Posts Tagged ‘Kentucky’

A Family’s Troubled Water

Tuesday, October 14th, 2014 - posted by Barbara Musumarra
Ginger Halbert, photo by Molly Moore

In her dining room, Ginger Halbert discusses the state reports on the investigation into her property damage and water contamination. Photo by Molly Moore.

After mountaintop removal coal mining began near their eastern Kentucky home, the Halberts saw their water quality and quality of life plummet. Three years later, they continue to seek answers.

By Molly Moore

Ginger and Mark Halbert have a knack for fermentation, and their flavorful pickled corn is so popular among friends and family that the couple crafted a plan in 2011 to bring their recipe to local and regional stores. They certified the recipe, and started the process of transforming Mark’s mechanical shop, which is attached to their home, into a commercial kitchen that could produce nourishing, locally grown goods prepared on-site with their mountain spring water.

The Halberts dreamed that their business might expand to nearby states and include items such as pickled green tomatoes and sauerkraut, and Mark started plans for a vineyard on the slope beside their home. In the fall of 2011 they arranged for a plumber to finish preparing for the commercial kitchen, but had to stop the project before it was complete. Everything was put on hold when the water and land that the Halberts’ vision relied on began to fall apart.

A Life Disrupted

Perched on a flat bench along an otherwise steep slope, the west side of the house faces toward the forested ridge and the second-story entrance and deck are parallel to the steep mountainside. That fall, the ground around the home began to shift, sometimes in sudden, violent movements that shook and cracked the walls.

After one intense shake, Ginger ran downstairs to check on Mark in the shop below and found the door jammed shut. She frantically tried to open it, praying that no heavy equipment had fallen on her husband. Thankfully, he was unharmed.

Following heavy rains, the shop began to flood. Standing water filled the floor, which signaled the start of a mold problem that worsened when the pipes corroded that spring and water seeped beneath the rugs.

Putting their plans on hold because of the property damage was “a bitter pill to swallow,” Ginger says, but as time progressed the family faced more pressing concerns. In the spring of 2012, their water developed a strange taste. At first Ginger thought the change might be due to snowmelt and would pass along with the winter’s built-up grime, but by May the taste worsened and the plants that she watered began to wither.

That spring, Mark and their children began experiencing a nagging pain in their legs, a sensation that Ginger felt in her arms and elbows. Over the next year, the pain escalated — her children said it felt as if their legs were pulling away from their bodies. Ginger started washing the dishes in the sink because the water had destroyed the dishwasher, but her arms broke out in rashes afterward.

Mark’s leg began to hurt so intensely that the former Marine had trouble walking. At the V.A. Hospital, the doctors looked for a blood clot and other indications of trouble but couldn’t find anything wrong, though one healthcare worker said it sounded like the cause could be metals in his muscles. Mark then went to a chiropractor who came to the same conclusion. The family already knew that their water quality was in decline when their health symptoms began in 2012. At that time, they used their tap water for showering and cleaning but hauled bottled water to the upstairs residence for drinking. When the Halberts discovered the extent of the water contamination in the spring of 2014, they installed a 300-gallon rainwater cistern to supply water for washing dishes and bathing — and their symptoms disappeared.

“I took it for granted that water was going to be there forever, and I think by nature it should have been,” Ginger says.

The onset of their troubles coincided with the opening of a new mountaintop removal coal mine near their home, and Ginger believes the surface mining operation is responsible for the ruined water. But proving a connection between a new mining operation and contaminated water in a region riddled with decades of mining infrastructure is a task for only the most dogged and determined. Ginger Halbert is both.

Practicing Perseverance

The Halbert property has always been intimate with coal — two coal seams crop out of the mountainside behind their home, and one runs beneath. Their spring discharges from one of the abandoned coal seams. The last underground mining on these seams ended in 1959, and in the 1990s the owners of the legacy mines met the legal requirements for reclamation and had their bonds returned, freeing them from legal or financial responsibility for any future troubles. In the ‘90s and the early 2000s, the Halberts called the federal Office of Surface Mining Reclamation and Enforcement asking for assistance with rockslides and gushing water, but until 2012, their drinking water always tasted good.

