Pine Branch Coal Co. mountaintop removal mine ner the Hazard airport

Did you catch the news earlier this week? Gov. Steve Beshear wants a new state energy plan and he wants more mountaintop removal, more coal burning and possibly even nuclear energy to be part of that plan!

The same day this announcement was released the City of Louisville issued an air quality alert. And — if the day was like any other average day in Kentucky — two Kentuckians died prematurely because of complications caused by air pollution from coal-fired power plants, and another coalfield family lost their water well as a result of mining.

While much of the rest of the world works to wean ourselves from the dirtiest of all fossil fuels, our officials in Frankfort are embracing coal — including mining it in the most destructive way possible. It is hard to believe that this is what Kentuckians want. In fact, we know it’s not. We need your help in convincing Gov. Beshear that this is the wrong path for Kentucky.

Starting last night in Pike County, Gov. Beshear began a series of town hall meetings throughout Kentucky. Over the next five weeks the governor will hold a dozen more such meetings. We hope that at every stop KFTC members will be there to challenge the governor on his misguided policies, that not only include his active promotion of mountaintop removal but also:

-- the horrible budget he proposed earlier this year that included massive cuts for education, human services and environmental protection;

-- his failure to support the restoration of voting rights for former felons legislation until it was too late in the session to do any good;

-- his administration’s blocking of efforts to expand the goals of Kentucky’s economic development programs to include reducing poverty and inequality, promoting innovation and entrepreneurship, and conserving the integrity of Kentucky's natural and cultural heritage.

ACTION:

Kentuckians want and expect better. We hope all KFTC members will make an effort to attend one of the town meetings below and speak out about these and other issues that concern you.

The “Beshear About Kentucky” tour includes:

• July 21 – Somerset: Somerset High School
• July 24 – Winchester: George Rogers Clark High School
• July 28 – Ashland
• July 31 – Madisonville
• August 5 – Shepherdsville
• August 6 – Bowling Green
• August 11 – Owensboro
• August 12 – Hazard
• August 13 – Northern Kentucky
• August 18 – Henderson
• August 19 – Murray
• August 20 – Paducah

All events will begin at 6:00 p.m. local time. However, the governor’s office is not releasing the location of each gathering until a few days prior. You can call the governor’s office at 502-564-2611, check his web site and we will put it on the KFTC calendar as soon as we know.

There are other actions you can take:

1) Call the governor’s office (502-564-2611) and leave a message that more mountaintop removal and more fossil fuel dependence is wrong for Kentucky. He should oppose these practices, not embrace them.

2) Write a letter to the editor about any of these issues that most concerns you — coal, energy, budget, voting rights, accountable economic development. Help create a public conversation that will move Kentucky forward by investing in a better future for all Kentuckians.

THANKS for taking action!

From the Lexington Herald-Leader Sunday

Flight to examine effects of mining canceled

HAZARD — Two congressmen planned to tour mountaintop mining sites Saturday and speak with residents living deep in the central Appalachian coalfields, but canceled the trip after their plane wouldn't start.

U.S. representatives Ben Chandler and Norm Dicks intended to fly over dozens of mining sites in West Virginia and Eastern Kentucky in what Chandler's office described as “a fact-finding trip.”

Chandler's spokesman, Jim Creevy, said the trip was canceled because the plane's battery was dead. A main switch was left on overnight, and it would have taken three hours to recharge the battery, he said.

The congressmen were scheduled to fly from Virginia to the Wendell H. Ford Airport in Hazard.

Dozens of Appalachian residents and members of Kentuckians for the Commonwealth, a social justice group that opposes mountaintop removal, gathered at the Hazard airport prepared to share their experiences and speak to the congressmen against mining.

The trip would have been especially significant because Chandler was bringing Dicks with him.

Dicks, D-Washington, chairs the House Appropriations subcommittee that has oversight of environmental matters, giving him a great deal of clout in such issues.

His visit would have been the first time a member of Congress in such a position has traveled to Kentucky to view large-scale surface mining and meet with opponents.

Creevy said Chandler has promised to reschedule the flyover, but he did not indicate when.

“Congressman Chandler has been trying to bring this issue to attention,” said Denis Fleming, chief of staff for Chandler, a Democrat from Versailles. “He's concerned about it.”

See the complete Herald Leader Story Here.

