The Front Porch Blog, with Updates from AppalachiaThe Front Porch Blog, with Updates from Appalachia

North Carolina Cares About Clean Water

Thursday, March 7th, 2013 | Posted by | No Comments

By Ian Watkins
Red, White and Water Intern, Spring 2013

According to a recent report by Land for Tomorrow, 91 percent of residents in North Carolina and surrounding states believe it is “important” or “very important” to conserve and protect water and other natural resources. Additionally, a 2002 publication of the N.C. State Economist it was found that people are willing to pay more money in the form of travel expenses in order to enjoy higher levels of water quality. Based on an estimated 14.7 million water-related recreation trips each year by North Carolinians, annual economic savings from water improvements are estimated to be $11.9 million for the Neuse waterway, $14.7 million for Cape Fear improvements, and $6.5 for Tar-Pamlico. While protection of natural resources may sometimes be a divisive topic, residents of North Carolina share a common desire for clean water, with good reason. Clean water is good for the environment and the economy.

The benefits of clean water can also be understood by realizing the costs associated with water treatment. According to a report by the N.C. Division of Water Quality, costs to be considered include additional water treatment, developing new drinking water sources or providing emergency replacement water, public information campaigns when pollution incidents arouse public and media interest, and payment for consulting services and staff time. When Burlington, N.C., found contaminants in their source water that were not eliminated during treatment, city subsidies were used to eliminate it from source waters.

Perhaps a more important measurement of the economic benefits of clean water is the success of publicly funded solutions for addressing water pollution. The N.C. General Assembly established the North Carolina Clean Water Management Trust Fund in 1996 and its funding of resource conservation has strengthened the state’s economic vitality. According to a report by the Trust for Public Land, every dollar invested In the N.C. Clean Water Management Trust Fund returns four dollars to the state in the areas of drinking water protection, flood control, tourism and outdoor recreation.
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Help Protect Kentucky’s Fish from Toxic Selenium

Wednesday, February 27th, 2013 | Posted by Eric Chance | No Comments

Two headed trout, a result of selenium pollution. Courtesy of USFWS.

The Kentucky Energy and Environment Cabinet is currently attempting to significantly weaken the state’s water quality standards for selenium.

Selenium is a pollutant common at some coal mines that deforms and kills aquatic life. It bioaccumulates, increasing in concentration as it moves up the food chain, affecting larger fish and aquatic birds. At higher levels, selenium is toxic to people. Humans can be exposed to selenium through the water they drink and the fish they eat. Long-term exposure can damage the liver, kidneys, nervous system, and circulatory system.

Selenium pollution is expensive to prevent and to treat. By loosening standards, the cabinet is trying to protect the bottom line of polluters at the expense of the health of the state’s waterways and those that depend on them.

To learn more about selenium and why it is a problem in Kentucky, click here to read our selenium fact sheet (PDF).

Public comments are being accepted through Friday, March 1. Please help protect Kentucky’s fish from the toxic effects of selenium. Take a minute to make your voice heard by submitting a comment.

Even The Daily Show has taken note of the problem of selenium pollution in our nation’s waterways. The clip focuses on pollution from phosphate mines in Idaho, but the similarities between what happened there and what is going on in Kentucky are striking.


Lesson Learned: The Buffalo Creek Flood

Tuesday, February 26th, 2013 | Posted by Brian Sewell | No Comments

Inspecting the Aftermath: Residents of Buffalo creek worried constantly about the stability of the slurry dams upstream. Nothing was done. Photo courtesy of West Virginia State Archives.

I woke up this morning to a frozen world. Fog and ice descended on the hills above Boone, N.C., last night and are still waiting around for the thaw. It was silent other than the periodic crack of a branch and the following echo that bounced around the hills. Stepping outside after reading Ken Ward Jr.’s remembrance of the Buffalo Creek Flood, I wondered if this stillness was similar to what the residents of communities in Logan County, W.Va., felt that morning 41 years ago today.

To contain the refuse of a coal preparation plant operated by Buffalo Mining Co., a series of three dams were built upstream from the communities along Buffalo Creek in the 1950s and 60s, as Logan County continued to grow into one of southern West Virginia’s prolific coal-producing counties. Dam No. 3, the largest, stood 60 feet above the pond and downstream dams below. When it gave way on the cold morning of Feb. 26, 1972, the others collapsed instantly.