In 2011, When the Halberts received notice that FCDC Coal, Inc. was opening a surface mine on the adjacent hollow, they were offered a pre-blasting survey that measured existing water quality. The survey showed a pH level of 6.8, which is within the healthy drinking water parameters of 6.5 to 8.5. In November 2012 — after blasting began — staff from the Kentucky Department for Natural Resources and the Division of Mine Reclamation & Enforcement inspected the spring in response to a water quality complaint from the Halberts. Their test results showed a pH of 4.

While the Halberts waited for more information from the state agency, they spoke with an employee of FCDC Coal who said the company could assess the water and discuss possible solutions if it was indeed impaired. After the company also found dangerously low pH, Ginger called to ask whether the company would either connect them to city water or provide filters. This time her contact denied that FCDC Coal could be responsible. “‘You take what we give you or we’ll make sure you have no water,’ thats the way he put it,” Ginger recalls, bristling at the memory.

Mark picked up the phone next, this time dialing the state DMRE. The original inspector was unavailable, so Mark began describing the coal company’s response to her supervisor, Eric Allen. He told Mark that the state inspector had concluded the new surface mine was too far away and could not have impacted the water, so DMRE had stopped the investigation.

“We never received a letter, never received nothing from them, and they stopped investigating,” Ginger says in disbelief.

After Mark countered that the family wouldn’t have been asked to participate in a pre-blast survey if their home was too far away to be impacted, Allen agreed to reopen the investigation.

Over the next year, DMRE hydrologists visited the property and surrounding area, sampling water at the home, on the mine permit, and at nearby drainages. When the agency issued its report in February 2014, some facts were clear: water quality at the Halbert home had declined substantially and was impacted by mining, and the change coincided with the start of the new FCDC Coal surface mine.

But when it came to assigning responsibility for the damage the report concluded that there wasn’t enough evidence to assign blame to a particular mine. “The volume of water in the underground mine works that supply the Halbert’s spring is far too large to be directly affected [by] the FCDC disturbance,” the report stated. “It is far more likely that conditions within the underground mines changed in some way, causing more acidic water to be produced.”

Ginger was dismayed with the state’s inconclusive findings and pored over the report, putting together a list of questions: Could the blasting at the FCDC site have impacted the fragile underground mines, causing a cave-in or other problem that ruined their water? Why didn’t a blasting inspector accompany the hydrologist or respond to their concerns in a timely manner? In March, she and Mark compiled more than a dozen such questions in a formal request for an administrative review of the February 2014 report.

“You would not believe what I went through just to find out what I could do,” she says of the process. “I did so much research I felt like I took three years of college in a week.”

Driven by her and her family’s escalating pain, she also called the U.S. Environmental Protection Agency’s Atlanta regional office. The representative she spoke with said he would ensure that someone from the state Division of Water assessed her water, and in March 2014 the inspector arrived. The test results were sobering.

Before the Halberts learned that their water contained 14 ug/l of total beryllium compared to an EPA drinking water standard of 4 ug/l, they were unfamiliar with the metal. Now they know that it is a cancer-causing agent also linked to respiratory ailments, skin rashes and a chronic disease called berylliosis, which damages the heart and lungs. People are typically exposed to airborne beryllium through industrial work, not drinking water, but the agency theorized that the water’s high acidity might be allowing the metal to leach from the coal-bearing rocks.

The agency report also showed a pH reading of 3.33, a level considered unsafe for human use, and a conductivity reading of 2200 that indicated a high presence of minerals. Among the minerals violating drinking water standards were iron, manganese, aluminum and sulfate.

“It’s stopped all of our lives,” Ginger says. “We can’t enjoy the little things people always take for granted.” The family no longer accepts overnight visitors. Their oldest son is serving with the Air Force in South Korea, and to Ginger’s great delight he used to bring fellow servicemembers home for visits. But Ginger no longer welcomes these visitors to the house — she doesn’t want to put him and his friends at risk.

Pausing to look out of her second-story hillside window at the small houses scattered throughout the hollow, Ginger’s eyes well up with tears. She gestures to the homes, telling the stories of eight neighbors who have battled cancer in the past five years, and describing going to the small town grocery store and seeing multiple shoppers with cancer. Ginger jokes that she will go down fighting, but she is still concerned, and provides her family with detoxifying foods and supplements.

