The West Virginia Department of Environmental Protection has suspended a permit for a mine in southern West Virginia operated by Gov. Jim Justice.
The department took the action on Wednesday after ongoing issues with runoff and sediment at the Bluestone Coal Poca Surface Mine, on the border of Wyoming and McDowell counties.
The DEP has issued 13 notices of violation and 16 cessation orders to the mine in the past 12 months. The mine’s permit was not renewed, meaning Bluestone could not legally remove coal from the site. Yet a federal inspection in May revealed mining activity taking place anyway.
Willie Dodson, coal impacts program manager for Appalachian Voices, says Bluestone should be reclaiming the site, as federal law requires.
“I just think it is so disappointing that there are coal miners who were employed to scrape the coal out of the ground up there who are now not being given the hours that they are entitled to to actually reclaim the land,” he said.
Runoff from the mine flows into a tributary of the Guyandotte River, where the Guyandotte River crayfish is protected as an endangered species.
The two environmental groups that raised concerns about the impact of surface mining on the crayfish – Appalachian Voices and the West Virginia Highlands Conservancy – call it an “indicator species” for the health of rivers and streams.
A federal inspection in November by the Office of Surface Mining, Reclamation and Enforcement found that DEP should have revoked the permit.
Instead, Bluestone Coal will have until March 7 to appeal the permit’s suspension by DEP.
Dodson says DEP has the authority under federal law to take a more aggressive approach.
“DEP should revoke the permit, should seize the bond and should use the bond money to hire contractors to do the reclamation work,” he said.
Justice was elected to the U.S. Senate in November and will take the oath of office next week. He’s been assigned to the Senate Energy and Natural Resources Committee.
In what was billed as his final virtual press briefing as governor Friday, Justice took no questions from reporters.