Edwight Watch

More Information will follow with the permit overlays and correspondence to and from the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE), West Virgina Department of Environmental Protection (WVDEP), and Coal River Mountain Watch (CRMW).

There are 3 boundary violations in this photo.  Our reporting and persistence forced the DEP to require Massey's Alex Energy to submit an application for an incidental boundary revision (IBR) to abate these violations.


Photo Taken By Rob Goodwin.  Flight Provided by www.southwings.org.   May 2009

Posted Thursday May 27th 2010
At 4:30 PM on Sunday, May 16th a small afternoon shower exceeded the capacity of Mountaineer Grading's sediment control on its Edwight Slate Dump Reclamation Project. Coal River Mountain Watch has been actively monitoring this site over the past 2 weeks.  Two sediment flow violations were reported on Friday, May 7th and Tuesday, May 11.  Similar to the pictures below runoff from the site turned the Coal River a chocolate brown for several hours.

On Thursday, May 13th the West Virginia DEP's Office of Abandoned Mine Lands and Reclamation who is overseeing the contract responded to CRMW's complaint,  "I was on site yesterday trying to remedy the NPDES concerns as was other DEP personnel (Environmental Enforcement). The project has been shut down until all necessary BMP’s are in place"

CRMW will follow up with Environmental Enforcement this week to review the inspection reports and inquire about the specific charges Mountaineer Grading is facing for violating the WV NPDES regulations and the Federal Clean Water Act.
Posted Friday May 21st 2010
At 4:30 PM on Sunday, May 16th a small afternoon shower exceeded the capacity of Mountaineer Grading's sediment control on its Edwight Slate Dump Reclamation Project. Coal River Mountain Watch has been actively monitoring this site over the past 2 weeks.  Two sediment flow violations were reported on Friday, May 7th and Tuesday, May 11.  Similar to the pictures below runoff from the site turned the Coal River a chocolate brown for several hours.

On Thursday, May 13th the West Virginia DEP's Office of Abandoned Mine Lands and Reclamation who is overseeing the contract responded to CRMW's complaint,  "I was on site yesterday trying to remedy the NPDES concerns as was other DEP personnel (Environmental Enforcement). The project has been shut down until all necessary BMP’s are in place"

CRMW will follow up with Environmental Enforcement this week to review the inspection reports and inquire about the specific charges Mountaineer Grading is facing for violating the WV NPDES regulations and the Federal Clean Water Act.
Posted Sunday May 16th 2010
Edwight has been issued a notice of violation by the WV DEP for exceeding effluent limits of aluminum from mine site related run-off.  Recent tests showed two NPDES outlets to be out of compliance by greater then 40% of the max. daily limit.

(DOV) Description of Violation: Failed to maintain effluent limitation as set forth in the NPDES Permit. ( Results of lab samples taken on 3-22-2010 outlet 003 with total aluminum 1.11 mg/l and outlet 026 with total aluminum 1.06 mg/l both outlets have a max. daily limit of .75 mg/l ) (REM) Remedial Measures: Maintain effluent limits at outlets 003 and 026 as per the approved NPDES Permit.
Posted Thursday April 1st 2010
The Edwight Surface Mine covers 2,016 acres of Cherry Pond Mountain, located across the valley from Coal River Mountain and just south of Massey’s expanding Twilight Surface Mine. The 2.9 billion gallon Shumate sludge impoundment, which sits directly above Marsh Fork Elementary School, is a part of the complex. The communities of Naoma, Pettry Bottom, Peach Tree, Clays Branch and Hazy all lie within a mile of the mine site; blasting occurs within 1,000 feet of homes daily.

Alex Energy has a long record of disregarding worker safety, environmental law and residents' human rights. Cited violations include poor drainage in valley fills, improper disposal of spoil, placing organic material and mud in rock fills, and a myriad of dangerous blasting practices. In 2009, the West Virginia Department of Environmental Protection (WVDEP) issued Edwight a “negative pattern determination” for three blasting violations in one month, including blasting too powerfully near homes and power lines and casting rock, dirt and silica dust clouds outside of the permit boundary. From November 2004 to February 2005, the DEP issued violations for seven instances of blasting after dark, falsifying blasting logs, failure to notify the public of blasting and blasting within 500 feet of active underground mining.

Posted Thursday March 25th 2010
WHITESVILLE, W.Va. -- The West Virginia Department of Environmental Protection (DEP) has denied local citizens a public hearing regarding a show cause order on the Edwight Surface Mine. According to state law, show cause orders, intended to be the last step before the DEP shuts down a mine site, are supposed to be settled in public hearings. Despite the law, the DEP has decided not to hold a public hearing, and is instead privately negotiating a consent order with the mine operator, Alex Energy, a subsidiary company of Massey Energy.

After repeated requests, the DEP has granted Coal River Mountain Watch (CRMW) the right to submit comments on the drafted consent order but is still refusing to hold a public hearing. CRMW is asking community members to submit comments to them, as well as suggesting they file for their own right to comment.

Due to the DEP's continual failure to follow the law, CRMW is now looking to the Office of Surface Mining Reclamation and Enforcement (OSMRE).

"Massey Energy's Edwight permit is one of the most flagrant examples of the DEP failing to regulate this outlaw company. The OSMRE needs to act now to takeover the duties that this failed agency refuses to perform," said Vernon Haltom, co-director of Coal River Mountain Watch.

Other community members are also expressing frustration with the violations on Edwight. Last April, local citizen Bo Webb took his case all the way to Washington, D.C. after he observed violations going unnoticed by the West Virginia DEP. As a result, OSMRE shut down that area of Edwight until the violations were issued.

Posted Sunday March 21st 2010