Worth Fighting For

In August 2014, Ginger received a report from a DMRE geologist who responded to the Halberts’ list of questions by reviewing the other inspectors’ work. The geologist reached the same conclusion as her colleagues, reporting that there was insufficient evidence to link the recent FCDC mining to the family’s ruined spring and expressing the opinion that the Halbert troubles stemmed from the older mines nearby.

Ginger says she isn’t satisfied with the answers, and still wonders whether the blasting impacted the abandoned mines nearby, setting off changes that contaminated their formerly reliable spring. Now represented by Jeffrey R. Morgan and Associates in Hazard, Ky., the Halberts are continuing to appeal the state’s findings in the hopes that a court might decide a more thorough investigation into the Halbert’s problems is warranted.

The Halberts are also in the discovery phase of a lawsuit against FCDC Coal to receive compensation for the damage done to their property — compensation that might allow the family to find a new home and return to their dream of processing fresh, fermented vegetables with healthy mountain water.

For now, the weeds are tall in the Halbert backyard, where a triangular stretch of flat land is flanked by the family’s spring, the home and a shifting, quickly eroding drop-off. There are no longer any deck chairs out here to take advantage of the rural valley views — ironweed and other plants grow unchecked to help catch any beryllium-laced water or dust that might blow towards the home.

It upsets Ginger that her eleven-year-old son must stay away from the yard his older siblings used to play in, and that a few miles downstream children might be playing in a creek fed by her toxic spring. She reflects that her oldest son, who is overseas in the military, might be safer than her two at home.

“We’re never promised of getting any help if we sit back and do nothing,” she says. “I was raised that you have a duty to be an American, and it does take work when you are an American to keep your rights and your laws going. And if you stop, and everybody stops, then who gets control?”


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Learn more about mountaintop removal coal mining.
Ask the Obama Administration to stop mountaintop removal coal mining.

Kentucky Sees Growth in Bald Eagle Population

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Barbara Musumarra

Bald eagles are navigating a continued recovery in Kentucky. Reports made this August by the Kentucky Department of Fish and Wildlife observed 131 nests, a promising increase from the 42 nests found in 2005 and the single nest found in 1986.

In eastern Kentucky, reservoir construction has added necessary food sources for the raptors, which have historically preferred western Kentucky. Two nests were found in Daniel Boone National Forest.

Only 30 percent of hatchlings typically survive their first year because they must learn to independently fly and hunt. Climate change and the destruction of their natural habitat by man also threaten these birds across the country.

Despite these continuing challenges, in 2007 the eagle’s successful rebound was celebrated with their removal from the federal endangered species list. The 1970s ban on DDT pesticides and subsequent eagle reintroduction programs have significantly improved the bird’s population health. Tennessee has also seen successful nesting rates.

A First-Hand Look at Emerging Opportunities in Eastern Kentucky

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Kimber Ray

When eastern Kentucky residents shared their regional vision at Appalachia’s Bright Future Conference this September, they could point to real examples. The main highlight of the conference, which attracted more than 100 people from across Appalachia, was a collection of 20 tours of local businesses, farms, music and art venues, tourist attractions, and community cooperatives.

This was the second Bright Future Conference presented by Kentuckians for the Commonwealth, a grassroots organization focused on economic and environmental justice. The three-day event showcased economic transition in Kentucky’s Harlan and Letcher counties.

Several tours focused on how to re-envision coal mining as a historic heritage attraction, with destinations such as The Kentucky Coal Mine Museum and an underground tour of coal mine Portal 31. Also featured among the tours was the recently developed Benham Energy Project to promote community-wide energy efficiency.

As Appalachian communities face the challenge of transitioning from a largely coal-dependent economy, such conversations are spreading.

On the state level, a similar conference hosted by Kentucky Gov. Steve Beshear and U.S. Rep. Hal Rogers (Ky.-D) is the Shaping Our Appalachian Region initiative, which aims to advance health, education and economic opportunity in eastern Kentucky.

Unique to the SOAR initiative are themed listening sessions conducted across the region to gather citizen feedback. Following the Dec. 2013 SOAR Summit kickoff, opinions on the initiative were mixed, with some residents and organizations expressing concern that elected officials failed to acknowledge citizen feedback, and others embracing it as a way to engage with a diverse set of ideas.

