AppalachianThe

February / March 2012 Voice

Forty years ago, a wave of coal slurry swept away Then communities along Buffalo Creek, killing 125. Some problems from our past have improved — others & Now seem stuck in time. Have we learned our lesson?

Also Inside: The Habits of Hibernating Bears • Georgia’s Historic Blood Mountain • Standing Up for Clean Water TheAppalachian VOICE Yesterday and Today: Defending the Clean Water Act A publication of A Note From Our Executive Director By Jamie Goodman AppalachianVoices TOP: Councilmen from Cleveland, Forty years ago, it took a Ohio, examine a white cloth that came 191 Howard Street • Boone, NC 28607 There’s a common saying in Appalachia: what we do to the land, 1-877-APP-VOICE flaming river to spur our nation up dripping with oil after being dipped we do to the people. www.AppalachianVoices.org to protect its waterways. in the Cuyahoga River in 1964. The [email protected] What the coal industry is doing to the citizens in our region is river notoriously caught fire in June The river that played a promi- unforgivable. In the last several years, 21 peer-reviewed studies have 1969, bringing it national attention nent role in the creation of the Editor...... Jamie Goodman confirmed the worst of our fears -- that mountaintop removal coal min- and leading to renewed efforts toward Managing Editor...... Brian Sewell Clean Water Act and the Envi- ing is destroying not only the land, but also the people of Appalachia. improving water quality (Photo Associate Editor...... Molly Moore ronmental Protection Agency is by Jerry Horton). INSET: Another The results are staggering. Residents born near the destruction of Distribution Manager...... Maeve Gould thought to have erupted in flames Cuyahoga River fire in 1952. (Photo Graphic Designer...... Meghan Darst mountaintop removal are 42 percent more likely to be born with birth on thirteen separate occasions in a by James Thomas). Both images Editorial Assistant...... Madison Hinshaw defects and 50 percent more likely to die of cancer compared with other courtesy of Cleveland Press Collection, one-hundred-year period, ending people in Appalachia. Cleveland State University Library Distribution VOLUNTEERS: Alison Auciello, Heather Baker, Becky Barlow, with a conflagration in June of The ecological footprint of the coal industry goes far beyond central Appalachia and is also Jere Bidwell, Blue Smoke Coffee, Rebecca Booher, Charlie Bowles, Cindy Bowles, 1969 that captured the attention of Jane Branham, Steve Brooks, Gail Burns, Carmen Cantrell, Alex Carll, Charlie Chakales, damaging to regions where coal is consumed. Two-thirds of water withdrawals in the drought- friendly representatives from Shay Clanton, Chris Clark, Patty Clemens, Theresa Crush-Warren, Beth Davis, Detta Time magazine, and subsequently prone Southeast are used to cool electric generating plants and the majority of our waterways Davis, Deborah Deatherage, Jim Dentinger, Lowell Dodge, Nels Erickson, Lauren Essick, the rest of the country. both the Senate and House have Emma Ford, Dave Gilliam, Scott Goebel, Lisa Goodpaster, Bruce Gould, Gary Greer, are polluted with mercury as a result of coal combustion. At the time, Ohio’s Cuyahoga waged what seems like a full-on Tim Guilfoile, Kelly Griffin, Sharon Hart, Susan Hazlewood, Jennifer Honeycutt, Cary For far too long, the country has ignored the human and environmental costs of coal mining, and Karen Huffman, Tim Huntley, Pamela Johnston, Mary K., Rose Koontz, Frances River was so choked with in- war against the Clean Water Act Lamberts, Carissa Lenfert, Sean Levenson, Susan Lewis, Loy Lilley, Debra Locher, processing and combustion. Even now, the coal industry’s supporters in Congress are trying to dustrial runoff it displayed no and the EPA. Bills such as the Joy Lourie, Gail Marney, Lee Martin, Mast General Store, Kate McClory, Kim Greene undermine what few regulations are in place to protect Appalachia! McClure, Jay McCoy, Rich McDonough, Bonnie McGill, Mike McKinney, Steve Moeller, visible signs of life for miles. In Clean Water Cooperative Fed- Yet there is hope — and it comes from you. Only by lifting our voices together can we be Dave and Donna Muhly, Dennis Murphy, Catherine Murray, Dave Patrick, Jackie a March 11, 1970 article, Time eralism Act of 2011 (H.R. 2018), Pontious, Bronwyn Reece, Martin Richards, Carol Rollman, Debbie Samuels, Steve heard above the greedy demands of special interests. Join our growing online activists lists to Scarborough, Gerry and Joe Scardo, Craig Schenker, Kathy Selvage, Gregg Shirk, magazine described the river as which environmental groups stay informed and take action when you’re needed the most. It is free and we make it easy. We Brenda Sigmon, Kayla Sims, Leah Smith, Sarah Smith, Jennifer Stertzer, Nora Walbourn, “Chocolate-brown, oily, bubbling dubbed the “Dirty Water Bill Wasserman, Dean Whitworth, Amy Wickham, Donna Williams, Graham Williams, need your voice. Act,” the REINS Act (H.R. Barbara Williamson, Diana Withen, Hayley Wood, Gabrielle Zeiger, Ray Zimmerman with subsurface gases” and “a For the health of Appalachia, 10) and numerous amend- Printed on 100% recycled newsprint, cover 40% recycled paper, all soy-based inks constant fire hazard” due to Willa Mays the large quantities of oil and ments attached to the 2011 Federal Budget all attempted About the cover other pollutants smothering ThenThen NN ww to eliminate the EPA’s ability the surface. The ‘69 fire, which A birds-eye view of the destruction in P.S. - Go to AppVoices.org to sign up for action alerts && the wake of the 1972 Buffalo Creek slurry nearly destroyed two railroad to regulate federal clean wa- flood that killed 125 people and left more bridges, was not even the larg- A History of Clearcutting..... p. 10 ter and other environmental than 4,000 homeless. Photo courtesy of est the river had endured. laws and remove barriers to West Virginia State Archives Sadly, the problem was not Nuclear Confusion...... p. 12 repeating mistakes of the past. Forty years ago, it took a contained to the Cuyahoga. Revisiting Buffalo Creek...... p. 14 Due to lax water regulations, flaming river to spur our na- industrial pollution at the time Sewanee Coal Seam...... p. 17 tion to protect its waterways. was rampant in streams and What will it take today? lakes. Bacteria levels in New Reclaiming the Law...... p. 18 Pollutant found that, “on average, three ------York’s Hudson River were 170 Natural Gas...... p. 20 times more mercury is falling from the Become A Mountain Protector Today times the safe limit, and Lake sky today than before the Industrial In This Issue Erie was, according to the same Revolution 200 years ago,” and a 2009 In this special issue of The Appa- Join our sustainable giving program for as little as $10/month