6/27/2003

Elk Run Coal Co. knew, and disregarded, the need for permits

By MARTHA BRYSON HODEL
Associated Press Writer

CHARLESTON, W.Va. (AP) -- Elk Run Coal Co. was advised it would need federal and state permits to build a dam on the Big Coal River, but went ahead with construction without applying for the needed paperwork, a state environmental regulator said.

Bill Simmons, deputy director for the Department of Environmental Protection's Logan regional office, said Thursday that Elk Run told the agency about its plans in 2000.

"We told them not to do that until they got a permit from the U.S. Army Corps of Engineers, but they went ahead and built it without a permit,'' Simmons said Thursday.

"They built it in between our inspections,'' he said.

The U.S. Environmental Protection Agency announced Wednesday that it had reached a consent agreement with Elk Run that included a $10,000 fine and an order to remove the dam and reclaim any damage to the river.

Elk Run Coal Co. is a subsidiary of Massey Energy Corp. that operates a preparation plant at Sylvester in Boone County. A spokesman for Massey, Jeff Gillenwater of Massey Coal Services in Charleston, did not respond to messages left with his office Wednesday and Thursday.

Neither the EPA nor the Corps indicated whether Elk Run will need a new permit to remove the structure. In a news release, EPA said Elk Run "has agreed to a stream restoration and monitoring plan to remove the (dam) and mitigate the environmental damage to the Big Coal River.

Mike Withers, executive director of the West Virginia Public Lands Corp., said Elk Run also should have gotten a permit from his agency before building the dam. They will need one before they remove it as well, Withers said.

"Any time you are going to do any sort of in-stream work, you must get a permit,'' Withers said. "If they're going to put equipment in that stream to take it out, they'll need a permit also.''

Withers said his agency was notified of Elk Run's plans by the U.S. Army Corps of Engineers.

"Usually we wait until the corps and the state Department of Environmental Protection approve the construction before we get involved,'' Withers said. "That never happened.''

According to Simmons, once DEP discovered the dam had already been built without a permit, the agency issued a notice of violation.

"They went for a permit after the fact, but they couldn't get one because of the violation we issued. That's when EPA got involved and was given jurisdiction over the agency,'' Simmons said.

Simmons said the coal company advised his agency they needed the dam in order to get enough water to control dust emanating from the Sylvester coal preparation plant.

"They already had a corps permit to put a pump in the water, but they never asked permission to build the dam,'' he said.

Simmons said he has not talked with EPA about how it plans to monitor the dismantling of the dam.

"It's going to take some significant work, that's for sure,'' Simmons said.

"When you get into stream restoration, it can be pretty complicated. You don't just get in the water with end loaders and dozers and such.''

The coal company began building the low-water dam in March 2000.

The structure consists of about 207 cubic yards of boulders that are two- and three-feet in diameter. It is about 112 feet long, 2.5 feet high and 20 feet wide at its base.

This news story originally provided by WV Metro News

6/27/2003

New Overweight Truck Law Not Ready

Staff
Charleston

The state's new overweight coal truck law will go into effect July 1 without all of its provisions.

The state Public Service Commission and state Division of Highways has entered into a 90-day Memorandum of Understanding. During that time, the two agencies will work on implementing many parts of the law.

One much talked about provision, which isn't ready, is the designated coal hauling roads. State Transportation Secretary Fred VanKirk and the governor's office have been working on a plan, but sources say they are having difficulty approving enough bridges to handle 120,000-pound coal trucks. The permanent coal hauling road system is scheduled to go into effect Jan. 1, 2004.

The state PSC is ready to implement several parts of the new law next week. Spokesman Bob Teets says PSC road crews will begin speed enforcement and have more of a presence in the 15 coal hauling counties. He says the PSC also has its shipper/receiver reporting system in place. The shippers and receivers have until Oct. 1 to comply.

The new law also calls for the DOH weight enforcement crews to be transferred to PSC control. The two agencies have agreed to take 90 days to complete the transition.

A toll free public complaint hot line, 1-866-SEE-TRUX, is in place and will begin operating July 1.