Carolyn Brown, Perry County

The community of Montgomery Creek is located near Vicco in Perry County.  Homes are nestled in the valleys near the creek and railroad track that weaves through the community.  Over the last several years, International Coal Group's (ICG) Mountaintop Removal operation has negatively impacted the community.  ICG recently applied for and received approval of a 218-acre expansion to their permit bringing the size to 1,651 acres even though community residents objected because of proximity to people's homes and a history of ICG being a bad neighbor. Residents still experience on a daily basis excessive blasting that shakes their homes, dust, and poor drinking water.  Their streams sometimes run black from mine run-off, and they have increased problems with flooding since the mining started.  Residents also applied for an area near their homes to be declared off-limits to mining because of their homes and property being in danger.  The state declared their request for the area to be considered as frivolous and would not even go through the process of formally evaluating the merits.

Goals

• Protect the community from further damage from the existing mine.
• Get city water to those who have had their water destroyed by the mining.
• Continue the appeal of the state's decision regarding the "Unsuitable for Mining" Petition.  Highlight the fact that although residents are allowed the appeal as due process under the law, the company is allowed and has already started mining in the area in question.
  
  

Recent Actions

• After researching the permit amendment and having several community meetings, residents have interceded in the permit amendment application process and requested the proposed additions be denied.  Residents participated in a permit conference with the Kentucky Division of Mine Permits and coal company to express concerns about the current mining practices and proposed additions.  Additional concerns were submitted in writing.  Some changes have been made to the additional areas to be added including removing a section close to people's homes and a community road.  The company has also agreed not to blast when school buses are in the area and possibly traveling on the road.  Although some changes have been made to the permit amendment, residents were not satisfied with the end result.  The company has not illustrated that they are good neighbors and should be able to expand in their community concerns.

• Residents applied for some areas in the community to be declared unsuitable for mining.  There are several criteria that could cause an area to recieve this designation, including "hazard lands in which such operations could substantially endanger life and property."  The state deemed their proposal frivolous and did not evaluate the proposal.  Residents appealed the decision and will have an administrative hearing on February 27th at 10am in London at the Department of Natural Resources office regarding this decision.  Even though the State is paying lip-service to the community by granting them an   administrative hearing, ICG has been allowed to proceed in mining some of the area in question. 

• Community members have hosted a Mountain Witness Tour to raise awareness, talked with the local Rotary Club, shared their story on the radio, circulated a community petition and postcards, and contributed to the the Memorial for the Mountains website to bring public attention to their issue.