article in Time, “in danger of dy- Carl Pope of the Sierra Club told PBS EPA study found that tissue in game lachian Voice, we explore several envi- and help Appalachian Voices continue working to block bad bills ing by suffocation.” journalist David Brancaccio in an 2004 fish exceeded health-based limits of ronmental problems that have played a on the Hill (and in state legislatures) that would undermine the An environmental senator from interview, “For the first time since the mercury in 40 percent of U.S. lakes. significant role in Appalachian history EPA's attempts to protect our water. Maine led the charge on the 1972 federal Clean Water Act was passed…EPA New threats arose in the 2000s since the 1970s, including the issues bill, and despite a veto from then-Pres- reported last year that America’s wa- as well. A massive spill from a Harri- surrounding coal — such as the sludge ident Richard Nixon — overridden by terways are getting dirtier.” Name of Member______man, Tenn., coal-fired power plant into disaster that killed 125 people in Buffalo both houses of Congress — forty years In the 2002-2003 study Brancaccio the Clinch and Emory rivers in 2008 Address______Creek, W.Va., forty years ago this month ago the Clean Water Act was born. referenced, 39 percent of the nation’s prompted the EPA to investigate toxic City______State______Zip______and the coal impoundments that still Flash forward to the present, and streams were listed in “poor biological coal ash — an arsenic-laden byproduct of plague Appalachia (see p. 14) — and the Phone______E-mail______we see a country struggling once health.” That number rose to 42 percent burning coal that has to date been treated management of our region’s national Make me a Mountain Protector (monthly contirbutor) at $______/month ($10 minimum) again with laws governing the health in the agency’s 2006 report, with 55 per- as no more dangerous than household forests. Some articles indicate that we For one-time contributions, visit our website at www.AppalachianVoices.org/donate of our national waterways. Make no cent of streams in Southern Appalachia garbage. EPA efforts to regulate coal ash have made progress, others expose the MC/VISA #______Expiration date______mistake, the nation’s rivers and lakes receiving a “poor” rating. have received tremendous backlash from problems that have kept us in the past. Signature______are far cleaner than they were pre-1972, Mercury pollution has also expe- industry groups and pro-coal representa- All present a revealing look into how when drinking water standards were rienced a dramatic increase. Scientific tives in Congress. Appalachia has been a ground-zero for ❑ I prefer communications electronically ❑ I prefer all my updates electronically, non-existent and wholesale industry findings by the Eighth International In fact, since 2010 and the start of Join Online: but The Voice still delivered to my door including The Voice (email required) resource-related issues (email required) straight-piping commonplace. But as Conference on Mercury as a Global the 112th congressional term, industry-

appvoices.org/Protect-Our-Mountains Mail to: Appalachian Voices • 191 Howard Street, Boone, NC 28607 February/March 2012 | The Appalachian Voice | Page 3 Hiking the Highlands Plant your Feet on the Battleground Blood Mountain, Georgia

By Robert Sutherland Blood Mountain Summit Trail Google “Blood Mountain” and you’ll find enough fodder for any arm- Where — Located 30 minutes north of Dahlonega in the ously memorable mountain. heart of Chattahoochee National Forest and the north- If you spend the night at chair traveler. But like any other escape ern Georgia mountains, and 25.6 miles up the Appala- to the outdoors, Blood Mountain cannot chian Trail from Springer Mountain, Ga. the summit, you might dream of the struggles of the famously be appreciated online. Length — 2.5 miles mighty mice who dwell within Named for a battle waged nearby Elevation — 4,458 feet the ruggedly handsome stone between the Cherokee and Creek In- DIFFICULTY — Moderate to Strenuous shelter constructed by the Ci- dians, Blood Mountain is the highest GETTING THERE by Car — US 129 - 19 to Union, Ga., peak on the Appalachian Trail in Geor- Neels Gap / 3 miles south of Vogel State Park entrance vilian Conservation Corps in gia, and the sixth highest spot in the - Parking available at Neels Gap off Highway 129. the 1930s and restored by the state. The mountain majestically graces Georgia Appalachian Trail Club Above: Listed in the National Registry of in the 1980s. northeastern Georgia’s Blue Ridge memory, a group called Right To Hike, Historic Places, the famous Blood Mountain Perhaps you’ll find inspiration from Mountains, peaks included as part of stone shelter welcomes hikers at the summit. Inc., was created. The group works tire- the shoes in the trees, tossed there by the American colonies by King George Bottom: At the Blood Mountain trailhead, “thru- lessly to keep trails safe by purchasing hikers” leave their boots behind to celebrate “thru-hikers” after trekking the more III when he defined the boundaries of emergency solar and wireless phones completing the 2181 mile Appalachian Trail. than 2,000 mile Appalachian Trail. England’s occupation in 1763. for greenways, parks and trailheads Photos by Robert Sutherland Tie your boots tight and take off The southern sections of the Blue and encouraging hikers to defend them- up the steep and rocky trail. It may be Ridge Mountains enjoy one of the much better than showing a dry garden selves and protect others. a challenge for beginners but the path world’s most botanically rich mixtures a picture of rain. You must hike Blood Hike a Piece of History is well-worn and easy to follow. The of temperate climate plants, with north- Mountain to see for yourself. There are no gurus atop Blood views waiting at the summit are worth ern species mixing with their southern Hiking Blood Mountain is more Mountain purporting to have answers every step. kin. Once alpine tundra, the ridge line like a team sport than lonely immersion for your soulful questions. It’s easy, In truth, the wilderness area sur- of Blood Mountain is now blanketed in into the wild. If you’re not in the best however, to find families, Boy Scout rounding Blood Mountain is 7,800 acres Catawba rhododendron, mountain ash physical shape, you can still make it to troops, friends – and the occasional man of peaceful pulchritude. Hike beautiful and dwarf willow. the top – although you’ll be surprised asking his girlfriend to retrieve a trea- Blood Mountain. Plant your feet on Along the trail to the summit, a by how many “old” people pass you sure hidden in her backpack so that he the summit, and take a stand for your variety of rock await the amateur and along the way. Before you hit the strenu- can propose to her in a most gloriously health and for the right to hike safely expert geologist alike. Hikers will pass ous sections of the summit trail, spend memorable moment on a most glori- in Appalachia. over low-to-high-grade metamorphic some time taking in one of the most rocks, including igneous deposits of celebrated portions of the Appalachian Corbin metagranite, Fort Mountain Trail’s southern reaches. gneiss, mafic and ultramafic rocks, and Unfortunately in 2008, the trail Proterozoic and Paleozoic sedimentary gained some notoriety when a woman rocks. named Meredith Emerson was mur- Trivia about the trail, however, isn’t dered while hiking alone. In Meredith’s

