Citizens assert their stories, King Coal can't handle the truth

by Patricia Fenney

Charleston, WV Aug. 24, 2005-Friends of the Mountains held a press conference before the "scoping meeting" with the federal Office of Surface Mining Reclamation and Enforcement (OSMRE) Wednesday.

In the press conference Bo Webb, Joan Linville, Maria Gunnoe stated their opposition to the proposed rule changes and their dissatisfaction of the proposed format for the meeting.

"The law is clear," stated each of the speakers at the press conference. All suggested that OSMRE enforce the existing rule, instead of weakening the regulation, which is the current proposal. The SBZ states that mining cannot occur within 100 feet of streams, but coal companies often obtain waivers to the rule, which allow them to mine through streams and dump in headwaters, as when valley fills are made.

OSMRE invited coal industry representatives and concerned citizens to have a discussion about OSMRE's proposed rule changes to the stream buffer zone rule (SBZ). The meeting was held the same week as meetings in Tennessee, Kentucky and Pennsylvania, after citizens across the region, supported by requests from Mountain Justice Summer participants, wrote letters to OSMRE, requesting a hearing to voice their concerns about the SBZ and what OSMRE should study for the Environmental Impact Statement (EIS). The EIS is required before a regulation is officially changed.

At 6 p.m., about 30 citizens filed into the large banquet hall where OSMRE officials and coal industry representatives were waiting. David Hartos, the Appalachian official with the OSMRE gave an introduction. Bill Price interjected, voicing the concerns of the citizens about the format of the meeting. The meeting was planned to split everyone up in small groups and have notes taken on flip charts at each table. As planned, the meeting would have no transcript, or official record.

Price demanded an open forum in which citizens could voice their concerns about the rule change and their suggestions for the scope of the EIS.

"And the people of the coal fields are use to you not being prepared, so we have our own recorder," said Price. After a show of hands of who wanted the open format, Hartos agreed to accept the recording of the meeting as transcript.

Chris Hamilton of the National Coal Association stood up to express his "disappointment with the change in format," stating that he had been looking forward to a dialogue with coal field residents and that he hoped OSMRE would schedule another meeting with the original format of small group discussions. Julia Bonds stood and extended an open invitation to Hamilton to come to the table and have a discussion anytime he would like. "Welcome to the world of disappointment," Bo Webb later responded to Hamilton, "I feel your pain."

Coal field residents shared stories of the terror they have experienced in their own homes due to the flooding and blasting. Some mentioned attending the funerals of friends and neighbors who have died due to the effects of irresponsible mining practices. Many resented the request by OSMRE to remain unemotional about an issue that has limited their quality of life for years.

"Studies? Emotions?! You're spending the money on these studies that you should be giving to the coal fields of Appalachia," said Larry Gibson in one of the opening testimonies of the hearing.

Bob Gates read a quote from Judge Haden's report: "under a valley fill the water quality of the stream becomes zero. Because there is no stream, there is no water quality."

With humor and sarcasm, Mary Wildfire of the West Virginia Environmental Coalition said, "All the stream buffer zone rule has ever needed is enforcement… I'll be amazed as hell if you don't go through with the change."

Some gave more technical suggestions, while others spoke of the hope and opportunity OSMRE has to be a part of a positive change in society and the movement to end mountaintop removal. All spoke with sincerity and concern for the people of the coal fields. Citizens called for government enforcement on the existing SBZ. Many suggested elements to be studied by the EIS that included the impact of covering streams on the future economy and on the health of the human communities.

Attendees who wanted to speak wrote their names on index cards at the beginning of the meeting. The cards were shuffled and speakers called at random. After all the cards had been called, Jason Bostic, a representative of the coal industry, stood to try and get the last word. He mentioned that his brother without a college education makes $70,000 a year and that the industry is clearly bringing money to West Virginia.

"How much is a life worth?" responded Sarah Haltom. "People are dying and I want to know what you as a human being think about that."

Bostic, turning red in the face, did not address the question.

Residents stood at their seats with pointed questions regarding the technical and political aspects of job depletion, the exporting of coal, the degradation of health, and the problem of internal ties between the coal industry and the government agency.

The atmosphere was tense and the end was near when Pauline Canterbury and Mary Miller each stood and told of their attempts to bring justice in the courts, the depreciation of the value of homes in Sylvester (more than $130,000), and the health problems they have suffered from the coal dust. At that point the table of coal industry representatives stood and walked out in unison. They just couldn't handle the truth.

"We saw them shaking your hands as they came in." said Maria Gunnoe to an OSMRE official. "I want you to understand that we are serious. This is not a game to us."

The meeting lasted the full three hours. No coal industry representatives stayed for further dialogue.