The poor construction and regulation of coal waste impoundments that precipitated the Buffalo Creek Flood intensified during boom times when coal preparation plants used more water and produced more slurry just to keep up with coal production. As Jack Spadaro, a former superintendent at MSHA’s Mine Health and Safety Academy, told me for a story last year, “All along, as these dams were being built, they weren’t really constructed using any engineering methods. They were simply dumped, filled across the valley.”
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Virginia Transportation Board OKs Coalfields Expressway Project

Thursday, February 21st, 2013 | Posted by Nathan Jenkins | 1 Comment

Approved on Wednesday by the Commonwealth Transportation Board, the redrawn route prioritizes Alpha Natural Resources' access to coal, not travelers' access to local communities. Click to view the full-size map.

Yesterday, Virginia’s Commonwealth Transportation Board approved a four-lane divided highway that will flatten steep mountain ridges in southwest Virginia along a route proposed by Alpha Natural Resources — the largest coal company operating in Appalachia today.

The proposed 26-mile Coalfields Expressway is only a few miles off of several less destructive routes studied by the Virginia Department of Transportation in 2001 when it conducted a detailed environmental review of the area. The difference is that VDOT looked for a suitable place to build a highway. Alpha and other coal companies such as Rapoca Energy, on the other hand, selected the most profitable route for surface mining, using the highway as justification for the environmental toll they would inflict along the way.

This difference in purpose of the proposed routes is apparent when you look at the estimated impacts. The route VDOT selected in 2001 would have a 750-foot right of way that would disturb about 1,100 acres of land, four miles of streams and 720 acres of forest. Those impacts alone are daunting, but they pale in comparison to the redrawn route. Alpha’s path of destruction, with its 2,200-foot right of way, would flatten more than 2,100 acres, bury 12 miles of streams and clear-cut more than 2,000 acres of forest — not to mention destroy two churches and three cemeteries.

Nevertheless, VDOT sees this “coal-synergy” project as beneficial because it will cost taxpayers $2.8 billion to build, as opposed to the projected $5.1 billion without collaboration from the coal industry. The savings are disputable, however, and do not factor in the environmental cost of the road’s relocation. VDOT’s rush to make this project a reality has led them to disregard recommendations from the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service — all of which are asking for a full environmental review of the new route.
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Kentucky Attempts to loosen Selenium Standards, Fish Attempt to Leave the State

Friday, February 8th, 2013 | Posted by Eric Chance | 2 Comments

Fish deformed by selenium pollution

The Kentucky Energy and Environment Cabinet is in the process of making the state’s water quality standard for selenium less stringent. Selenium is a metal that is especially toxic to fish, and is often released into streams through coal mining.

There will be a hearing before the Administrative Regulation Review Committee on Monday February 11, at 1 p.m. in Room 149 of the Capitol Annex, where, according to the Energy and Environment Cabinet website, the public “may” be able to speak out about this, but we still encourage concerned citizens to attend.

Selenium is a toxic nonmetal that is present in some coal and coal ash. Some of Kentucky’s mines release a lot of selenium because they are mining high-selenium coal seams, while others don’t release any.

Selenium is extremely toxic to fish in very low amounts because of its tendency to bioaccumulate. Selenium builds up in small fish and macro-invertebrates, and it accumulates even more in the fish that eat them. Toxic effects of selenium in fish include reproductive problems, deformities, damage to gills and organs, and death. The most obvious deformities are strangely curved spines, and “pop eye” — a buildup of fluid behind the eyes, causing them to bulge out. (more…)

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Appalachain Voices and Partners Object to Backroom Deal With Kentucky Coal Company

Monday, February 4th, 2013 | Posted by Eric Chance | No Comments

Frasure Creek owner, and billionaire, Ravi Ruia's yacht. Note the matching helicopter! Frasure Creek Mining is apparently on the verge of bankruptcy, but it's owners seem to be doing just fine. Click the image to learn more about the boat.

A coalition of citizens’ groups including Appalachian Voices filed objections to a proposed settlement between Kentucky’s Energy and Environment Cabinet and one of the state’s largest coal mining companies, Frasure Creek Mining. The agreement would legally resolve over a thousand water pollution violations from 2011 and 2012 at all of Frasure Creek’s mines across Eastern Kentucky, but the agreement will not fix the pollution problems.