Page 4 | The Appalachian Voice | February/March 2012 A Preventable Tragedy– No. 9: The 1968 Farmington Mine Disaster

By Jeff Deal created the company’s earnings. and later investigators knew to be The book generously details the patently false. Some employees of the Ninety-nine Americans were work- lead-up, disaster and aftermath of the mine were instructed by Consolida- ing in the No. 9 coal mine just north tragedy. Stewart carefully exhibits the tion Coal not to cooperate in the state Naturalist’s Notebook of Farmington, W.Va., on the morning lax and sometimes irresponsible and federal investigations seeking of Nov. 20, 1968 — but only safety record of the West Vir- to determine the cause of the initial 21 would return safely Bears, Body Rhythms and Boundaries Typical female black bears weigh between 90 ginia mine, right up to the explosion. The retrieval of the victims and 300 pounds, and males can weigh up to to loved ones and the last safety violations the bodies took years; 19 miners were 500 pounds. A male that weighs 500 pounds in light of day. And of By Molly Moore NASA scientists interested in humans’ mine received — just 24 never recovered. fall can lose 100 pounds during the winter. the 78 individuals that capacity for long-term space travel. And, days before the deadly ex- It’s a feat that no rational human died from the coal mine After reading Stewart’s reveal- although their body temperatures drop, plosion. These violations would attempt. A person who laid es- ate student at West Virginia University, explosion, or by suf- ing account of the tragedy, one real- black bears don’t go into a deep hiberna- included unsafe roof areas, sentially dormant for up to six months is studying whether female black bears focation from the toxic izes that if the disaster had resulted tion sleep like some species. poorly maintained equip- without urinating or defecating would are using active coal mine sites, which levels of gases present af- from the careless actions by one or Pregnant females always find a ment capable of triggering probably die from elevated levels of are inaccessible to hunters, as sanctuar- terwards, 19 would remain more ordinary citizens, it’s unlikely place to den for winter, as most black explosions, airways that weren’t nitrogen and other wastes. If not, that ies during hunting season. forever buried in the mine. the persons could have escaped a bears will when the food supply dries properly supervised and dangerously person would at least show signs of Using GPS data that Christopher Bonnie Stewart’s Book, No.9: The conviction of second or third degree up for the season. But when there is exposed electrical wires. Stewart con- muscle deterioration upon stirring. But Ryan collected between 2006 and 2008, 1968 Farmington Mine Disaster, is a murder. It is more upsetting still to winter forage available, male bears and veys testimony by employees and not hibernating black bears. Daniel is mapping the bears’ home marvel of cogent narrative. The techni- see a coal company virtually par- “[Black bears] wouldn’t have to go females with yearlings will stay out survivors describing how miners who doned for the deaths of 78 Ameri- In Appalachia, bears mate between ranges in four southern West Virginia cal subject matter concerning coal min- through some physical therapy, they and gorge themselves instead. reported safety issues were “rewarded” cans through legal maneuverings May and September, with peak breed- counties and comparing those home ing techniques and the investigations would just come running out of that Ryan says that 2010 was a bumper with the most arduous and hazardous and political contributions paid ing season toward the end of June and in ranges to two active mine sites. At the of state and federal agencies into the hole if necessary,” says Christopher year for acorns in West Virginia, so a lot duties the mine had to offer. for by the earnest labor of the victims. early July. A female will avoid releasing two mines being studied, most mining deaths of 78 people is clear and easy Ryan, supervisor of game management of bears stayed active. There wasn’t as The contemptible treatment of the Would not this money have been better an egg until she has mated, to maximize is occurring underground, though there to follow. The reader is free to explore, services for the West Virginia Division much food this winter, so most bears miners’ families and loved ones by the spent correcting the safety deficiencies her odds of having cubs. And, no matter are some surface disturbances. sometimes in near disbelief, how Con- of Natural Resources. have remained in their dens. coal industry and their all-too-powerful within the mine that were known to Black bears have also found a way when she mates, the fertilized egg will Daniel’s initial data suggests that solidation Coal Company recklessly The ability of black bears to hibernate legal and political machine, skillfully Consolidation Coal? to integrate hibernation into their repro- wait until mid-December to implant. the females living on the mine sites are pursued profit by knowingly disregard- without developing osteoporosis or elimi- related by the author, was painful to The book’s most heart-rending rev- ductive cycles. That way, the six-week gestation period concentrating their movements within ing safety standards and labor laws nating waste has caught the attention of read. Governor Arch Moore, (later found elation: Nearly all, if not all, coal mine coincides with the winter den season. the mine boundaries, particularly when and eventually perverted the justice guilty of corruption) assured the public disasters and fatalities are preventable Those special reproductive traits compared to the broader ranges of black system of the United States in an effort that the disaster was a freak accident, when human safety and well-being is come in handy in areas where there bears in the other counties. His study to maximize profits at the expense of something the workers in the mine placed before coal production and profits. are few potential mates, but in West will analyze whether the