Other reports:

"Mountaintop removal trip sabotaged?"  - The News and Tribune

"Congressional tour of mountaintop mining canceled" - Associated Press

"Broken News: Reps Dick, Chandler mysteriously grounded" - Daily Kos

KFTC and the Sierra Club have sent notice to TECO Coal Company of their intent to sue the company for creating two large valley fills without a permit.

The letter, sent on Tuesday, accuses TECO subsidiary Clintwood Elkhorn Mining of violating the Clean Water Act by dumping its mining waste into Pike County streams and allowing it to remain there. The violation is near Fishtrap Lake.

A “Section 404” permit from the U.S. Corps of Engineers is required before a company may fill a stream. Clintwood Elkhorn has applied for this permit but it has not been granted.

“Clintwood Elkhorn's filling of the streams at issue in this letter before the Corps has considered the permit application betrays a reckless disregard for the rule of law,” the letter states.

“It's a slap in the face to the community members and to the enforcement departments,” said KFTC member Rully Urias, who lives near Fishtrap Lake. “It shows their total disregard of the laws in place to protect the environment and the people. And maybe they'll get a slap on the wrist for it."

Urias and Sierra Club organizer John Cleveland visited the site on May 22 and saw two valley fills and two ponds that were not approved on any permit. A followup conversation with Corps officials in their Sassafras, Kentucky office revealed that they were aware of this violation because Clintwood Elkhorn had self-reported it, but the agency has not acted.

“You can't do two valleys fills and say I didn't know. They knew what they were doing. It's definitely not a mistake,” said Urias. “I knew they did stuff like this, I just didn't think they'd be so bold about it. How often does it happen if they have a protocol for when it does happen?”

What: You're invited to apply for an exciting travel opportunity with KFTC and Witness for Peace

Where: To the coal-mining region of Colombia, South America

When: The trip is May 24-31, 2008

How many participants: KFTC will send 2 leaders and 1 staff to join a group of 15-20 people from other parts of the U.S.

Application deadline: April 7, 2008 at 5 p.m.

Trip description

KFTC is planning to send 3 people to participate in a trip to the coal-mining region of Colombia in South America! The trip has been organized by a group called Witness For Peace. The purpose of the journey is to follow the trail of the coal that supplies power to New England, meet with human rights activists, trade unionists, members of Afro-Colombian, indigenous communities and others affected by coal production in Colombia. The group will explore how we can work in solidarity with communities and organizations in Colombia to hold corporations accountable for human rights abuses. Most of the participants in the group will be people from Massachusetts whose electricity comes from coal mined in Colombia. KFTC members have been invited to help broaden the conversation to include ways that Appalachian communities are also impacted by mining.

Colombia's coal comes from two of the largest open-pit coal mines in the world: Exxon created El Cerrejón in the 1980s. A consortium of European-based companies and La Loma owned by the Alabama-based Drummond Company now owns El Cerrejón. Both of these mines export large quantities of coal to the United States and both have been accused of serious human rights violations.

Who can apply?

KFTC encourages all interested members to apply to participate in this exciting opportunity. KFTC’s Leadership Development Committee has the difficult job of selecting two KFTC members (along with a staff person) from all those who apply. Below are the criteria they will use to prioritize and select participants:

• People who live in the coalfields
• People who are committed to non-violent social change
• People who are affected by mining and interested in the larger issues of energy, economy and democracy
• People who are active in and committed to building KFTC and the Canary Project
• People who are willing to share this experience with other audiences (including KFTC chapters, schools and congregations, etc)
• People who are interested in learning from the communities in Colombia and helping to carry their message forward
• People who have a valid passport or will get one by May 20th
• People who are older than 18
• People who are willing to help raise the funds needed to support this trip.

How do I apply and get more information about this trip?

Any KFTC member interested in being considered for this trip should contact KFTC organizer Patty Tarquino by calling 606-632-0051 or emailing her at ptarquino@earthlink.net. You must contact her no later than 5 p.m. on April 7th.

Patty can answer many of your questions about the trip. She will also have a few questions for you, including why you are interested and whether you are willing to talk with other groups about the trip when it is over.

What will this trip cost?

KFTC is working to raise about $2,500 per person to cover airfare, travel in Colombia, food, lodging, translators, guides, reading materials and other expenses related to this trip. Those who are selected to participate will be expected to help in the fundraising effort. (Possible fundraising options include sending letters to donors, holding fundraising dinners, and other creative ideas.)