Visit soar-ky.org to learn about the November 2014 SOAR summit. To learn more about Appalachia’s Bright Future, visit kftc.org

Employees of DEP-certified lab conspired to violate Clean Water Act

Thursday, October 9th, 2014 - posted by brian
An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act.

An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act. Photo from Flickr.

We learned some unsettling news from West Virginia yesterday afternoon. The Charleston Gazette reports that an employee of a state-certified company pleaded guilty to conspiracy to violate the Clean Water Act after he faked compliant water quality samples for coal companies between 2008 and 2013.

John W. Shelton, who worked as a technician and then a field supervisor for Appalachian Labs Inc., a Beckley, W.Va., firm, admitted to diluting water samples taken from mine pollution discharge points with clean water, among other unlawful measures taken, to ensure pollution levels were in compliance with permitted limits. Prosecutors say Appalachian Labs conducts water sampling at more than 100 mine sites in West Virginia, but for now it’s unclear what mine sites or coal companies could be implicated in the case.

As Ken Ward Jr. points out in The Gazette, this crime is a serious cause for concern, since state and federal agencies rely heavily on self-reported data to determine if coal companies are obeying the law. But honestly, while we’re appalled, it is hard to be surprised by this latest discovery. We have some experience with misreporting of water monitoring data that has taken place in Central Appalachia in recent years.

The way this story is coming together suggests a frightening collusion between employees at a lab that maintained certification from DEP. We know from the plea agreement that Shelton did not act alone. Check out the section titled “The Conspiracy to Violate the Clean Water Act” that begins on page 4. But the truly damning language comes in the following section, which states the “objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act … and to thus encourage and maintain for Appalachian the patronage of [its] customers.”

Shelton faces up to five years of imprisonment and a fine of up to $250,000. The investigation into Appalachian Labs, however, is ongoing and is being handled by U.S. Attorney Booth Goodwin, the FBI and the U.S. Environmental Protection Agency.

Following is a statement from Appalachian Voices’ Central Appalachian Campaign Coordinator Erin Savage:

The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia.

False reporting of water quality data from mines in Central Appalachia is not unheard of. In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation.

No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law.

Updated Oct. 21: Under oath in federal court, Shelton told a judge that coal companies “put a lot of pressure” on labs to get good water data. Read more in The Charleston Gazette.

Mountaintop removal is the 800-pound gorilla at the SOAR Health Impact Series

Thursday, August 14th, 2014 - posted by Erin

If the SOAR initiative is to go beyond political rhetoric, Rep. Hal Rogers and Gov. Steve Beshear must take public concerns about mountaintop removal’s health impacts seriously.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

I attended the first Shaping Our Appalachian Region (SOAR) Summit held in Pikeville, Ky., last December. Following Kentuckians For The Commonwealth’s Appalachia’s Bright Future economic development meeting, I was excited at the prospects such a large summit might generate.

As a joint effort between U.S. Representative Hal Rogers (R-Ky.) and Kentucky’s Democratic Governor Steve Beshear, it was clear that SOAR had the power to make real change in eastern Kentucky, but only if those involved had the will.

The results of SOAR following the summit have been mixed so far. Several people have pointed out issues with the process — specifically, the stakeholders most involved in SOAR may not accurately represent the needs and concerns of eastern Kentuckians. Since the summit, my hope for the outcomes of SOAR have waned. But when I learned that the director of the Centers for Disease Control and Prevention (CDC), Dr. Tom Frieden, would be visiting eastern Kentucky as part of the SOAR Health Impact Series, I saw an opportunity for the voices of residents from coal-impacted communities in eastern Kentucky counties to be heard.

Making a Clear Case on Mountaintop Removal and Health

Over the past several years, more than 20 peer-reviewed studies have been published linking a range of health problems including above-average cancer and birth defect rates to the presence of mountaintop removal coal mining. Yet just last month, the Obama administration pulled funding from the U.S. Geological Survey for research underway on air pollution from mountaintop removal and its link to respiratory issues. The need for a serious effort to identify and address health issues related to mountaintop removal in Central Appalachia has never been more clear. Despite this, I was not optimistic that Dr. Frieden and Rep. Rogers would address this need during their visit.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Prior to the CDC visit, the SOAR health committee held 11 listening sessions across eastern Kentucky from April through July. Each of the sessions drew an average of more than 20 participants. Although SOAR has thus far limited the role of key community members in leadership positions, the health committee has provided a forum for some community involvement.

