This article originally provided by The Charleston Gazette

December 7, 2001

By Ken Ward Jr.
STAFF WRITER

State regulators testified Thursday that a Massey Energy operation in Boone County exhibited the worst environmental performance they had ever seen.

Department of Environmental Protection inspector supervisor Joe Hager said that Massey's Independence Coal Co. repeatedly violated water pollution limits and other regulations.

Hager testified for four hours about a string of problems last summer at Independence's operations on Robinson Creek near Uneeda.

"During the course of the past summer, they showed an inability to comply," Hager told Matt Crum, director of the DEP Division of Mining and Reclamation.

On Thursday, Crum held the last in a series of hearings on a move by DEP inspectors to suspend or revoke permits for three Massey Energy subsidiaries.

In August, DEP Director Michael Callaghan announced a crackdown on the Massey companies because of a series of blackwater spills and other serious environmental violations.

Under federal and state rules, DEP may shut down mining operations that commit a pattern of violations.

But before DEP can do so, the operators involved have the right to a "show cause" hearing in which company lawyers can argue against the agency's action.

Crum will decide whether to uphold his inspectors' recommendations. Massey could then appeal the decision, either to the state Surface Mine Board or circuit court.

Previously, Crum heard testimony about repeated violations by Massey subsidiaries Green Valley Coal Co. and Marfork Coal Co.

At Thursday's hearing, testimony focused on a longwall underground mine, preparation plant and refuse impoundment operated by Independence Coal.

Bob McLusky, a lawyer for the company, tried to argue that heavy rains in Southern West Virginia had caused many of the operation's problems. DEP officials disputed that argument.

McLusky also presented testimony from Jim Gay, Independence's new chief engineer, that the company had replaced personnel at the operations and was working hard to fix any problems.

In legal papers, DEP officials cited 10 violations at the three separate permit sites since May as a pattern of violations.

DEP legal services chief Perry McDaniel questioned Hager and Gary Sanders, the agency's inspector in charge of monitoring the operations, about those violations.

Hager said that Independence had repeatedly allowed a coal stockpile outside the longwall mine to become overloaded. Raw coal fell off the stockpile and into an adjacent sediment ditch, Hager said. The ditch overflowed, and dirty water from it ran off into Robinson Creek.

"We had numerous conversations with the permittee about this," Hager said.

During one inspection, Hager said, inspectors found that the company had built an unpermitted, illegal coal waste impoundment.

At the same time, he said, the company did not properly maintain a permitted impoundment nearby. For one thing, Hager said, the large pieces of coal refuse used to make the dam were never compacted so that they would be stable.

When Hager stepped onto the refuse, "I started sinking in to my boot-tops, so clearly there wasn't any compaction."

DEP dam engineer Jim Pierce ordered the impoundment closed immediately until the company made it safer.

Hager and Sanders testified that Massey employees failed to construct other required sediment control ponds, and filled in other ponds with dirt or with various types of garbage and junk from the mine.

Sanders said that some company workers hosed coal dust and dirt off a mine site bridge, and allowed the waste to pour off the bridge into Robinson Creek.

"Except for probably one company, these are probably the worst facilities I have ever seen," Sanders testified.

McDaniel asked Sanders who the other company was.

"Belva Coal," Sanders said.

"Is Belva Coal still in business?" McDaniel asked.

"No. They had their bonds forfeited," Sanders replied.