Participants are required to have a valid passport to travel. It can cost between $150 and 200 to get a passport in a hurry if you do not currently have one. This is an expense that each individual is expected to pay. However, don’t let the cost keep you from applying. If necessary, KFTC may be able to help fundraise to cover this expense as well.

Water draining from an old abandoned deep mine caused a blowout and continues to put my family's lives in danger. I have I have many sleepless nights and stress because I'm afraid of more landslides will come and take our home off the hill. We also have a lot of damage to our home and garage. The agency responsible for assistance in these types of situations is ignoring the facts. It's not right." - Debbie Crawford Williams

Since 1998, Debbie Crawford Williams and her family have experienced large amounts of water and landslides on their property in Perry County causing damage to their home and garage. Williams no longer has water in her well. Williams lives on old Highway 80, a state highway with an abundance of traffic to Hazard and Leslie County. She believes there is strong evidence that the problems are due to the presence of a long-abandoned mine behind her property.

"The physical evidence of a mine blowout at the Hazard 5A mine bench area is unquestionable. The landslide is in a super-saturated condition at this time, and a massive failure of the slope above the Williams residence could occur at any time." reported Jack Spadaro, a mine safety & health and environmental specialist with 38-year career in mining who has done an independent investigation of this site.

A hearing officer for the Kentucky Environmental and Public Protection Cabinet, however, cited water samples and an absence of mining maps as reasons to deny her request to fix the problem.

"There were numerous water samples that have high levels of sulfates and conductivity, which would indicate that it's an abandoned mine problem. The majority of the water samples indicate that a mine contributed to this. They are totally ignoring their own data that indicates that this could be a mine-related problem." Spadaro said.

"When I talked with David Bradshaw [one of the AML inspectors] about when he collected samples, it was always within a day or two of rain. It raises some questions to me about how credible those results are and whether or not some of the water samples were influenced by rain. When they finally came out when it wasn't raining, the water samples had higher levels of sulfate and conductivity which inspectors stated is an indication of an abandoned mine problem," Williams noted.

One of the federal inspectors, John Chedester, wrote a report indicating that her problem was due to an abandoned mine from 1940 to 1960. However this report was apparently not filed and ignored. Despite being presented a copy of his report during a hearing, Chedester denied writing the report.

Federal mine inspector Jim Holiday stated during the administrative hearing that a thorough investigation had not been done. Holiday also testified that if he had seen test results from water samples taken on Williams' property before writing his report, he would have concluded that the problem was the result of an abandoned mine.

Officials say there's no indication of previous mining. However, potentially relevant maps were burned in a fire at the Hazard office of the Department of Mines and Minerals in the 1960s.

Residents have a map from 1965 with a mine opening that was done in the same mountain behind their home. David Bradshaw [one of the state AML inspectors] obtained the map yet never submitted this map for his official investigation. Also, Atlas Mining Superintendent Lawrence Vanover said that crews encountered evidence of an abandoned mine while working near the area in the 1980s. Furthermore, Wesley Dean Sizemore, Environmental Control Supervisor, Environmental and Public Protection Cabinet obtained information from area residents regarding underground coal mining activities in the Hazard 5A coal seam during the late 1940s. Mr. Sizemore obtained additional information indicating that subsequent mining operations in the 1970s encountered old underground mine workings in the Hazard 5A coal seam immediately in the vicinity of the mine blowout area.

Spadaro's report concludes that, "a thorough and complete geotechnical investigation, involving drilling into the abandoned underground mine workings at the Hazard 5A elevation should have been undertaken. Additional drilling and sampling in the colluvial soils upslope of the Williams residence should also have been done."

"The whole thing is very upsetting. AML's actions are putting people's lives in danger and their homes that they've worked for. I'm not only just trying to address this problem for my benefit; I'm doing this for other people who are having similar problems and not getting adequate investigations and help from the Division of Abandoned Mine Lands and other mining agencies. There are numerous people, including the Fletchums in Christoper, who are in the same boat I am, and it's not right. We are tax-paying citizens and deserve to be treated with respect and should get equal access to the programs and funding available to address the problems caused by mining," Williams concluded.