The CDC meetings consisted of four sessions — two shorter evening sessions in Somerset and Paintsville, and two longer daytime sessions in Hazard and Morehead. I attended the daytime session in Hazard last Tuesday, where there was standing room only. Several individuals spoke, including Rep. Rogers and several doctors from eastern Kentucky.

As the morning went on, I began to lose hope that environmental concerns would be brought up. Then, Dr. Nikki Stone, the health committee chair and event moderator, spoke about the issues that came up during the listening sessions. She began listing the top 10 concerns that had come up throughout the listening sessions, and much to my surprise, environmental impacts, including air and water pollution from mountaintop removal mines, was the top concern resulting from the listening sessions, tied with a desire for coordinate health programs in public schools.

To be honest, I was stunned. I was so sure that the topic would be avoided at a meeting that attracted so much attention. Suddenly, I was hopeful that the health impacts of mountaintop removal would receive some real attention from those that have the power to address the issue.

Unfortunately, the rest of the meeting quickly turned back to lengthy speeches about taking personal responsibility for one’s own health and an announcement of federal funding for the Appalachian Cancer Patient Navigation Project. The talks left me with the distinct impression that those speaking would rather focus on dealing with the prevalence of disease, rather than preventing it.

The Health Impact Series did not improve later that evening in Paintsville. The closest mention of environmental impacts on health came from Rep. Rogers, who referred to dirty streams but then went on to blame water quality degradation on people dumping and straight piping waste into streams. It seemed once again that it was easier to blame eastern Kentuckians, rather than the industry they have been beholden to for generations.

The Opportunity Ahead

There was a strong press presence at both meetings, which may have salvaged some chance of addressing the impacts of mountaintop removal. According to the Lexington Herald-Leader, when “asked whether he would support having the CDC study the public health effects of mountaintop mining in Central Appalachia, Frieden said the agency ‘only goes where it’s invited.’” Following the disappointing Paintsville meeting, I felt like I had one last opportunity to make the most of the meetings and approached Dr. Frieden fully expecting to be turned away. Instead, he listened carefully for a moment and then directed me to his assistant. I spoke with several CDC employees and was disappointed to find that they were unaware of the multitude of health studies linking health problems to mountaintop removal. They did, however, encourage me to contact them directly for follow up on the issue.

Moving forward, Appalachian Voices and our allies intend to follow up with the CDC, to be sure that they are fully aware of the current research that indicates quite clearly that one of the major health issues we should be concerned about in Central Appalachia is mountaintop removal coal mining. We will be sure that the CDC knows that, at least when it comes to the citizens of eastern Kentucky, the CDC is invited to investigate this pressing issue. We will also be sure that the SOAR Health Committee acts upon its finding that citizens are most concerned about environmental impacts on health, because, as the Herald-Leader stated, “when a congressman and governor invite people to ‘listening sessions,’ there’s an obligation to take what they say seriously.”

Endangered Species are New Focus in Legal Case against Kentucky’s Water Quality Protections and EPA

Wednesday, August 13th, 2014 - posted by eric

Contact
Appalachian Voices: Eric Chance, 828-262-1500, eric@appvoices.org
Kentuckians For The Commonwealth: Suzanne Tallichet, 606-776-7970, stallichet1156@aol.com
Center for Biological Diversity: Tierra Curry, 971-717-6402, tcurry@biologicaldiversity.org
Sierra Club: Adam Beitman, (202) 675-2385, adam.beitman@gmail.com
Defenders of Wildlife: Melanie Gade, (202) 772-0288, mgade@defenders.org
Kentucky Waterways Alliance: Tim Joice, (502) 589-8008, Tim@kwalliance.org

LOUISVILLE, Ky. –
A coalition of national and Appalachian conservation groups today asked the U.S. District Court for the Western District of Kentucky to compel the Environmental Protection Agency (EPA) to protect imperiled wildlife in Kentucky. The groups want the EPA to reassess the dangers posed to wildlife by a new set of water quality standards covering Kentucky’s coal mining and agricultural operations.