females on the Americans whose labor originally Virginia, a state with about 10,000 black the mines extend their ranges at differ- bears, species scarcity isn’t a problem. ent times of year, such as the summer In 1999, Ryan says, complaints of months when there is no hunting. Book Club Mini-Review nuisance black bears were soaring in the Certain traits, such as black bears’ It’s Not My Mountain Anymore Used, state, mostly in the southern counties. In selective hibernation and induced ovu- A novel full of passion, soul and Rare & Out response, the state initiated early bear lation, are evolutionary adaptations to WAMY Community Action’s Weatherization powerful writing, It’s Not My Mountain hunting seasons in 2002 to entice hunt- the challenges of winter food supply of Print Books Anymore by Barbara Woodall tells a tradi- Program is accepting applications for FREE ers to the area. Bear harvest numbers and the availability of mates. But, if tional story of grow- Specializing in comprehensive energy efficiency improve- increased, but the population didn’t Ryan and Daniel’s hypothesis proves Books about Black ing up in the heart of drop as much as expected. true, it would seem to suggest that black Mountain College ments for your home, including insulation, Appalachia. The sto- Josh Daniel, a wildlife manager at bears are also cleverly adapting to a air sealing, and a heating system tune-up. ries of her upbring- Cooper’s Rock State Forest and a gradu- human-impacted landscape. Most limited-income households qualify. ing and path toward Applications are available on our website or becoming a journalist are enthralling, and by contacting/visiting one of our 4 • Delicious Deli-Style the author bears wit- WAMY offices in Watauga, Avery, Sandwiches ness to the toll the Mitchell, or Yancey counties. Appalachian Mountains are taking due • Homemade Soups to development and economic change. Woodall’s tone is powerful and hope- • Vegetarian Fare ful, making the reader put down the book and wonder, “What can I do to help?” Jean & Carl Franklin Powered This is the type of read that will have by (PV) • and Much More! 103 Cherry Street Solar Cells anyone hooked until the very last page. CONTACT WAMY COMMUNITY ACTION FOR MORE INFORMATION: Black Mountain, NC 28711 Read the full review by Madison (828) 669-8149 www.wamycommunityaction.org or 828-264-2421 240 Shadowline Drive, Boone, North Carolina Hinshaw at Appvoices.org/thevoice. [email protected] (828) 262-1250 • www.Peppers-Restaurant.com Page 6 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 7 cross Appalachia cross Appalachia A Environmental News From Around the Region A Environmental News From Around the Region SELC Releases Top Ten Endangered Places List, Shows Threats in Southeast Wright Bros, Georgia DOT Fined $1.5 Million for Clean Water Violations By The Numbers By Madison Hinshaw fracturing, the controver- lottesville, Va., and proposed $650 million reservoir that By Madison Hinshaw from GDOT, buried seven primary trout ditional cost of $1.35 million to offset sial natural gas drilling in Chilhowee Moun- would drain 100 million gallons of streams in northeast Georgia. GDOT impacts to waters of the United States The Southern Environmental Law The U.S. Environmental Protec- method that has been tain, Tenn. Chilhowee water from the Etowah River each day hired Wright Brothers to dispose of that cannot be restored. The credits 2,300 Center recently released its fourth- tion Agency and the U.S. Department linked to groundwater Mountain is part of to support Atlanta’s increasing water excess soil and rocks during two major must be purchased from mitigation Square miles of Appalachia surface annual Top 10 Endangered Places list of Justice will require Wright Brothers mined between 1977 and 2010 contamination and other Tennessee’s Chero- supply needs. Alabama’s coastline is highway expansion projects. More than banks servicing the area where the for 2012, highlighting the ecologically Construction Co. and the Georgia De- environmental and health kee National Forest and on SELC’s Top Ten list for a second year one million cubic yards of excess rock violations occurred. and culturally rich areas throughout partment of Transportation to pay $1.5 concerns. known as a destination for outdoor because of the potential recurrence of and soil were improperly disposed of, The EPA is also requiring that the Southeast that are threatened by million in fines for violations of the In southwestern Virginia and east- lovers around the country. spills like the 2010 Deepwater Horizon impacting approximately 2,800 linear Wright Brothers remove the piping and development, water issues and the Clean Water Act between 2004 and 2007. 9 billion ern Tennessee, mountaintop removal Southern states such as South explosion — the largest offshore oil spill feet of streams. restore the bed and banks of a 150-foot environmental impacts of mountain- One of the largest fines ever assesed Permitted gallons in the Brushy and other destructive coal mining prac- Carolina, Georgia and Alabama are in U.S. history. Under the settlement, Wright Broth- stream channel that was impacted by top removal and hydraulic fracturing. under the CWA, the complaint states Fork coal impoundment in Coal tices have already destroyed at least 500 experiencing severe environmental SELC is the largest environmental ers and GDOT must purchase 16,920 their disposal activities. The estimated Southeastern states bordering Appa- that Wright Brothers, with approval River Valley. If the impoundment mountains and damaged 1,700 miles threats as well. The Savannah River, organization focused exclusively on mitigation credits at an estimated ad- cost of the restoration is $25,000. lachia, North Carolina, Virginia and were to break, the Mine Health and of streams in Virginia, Tennessee and which stretches from South Carolina the South.Their major programs cover Safety Administration estimates Tennessee, are each featured in the list. other Central Appalachian states, and to Georgia, could lose many aquatic clean energy, transportation and land that 998 people in downstream The Catawba-Wateree River sys- pressure continues to mount. On the habitats as the Army Corps of Engineers use, southern forests, the coast and N.C. Proposes to Develop Offshore Wind Energy with Governor’s Support communities would be killed. tem, originating in the Blue Ridge Virginia coast, decades of pollution in plan to deepen its shipping channel. wetlands, and preservation of rural Mountains of North Carolina and pro- By Madison Hinshaw could generate a yearly average of City, N.C. The project is currently on the Chesapeake Bay estuary has created The Dawson Forest, located just countryside and community character. 