The conclusion that her situation is related to an abandoned mine was made during the Fletcher administration. The new Governor Steve Beshear could overturn this decision. Debbie is now working with Constituent Services in the Governor's Office, Lt. Governor Daniel Mongiardo, and Senator Brandon Smith, but she will have to file an appeal with the Franklin Circuit Court if the decision is not overturned by the end of this week.

This morning KFTC members Raleigh and Mary Jane Adams traveled to a Leslie County courtroom in hopes that a judge would order Whymore Coal Company to immediately halt an illegal mining operation on the couple's property. The couple had previously filed an injunction and restraining order against the company once the company broke their contract for wheelage and illegally moved equipment onto their property and started mining.

The judge overseeing the Adams case postponed hearing the case and making a ruling until next Tuesday due to a lack of time to properly hear the case. However, the judge did rule that the coal company should not mine or step back onto the Adams's property until their case is heard on Tuesday. This means that Mary Jane and Raleigh's land should be safe for the next couple of days.

   Legislation to stop the dumping of toxic mining wastes into Kentucky's headwater streams fell two votes short of passing the House Appropriations and Revenue Committee Tuesday afternoon. The "stream saver" legislation had 13 favorable votes and only 12 against but did not get the 15 needed to pass when Louisville Reps. Scott Brinkman and Bob DeWeese reneged on commitments to vote for the bill. Both abstained.

    After more than four hours of testimony last week, no new testimony was taken today. But the voted was delayed until mid-afternoon while the committee dealt with revenue bills and the budget.

    KFTC members are disappointed but were thankful for the courage of Reps. Harry Moberly and Don Pasley to bring the bill before the Appropriations and Revenue Committee. Both pledged to bring the issue up again if the Natural Resources Committee continues to fail to taken water pollution and the burying of streams seriously.

    Getting this issue a full hearing before a legislative committee is the result of a tremendous amount of work by KFTC members and allies across the state, and in itself is a great step forward. The detailed data provided by scientists as to the damage being done to the state's waterways — and the cost that all Kentuckians pay because of this — opened the eyes of many people in the room, especially since the coal industry could not refute these facts.

    In the the end, though, the power of the money, the opposition of House leadership, and the attitude by some legislators that it's OK for eastern Kentucky to be the state's sacrifice area still held sway with many legislators.

    Also a disappointment was the No vote by Rep. Larry Clark of Louisville who had expressed support for the measure in conversations with constituents but then said he thought the bill was being heard in the wrong committee.

Here's how they voted:

YES for protecting water: Reps. Royce Adams, Dwight Butler, Jesse Crenshaw, Derrick Graham, Jimmy Higdon, Jimmie Lee, Harry Moberly, Lonnie Napier, Don Pasley, Rick Rand, Charlie Siler, Arnold Simpson, Jim Wayne

NO for continued pollution: Reps. John Arnold, Larry Clark, James Comer, Keith Hall, Rick Nelson, Fred Nesler, Marie Rader, John Will Stacy, John Vincent, Tommy Turner, Robin Webb, Brent Yonts

PASS: Reps. Scott Brinkman, Bob DeWeese, Danny Ford

ABSENT: Rep. Mike Denham

One comment removed for inappropriate and immature language..

The Appalachian News-Express has taken a courageous stand in support of clean water and coal company accountability with its support for the Stream Saver Bill.

Seeing through all the misinformation spread by the industry, the Pike County newspaper explained in an March 9 editorial:

This bill would simply say coal companies, after mining, can't dump the dirt and rock left over into the nearest valley, thereby polluting local water sources and contaminating the water table.

For us at the News-Express, that's a tough thing to argue with.

We understand that coal companies say this would cost them money. But the larger coal companies post enormous profits, so we think they can afford to spend a little more money to do things the right way. If it hurts smaller coal companies, we're sorry, but it's still the right thing to do.

And honestly, can you put a price on people's safety? The residents of Eastern Kentucky have a right to clean, safe drinking water, and coal companies have an obligation to do their part to make it happen.

Read the entire editorial here.

    Raleigh and Mary Jane Adams are long-time KFTC members in Leslie County.  Over the years, they have had their share of disputes with coal companies, loggers, and oil and gas companies.  They were instrumental in the passage of the constitutional amendment outlawing the abuses of the broad form deeds, which allowed coal companies to strip your land without your permission.

    However, their current problem is with a strip mining operation by Whymore Coal Company, which is operating in Long Branch in Leslie County.  The company is attempting to take their land without their permission, has threatened them, and has also negatively impacted their neighbors.