In November 2013, the EPA approved the weakening of Kentucky’s water quality standards for selenium, a pollutant commonly released by mountaintop removal coal mines. The EPA also approved Kentucky’s weakened standards for nutrient pollution from agricultural runoff, which causes toxic algae blooms in local bodies of water and depletes the oxygen needed to support most aquatic life. A coalition of conservation groups, including Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Waterways Alliance and Sierra Club, immediately filed suit, asserting that the EPA’s new guidelines are insufficient to protect waterways and wildlife under the Clean Water Act.

Today, two national wildlife conservation groups, Defenders of Wildlife and Center for Biological Diversity, joined the case. The groups assert that, in addition to violating the Clean Water Act, the EPA’s approval of Kentucky’s weakened water quality standards also violates the Endangered Species Act. Under that law, the EPA is required to consult with the U.S. Fish and Wildlife Service to assess the impacts of changed standards on federally listed species. The groups allege that the EPA violated the Endangered Species Act by initiating, but failing to complete, that consultation process.

The groups issued the following statements:

Jane Davenport, senior staff attorney with Defenders of Wildlife:
“Coal mining has devastating impacts on water-dependent wildlife. The new, weaker water quality standards were originally proposed by the coal mining lobby so it’s unfortunate to see the Environmental Protection Agency essentially rubber stamp them without even checking to see how imperiled wildlife would be affected. Implementation of these new standards needs to be put on hold until the EPA fulfills all of its obligations under the Endangered Species Act and Clean Water Act.”

Eric Chance, water quality specialist with Appalachian Voices:
“This weakened selenium standard is basically a handout to the coal industry at the expense of the people and streams of Kentucky. The EPA and state are just making it easier for polluters to get away with poisoning streams. This is a misguided rule at odds with well-established science, existing laws and common sense.”

Tierra Curry, senior scientist at the Center for Biological Diversity and a native of Knott County:
“Kentucky is home to more kinds of freshwater animals than nearly any other state. Keeping the water safe for them will also help protect healthy water quality for people.”

Alice Howell of Sierra Club’s Cumberland (Kentucky) Chapter:
“Mountaintop removal coal mining threatens our health and our environment, including our most vulnerable species. The EPA has acted irresponsibly by approving Kentucky’s dangerously weak standards. It’s time for the courts to intervene and uphold the strong protections required under the Clean Water Act and Endangered Species Act.”

Suzanne Tallichet, state chair of Kentuckians For The Commonwealth:
“KFTC members are concerned with the health and well-being of all species. We all share the planet, so when one species is being harmed, we are all at risk – including people. Kentucky state officials and the EPA should help us strengthen – rather than diminish – our natural resources. Many Kentuckians are working hard to build a brighter future for coal-impacted communities. But that bright future depends on having healthy streams that are necessary for wildlife, tourism, communities, and businesses to thrive. Appalachia’s bright future can’t be built on polluted waterways that are doing damage to fish and wildlife, not to mention local communities. Kentucky deserves better than these weakened water quality standards.”

Judy Petersen, executive director of Kentucky waterways Alliance:
“The selenium pollution allowed under these new rules could impact birds and other wildlife dependent on the bugs and small fish in our waterways. And we’ve already seen the impacts of too many nutrients in our waters. Taylorsville and Barren River Lakes have levels of harmful algae that put them in the moderate health risk for recreational exposure. People can get sick and even dogs and pets could die after swimming in these lakes. We must do a better job protecting our waterways from pollution, and not look to weaken protections.”

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Head in Clouds, Feet on Trail: Kentucky’s Cloudsplitter 100

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

Come Oct. 4-5, folks from all over the United States and the world will be arriving in Pine Mountain, Ky. for the state’s first 100-mile race.

The Cloudsplitter 100 is endorsed by USA Track & Field as an official mountain, ultra and trail-running championship. There will be accompanying races of 25, 50 and 100 kilometers as well as food, music, games and storytelling.

