The Blackwater, It's Ours to Lose by Dave Saville (304) 594-2276 Background
Total Page:16
File Type:pdf, Size:1020Kb
NON-PROm ORG. U.S. POSTAGE PAID PERMIT NO. 2831 CHAS .• WV 25301 Published by the West Virginia Highlands Conservancy Vol. 30, No. 3 - May/June/July 1997 There is no question in my mind that, as You see, from all the things I've heard, I'm Who would destroy such a grand cathedral? "Voice" editor, the West Virginia Highlands convinced that in its own way, the If anyone can provide me with an answer to Conservancy should provide me with an all Blackwater region is sister to Yellowstone, this, please send it along for the next expenses-paid experience with the Yosemite and Glacier. So why in the world "Voice" issue. Blackwater Canyon. Throw in the Falls, are we now in such a struggle to save it too, while I'm there. Of course, I should from narrow and shortsighted exploitation. Since your editor lacks the experience from have my own personal naturalist and my I'm not one who generally fails to grapple that personal, all-expenses-paid tour, he will own personal ecologist that they might perceptively with differing points of view need to leave the verbal defense of the heighten my awareness of all the on profound matters of existence, but this Blackwater Canyon to persons with that manifestations of nature's Grand Design, situation really does stop me cold. Who are more intimate experience. It will be up to Blackwater Canyon style, and to ensure that these folks who would consider depriving them to pick up the cudgels of eloquence in my consciousness gets raised to a frenzy of the citizens of our Earth Mother of the the defense of the sanctity of, and the biophilia. The inevitable outcome would be complete Blackwater experience for a arguments for. the continuing integrity of a document of deep perspicacity in the style temporary expedient And what might that the Blackwater region. Hence, I submit the ~ -~--~lbe~~---- expedient be to proceed with the destruction words of others as follows. of an area so vital and so meaningful (in a spiritual sense) to so many human beings? The Blackwater, It's Ours to Lose By Dave Saville (304) 594-2276 Background Approximately 3,000 acres of the Blackwater Canyon area, a private property "inholding" within the boundary of the Monongahela National Forest, has been purchased by Allegheny Wood Products of Petersburg WV. They plan to log the area. It is unclear if the previous owner (Canyonlands Corporation of WV, who owned the property approximately 24 hours before reselling it) has retained an area along the rim of the canyon as possible vacation home sites. One boundary of the area is a railroad grade. The Forest Service owns one half of the grade, to the centerline. The new owners own the other half, on the river side of the grade. They have stated their plans to use the grade to access their property and to haul timber out. At both ends of the canyon the grade crosses land owned in fee simple by the FS. On the other side of the canyon the tract. is bordered by Forest Road 13, Canaan Loop Road. This road is partially on FS land and partially on a ROW dating back to 1918. If home development occurs it is likely that use of this road would be sought. It is also possible that the lumber company would want to use that road for timber removal. A narrow strip of the property (236 acres) lies between the railroad grade and the Blackwater River, with the majority of the property being between the river and FR 13. The Forest would need to do an Envirorunental Assessment (EA) at a minimum to address use of the Federal land, and possibly an Envirorunentallmpact Statement if concerns are significant. There are a number of potential concerns. The rail line is regarded as a highly desirable rails-to-trails link in the area. The canyon is considered prime recreation area. Cultural resources are known to exist along the line, and Threatened and Endangered species are believed to be in the area. The State has invested considerable resources recently in mitigating acid mine drainage in the canyon and in improving the fisheries resources of the river. The land is quite steep, especially in the narrow strip between the railroad grade and the river. There is local opposition to this private land being logged. The Tucker County Development Authority has stated their opposition. The Chamber of Commerce is split. Continued on page 3 The Highlands Voice, May/June 1997 - Page 2 Roster ofOtilcen,... Board Memben -- -ftom ~ ~ ~ ~ {dateaet--- Committee Chain by John McFerrin BOAitDOJ' DIRICI'ORS State Watchdogs Asleep at the Wheel Again PRESIDENT: 1o1m McPariD I 14 Beckley Ave.. Bectley. WV 2580125U733 Taxpayers Ripped Off SENIOR VICB PRESIDENT: Frmk Yoaaa Rt. 1. Box 108. Ripley. wv 25271. (304) 31'l-9329 Although the acid mine drainage will last for centuries, we are VlCJ?..PRESIDENr FOR STAlE AFFAIRS: Nmn Steeatba 1001 ValJey Rd.,~. WV 25302 W- 346-S891 H- ~ approaching a legal denouement for the underground coal mines VICE-PRESIDENT FOR FEDERAL APFAIRS: Veamt previously operated by T & T Mining, Inc. near Albright in Preston SECRETARY: JKqOdiDc A HttJjMn County. Paul Thomas, one of the principals in T & T Mining, has pled 1120 SVr'mR.d, Cbadatal, WV25314 34S-3718 guilty to a criminal violation of the federal Clean Water Act The 1lmASURER: Tcm MicMd Rt 2. Box 217, Lost Creek, wv 26385. 