This news story originally provided by WV Metro News

9/5/2003

Not Many Comments On Coal Roads

Staff
Charleston

If you plan on submitting written comments about the proposed coal haul route system, time is running out. You only have until the end of business Friday. So far the DOH has only received a handful of comments.

John Lancaster with the DOH is handling the collection of those documents. And he says he's surprised only about two-dozen people submitted their comments. A handful were from the coal industry adding roads to their list of routes they want to see carry heavier weight. But most of them were against the approval of increased weight on coal haul routes in three specific areas of the state -Erbacon Road in Webster County, roads in the communities of Philbert and Elbert in McDowell County and several roads in Boone County.

Once the deadline is past, Lancaster will compile all the written comments, organize them and them hand them over to DOH Commissioner Fred VanKirk. Then it's up to VanKirk to make the final decision on which roads can handle up to 120,000 pounds and which roads will stay at the 80,000 pound level in the 15-county district.

Lancaster doesn't expect a lot of last minute comments to land on his desk. He says people who are concerned about the new weight limits have had plenty of time to submit their written comments and know when the deadline hits.

This news story originally provided by WV Metro News

9/10/2003

Coal Association Would Back Kiss

Staff
MetroNews Talkline

The vice president of the West Virginia Coal Association says if House of Delegates Speaker Bob Kiss were to run for state Supreme Court, the association would be behind him 100 percent.

Speaking as guest on MetroNews' "Talkline" Wednesday, Chris Hamilton admitted it'd be in his group's best interest if current Justice Warren McGraw were defeated in the upcoming Supreme Court election. Hamilton says Justice McGraw has had a very liberal record both as a Supreme Court justice and as the former President of the State Senate.

Hamilton says if Speaker Kiss were to run, he would be backed strongly by the association and its members. Hamilton says Kiss is known to be more business friendly and has demonstrated in his time as a delegate what he can do for the state. Hamilton says Kiss has juggled all interests extremely well.

Speaker Kiss has yet to announce whether he'll be seeking a seat on the Supreme Court, but the state Chamber of Commerce has already logged its support behind the delegate.

Hamilton says the race for the Supreme Court is probably the most important of the upcoming election. He says it may even be more important than the run for governor.

This news story originally provided by AP through The  Charleston Daily Mail

9/12/2003

Court agrees to hear DEP appeal of decision

CHARLESTON, W.Va. (AP) -- The state Supreme Court will hear the state Department of Environmental Protection's appeal of a judge's decision that overturned its suspension of a Massey Energy subsidiary's waste pond permit.

The court voted 3-2 to hear the appeal.

The DEP wants the court to overturn Raleigh County Circuit Judge H.L. Kirkpatrick's December 2002 decision that the agency violated Marfork Coal Co.'s due process rights.

The company had argued that its rights were violated when former Mining and Reclamation Director Matthew Crum acted as the hearing examiner during an Oct. 25, 2001 proceeding that resulted in the 14-day suspension of the permit.

Marfork said Crum shouldn't have headed the hearing because he had issued a news release weeks before saying the company had broken the law.

Kirkpatrick said a second hearing by the Surface Mine Board did not fix the problem the DEP had created in the initial proceeding by failing to give the company a hearing before an impartial examiner.

A hearing of the agency's appeal has not yet been set.

This news story originally provided by WV Metro News

9/15/2003

Protestors Welcome Vice-President

Staff
Charleston

A group of nearly 100 protestors lined Charleston's Lee Street for Vice-President Dick Cheney's visit to Charleston Monday. The groups, most of them part of Patriots for Peace, says they are seeking three things from the Bush Administration.

Tell the truth, a price tag for the war, and third a date set for brining home the American troops in Iraq.

Robin Godfrey has a son due to be deployed to the theater in January. He led protestors in a chant of "no more lies" during he noontime gathering in downtown Charleston. He says the Bush Administration has misled the American people to enable profiting for campaign contributors.

"They seem to think the American taxpayer is an ATM machine and that we are just happy to give up our money and our children." Said Godfrey.

Godfrey says the War in Iraq came after the Administration claimed Iraq no terrorist ties to 9/11 or worldwide attacks.

"It's like there's a house on fire and Bush runs into a house two blocks away."

