child survivors sought $225 million and settled for $4.8 million. The State of West Virginia also sued the company seeking $100 million, but Governor Moore settled for a mere $1 million. Gerald M. Stern, an attorney with Arnold & Porter, the law firm that had represented the case, wrote a book dedicated to the victims of the flood, entitled, “The Buffalo Creek Disaster.” The West Virginia Division of Culture and History has also compiled information concerning the event on their website.


Buffalo Creek by T. Paige

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Update on Arrested United Mountain Defense Volunteers in Tennessee

Sunday, January 24th, 2010
posted by brast

In other recent news regarding environmentalists running into trouble with the law, a United Mountain Defense volunteer, Matt Landon Jones and two journalists were recently arrested for trespassing in Knoxville, Tennessee after photographing at the site of the Tennessee Valley Authority coal ash disaster that occurred last year. “These arrests are part of a pattern of harassment of UMD volunteers by TVA,” said Jones. “TVA has tried to prevent United Mountain Defense from conducting independent water testing, deploying air monitoring, and working with the community of Roane County and they have consistently harassed me while doing this work.”


For more information and to watch videos, check out their blog!

http://dirtycoaltva.blogspot.com/

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Hundreds to Converge at WV Department of Environmental Protection Against Mountaintop Removal Coal Mining

Monday, December 7th, 2009
posted by andrewmunn

Climate Ground Zero activists are participating in today’s rally at the West Virginia Department of Environmental Protection. Multimedia updates will be available here throughout the day. Below is the full press advisory.

Hundreds to Converge at WV Department of Environmental Protection against Mountaintop Removal Coal Mining
Robert Kennedy, Jr. to speak at rally, calls for stop to MTR blasting of Coal River Mountain and protection of nation’s clean energy resources

WHEN: Monday, December 7th at 2:00 p.m.

WHERE: WV Department of Environmental Protection Headquarters, 601 57th Street SE, Charleston, WV.

WHAT: Hundreds are set to rally at the West Virginia Department of Environmental Protection (DEP) on Monday, December 7th to call for the end to the mountaintop removal coal mining on Coal River Mountain in the Coal River Valley. The site of a proposed wind farm and less than 200 yards from the largest coal sludge dam in the country, Coal River Mountain, is a line in the sand for residents, environmentalists, and prominent figures, like Robert Kennedy, Jr. Coal River Mountain is the last intact mountain in the Coal River Valley watershed, and its protection is seen as crucial in renewing Appalachia and building clean energy jobs in the region. In the face of slow government action, Climate Ground Zero has organized two actions on the mountain, halting clear cuts and blasts.

WHO: Coal River Valley community members, concerned citizens from across the region as well as Coal River Mountain Watch, Climate Ground Zero, Mountain Justice, Ohio Valley Environmental Coalition, Student Environmental Action Coalition (SEAC), Christians for the Mountains, the Alliance for Appalachia and Rainforest Action Network who have been advocated to abolish the mountaintop removal coal mining practice.

WHY: Despite regulatory violations, Massey Energy last month began clear-cutting the lush hardwood forests and setting off blasts for a massive 6,600-acre mountaintop removal operation on Coal River Mountain.

Just last week, the US Environmental Protection Agency (EPA) sent a letter to Marfork Coal Company, the Massey Energy subsidiary that is blasting on Coal River Mountain. The letter follows up on an EPA site visit to Coal River Mountain earlier this month, and notes with concern that the company appears to be operating without the required permit under the Clean Water Act.

The EPA is taking a tough look at the mining site, using its legal and regulatory authority to intervene in the operation of the Bee Tree mine on Coal River Mountain. Residents and environmentalists will be demanding that the West Virginia DEP do the same. Residents are asking the DEP to inspect the coal sludge dam nearest to the mine site, and to stop the blasting if Marfork/Massey cannot demonstrate that blasting so close to the largest coal sludge dam in the country is safe.

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Dec. 7th Rally Against Mountaintop Removal in Charleston!

