CANCELED: Justice family coal company must explain to regulators why mountaintop removal mining permit should not be revoked

FOR IMMEDIATE RELEASE
August 1, 2025

CONTACT
Dan Radmacher, Media Specialist, (276) 289-1018, dan@appvoices.org

UPDATE: The West Virginia Department of Environmental Protection informed us that a “abatement agreement” has been reached with Bluestone Coal Corporation. As a result, this hearing has been canceled. We will provide more information about the agreement as soon as we can.

CHARLESTON, W.Va. — A coal company owned and operated by the family of U.S. Sen. Jim Justice, R-W.Va., will need to explain why its permit for a large mountaintop removal mining operation known as the Poca mine shouldn’t be revoked. 

The West Virginia Department of Environmental Protection has ordered Bluestone Coal Corporation to “show cause” why West Virginia Coal Surface Mining Permit S401301 should not be suspended or revoked due to multiple patterns of unabated violations. A hearing will be held on this matter at 9 a.m. on Tuesday, Aug. 5, in Room 3001, the “West Virginia Conference Room,” on the third floor of the DEP headquarters at 61 57th Street, Charleston, WV 25304. 

The Poca # 11 Contour Auger # 2 surface mine (S401301, also referred to as “the Poca mine”), is a nearly 600-acre mountaintop removal coal mining permit with 200 acres of disturbance thus far, located in Wyoming County, West Virginia. The Aug. 5 hearing will address Show Cause Order 2336 and Show Cause Order 2368. These orders resulted from Bluestone’s failure to correct multiple problems causing sediment and uncontrolled mine drainage to leave the mine and enter the Pinnacle Creek watershed, one of only two creeks in the world known to be home to the endangered Guyandotte River crayfish. 

Show Cause Order 2336 cites the following issues:

• Notice of Violation # 35 issued on June 17, 2024, for failure to construct valley fill 8 per plan and design. The center drain has sediment deposited in the ditch preventing the ditch from functioning as designed. The benches are not draining correctly, contributing to sediment in pond 8.
• Cessation Order # 42 issued Oct. 1, 2024, for failure to abate NOV #35.

Show Cause Order 2368 cites the following issues:

• Imminent Harm Cessation Order # 33 issued June 17, 2024 for exit channel at pond 8/outlet 008, erosion of the exit channel has caused off-site impact as sediment has been deposited in a tributary for Little Pinnacle Creek. Permittee failed to protect off-site areas associated with the disturbed area north of coal stockpile areas. Sediment has been deposited off-site due to erosion.
• Notice of Violation # 34 issued June 17, 2024 for company disturbed the doughnut hole, area west of outlet 35, and the area below sediment ditch 24 prior to submitting bond.
• Cessation Order # 41 issued Oct. 1, 2024 for failure to abate NOV # 34.
• Imminent Harm Cessation Order # 44 issued on Nov. 27, 2024, for disturbing area in drainage control at underground mine area fill 3, and ponds 1, 2 and 3.

The Poca mine has a long history of noncompliance, with the DEP issuing 91 violations to date — 44 of which have been issued since 2020 — for infractions ranging from failures to control dust, to water pollution events, to disturbing land outside of the bonded and permitted boundary of the mine. 

In February 2024, the West Virginia Highlands Conservancy and Appalachian Voices objected to the renewal of permit S401301 due to the company’s ongoing noncompliance and its impact on this species. In response, DEP informed Bluestone that it would need to address the concerns of the objecting groups before its permit could be renewed. Bluestone never contacted either group and continued to accrue new violations. Despite this, DEP approved the renewal of S401301 on January 22, 2025. 

Jay Justice, the son of Sen. Jim Justice, serves as president, CEO, and chairman of Bluestone Coal Corporation.