    “We’ve gone back to the 60s.  This is how they used to treat people before the broad-form deed amendment.  We’ve dealt with a lot of coal companies, and this is the worst.  They’re act like they own everything, and they’re going to do whatever they want,” Raleigh Adams, a 77 year-old retired coal miner.

      The couple did originally have a contract with the company, but the company broke it.  As a result, the couple has repeated told them they were not allowed on their property.  Earlier this week, the company has made numerous attempts to come on their land anyway.  They have already disturbed about two acres of the property.  Yesterday, Raleigh had to take things into his own hands and block the company’s bulldozer from continuing to disturb their land.

      “Yesterday morning, my neighbor informed us that the coal company was coming on our land.  They bulldozed one of our “no trespassing” signs.  After I went up there, they worked on the other side of the branch for a while.  While I was waiting it out, I heard over the CB that they wanted to knock a tree over on me.  Later, one of the bulldozer operators came within 5 feet of me on my four-wheeler, saying that he needed to build a road.  I think he was just trying to intimidate me,” Raleigh shared.

      The state police came in and told the coal company that it would be considered murder if they ran over Raleigh.

     Yesterday was the first time they asked about the deeds.  The company served him papers for being on his own land.

      Three weeks ago the company informed the couple that they would move out if they couldn’t come up with a deal to come on their property.

      “We’ve never seen anything like this.  They will say one thing and do another.  They’ve told people that it’s been settled.  They will go ahead and mine, and they will go ahead and log.  But nothing had been settled.  They hadn’t even contacted us,” Mary Jane shared.

      When their nephews were talking with the previous owner of the operation, he told them, “I’m not going to pay him another dime; I will just bulldoze my way through.” During a different interaction with the coal operator, Raleigh wanted him to fix the hill that was sliding down the mountain. He told him, “He’d fill my driveway full of rocks and logs” if he tried to interfere with the mining operation. Another threat came from an individual who is making money off the operation.  He said that any interference that would prohibit them from getting the coal and getting paid. “I’ll beat you so bad that Mary Jane won’t recognize you.”

      Their neighbors have also had problems and unmet promises as well.  The maps used to obtain the mining permit were inaccurate.  Plus, they got access to one tract of property through the undivided property law, which allows one heir to a property to sell off rights to the land even though everyone else is opposed.  Another neighbor had been promised a well to be drilled by allowing the trucks to widen the road.  The road was widened to enable the coal trucks to drive faster past their homes, yet this resident still has no well.  The company bulldozed through trees and covered them up, which is against the law.  They have also negatively impacted the creeks.  The operator also informed workers that if they interacted with the neighbors they would be fired.

      “If anyone wants to see how they did a surface job back in the 60s and early 70s, they should just come here.  The state will come up and give them citations, but it doesn’t do any good; it hasn’t changed how they’re operating,” Mary Jane added.

      “It upsets me that they would come in here and do this.  I’ve been in similar situations before but never anything like this,” said Raleigh.

      “We’re trying to keep them off because we know what they’ll do if they get on there.  An ounce of prevention is worth a pound of cure.  You can’t put it back, but we shouldn’t have keep fighting like this,” she concluded.

One comment removed because of juvenile language and personal attack.

In the past KFTC has arranged chartered flights to show people the devastation of mountaintop removal from the air.  These flights can be difficult to arrange, and there are only a limited number seats available for these flights.  Now, however, with greater access to satellite imagery and virtual globes like Google Earth and NASA's World Wind we are able to show anyone the scale of the destruction of Appalachian mountains as if from the air and create informative maps by overlaying data, such as poverty rates, on-top of scaled maps of mountaintop removal mining sites. 

Our friends at Appalachian Voices have used these tools to create for us a virtual flyover.  This video will allow you to follow, step by step, the process of destroying a mountain.  After that, you'll see the enormous scale of this mining in Eastern KY, along with maps of biodiversity and different economic indicators. 

This is a great educational tool, and it will be included with updated versions of our slideshow on a DVD we'll be handing out to legislators when we are lobbying for the Stream Saver Bill.  So please, use these videos when talking with your friends and families about this issue, and help us spread the word about about our work in the General Assembly.

Virtual flyover of mountaintop removal sites from KFTC Staff on Vimeo.