20,000 megawatts of power. The report hold because no utilities have offered to viding drinking water for over a million A 15-member panel, including dead zones incapable of supporting north of Atlanta, is threatened by a says that, although producing wind en- enter a long-term deal to fund the $600 people, has been negatively impacted North Carolina Governor Bev Perdue $1 dollar aquatic life. ergy is expensive and would raise costs million wind farm. by the presence of coal ash in leaky has stated wind energy projects along Amount saved per ton of coal by Plans to construct and renovate for ratepayers along the coast, it would unlined ponds along major tributaries. Spruce Pine Residents Reject Proposed Re-Zoning North Carolina’s coast provide vast Iberdrola acknowledges the dif- creating slurry instead of using highways have disrupted many dis- provide long-term benefits in producing ficulty in investing in long-term power safer technology like dry filter In the Piedmont region, lawmakers By Meg Kerwin for more than $1 million without the ap- potential for clean energy production. A tinguished recreation spots in Char- pollution-free energy. supply deals because natural gas prices presses in coal preparation plants. are considering legalizing hydraulic propriate zoning needed, and expressed report released by the Governor’s office A group of concerned residents in Iberdrola Renewables Inc., the sec- in the U.S. are at a ten-year low. A poor concern over the possibility that the re- said the state’s coast had the largest off- Spruce Pine, N.C. attended a town hall ond largest wind operator in the U.S. economy has complicated efforts by wind zoning decision had already been made shore wind resource on the East Coast. meeting on Feb. 13 to express discon- has proposed a 300-megawatt project developers to secure deals with utilities by the town council. According to the panel, areas in tent with a proposed re-zoning of land called “Desert Wind” near Elizabeth that do not immediately need the power. 14.4% vs. 9.4% responsible driving doesn’t just At the town meeting, questions North Carolina suited for wind farms that would allow the disposal of bulk Comparison of cancer rates per about long-term health effects from feldspar and processed mineral waste capita among those living near mine tailing dust and the effect of in their community. mountaintop removal mining and mean driving safely. it also contaminated groundwater on the Friends of Smokies Receives $10,000 King’s Grant Causes Controversy In December 2011, Quartz Co., with those elsewhere in Appalachia. local booming trout population were Feldspar Corporation, purchased more from REI for Trails Forever Program Over Jackson River Rights answered by Feldspar with general means taking care of our planet. than 100 acres of land nestled in the The Friends of the Great Smoky Mountains National Park The developer of the River’s Edge golf community in promises of preventing negative and heart of Spruce Pine’s major residential have received a grant for $10,000 from the national outdoor Covington, Va., filed a civil trespassing lawsuit against three environmental and economic impacts. area, despite the acreage being zoned retailer REI. The grant will benefit the Trails Forever program, Virginia anglers fishing lawfully on a section of the Jackson “It is said that the mining wastes 2012 Ford Fusion Hybrid for residential use. Quartz/Feldspar Co. which supports trail improvements throughout the park. River that runs next to his land. are not dangerous, but no thorough has proposed using 35 acres of the tract Funds will help finance a new equipment trailer to transport Citing two different outdated land grants, the developer The Fusion Hybrid delivers up to 41 city mpg. reports have been proposed,” argued as a dump site for mine tailings from tools and supplies needed for trail improvement projects. The is claiming ownership of the section of the Jackson River. The Spruce Pine resident Cathy Sky. Like their area mines and mineral process Trails Forever program is a campaign effort by the Friends anglers cite a Virginia statute that is more than 200 years old, Cathy, many in attendance were wor- facilities. Without re-zoning the land for of the Smokies working to create a permanent fund for the that makes clear the beds of all rivers and streams “are the ried that the zoning review process is The 2012 Ford heavy industry, which would require Great Smoky Mountains National Park trail improvements. property of the Commonwealth.” being rushed and that the health and Fusion Hybrid is unanimous approval from the town Va State Parks’ 75th Anniversary Sets The three anglers accused of trespassing unloaded their safety concerns surrounding a mining able to get over council, the land could not be used for kayaks at a public access point and remained along the banks waste site within city limits are not be- Overnight Visitation Record 700 miles on a mining or waste disposal activities. of the river while fishing. ing fully considered. Contests, special events and near-record attendances high- tank of fuel. Many residents have questioned During a failed criminal trespassing lawsuit against the lighted the 75th anniversary of Virginia State Parks in 2011 and why a company would purchase land anglers, it was revealed that the developer’s land grants do resulted in record overnight visitation. A three percent increase not explicitly reference the bed of the Jackson River or men- in overnight attendance in state park cabins, campgrounds and New EPA Tool Points Citizens to Worst Polluters tion fishing rights when describing the property conveyed. lodges raised numbers to 1,055,875 visitors in 2011. The overall Concerned residents say the burden of proof has been In February, the U.S. Environmental Protection Agency released a tool designed attendance in 2011 of 7,836, 246 visitors was the second highest Alfred Glover’s Boone Ford Lincoln put on the shoulders of the three anglers and are asking all to help users find out who is discharging pollutants, in what amounts and where in Virginia State Parks’ 75-year history after its record high of 828·264·6111 fishermen, hunters and paddlers to contact Attorney General they are being released across the United States. The Discharge Monitoring Report 8,065,558 in 2010. Virginia State Parks say that by attracting visi- www.boonefordlm.com Ken Cuccinelli to support ability of the people of Virginia to Pollutant Loading Tool allows individuals to browse EPA data from 2007 to 2010 to tors from in and out-of-state, they provide economic stimulus to 300 New Market St. Boone, NC 28607 identify the facilities contributing the most to the pollution of surface waters. The tool fish, boat, and recreate in these rivers. the state, through the purchase of local products and supplies. is available online at cfpub.epa.gov/dmr.