Cutting through Pike and Letcher counties, the race route follows the Pine Mountain Scenic Trail, “one of the most physically demanding trails in the East,” and highlights the area’s rugged beauty and nearly untouched landscape as a promising possibility for Kentuckian ecotourism. Visit: cloudsplitter100.com

Quarry Opposition in Ky.

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

Citizens in Powell County, Ky., are not taking kindly to the threat of a new rock quarry atop Furnace Mountain courtesy of Red River Materials.

More than 150 people discussed their questions and concerns at a public forum in April, but many left unsatisfied. They responded by creating a petition to stop the permit.

The Kentucky Division of Mine Reclamation and Enforcement processed the permit application and returned it to Red River for further hydrologic, geologic and cave and species mapping investigation, according to Mark Tarter, an agency official.

To read citizens’ concerns, visit their petition at Change.org or their Facebook group, Save Furnace Mountain.

Ky. Proposes Updates to Coal General Permit

Sunday, August 10th, 2014 - posted by Amber Ellis

By Brian Sewell

New permitting rules could have far-reaching implications for Kentucky coal mines, processing facilities and the streams that carry away their waste. The state’s “general permit,” which is updated every five years, is available to coal companies seeking pollution discharge permits judged to have a lesser environmental impact than larger operations.

Currently, pollution discharges within five miles of a public water intake are not eligible for the general permit, but the new proposal would change that and instead ask coal companies to create response plans for “catastrophic releases” into public water supplies.

The U.S. Environmental Protection Agency must also sign off on the changes. The previous general permit expired on July 31.

Expecting Justice: The backward priorities of a billionaire coal baron

Thursday, August 7th, 2014 - posted by brian

If spending $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is paying your debts.

One of these things is not like the other, but they're all owned by Jim Justice. Premium Coal's Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier's new training complex. Photos from tnleaf.org and Facebook.

One of these things is not like the other, but they’re all owned by Jim Justice. Premium Coal’s Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier’s new training complex. Photos from tnleaf.org and Facebook.

On July 25, as opponents of mountaintop removal celebrated an order that halted three companies’ surface mining operations in Tennessee, New Orleans Saints fans flocked to the Greenbrier Resort in White Sulphur Springs, W.Va., where the NFL football team began training camp at a brand new $30 million facility.

At the center of both stories is Jim Justice, a billionaire West Virginia native who in recent years cut his coal losses by investing heavily in resort properties like the Greenbrier.

The Sierra Club and Statewide Organizing for Community eMpowerment shared the news that the federal Office of Surface Mining Reclamation and Enforcement issued 39 cessation orders against National Coal, Premium Coal and S&H Mining, each owned by Justice, for failing to report water monitoring data and meet mine reclamation requirements.

In fact, coal mines owned by Justice in Alabama, Kentucky, Tennessee, Virginia and West Virginia have racked up more than 250 violations, with unpaid penalties of about $2 million.

“I guess I just screwed up,” Justice said to the Roanoke Times in July about his subsidiaries’ transgressions. “I mean, we’re not a public company … The majority of this is all paperwork, and I’m cleaning it up.”

Purchased Power

Justice is worth somewhere in the neighborhood of $1.6 billion. Forbes magazine puts him at number 292 on a list of wealthiest Americans and estimates that his personal wealth has grown by $500 million in the last year.

In some circles, he is revered for rescuing West Virginia’s historic Greenbrier Resort from bankruptcy in 2009. And even as violations against Justice-owned operations pile up, West Virginia’s lone billionaire is helping his state through troubled times.

“Sure, some have raised questions about some of Justice’s companies’ practices, late payments, regulatory fines and the like,” a July editorial in the Charleston Daily Mail postured in guarded praise. “Yet, while many talk of diversifying the state’s economy in the face of market and regulatory setbacks for the coal industry, Jim Justice and company are doing something about it.”

Photo from the Justice to Justice campaign's Facebook page.

Photo from the Justice to Justice campaign’s Facebook page.

Some folks in Kentucky feel differently, and understandably so — nearly half of the 266 violations Justice faces resulted from problems at mines in that state’s eastern counties.

