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Sierra Club and Allies Act to Protect West Virginia’s Rare Waters

Case Updates:

August 15, 2009

Sierra Club and Ansted Historical Preservation Association achieved a big win for West Virginia’s waterways when, on June 30, 2009, the two groups secured an order from the West Virginia Surface Mine Board prohibiting Powellton from removing any additional coal at the Bridge Fork West mountaintop removal mine on Gauley Mountain. Under the order, Powellton must demonstrate full compliance with environmental laws before it can mine any more coal. Unfortunately, the modified permit still allows Powellton to engage in other activities at the mine site, including hauling coal mined from an adjacent site, in direct violation of the prohibition against renewing permits with ongoing permit violations. Sierra Club and its ally have asked the West Virginia state court to strike down the entire permit; that litigation is ongoing.

April 22, 2009

Sierra Club and the Ansted Historic Preservation Council took a major step to protect West Virginian waterways when, on April 16, 2009, the groups appealed a renewed surface mining permit for the Bridge Fork West Surface Mine in Fayette County, West Virginia. The 463.8-acre mine site is operated by Powellton Coal Company, a subsidiary of Fola Coal Company and Consol Energy, and is located between the New and Gauley rivers. The Gauley River has more than 100 major rapids and a 650-foot vertical drop, and is a beloved destination for whitewater enthusiasts from around the world.

In their appeal, Sierra Club and the Ansted Historic Preservation Council argue that the West Virginia Department of Environmental Protection (DEP) violated the law by renewing the permit. Under the West Virginia Surface Coal Mining and Reclamation Act, the DEP may not renew a permit when the terms of that permit are currently being violated. At the time that the permit was renewed, Powellton Coal had two active “Notices of Violation” unremediated at its Bridge Fork West mine. Powellton Coal also continues to violate the federal Clean Water Act and the West Virginia Surface Coal Mining and Reclamation Act at the Bridge Fork West mine by dumping illegal levels of toxic aluminum, iron and suspended solids into Rich Creek, a trout stream that feeds into the Gauley.

Sierra Club and the Ansted Historic Preservation Council are not alone in their opposition; more than 3,000 public comments came in to the DEP opposing the surface mining permit before it was renewed on March 18. The National Park Service also expressed its opposition to the permit in January of 2009.

Details and Documents:

Threats to Communities, Whitewater River Force WV Mining Permit Appeal
Sierra Club Press Release, April 16, 2009

Sierra Club and Ansted Historic Preservation Council Notice of Appeal
April 16, 2009, Before the West Virginia Surface Mine Board

News Articles:

W.Va. residents appeal renewal of Fayette mining permit
April 16, 2009 by Ken Ward Jr., The Charleston Gazette