Friday, December 4th, 2009
posted by Dea

Rally Dec 7th

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Senator Byrd Ready to See W.Va. Move Beyond Mountaintop Removal Mining

Thursday, December 3rd, 2009
posted by Dea

“Change is no stranger to the coal industry,” said Senator Byrd in a statement released today, which emphasized the need to shift West Virginia’s economy away from mountaintop removal mining and towards renewable energy. As the United States builds a lower-carbon economy, Byrd recognizes the importance of West Virginia developing industry beyond coal. Byrd referred to West Virginia as a clean energy innovator, citing the largest wind power facility in the eastern United States and three wood pellet plants as examples.

“Mountaintop removal mining, a declining national demand for energy, rising mining costs and erratic spot market prices all add up to fewer jobs in the coal fields,” said Byrd, who was raised in southern West Virginia before becoming the longest serving senator in United States history.

Senator Byrd’s record of favoring mountaintop removal as economically advantageous furthers the significance of today’s statement.

Byrd still supports the use of coal power and favors so-called “clean coal technology.” He has been working with a group of Democratic senators from coal-producing states in drafting provisions that will help the industry lessen their carbon footprint.

“These include increasing funding for clean coal projects and easing emission standards and timelines, setting aside billions of dollars for coal plants that install new technology and continue using coal,” said Byrd in his statement.

Update, 12/4/09:

“Increasing funding for clean coal projects and easing emission standards and timelines, setting aside billions of dollars for coal plants that install new technology and continue using coal,” is wrong-headed.  Coal is filthy, there’s no way around it.  Especially as long as coal slurry is produced.  Easing emission standards is no way into the future, but a step backward.  Giving billions of dollars to an already wealthy industry, for whatever purpose, is misplaced. All this money would be much better spent transitioning communities where coal is mined to more diverse economies with local control–not more outside industry that is unlikely to have the local communities’ welfare at heart.

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NYT: West Virginia Coal Miners’ Group Urges Tennessee Boycott

Tuesday, July 21st, 2009
posted by antrim

Published: July 20, 2009

ATLANTA — Coal miners and their employers in West Virginia are encouraging a boycott of travel to Tennessee in retaliation for Senator Lamar Alexander’s support of a federal ban on a type of mining known as mountaintop removal.

The idea for the boycott surfaced after a large group of opponents from West Virginia attended a Congressional committee hearing in late June on a bill that would forbid the pollution of streams with debris from surface mining techniques like mountaintop removal, said David Moss, director of governmental affairs for the Kentucky Coal Association.

Mr. Alexander of Tennessee is the only Republican to co-sponsor the bill, the Appalachia Restoration Act, and an official from the Tennessee Department of Environment and Conservation testified in its favor.

In response, two mining companies canceled their annual company picnics at Dollywood, Dolly Parton’s amusement park in the Great Smoky Mountains of Tennessee, according to a letter from Richard K. Phillips, an executive of Coal-Mac in West Virginia. A mining equipment company in Kentucky urged its employees not to visit Tennessee. A miner support organization, Citizens for Coal, chimed in. The letter was first reported by West Virginia Public Broadcasting.

In his letter to several chambers of commerce in Tennessee, Mr. Phillips, the Coal-Mac executive, said 80 percent of Coal-Mac’s 300 employees traveled to Tennessee monthly, and that the cancellation of two company picnics would cost Tennessee more than 3,000 visitors.

“If you want our industry’s business, we suggest you let your representatives know that the industry they are trying to destroy is a major source of your tourism money,” he wrote.

Coal mining is a relatively small industry in Tennessee, generating $67 million compared with tourism’s $14.2 billion. Mr. Alexander brushed off the boycott, saying, “Every year, millions of tourists come to Tennessee and spend millions of dollars to see our scenic mountaintops, not to see mountains whose tops have been blown off and dumped into streams.”

As concern over the polluting effects of mountaintop removal has mounted, miners feel cornered, said Mr. Moss, of the coal industry group, adding that thousands of jobs are at stake.

“This has become such a hotbed issue that people are getting very worried,” he said. “There was real angst over Senator Alexander when he first sponsored the bill.”

Still, one company, TECO Coal, backed away from its initial support of the boycott, issuing a statement that read, “We regret our previous action, which was an emotional response that doesn’t benefit our 1,200 employees, the eastern Kentucky communities we support, the environment we work to protect or our neighbors in Tennessee.”