Page 8 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 9

828·264·6111 300 New Market St. Boone, NC 28607 Forests continued A tract in Pisgah’s Grandfather Ranger Is There A Kumbaya Moment District was the East’s first National Forest. Today the Globe area adds cuts ultimately and amicably amended verdant rippling vistas to a drive on the ThenThen NN ww — with a significant emphasis on serious && Coming for the National Forests? Blue Ridge Parkway. Photo by Randy “restoration” of wildlife habitat — some Johnson By Randy Johnson By late May 1988, gaping tim- argue that the event prompted a new ber cuts were visible in Pisgah ethos of Forest Service management in As wildflowers and buds break Despite the apparent agree- National Forest under the Linn the Southern Appalachians. out this spring in the Southern Appa- ment on some basic principles, Cove Viaduct on the newly- One of these proponents is Gordon lachians, hope that a greener fate for Prater says, “Restoration is a new opened Grandfather Mountain Warburton, a supervising wildlife bi- federal forest lands will bloom as well. philosophical approach, but it portion of the Blue Ridge Park- ologist for the North Carolina Wildlife On Feb. 9, 2011, the U.S. Forest Ser- has a long way to go. Clear cuts way. Votes of opposition came Resources Commission. Warburton’s vice and a handful of public and private are out, but for the folks who from chambers of commerce tenure at the Commission began in collaborators — not all of them very col- wanted clearcutting — and there and tourism organizations. the early 1980s with the release of laborative in the past — announced a ten- are serious pro-timber folks still While travel ads for Asheville, the Peregrine falcons on Grandfather year, $4.5 million plus effort to “restore” there — even ecological restora- another state tourism hot spot, Mountain. Since then, he has worked the forest landscape of Pisgah National tion has been a tough pill to swal- pictured the city’s watershed on many other projects including the re- Forest’s Grandfather Ranger District. low. We’ve changed, the Forest forests — a clearcut had crept generation of wild turkey populations. In the Blowing Rock area of western Service is changing, but it has a into the pristine scene of the “There’s a brand new Forest Service out well in the end,” Hilliard said. “The version of “Kumbaya” together around North Carolina, where the Grandfather way to go.” North Carolina High Country. there,” Warburton says. “The agency biggest lesson I learned is that you need a campfire. There’s always hope. District has seen its share of controversy, That’s where the new restoration Outrage ensued. had a problem in the 1980s, with legacy to take time to work through issues that Randy Johnson’s articles published in The Mountain the move is seen as a harbinger of hope. The disastrous late 19th project in the Grandfather District, an- and early 20th century logging, and they live with that. We (the people feel passionately about. Some- Times on the late 1980s clearcutting controversy As recently as 2006, a dispute Logging and tourism had squared nounced in February of last year, comes clearcutting of the Southern Commission) used to ask that they hold times you have to slow down to make won first place N.C. Press Association Awards for erupted over the size and visibility of off, and the scenic status of the Blue Ridge in. There is significant money to be Appalachians destroyed one back on some of their land disturbance sure that things are done right.” Investigative Reporting and Community Service. timber cuts in Pisgah National Forest, Parkway was at the heart of the debate. spent on projects that reduce invasive The Wilderness Society said the series “influenced of the world’s most precious activities. Today, they’re almost solely No one knows for certain, but just below the tourism town of Blow- It’s extremely difficult to argue that ecosystems. The 1911 non-native species, increase forest spe- national policy,” and the N.C. Press Association focused on ecological restoration. Glar- perhaps the time will come soon when stated that the articles were “clearly of national ing Rock. But the “grandaddy” of all the Forest Service even considered scen- passage of the Weeks Act cies diversity, treat important stands of gave the US Forest Service ing timber cuts have gone away.” all groups involved will sing a rousing significance.” Visit www.randyjohnsonbooks.com. timber controversies exploded in 1988 ery in 1988, when glaring timber harvests hemlocks against the hemlock woolly the chance to start heal the When Warburton hears “the desig- in this same area. That battle and the appeared directly below the final link adelgid, enhance habitat for the rare wounds. Photos courtesy of nation ‘national scenic area, it makes me following debate over clearcutting al- of the Parkway at the same time it was golden-winged warbler and introduce Randy Johnson think that very little forestry will be per- tered the course of forest management opening to the public. Gary Everhardt, controlled fire into areas where fire is Parkway Superintendent at the time, mitted, and that’s not good,” he says. “You practices not only in the east, but the the Parkway’s via- part of the natural ecosystem and fuel didn’t like the clearcuts — neither did the need to put on your ‘wildlife glasses’ and entire United States. duct may now be loads are now dangerously high. citizenry urging towns and organizations see that most of our forests are 80-90 years forgotten, but the Groups joining the Forest Service in A Clear Cut Issue to vote for resolutions of opposition. old, and that’s bad for a lot of wildlife and that agreement include the N.C. Wildlife viewshed of the Parkway — and the eco- position of the 2006 timber sale. Research Timber conflicts first surfaced in Since the 80s, clearcutting has for the diversity of the forest.” Resources Commission, The Nature Con- nomic importance of scenery in general by conservation groups revealed that the 1970s when massive clearcuts in become an ever-smaller part of Forest Even with smaller and fewer timber servancy, Wild South, the Southern Ap- — has not been. If anything, Appalachian the sale included “old growth” tracts West Virginia’s Mononghela National Service timber harvest methods, in cuts on national forest land, and grow- palachian Forest Coalition, The Southern conservationists and tourism promoters containing trees up to 300 years old. Forest prompted congressional action part due to protections ushered in by ing timber harvests on private land, Forest Network and the Western North consider the protection of mountain By summer 2010, Candice Wyman, that mandated the now routine forest the Endangered Species Act. Ensuing Warburton says, “that’s not enough. Carolina Alliance, among others. scenery more critical than ever. then acting public affairs officer for U.S. planning process. years have seen ongoing reductions The American Birding Conservancy “This collaboration between the In 2006, timber cuts were again National Forests in North Carolina, By the 1980s, many forests had of- in timber harvesting on Forest Service says that young forests are one of the Forest Service and the community is planned for the Globe, an area of Pisgah announced a “collaborative process” fered timber management plans, but land in general, and a dramatic rise in top twenty most endangered habitats new, and it’s an awesome emergence National Forest near Blowing Rock, re- with conservationists that successfully the continuing role of clearcutting had logging on private land. for birds in the Eastern United States.” from controversy to a new age of kindling logging fears and it’s