This article excerpted from Appalachian News-Express

March 29, 2006

Clean water: State, local officials team up to fight mine water in the Big Sandy

BY RACHEL C. STANLEY
EDITOR

SHELBIANA - A vocal group of Pike Countians who oppose a plan to dump mine water in the Big Sandy River is getting support from state and local officials.

Monday morning, Attorney General Greg Stumbo vowed to do everything in his power to ensure that the Big Sandy River is kept clean under the strictest possible state and federal water-quality standards, while speaking to a crowd of about four dozen people at Fishtrap Lake.

The onlookers also heard from state Senator Ray Jones, D-Pikeville; Pike Judge-Executive Bill Deskins; Pikeville City Manager Donovan Blackburn; Grundy, Va., City Manager Chuck Crabtree, and union representative Gypsy Cantrell of the United Steel Workers of America, all of whom voiced concerns about the plan.

At issue is a controversial CONSOL Energy application for a permit from the Virginia Department of Mines, Minerals and Energy to construct a system for the discharge of mine water coming into CONSOL's Buchanan No. 1 mine. If approved, the water would be released into the Levisa Fork of the Big Sandy River, which is the only source of drinking water for Pikeville and parts of Pike County.

Monday, Stumbo told the crowd that his office will file a protest with the Virginia Department of Mines, Minerals and Energy for the application as written.

“We think [the mine water] should be treated before it's discharged,” he said. Kentucky officials are also concerned with part of the proposal that relies on water flow to dissolve any chemicals.

“The problem with that, we think, is it doesn't allow for low water flow,” Stumbo said.

If the application is approved, Stumbo said his office will closely monitor the discharge, and regularly test the water for chemicals. If the river is found to have chemicals that exceed the legal limits, he said, “We can seek remedial action - and we will seek remedial action.”

He assured the crowd, “We know about the issue, and we're on top of the issue.”

After Stumbo spoke, nearby homeowner Darlene Thacker presented him with a petition signed by more than 1,170 local residents who oppose the plan. Thacker, who is the chairwoman for the annual Friends of Fishtrap Cleanup, said she is concerned about the environmental impacts.

“We don't want it because it will kill the fish in the lake,” she said. “But our main concern is the drinking water.”

The Pikeville water treatment plant, which also provides drinking water to many Pike County and Floyd County residents, only has one water intake. It is located about 42 miles downstream from CONSOL's intended discharge location.

Because of concerns about the water supply, Pikeville city officials have asked the Kentucky Division of Water to review and analyze the permit request from CONSOL Energy on the city's behalf.

Monday, Jones said he also plans to file a resolution in the Kentucky Senate asking his fellow lawmakers to join him in protesting the proposal.

Although the gesture is largely symbolic, since the Kentucky General Assembly has no say in the Virginia permitting process, Jones said he hopes it may encourage Virginia state officials to deny the permit, or at least to delay the process until more information is available.

Crabtree, the Grundy city manager, said Grundy officials have also publicly opposed the proposal, as have officials in both Pike County and Buchanan County, Va. “They have chosen a spot that is exactly in the center of downtown Grundy,” he said.

Officials there have filed an injunction forcing CONSOL to hold a public hearing on the matter, Crabtree said, and he encouraged all Pike County residents to attend.

“The more people we get out, the more it will help us,” he said. The date and time for the hearing have not been set.

Several people in the crowd said they live near Fishtrap Lake, and are worried about the impact on the popular recreation spot.

“There's a lot of areas where the bank is already covered with coal sludge,” said Norma Baker.

Thacker said that while collecting signatures for her petition, almost every person she spoke with opposed the CONSOL plan.

“Everybody is really worried about this,” she said.

“No one wants this coal company to be able to do this.”

Editor Rachel C. Stanley can be reached via e-mail at rstanley@news-expressky.com.