Charleston minister Jim Lewis organizes the group. Lewis is a Vietnam veteran ad a longtime peace activist. He says the administration has lied to bolster the war for personal gain.

"We've been lied to about so many things and people are profiting from this lie, that is Haliburton and company." Says Lewis. "We're saying hey get those troops home. They promised when they got to Baghdad they'd be coming home."

Lewis says furthermore the administration's interest in Iraq has nothing to do with the war on terrorism and everything to do with paybacks to campaign contributors. Lewis says Cheney's former company Haliburton has done well and the vice-President Cheney shares in the blame.

"Haliburton and other companies were able to get those contracts without following any of the bidding rules." says Lewis. "Cheney is a part of that oil slick advisory crew that’s giving the president advice and council."

This news story originally provided by WV Metro News

9/15/2003

Vice-President Visits Charleston

Staff
Charleston

Vice-President Dick Cheney says the U.S. will stay in Afghanistan and Iraq to make absolutely certain the job is done before moving on in the War Against Terror.

Cheney spoke for approximately 17 minutes during a lunchtime fundraiser Monday for Second District Congresswoman Shelley Moore Capito. The Vice-President spent most of the speech focusing on what he calls the "defining moment" of the Bush presidency; the attacks of 9/11 and the President's response.

Some members of Congress and protest groups are calling for President Bush to bring the troops home. Cheney says, "We will stay until we have wrapped up all of the weapons of mass destruction and eliminated all of those who are enemies of the United States."

Cheney says the policy of pre-emptive strikes is the way to battle terrorism. Cheney says if the U.S. would have been able to stop the 9/11 attacks with the policy they would have. He says President Bush is "acting to protect us against further attacks even if when that means moving aggressively against would-be attackers."

Vice-President Cheney says establishing Office of Homeland Security has been a good move. Cheney says that's a good defense, but the U.S. also needs a good offense. Cheney says terrorist organizations can get through the best defense strategy, that’s why aggressive pre-emptive strikes are necessary.

Cheney says the Bush Administration will continue with its policy to destroy the terrorists before they can destroy the U.S. and its allies. The Vice-President reminded the crowd of just more than 200 that the war is not without sacrifice. Cheney says nearly 400 troops have given their lives in recent months and he says there will surely be more casualties. Cheney urged the crowd to remember that more than 3,000 were killed in the 9/11 attacks.

The Vice-President also touched on the economy, the Bush Administration's energy policy and the controversial judicial confirmation process.

Cheney told the Capito supporters to "make absolutely sure she is re-elected."

This news story originally provided by AP through The  Charleston Daily Mail

9/15/03

Cheney appears at Capito event

By LAWRENCE MESSINA 
Associated Press Writer

CHARLESTON, W.Va. (AP) -- With no sizable opponent in sight, West Virginia's sole Republican in Congress welcomed Vice President Dick Cheney to a $500-a-plate luncheon Monday to raise funds for her 2004 re-election effort.

Cheney called Rep. Shelley Moore Capito, R-W.Va., "a tough and effective ally and a great spokeswoman for the people of West Virginia.''

"Increasingly, it looks like she doesn't need any help,'' Cheney told about 200 GOP donors at Charleston's Marriott hotel. "But we want to make absolutely certain that she's re-elected next November.''

Cheney also touched on Iraq and Afghanistan, the national economy and other domestic issues in his 15-minute speech. He reminded a crowd that included several mine operators and lobbyists of coal's role in President Bush's proposed energy policy.

"He's definitely committed to coal,'' Capito later said of the president. "He's committed to energy independence.''

Besides the $500 sit-down price, Capito aides expected to draw additional funds from donors willing to pay for having photos taken with the vice president and the congresswoman.

The promised take of $250,000 would be a big boost for Capito's campaign. She had $367,487 on hand after spending $301,603 as of June 30, according to the most recent report filed with the Federal Election Commission by her campaign.

Nearly two-thirds of Capito's campaign cash has come from the Political Action Committees of GOP congressional leaders and such corporate interests as insurance companies, banks and stock brokerages, her FEC report said.

Cheney and President Bush have been crisscrossing the nation in recent weeks to raise funds for GOP candidates. Last week, Cheney lent his name to two events in North Carolina and one in Ohio.