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Coal Country Premieres in Charleston, WVa

Sunday, July 12th, 2009
posted by antrim

Charleston, WVa – The latest documentary film to examine mountaintop removal coal mining in Appalachia premiered last night to a standing-room-only crowd, who poured in the Capitol Cultural Center last night filling almost 500 seats in the theatre.

Coal Country premiered to a standing room only crowd in Charleston, WV, July 11, 2009.  photograph (c) antrim caskey, 2009Coal Country premiered to a standing room only crowd in Charleston, WV last night, July 11, 2009.                                                                                                                                                          photograph (c) antrim caskey, 2009

Coal Country, a film made by Phylis Geller and Mari-Lyn Evans, is different than the handful of documentary films produced on the same subject in the last years, including multi-award winning films Mountaintop Removal by Michael O’Connell and Burning the Future by David Novack.

Coal Country looks “at both sides” more than any previous documentary and last night’s audience reflected this point of view. Randall Maggard, a local coal operator, was featured in the film. Maggard had the rare opportunity to say “his side” of the story — what mountaintop removal is all about, how it works, etc…

Coal Country succinctly and orderly examines the process of mountaintop removal coal mining, the tremendous life and health hardships endured by the Appalachian people who find these operations in their communities and the legal battle in various state courts over the issue.  Viewers get to see Maggard, the coal operator, working on the job and reflecting at home.

Probably the most poignant moment in the film is the one few who follow the issue have seen either on the silver screen or in the pages of the Vanity Fairs and National Geographics – Maggard weeps while describing a conversation he’s had with his school-age daughter who receives an assignment to look at the devastation caused by the unprecendented mining process.

Executive Director Mari-Lyn Evans said that she found Maggard at the end of the film screening standing alone, off to the side, weeping again.  Evans approached him to offer comfort and Maggard emphatically told Evans, “We have got to talk.”

According to Evans, Maggard approached 2003 Goldman Environmental Prize winner Judy Bonds, who was featured in the film, and shook her hand, declaring that they must talk too.

Can a documentary film foment social change? It seems that Coal Country is the first to truly engage “both sides” in a discussion of the controversial coal mining process.  Apparently Maggard has already begun to feel the wrath of the coal industry for even appearing in the film — a familiar consequence for those Appalachians who’ve been speaking out for their communities for years.

Maria and Kathy, two West Virginians from Prenter, were featured in the film and attended the worldwide premiere of Coal Country last night in Charleston, WV.  photograph (c) antrim caskey, 2009

Maria Lambert and Kathy Parsons, two West Virginians from Prenter, were featured in the film and attended the worldwide premiere of Coal Country last night in Charleston, WV. photograph (c) antrim caskey, 2009

Will this be an opportunity to unite? Did the audience in the Cultural Center form a bond of understanding?  A promise to talk ?  Did the audience see that they themselves have more in common than with the Don Blankenships and Gene Kitts of the world?

Interestingly the reviews of the film today all noted how the crowd in the theatre was “pretty calm.” Well, if you are accustomed to a silent theatre while watching a film, this theatre was rockin’. Talk-back to the screen came mostly from coal proponents who comprised about one third of the film’s audience. And when Evans thanked Ken Hechler in her pre-screening address, this vocal group errupted in jeers, catcalls and insults; in response, those who honor Hechler’s decades of service to the state of West Virginia, rose to their feet to give the 94-year-old a standing ovation. This was the tensest moment of the night.

As the film credits rolled and the audience began to pour out into the night, a small group of coal miners, who were easily identified by their black Argus Coal t-shirts, became hostile and agitated while talking to a few activists, who were probably fighting a losing battle in trying to discuss such an emotionally charged issue in the aftermath of a film screening that basically nails that fact that mountaintop removal must end.

Capitol Police were on the ball and were seen running to the outside entrance, where a heated conversation was brewing. Approximately six coal miners were escorted from the building property by three officers.

West Virginia Capitol Police escorted six coal miners from the Capitol Complex after they became hostile and threatening towards those who tried to talk to them after the screening.  photograph (c) antrim caskey, 2009

West Virginia Capitol Police escorted six coal miners from the Capitol Complex after they became hostile and threatening towards those who tried to talk to them after the screening. photograph (c) antrim caskey, 2009

Seems police supervision is still needed for these conversations.

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