Scotts Run Residents Turn Out to Oppose Mine

Air grievances over Patriot’s prospective permit renewal

Morgantown Dominion Post
13 October 2010
By Joel Cuthbert

CASSVILLE — Residents were given a final opportunity to publicly voice their concerns — some bordering on outrage — over the permit renewal for a nearby mine, though many still feel their words fell on deaf ears.

On Tuesday, the West Virginia Department of Environmental Protection (DEP) hosted a second public hearing on the permit renewal for Patriot Mining Co.’s New Hill East Mine at the Scotts Run Volunteer Fire Department. The hearing was held in response to comments and concerns submitted by residents who remain vehemently opposed to the renewal.

While turnout was much less than at a May 26 hearing on Patriot Mining Co.’s proposed surface mine expansion, those against the renewal far outnumbered those in favor.

Betsy Lawson, who lives near a surface mine, asked why a private company, such as Patriot Mining Company, is allowed to profit while adversely impacting the surrounding community without providing that community compensation.

“We’re losing the value of our property; we’re losing our communities; we’re losing our lungs, and I just don’t think it’s fair that a private company gets to benefit financially at our expense,” she said, summing up the outrage felt by many residents.

Similarly, Chris Rennihan criticized the DEP for protecting the “criminal behavior” of mining companies at the expense of public safety. He claimed that the DEP fails to enforce “socially responsible behavior” by granting and renewing permits for mines that effectively destroy the surrounding communities time and again.

For the most part, however, residents were primarily concerned with seeing more stringent monitoring of environmental impacts and the implementation of further safety measures.

Based on data provided by the DEP, John Wood, an 18-year resident of Cassville, said 1 billion pounds of fly ash — a coal-combustion byproduct used to prevent acid mine drainage — were dumped at the New Hill East Mine between 2005 and 2007. Fly ash contains toxic compounds, such as arsenic, lead and mercury, among other things, which residents fear will either be put into the air or leach into the water supply.

Wood added the DEP has yet to validate there has not or will not be long-term, negative environmental impacts from this dumping.

“Before DEP renews the New Hill East permit, the public needs to know what cumulative effect the ‘beneficial dumping’ of toxic coal combustion waste has had or may have downstream or on ground water, and in the air and soil surrounding this mine,” he said.

In addition, Wood called for better environmental monitoring of these toxic compounds, both inside and outside of current mine boundaries, as well as during and long after the mine is in use. He also said reliable studies need to be used to provide objective evidence there are no negative long-term effects.

“If Patriot thinks it is impractical or too costly to do so, then it is irresponsible and wrong for DEP to continue to approve ‘beneficialuse’ mining permits,” Wood said. “The coal industry must be held responsible. DEP must not strap taxpaying citizens with long-term costs associated with toxic waste cleanup now or in the future.”

Finally, Wood claimed Cassville residents “have a legal right to productive use of their property,” and requested all mining operations, in addition to blasting, be restricted to daylight hours Monday through Friday.

According to DEP Permit Supervisor Randy Moore, all of the necessary monitoring required by law was performed prior to consideration of the renewal permit. He added the Patriot Mining Co. will continue biomonitoring under the DEP’s supervision.

Unlike other residents who spoke, Rick Temple, who lives on New Hill, defended the Patriot Mining Company.

“I think it’s time that people know that Patriot has tried to help people in our community,” he said. “My experience with the coal company has been anytime you have a project that’s going to benefit your kids and community, they’re more than willing to help.”

Temple listed several local projects the Patriot Mining Co. contributed to, including the new backstop at the ball field and the removal of the old basketball court.

However, Rennihan said none of these donations lessen the various environmental harms caused by mining or the respiratory problems suffered by community members, adults and children alike.

“Those clouds of dust just don’t go away by doing a little bit of something here and there to pretend you care about the community,” he said.

John King, with the Environmental Advocate Office, recommended community members form a Scotts Run Watershed Association to better communicate concerns to the DEP in the future and further efforts to regulate local mines.

As with any public hearing, Moore said the DEP will take comments and concerns received and factor them into their final decision on the renewal permit. He said there is no deadline to approve or deny the permit.

“We’ll have to be comfortable with it and make sure it meets all our rules and regulations,” Moore concluded.

All residents who signed in at the public hearing are expected to be notified of the DEP’s decision.