More than 100 protesters opposed to Bush's Iraq policy stood outside the hotel in downtown Charleston on Monday, chanting and eating MREs -- the ready-to-eat meals that sustain soldiers in the field.

"It is the '60s all over again, because we are repeating the same (foreign policy) sentiments as Vietnam,'' said Robin Godfrey, a Charleston lawyer whose son Joey is scheduled to be deployed in January.

Since Bush declared an end to major combat on May 1, 156 U.S. soldiers have died in Iraq. Another 138 soldiers were killed in the war.

Bobbi Nicholson, a professor in Marshall University's Department of Education, said she protested Monday to send a message to the vice president -- and her students.

"We've lost more in peace than during the war,'' Nicholson said between bites of her wheat bread MRE. "That can't go unchallenged.''

Cheney has used the campaign appearances to answer such critics.

"A good defense is not enough,'' Cheney said Monday. "We need a strategy that takes us on the offensive, that lets us go after these forces.''

He also followed up on his statements Sunday on NBC's "Meet the Press'' that the administration does not know when the U.S. military presence in Afghanistan and Iraq will end.

"The war will continue perhaps as long as we are in office, perhaps longer,'' Cheney said. "We will stay in Afghanistan and Iraq until we are absolutely sure that the job is done.''

Cheney also criticized the deadlock over Bush's federal judicial nominees, urging that the Senate adopt a process that allows prompt votes on the appointees.

"We need to fix the judicial confirmation process,'' Cheney said.

When he last stumped for Capito in Charleston, Cheney's similarly brief April 2002 appearance netted her campaign $250,000.

The only potential challenger to Capito so far in the 2nd Congressional District is David M. Caruthers of Martinsburg, a Democrat and floor attendant at Charles Town Races & Slots. His pre-candidacy filing was posted by the Secretary of State's office Monday. The official filing period is not until January.

Capito defeated Charleston lawyer Jim Humphreys in 2000 to succeed now-Gov. Bob Wise. She beat Humphreys, a Democrat, again in 2002 to keep the seat.

This news story originally provided by AP through The  Charleston Daily Mail

9/16/03

University appeals permit for mining beneath 400-year-old forest

COLUMBUS, Ohio (AP) -- Ohio University has appealed the state's decision to allow a coal company to mine beneath parts of a 400-year-old eastern Ohio forest that contains a large tract of old-growth timber.

The appeal before the Ohio Reclamation Commission raises concerns about the adequacy of the plan for monitoring surface damage during the underground operation, university spokesman Hub Burton said Monday.

The Ohio Valley Coal Co., which was granted its permit request last month after years of debate over the environmental implications, said Monday it would defend the decision by the Division of Mineral Resources Management in the Ohio Department of Natural Resources.

"The environmental integrity of the mining plan was painstakingly reviewed for nearly two years, and the state of Ohio concurred with research conducted since 1990 ... that trees and other surface vegetation will absolutely not be affected by mining,'' the company said in a release.

The university owns Dysart Woods, but the company has the mineral rights. It was not immediately clear if the university's appeal could stop the process. A message was left Monday with the DNR media office.

"The appeal is really designed for Ohio University to pursue a goal of providing maximum protection to the fragile lands that compose Dysart Woods,'' Burton said.

The Alledonia-based company has spent years battling environmentalists over the implications of mining beneath the 455-acre forest. About 51 acres contain old-growth trees, essentially untouched for centuries.

The state said the company may mine only 14 acres of the old-growth section to create a corridor -- 400 to 600 feet beneath the surface -- to allow for equipment to be moved and air to circulate underground. The company also can't mine more than 140 acres of coal in areas next to the old-growth timber in Belmont County.

The DNR said the design of the corridor and support from unmined coal on either side would protect the stability of the forest floor.

This news story originally provided by WV Metro News

9/29/03

Coal Route Designation Not Ready

Staff
Charleston

The designation of coal haul routes in 15 southern West Virginia counties is at least 45 days away. Permits for coal trucks up to 120,000 pounds won't be granted until the routes are designated.

A new state law allows for the permits as early as this week, but it won't happen.

State Transportation Secretary Fred VanKirk says the DOH is still working on the coal haul route system itself and analyzing the bridges. VanKirk says crews have to put load postings on the bridges and trailblazing signs along the many miles of designated roads.