Along with violations for failing to pay fines or breaking promises after previous enforcement actions, the charges in Kentucky stem from companies failing to submit water monitoring reports and failing to meet reclamation requirements. The problem has gotten so bad that some states are considering bond forfeiture, a last resort that could push the costs of proper reclamation off on the communities Justice’s companies have already put in harm’s way.

It’s not the first time his companies’ poor regulatory records have hurt their ability to do business. Outstanding violations in Virginia led to a massive victory for opponents of mountaintop removal last year when the Department of Mines, Minerals and Energy denied a permit for Justice’s A&G Coal Corp. to strip-mine Ison Rock Ridge in Wise County.

But the recent cessation order in Tennessee represents the largest action to date taken against Justice’s companies. Unlike all the other states where his operations face violations and fines, Tennessee’s mining regulatory program is handled by the federal government.

Before the cessation orders were issued, the federal Office of Surface Mining held public hearings in Anderson County, Tenn., to address Premium Coal’s failure to meet reclamation requirements at two mine sites. Premium Coal requested the orders be dropped because the crew they hired had planted trees upside down with the roots sticking up.

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.org

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.com.

“You’d think a coal billionaire could hire firms that can plant a tree the right way around. Sadly, Premium Coal’s reasoning for not meeting permit requirements was simply that,” said Sierra Club Organizer Bonnie Swinford in a press release. “Justice and his firms have a legal responsibility to ensure adequate reclamation of strip-mined land in our state — and upside-down trees don’t cut it.”

Add it all up, and it’s no wonder the Southwest Virgnia-based Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to call on the mogul to use his power to diversify Appalachia’s economy and put an end to mountaintop removal. In early July, SAMS members marched outside the Greenbrier and the towns of White Sulphur Springs and Lewisburg, W.Va., holding signs with messages such as “You got rich, we got sick,” “Employ local people in reclamation,” and “Hey Jim Justice, be a good neighbor to ALL of Appalachia.”

According to the Justice to Justice website, many tourists and even local residents had no idea that the Greenbrier patriarch’s fortune had been built in part “on the backs of blasted mountains and abandoned communities.”

Courting the Saints

Sadly, media coverage of Justice’s latest major investment has obscured everything mentioned so far in this post. A USA Today story about the new facility built for the New Orleans Saints praised a genial, sports-loving Justice, calling him a “refreshingly grounded billionaire.” Justice was proud to share the amount he spent to see the Saints come to the Greenbrier.

“This is on me — I spent $30 million of my own money,” Justice told USA Today. “The Saints are paying for their rooms and their meals. Basically, that’s it. The Saints didn’t put money in this deal.”

The facility, which has variously been described as “posh,” “lavish,” and “state-of-the-art,” was built in about 100 days. You can watch the video at right from the Charleston Daily Mail’s YouTube account for a look inside.

“It’s unbelievable when you think about it,” Justice told reporters gathered in the locker room. “This is, gosh, I’m trying to think, a little over 90 days in the doing, and with a whole lot of earth-moving, it had to be done before that.”

Yes, it is unbelievable, and exceedingly hard to not just conclude that Justice sees himself as being above the law. If dropping $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is abiding by surface mining laws and properly reclaiming mines — trees planted root-side down and all.

Justice says the demands of his critics, who he calls “anti-mining activists,” are unrealistic. But considering the circumstances, a regional movement calling on his companies to clean up their mess, pay off their debts and stop poisoning water is not only realistic, it’s unavoidable. Justice practically created it. To do right by Appalachia, he should meet those demands and then some. And he could start by responding to the open letter and request for a meeting the Justice to Justice campaign sent him months ago.

Back at the Greenbrier, likely in a dining room every bit as lavish as the new sports complex, Saints’ Coach Sean Payton and Justice had dinner together the night before training camp started. At one point, according to USA Today, Payton told Justice, “You exceeded expectations.”

Given the same chance, someone from Central Appalachia expecting justice — whether an out-of-work miner, a contractor waiting to be paid, a fed up environmental regulator or a mother concerned about the poorly reclaimed mine looming over her community — might all say the opposite: “Not even close.”

Appalachian Voices, Kentuckians for the Commonwealth, Statewide Organizing for Community eMpowerment and Coal River Mountain Watch recently signed on to Justice to Justice campaign. Learn more here and by liking the campaign’s Facebook page.