Say No To Renewal Of Mountaintop Removal

Dec 7, 2023

Chronic violator Lexington Coal Company wants to renew their 1,222-acre Crescent #2 mountaintop removal permit on Cherry Pond Mountain, on the border of Boone and Raleigh Counties, WV. Please join Coal River Mountain Watch in telling the WV Department of Environmental Protection to deny this renewal. There's an online conference Dec. 14, 5:30 PM EST, available at or by calling in at 1-650-667-3352, PIN 248 285 955. You can also email your comments to permit supervisor Comments will be accepted up until the end of the conference. Be sure to state that you oppose renewal of Lexington Coal Company's permit number S502007. Here are some good reasons you might include:

-LCC presently has 5 cessation orders on this permit for unabated violations, including  failure to maintain their sediment ditches and timbering outside the bonded area.

-On Nov. 15, 2023, WVDEP issued LCC 9 civil penalty delinquent letters for a total of $40,389 in unpaid fines on this permit. Each letter states, "You are advised that pursuant to CSR 38-2-3.32 the Director is prohibited from issuing any permit or permit revision to this company, any company owned or controlled by this company, or any company or person owning or controlling this company, as long as this or any other civil penalty remains delinquent." This year, WVDEP has issued 242 delinquency letters to LCC. None have been paid.

-Last year, LCC ran up a serious pattern of violations on this permit, entered into a consent agreement with WVDEP, violated the agreement, and had the permit suspended. WVDEP lifted the suspension once corrected their violations. LCC now has another pattern of violations.

-LCC has proven that they don't have the capacity or intention to comply with the termos of this permit or the laws of WV.