potential achieved a “redirection” of the timber brought challenges from the public. The clearcuts of the 1980s beneath “There’s a new kid on the block,” forestry,” Prater says. “This is a great negative impact on the Parkway and sale — including a reduction in log- he says, “and it’s a philosophy called reflection that the future holds a focus area tourism. ging area acreage from 212 acres to 137. ‘ecological restoration’ of habitat — on regenerating ecological diversity and When new timber cuts were an- Though no clearcuts were proposed, and that takes being able to introduce working with local communities.” nounced, the U.S. Forest Service han- preservation groups were ecstatic that disturbance.” dled local public input in a fashion that “The Forest Service is a resource the Forest Service eliminated “old Increasingly, conservationists and led some to seek permanent guidelines extraction endeavor, after all,” he says, growth” trees from the harvest and forest managers share the same priori- to protect scenery. Conservationists, “but the Obama Administration is fund- pledged to reduce the visibility of the ties, says Ben Prater, associate executive spearheaded by the grassroots organiza- ing this effort and it’s a marquee project cuts with in surrounding areas. director of Wild South. Prater maintains tion Wild South, called for designation for our region.” New Ethos of Forest that national scenic areas have flexible of a 25,500-acre area below Grandfather When Marisue Hilliard recently management guidelines and that the Mountain to be permanently protected Service retired as forest supervisor in North original draft of the legislation proposing as a National Scenic Area. Despite the success, the National Carolina, she said one of the things she the Grandfather National Scenic Area Scenic Area proposal for the Grandfather was most pleased with was the eventual Despite the passage of resolutions by explicitly allows for management that Visit our website at: District appears unlikely to overcome end result of the Globe timber sale. local and county governments supporting benefits wildlife and ecological restora- formidable political hurdles. Neverthe- “While the timber sale was contro- www.therefugefoscoenc.com the designation, the movement stalled. tion, including the use of prescribed fire. The emphasis then shifted to the op- less, with plans for the Globe timber versial at first, I believe it worked out Or call 1-800-667-0805 and We’ll Arrange the Fly!! Page 10 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 11 Nuclear continued substances handled by Nuclear Fuel culture.” But each issue, NFS says, has of Sciences announced a study to track Nuclear Confusion certain cancers, respiratory problems Services have proved riskier than the been handled adequately; pumps have cancer rates near nuclear facilities. If The Complicated History of the Atom in Appalachia and kidney disease among people living company admits. A suit filed in June kept Tc-99 from reaching the river, con- a definitively higher rate is proven, it near uranium mines. 2011 alleges personal injury, wrongful taminated soil has been removed and could prompt “radical changes” to reg- By Paige Campbell Meanwhile, North Carolinians are re- death and property damage. the plutonium site is encased by a tent. ulations, said chairperson John Burris. Nuclear Fuel Services, Inc. sits on 66 ThenThen NN ww visiting the topic of nuclear waste. During The Nuclear Regulatory Commis- Yet claimants say their long-term ex- Of course, pinpointing a cancer’s acres between the Nolichucky River and && the late 1980s, Sandy Mush, near Asheville sion acknowledges problems at NFS, in- posure to radioactive material, including trigger is notoriously difficult, Burris the south end of Erwin, Tenn. This part of Erwin is the very picture of a small, in the southwest corner of the state, was cluding a six-year output of radioactive material NFS is authorized to release, has said, so the study will be a long-term one. blue-collar town. Within a quarter-mile of the fence surrounding the industrial evaluated as a potential federally-man- technetium-99 into on-site groundwater, caused cancer rates to soar. While regula- To many in Erwin, though, the connec- site, there’s a volunteer fire department, an IGA grocery store, a United Steel aged disposal site during a process that soil contamination at former waste la- tors insist the radiation output in Erwin tion is already clear. They say the diag- Workers union hall and a tiny white church, its sign out front urging the faithful provoked significant public opposition goons and burial trenches and long-term is within a safe annual threshold, others noses, including those in children with to “Take Time to Pray.” And there are houses — simple, single-story wooden and ultimately resulted in the selection of cleanup needs at the site of a decom- argue that there may be no such thing. adult-type brain tumors and patients homes, tidy and lively but showing their age. Nevada’s Yucca Mountain instead. missioned plutonium building. More “Even a single particle of ionizing with three or more separate cancers, are Block after block of residential streets file up the hillside above the NFS com- When Yucca Mountain was recently recently, a uranium accident prompted radiation is capable of causing the too numerous to be coincidental. plex, wedged since 1957 between Carolina Avenue and what is now Interstate 26. deemed unsuitable, the federal Blue Rib- fines and a temporary shutdown when genetic damage that could result in For Park Overall, whose property Considering the magnitude of what happens at the plant, it is striking to encounter bon Commission on America’s Nuclear an NRC investigation found enough vio- cancer,” Edwin Lyman of the Union of sits downstream from NFS, the lawsuit it here. NFS processes highly enriched uranium for the U.S. Navy’s nuclear- Future was tasked with proposing lations to constitute a “deficient safety Concerned Scientists told Discovery is only the latest chapter in a two-decade powered submarines and air craft carriers, and does it in the middle of town. a new waste disposal strategy. News in 2010. “But the risk is fight for answers about not just the plant’s This is a residential neighborhood with one very imposing neighbor. During World War II, women monitor control panels at the Y-12 plant in Oak Ridge The Commission’s 2011 report proportional to the dose.” And output of hazardous substances, but also (above), where uranium ore was refined to make atomic explosives. Workers toiled in did not suggest alternative sites, the NRC-established threshold bigger-picture issues of oversight. How, secrecy without ever knowing the machinery’s purpose. Below, one of the giant magnetic but representatives of the Nuclear does not vary according to age or she wonders, could the facility still be in Even as sustainability-minded folks Services began creat- calutrons used to enrich uranium at the Y-12 plant. Photos by Ed Wescott, American Information and Resource Service weight, Lyman added. operation after so many problems? Museum of Science and Energy. Inset icon by TheNounProject.com find consensus on the need to pivot away ing it, choosing Erwin believe that North Carolina’s At an October 2011 meeting “The industry is out of control,” from fossil fuels, opinions are divided on partly for its proxim- favorable geologic features could in Erwin, the National Academy says Overall. And on the ground in what to pivot toward. Some support the ity to Oak Ridge. By nuclear power grid as it emerged. 