623-3447 Probation Office of the United States District Court is currently PAST PRESIDENT: CiDdy RIDk preparing a pre-sentencing report in preparation for a sentencing HC 78. Box 227, R«t Cave. WV 26234, 924-5802 sometime in the near future. DIRECTORS-AT-LARGE On the state front, the West Virginia Supreme Court is (Terms expire October 1998) currently considering whether the law would require that Kingwood William P. McNeel. 1118 Secoad Ave.. Marimatoa. WV 249~, 799-4369 Coal Company bear responsibility for cleanup costs. Kingwood Coal ADdrew Maier. Rt 1. Box 27, HiDim. WV 25952. 466-3864 Company bought the coal from T & T Mining, Inc. and had various Mary Pat Peck, 36 Meade St., Bnckbennnn. wv 26201,472-3049 Joe Mmba1l. 108 3ni Street. ElkiDa, WV 26241 636-9555 other ties to T & T. Whether these ties are such as would require that Hugh Roga:s. Moon Rua. Kaaaa. wv 26276, 636-2662 Kingwood bear the responsibility of the cleanup costs is the question before the Court. If it decides that Kingwood bears some of the DIRECTORS-AT-LARGE {Terms expire October 1?97) responsibility, then Kingwood wiU be blocked from getting future Sayre Rodman, 32 Crystal Dr, Oakmont, PA 15139. (412) 828-8983 permits so long as the violations at the T & T mine continue. Carroll Jen. Rt. 1, Box 22, Sherman, WV 26173, 273·5247 The sums involved are substantial. The Division of Don Garvin, PO Box 436, Buckhannon, WV 26201 472·8716 Environmental Protection estimates past and future treatment costs at Carter Zerbe. 16 Arlington Coun. Olarleston. WV 25301 343-3175 $36 million. T & T Mining is not going to pay. It has filed Bob Marshall, 201 Virginia St. West, Olarleston, WV 25302 345-5518 bankruptcy; its owner is headed for prison. The only question ORGANIZA'I'IONALDIUCTOI remaining is whether Kingwood Coal Company or the state of West NATIONAL SPELEOLOOtCAL socmTY: V"qinia Rqiclo- Judy Filla Virginia is left holding the $36 million bag. P.O. Box 276, Berkeley SpiDp, WV 25411 258-4974 PITTSBURG CLIMBERS: Jean R.odmiiD Does this all sound disturbingly familiar? Aren't we always 32 Cryllal.Dr.llelreqpt, PA 1Sl39, 121-1913 sitting around figuring out how to fix an environmenta1 mess? Aren't WEST VIRGINIA MOUNTAIN tmtJ!AMI«JNNTTRS: 1acm Huber we always spending a lot of effort trying to get someone to take MSM office: 264 High St., Mcrpntown. WV 26505. 296-8963 responsibility for an existing problem? Aren't we always left trying to BROOKS BIRD CLUB: Mary Moore Ri1fe:obc:rFr R1. 1, Box 253. Elkins. WV 26241, 636-4S59 make the best of a bad situation? MOUNTAINEER CHAPTER TROtrr lJNLIMI'lED: Pllil ~ Such an approach misses the point of the federal Surface R1. 2. Box 375, BI)Ckbarmm. WV 26201 4~2 Mining Control and Reclamation Act and the corresponding state Act WEST VIRGlNlA RIVERS COALITION: Pam Moe-Merritt, Those Acts were supposed to prevent these problems from occurring. 49 w:Main St.. Buckhannon. WV 26201 472-0025 DOWNSTREAM ALLLANCE: ~oan Sim~ They have permitting requirements which mage an evaluation of the . Rt. 5, Box 310 1/2, Morgantown1 WV 26505, 296-8860 hydrological consequences a condition of getting a permit. They have VIRGINIANS FOR WILDERNESS: Bob Mueller, Rt. 1, Box 250 requirements that companies avoid the creation of acid mine drainage. Staunton, VA, Z4401- http.//atlas.comet.net/ ~gus/forestsl They have requirements that mining companies not allow drainage COMMIITEE CHAIRS from acid producing materials into surface or ground water. MINING COMMII1iE: CiDdy i.ak . In the face of these laws, how did we get in our current HC 78. Box 227. R«t Cine. WV 26234. 924-5802 predicament at T & T? How did we manage to have a source of acid PUBLIC LANDS MANAGEMENT COMMlTilm: &lyre Bodman 32 Ctysta1 Dr, o.bnmt, PA 1Sl39, (412) 828-8983 mine drainage which the West Virginia Division of Environmental Bill Ragdte'- 144 Trw:e Fed Rd.. Cu1Joc1ca. WV 25S10, 824-3571 Protection now says is perpetual? PUBUCATIONS COMMlTl'EE: Judy Rodd Part of the answer is in the age of the T & T operation.