Despite the fact that we are full parties to this enforcement action, this agreement was crafted entirely behind closed doors without us. Over and over again the cabinet has made every effort to exclude us and aid polluters. One of our objections to this settlement is that it has violated our right to due process since our names are on this agreement yet we had no say in it whatsoever.

Some of Frasure Creek's false conductivity values

Even more alarming, we expect that if this agreement is entered the cabinet will likely try to argue that this makes another ongoing case that we are involved in moot. That case is primarily based on blatantly false water monitoring reports submitted by Frasure Creek. Prior to that legal action, Frasure never admitted having pollution problems like the ones at issue in this case. It was not until they came under increased scrutiny, following our initial court filing, that they began reporting more truthful water monitoring data, uncovering the pollution violations at issue in this settlement.
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Moving Appalachia Forward!

Thursday, November 8th, 2012 | Posted by Brian Sewell | 1 Comment

Editor’s Note: As part of the launch of the “No More Excuses” campaign on iLoveMountains.org, we asked people whose lives have been directly impacted by mountaintop removal coal mining to contribute their thoughts on why President Obama should make ending mountaintop removal a priority in his second term.

The first in the series is a reflection by Nick Mullins, who was born and raised in southwestern Virginia and, until recently, worked at an underground coal mine there. Nick is now studying at Berea College in eastern Kentucky and blogs on the web site he created, The Thoughtful Coal Miner.


What are the Appalachian Mountains? Are they simply huge mounds of dirt and rock covered by forests? Are they containers for vast resources of energy and wealth? To my family — who have called the Appalachian Mountains home for ten generations — the mountains are much, much more. The mountains are our life, our heritage and our happiness. They are our shelters, our providers of clean water. They are a place where community and being a neighbor is more than just living beside someone.

Unfortunately, there are also those who see our mountains only as a source of wealth, rather than as part of our homes and our culture. They see them as obstacles to profit, and the people of Appalachia as the labor resource to harvest it.

Every day more blasts are detonated and more miles of freshwater streams are destroyed by mountaintop removal mining operations in the mountains where I was raised. The clean water that families once depended upon is now and forever stained and polluted. (more…)

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Worried about Water? The EPA’s New Tool Can Help

Tuesday, October 23rd, 2012 | Posted by Brian Sewell | No Comments

Maps provide a valuable perspective of the lay of the land, the ability to identify local waterways, their length and proximity to urban or agricultural areas, and their connectivity as they wrap around hills or snake through open plains. But there was always something you couldn’t learn about rivers and streams near your community by just looking at a map, at least until now.

On the 40th Anniversary of the Clean Water Act last week, Appalachian Voices was so caught up celebrating with the release of our “Clean Water Act at 40” report and video, we almost missed the release of the U.S. Environmental Protection Agency ingenious, easy-to-use website and mobile app, “How’s My Waterway?” Just enter your town, or let the tool find your location, and you’ll see a map like most others. But in a few clicks, you can find out which of your local waterways are polluted — and for those that are, what’s being done about it.

Once a river or stream is selected, “How’s My Waterway?” provides a rundown on the type of pollution reported for that waterway. Keep clicking and you’ll find a wealth of technical information and reports with descriptions of each type of water pollutant, likely sources and potential health risks. Pretty cool, huh?

Checking up on my local waterways using the EPA's new "How's My Waterway" tool.

So cool, that I’ve been digging into water data that I didn’t even realize was available. After letting the tool find my home in downtown Boone, I zoomed in on the Middle and East forks of the New River where they run through the eastern edge of town. According to the 2010 data used in creating “How’s My Waterway?”, both stretches of water are impaired for aquatic life. Looking at the map, the streams border the Boone Golf Course. (more…)

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Kentucky Governor Under Suit for Pro-Coal Corruption

Friday, October 19th, 2012 | Posted by Eric Chance | No Comments

Kentucky Governor Steve Beshear

Former Mine Permits director Ron Mills claims he was fired for failing to sign illegal coal mining permits.

Mills was a political appointee of Kentucky Governor Steve Beshear, whose official website states:

As governor, Beshear has helped restore public trust by creating a culture of integrity in state government that has included rooting out cronyism and implementing stronger ethics standards.

