Cessation Orders Issued For Active Mine Permits


Dec 11, 2025

The West Virginia Department of Environmental Protection has issued cessation orders for the two "Active, moving coal" mountaintop removal permits operated by chronic violator Lexington Coal Company. WVDEP has issued at least 18 cessation orders for Lexington's permits Nov. 21. Of the 18, 12 were issued to permits that weren't mining coal anyway, including 9 issued to 3 of the mountaintop removal permits that we monitor on Cherry Pond Mountain. However, 5 of the cessation orders were for the Crescent #2 permit, also on Cherry Pond Mountain, which is "Active, moving coal." Another is for Lexington's Surface Mine No. 9, also "Active, moving coal." These were Lexington's only surface mines still moving coal. Coal River Mountain Watch has been monitoring the activities and violations on the Crescent #2 permit and complaining about the WVDEP's practice of granting excessive extensions. On July 22, 2025, we submitted a complaint to the federal Office of Surface Mining, Reclamation and Enforcement, including the Crescent #2 permit as an example of WVDEP failing to halt operations of permits with long-running violations and delinquent civil penalties. The cessation orders were for unabated violations, as far back as February 2025, for problems including failure to maintain sediment ditches and cutting all the trees in the Matt’s Creek buffer zone (visible in this video from an 8/8/2025 flyover with our friends at Southwings). Also, Lexington owes over $190,000 in delinquent fines on the Crescent #2 permit. This is part of the $4 million in delinquent fines Lexington now owes overall, most of which was included in a payment plan Lexington agreed to in May 2024, making only one payment in June 2024. On Oct. 3, OSMRE sent the Ten Day Notice to WVDEP, agreeing with our allegations. But, rather than requiring their response within 10 days, OSMRE gave WVDEP two 30-day extensions. Today, Dec. 11, 2025, WVDEP posted their response. The response mentioned the cessation orders but did not explain what, if anything, WVDEP is doing to collect the delinquent millions owed to West Virginia.

The good news out of all that is that two active mountaintop removal sites have ceased extracting coal, at least until Lexington Coal Company can correct the major violations that they’ve caused while tearing up the mountains.

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