Secretary VanKirk says the trailblazing sign will be a silhouette sign with a coal truck on it. He says the sign will send a message to coal truck drivers that they are on the right road and to residents that heavier coal trucks travel that particular road.

VanKirk says it will take 30 days to put up all of the signs on the bridges and another 15 to 20 days to put up the coal truck signs on the more than 1,700 miles in the 15 counties. VanKirk says he can't give a date when the coal haul routes will be implemented, but he describes it is almost ready. State law requires the system to be in place by Jan. 1.

Secretary VanKirk says there are more than 600 bridges on the system and several are still being inspected. He says he's not sure how many of the bridges will have to be posted with restricted weights, but he says the number will be less than originally thought.

The new state law also requires the DOH to evaluate all roads, outside the 15 county region, to see which ones can handle at least 80,000 pounds.

This news story originally provided by The  Charleston Daily Mail

9/29/03

Final Greenbrier pipeline statement issued

The staff of the Federal Energy Regulatory Commission has issued a final environmental impact statement for the proposed Greenbrier pipeline.

The proposed $497 million pipeline would start near Clendenin and run 275 miles to Granville, N.C. The pipeline is a partnership between Dominion Transmission Inc. and Piedmont Natural Gas.

According to the final environmental impact statement, construction of the pipeline could affect about 4,200 acres in West Virginia, Virginia and North Carolina. Of that total, about 1,862 acres would be impacted for the life of the project.

The staff said the pipeline route, as originally proposed, would have a significant impact on the viewshed of Hawks Nest State Park. The staff is recommending "an alternate route that would mitigate impacts in the Hawks Nest State Park area." The commission will determine whether the project should be approved and which route is selected.

Copies of the statement have been mailed to federal, state and local government agencies, elected officials, environmental and public interest groups, affected landowners who requested a copy, local libraries, and others.

More information is available from the Federal Energy Regulatory Commission's Office of External Affairs, (866) 208-3372, and on the commission's Web site, www.ferc.gov. To find information on the Web site, click on the FERRIS link, select "General Search" from the menus and follow the instructions. The project has two docket numbers: PF01-1-000 and CP02-396-000.

This news story originally provided by AP through The  Charleston Daily Mail

9/30/03

State pledges $3 million to gob pile project

By LAWRENCE MESSINA Associated Press Writer

CRAWLEY, W.Va. (AP) -- West Virginia development officials have guaranteed $3 million to a Greenbrier County project that aims to convert one of the state's worst coal waste piles into power plant fuel and a new type of building material.

"It's a first step, but an important first step,'' Gov. Bob Wise said Tuesday when he announced the loan to area residents attending a town hall meeting at Western Greenbrier Junior High.

The news earned Wise a standing ovation from the crowd of 150, as the loan will form the bulk of the bridge financing the project needs to keep a $107.5 million grant from the U.S. Department of Energy.

"This gives the project a big green light,'' said Wayne Brown, an official with Western Greenbrier Co-Generation.

A nonprofit formed by three local communities, Western Greenbrier Co-Generation oversees an ambitious $215 million plan to target 40 million tons of coal waste that caps an abandoned mine site in Anjean.

Because this "gob pile'' contains usable coal, the project proposes to build a special kind of power plant in nearby Rainelle that can burn the waste. Besides power to local communities, the plant would generate ash that can be compressed into fireproof bricks and other construction material.

The project promises to rid the state of coal waste that threatens nearby waterways and costs the state Department of Environmental Protection millions of dollars to treat annually. It also promises hundreds of local jobs.

"It is truly an economic development strategy,'' Brown said.

The project joins the towns of Rainelle, Rupert and Quinwood with developers from Golden, Colo., Connecticut and Pennsylvania.

Brown said the $3 million pledge will attract the other $2 million needed in bridge financing.

DOE awarded its grant in January as part of President Bush's clean coal initiative. The federal grant will clear the way for a $107.5 million revenue bond sale arranged with a consortium of banks.

Wise said the state Development Office agreed to guarantee the $3 million loan through one of its programs.

"The state has been tremendously supportive,'' Brown said. "They've been working with us hand in glove.''