Click below to read the recent Lexington Herald Leader stories:
>>Trial delayed again in case that probes coal’s influence on Beshear
>>Beshear trying to settle lawsuit brought by former mine permits director


Landmark Settlement Proposed in Kentucky Water Pollution Case

Friday, October 5th, 2012 | Posted by Eric Chance | No Comments

Appalachian Voices, along with a coalition of citizens’ groups, has reached a historic agreement with International Coal Group, Inc. (ICG), and the Kentucky Energy and Environment Cabinet over years of false reporting and water pollution violations in Eastern Kentucky and a failure by the state to enforce the Clean Water Act.

We are very glad to achieve this settlement which will help clean up pollution in streams throughout the coal-impacted region, and we are proud to have worked with our partners in this important case that has already yielded changes in the coal industry and state regulatory agencies. The agreement was filed today in Franklin County Circuit Court and needs to be approved by the judge before taking effect.

Read our press release to find out more about the settlement.

In 2010, we uncovered dozens of pollution monitoring reports submitted by ICG and Frasure Creek Mining to the cabinet that were clearly false. Our analysis showed that some reports included all the same data as previous reports, but the dates had been changed. In other cases, there were multiple and contradictory reports for the same discharge point. Not only were the reports inaccurate, they were masking major pollution problems, as can be seen in the graphs below.

ICG Knott Conductivity

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Ten Years In, the Clean Smokestacks Act Continues to Benefit Us All

Saturday, September 1st, 2012 | Posted by Brian Sewell | No Comments

Right now, members of Congress are at home hearing from their constituents about the issues they most care about. In this spirit, we joined residents of North Carolina working on water issues to visit the Charlotte office Sen. Kay Hagan. It was exciting to be in the Queen City, as it gears up for the Democratic National Convention, which Appalachian Voices will participate in next week.

On the issues important to us, Senator Hagan has voted on the side of clean air and water. She opposed a Senate Joint Resolution to overturn the Mercury and Air Toxics Rule, which will greatly reduce the amount of mercury that coal-fired power plants contribute to that air, water and fish. Hagan also opposed overturning the Cross-State Air Pollution rule which unfortunately has been having some trouble in the courts.

We took advantage of the opportunity to thank her for these votes, and encouraged her to remain strong on these issues, as we suspect these attacks will continue into the new Congress. The 112th Congress has been rated as one of the most anti-environmental Congresses ever, with 31 votes to undermine Clean Water Act protections and a total of 247 anti-environmental votes since January of 2011. (more…)

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A One-Two Punch in the Fight for Clean Water

Thursday, August 23rd, 2012 | Posted by Brian Sewell | 1 Comment

It has been a week of good news in the fight for stronger protections against coal ash pollution. A court settlement in South Carolina and a major decision regarding the 2008 TVA Kingston coal ash spill make for a one-two punch against the poorly regulated toxic waste.

A federal court found that the Tennessee Valley Authority is ultimately liable for the December 2008 coal ash spill. The failed pond at TVA's Kingston Plant released more than one billion gallons of toxic coal ash and covered 300 acres.

This morning, a federal court ruled that the Tennessee Valley Authority is liable for the massive coal ash spill at its Kingston Plant in December 2008. In his written opinion, U.S. District Judge Thomas Varlan ruled that the spill resulted ultimately from TVA’s “negligent nondiscretionary conduct” — far from the unpredictable geologic event that TVA lawyers claimed was the cause during the trial.

In fact, we know more than ever just how preventable the catastrophic spill was. In the months following the event, an engineering firm hired by TVA issued a report that identified the unstable layer of soil beneath the coal ash which had gone undetected for decades as TVA continued to pile on larger amounts of the toxic waste. Subsequent reports revealed internal agency memos that contained warnings that could have prevented the spill. And in his ruling, Varlan was sure to mention that had TVA investigated and addressed the unstable pond, the spill might have been avoided.

Shorty after the coal ash pond failed, it became clear that the Kingston spill would become the worst environmental disaster of its kind in American history. TVA initially estimated that 1.7 million cubic yards burst from the pond and into the Emory and Clinch Rivers. They later had to revise that estimate to more than 5.4 million cubic yards — more than a billion gallons and 100 times larger than the 1989 Exxon Valdez oil spill. (more…)

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