This news story originally provided by Appalachian News-Express

August 19, 2005

Cool and refreshing; Burnwell man vows to protect his stream

BY JANIE TAYLOR
STAFF WRITER

BURNWELL - Pure, clean, cold, crystal water continues to pour from a mountain spring in Burnwell. Keith Osborne says he owns that pristine stream and intends to keep it that way despite mining plans that could destroy what he calls a "vanishing sight."

Osborne said he wants everyone to come by the Round Bottom Branch stream and take a sip of what may be the purest natural spring water in Pike County.

"This is really rare," Osborne said. "I've had this water tested and it's pure. It's something you won't find very often."

Osborne said he recently purchased the old Hazel Deskins Estate and immediately learned the land was destined to be marred by a hollow fill development project that would directly affect the stream.

"I bought the 876 acres on July 7 and found out, 15 minutes after I had signed the deed, that a Massey sludge pond is going to be put in right by my water," Osborne said. "When that happens, it's either gong to turn black or stop running all together. They own the coal rights, but I own this water."

Osborne said that he was warned not to buy the land.

"Mike Blackburn, CEO of Lauran Land Company, owned the coal," Osborne said. "He advised me not to buy it, but wouldn't tell me why."

A public notice issued on July 18 by the U.S. Army Corps of Engineers Huntington District states that an application had been submitted by Road Fork Development Company of Matewan, W.Va., which proposed the project plan to begin in August.

According to the notice, Round Bottom Surface Mine plans to construct hollow fills, road fills and access roads that would permanently impact Osborne's stream.

Round Bottom Surface Mine, according to the document, will likely compensate for the affected water.

Osborne said the water isn't for sale.

"I'm not against mining, and I'm not trying to stop them from doing it," Osborne said. "I just want them to do it right and leave my water alone. Projects like this can be done the right way. I've seen Teco Coal do it."

The U.S. Corps of Engineers said Osborne can request a public hearing that could possibly slow or stop the project.

Osborne said he wants that hearing and has recently submitted a letter of request.

U.S. Army Corps of Engineers South Regulatory Section Project Manager Richard Hemann said his office has received Osborne's request and will review his comments.

"Mr. Osborne met the Aug. 17 deadline and we have his written concerns," Hemann said. "At this point, he's done everything he needs to do. We'll evaluate and address his comments."

Hemann said his office would decide if a permit for the mine construction will be issued and to schedule Osborne's public hearing.

Hemann also said that Osborne's concerns would be forwarded to the mining company.

Osborne said, meanwhile, he will continue the fight to save the stream.

"Of course I'm going to fight it," Osborne said. "They're going to pollute my water."

Osborne said he bought the land largely to preserve the cultural history that surrounds it.

"There's so much history here and so much that can be done with it," Osborne said. "Most of the Hatfield-McCoy sites are within this 8-mile stretch. I want to preserve it, that's why I bought it in the first place."

Osborne said he's already spent more than $400,000 trying secure the land and preserve Pike County's Hatfield-McCoy heritage.

Osborne said that he even wants to challenge state and local officials to join him in projects to help tourism in the Burnwell area.

"The potential is here for Pike County," Osborne said. "This is an opportunity that shouldn't be overlooked."

Pike County Magistrate Chris Harris said county officials share Osborne's interest.

"He's correct that the area is very historical," Harris said. "We would be very interested to sit down, hear his ideas and work with him to promote tourism and development in that area."

For more information contact Keith Osborne at 606 639-2896.

Staff Writer Janie Taylor can be reached via e-mail at jtaylor@news-expressky.com.