DEP Denies Massey Air Quality Permit Near Marsh Fork School

CHARLESTON, WV (AP) Feb. 22, 2006 – The West Virginia Department of Environmental Protection has denied an air quality permit sought by Massey Energy subsidiaries Independence Coal Co. and Goals Coal Co.

The permit would have allowed the Richmond, Va.-based company to increase particulate matter released into the air by 3.49 tons a year at its Sundial operation in Raleigh County.

It also could have reopened the door for consideration of a second coal silo near Marsh Fork Elementary School. Goals Coal already has a coal silo 225 feet from the school. Its existing air quality permits for the site allow for the annual release of 73 tons of coal dust.

“The DEP did the right thing in denying this permit,” resident Vernon Haltom said in a news release. “The kids don’t need another ounce of coal dust in the air they breathe.”

State law bars new surface mine operations within 300 feet of a school, but the DEP last year approved a new silo because maps submitted by Goals Coal showed it would be on land where coal operations were permitted before the 1977 law took effect.

The DEP later rescinded the construction permit, saying it was improperly issued because the proposed silo was outside the permitted area and too close to the school.

“The basis for the denial is that neither Goals Coal Co. or Independence has constructed the silo and neither has the legal authority for construction of the silo,” the denial order issued Feb. 15 said. “Unless and until there is a change in the authority of Goals or Independence to construct and operate a second silo at the Goals mining facility, the WVDEP Division of Air Quality will not process any applications for updates or revisions.”