1979 meltdown at Pennsylvania’s Three bring attention back to Sandy Erwin, the struggles of residents to be expansion of nuclear power and urge the early nineties, NFS was But recently, certain restrictions Mile Island, domestic nuclear plants Mush. And a waste site, they say, A welcome sign and a Nuclear Fuel heard louder than the industry echo so skeptics to embrace nuclear as the most also developing techniques have been revisited. have been consistently safe. would bring risks to public health. Services satellite office greet residents many past struggles across Appalachia. suitable “bridge fuel” toward a carbon- to “downblend” weapons- A 1984 Kentucky law banned “There have been commercial Back in Erwin, some 170 and visitors as they enter Erwin, Tenn. “We’ve been a sacrifice zone,” she says. Photo by Paige Campbell neutral future. But others stand in vigor- grade uranium into fuel for commercial nuclear power plants in the state plants operating in the United States for residents have claimed that “And it’s shameful.” ous opposition. Greenpeace International, reactors. until a permanent federally-managed more than 50 years,” said Tom Kauff- for instance, calls nuclear power, which According to the company’s web- disposal facility could be established. mann of the National Energy Institute currently supplies about 20 percent of site, this technology is a win-win and No facility exists, but for three years in a 2010 Discovery News interview. U.S. energy, “an unacceptable risk to the eliminates risks posed by leftover Cold in a row state senator Bob Leeper has “After all of those years and experience, environment and to humanity.” War-era materials while supplying do- introduced legislation to lift the ban. there have been no deaths or negative In Appalachia, where the legacy of mestic power plants (representatives Leeper’s district is home to a uranium health effects linked to the nuclear coal hangs over every conversation about declined to be interviewed for this enrichment plant, and he sees clear power plants in the public.” energy, the possibility of nuclear expan- article). Yet many citizens of Erwin, economic benefits in allowing a reactor But chronic mechanical problems at sion brings complexity. In some commu- concerned about the health and safety there as well. some older plants raise concerns about nities, it also brings a prospect already implications of having a nuclear pro- Even after worldwide trust in long-term maintenance. At a Vermont familiar to the region: the unwelcome cessing plant in their backyards, have nuclear safety soured following Japan’s plant, a 2007 cooling tower collapse and responsibility of playing host to some of raised the same questions — about Fukushima disaster in March 2011 (with various leaks convinced state officials to the energy industry’s unsavory realities. waste storage, soil and water con- U.S. public approval of new plants recommend decommissioning the reac- AMPC In 1942, a momentous chapter in tamination, and oversight — that have dropping sharply, and some nations tor. They took their case to federal court America’s early nuclear history began dogged the industry for decades. planning to abandon nuclear entirely), — unsuccessfully — and the Nuclear to unfold on the western edge of Ap- Such questions prompted some Leeper vowed to try again in 2012. “We Regulatory Commission granted a 20-year palachia, where the instant city of Oak state legislatures, including Appala- don’t get tsunamis in Kentucky,” he told extension to the facility’s license anyway. Ridge, Tenn., was built to house the chian states, to place restrictions on the the Lexington Herald-Leader. In Virginia, where commercial reac- nearly 75,000 employees of the Man- West Virginia also banned nuclear tors already operate, legislators are pre- hattan Project. Within three years, the plants in 1996. But since 2009, State paring to consider another facet of the in- complex had created the nation’s first Senator Brooks McCabe has proposed dustry in 2013, when it will reevaluate the atomic weapons, including the two changing that. He envisions an energy state’s 30-year ban on uranium mining. dropped on Japan to effectively end plan based on domestic sources, includ- One mining company, eyeing Pitt- the Second World War. ing renewables like wind and geother- sylvania County with its rich deposits The technology developed in Oak mal; and yes, he told Beckley, W.Va.’s of yellow-cake uranium, promises 300 Ridge changed the face of warfare and Register-Herald, “nuclear will have jobs and healthy conditions for the later, commercial energy. When the some part [in] that equation.” community if the ban is lifted. But the U.S. Navy saw potential for nuclear Nationwide, proponents assert that Virginia Conservation Network sup- fuel to power its fleet, Nuclear Fuel despite well-known problems like the ports the ban, citing higher rates of

Page 12 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 13 saved. But even though the laws are on the books, a culture ThenThen NN ww Remembering of corruption, non-compliance && and the rejection of alternative According to Spadaro, by the time reservoir failure technologies have led to more occurred, three agencies were responsible in the state breaks, spills, and the necessity of Kentucky: the state’s Division of Mine Reclamation for advocacy groups who work to Buffalo Creek and Enforcement, the Federal Office of Surface Mining protect citizens. Forty years later, Those who cannot learn from history are doomed By Brian Sewell and the Federal Mine Health and Safety Administration. there are still lessons to learn from to repeat it. -George Santayana “Those agencies knew that that failure had occurred Buffalo Creek. and they knew that there was a minimal amount of rock “In West Virginia, history often repeats itself. Perhaps the fact that our history is so “It really did a lot of good between the reservoir and those mine workings,” he says. painful explains why it is so poorly understood.” - John Alexander Williams and most of the state agencies and After a similar event at the same impoundment in federal agencies were staffed with n the morning of Feb. 26, 1972, nearly 132 mil- ments are simply valleys dammed with coal 1994, Larry Wilson, an engineer at MSHA’s Technical Sup- competent geotechnical engineers lion gallons of water and coal waste rushed refuse, dry slurry — the very material that port Center in Pittsburgh, wrote a memo to the agency’s and hydrologists,” he says. “That “from Buffalo Mining Company’s slurry” is being impounded. district office in Pikeville, Ky. with nine recommendations is not the case now.” impoundments through Buffalo Creek Hol- A series of three dams were built on the toward fixing flaws in the impoundment, including the low, Logan“ County, W.Va. The flood coursed Middle Fork upstream from the Buffalo” Min- Past Practice and a revelation that as little as 15 feet of earth held up the res- Ithrough 16 coal mining settlements along the creek ing Co. tipple in the 1950s and 60s as Logan ervoir, a fraction of the recommended 150 feet. Culture of Corruption where hundreds of families lived, while children slept County continued to grow as one of south- On Oct. 11, 2000 it happened “They just completely ignored the recommenda- or watched cartoons as their mothers cooked breakfast. ern West Virginia’s prolific coal-producing again. Around midnight, a portion tions,” says Spadaro. “All the managers in the various In an instant their lives were washed away. counties. Dam No. 3, the largest, stood 60 of the reservoir basin of the Martin levels of these bureaucracies were simply not doing The company men of Pittston Coal called it an “act feet above the pond and downstream dams County Coal Corporation’s Big their jobs.” of God” below. When it gave way, the others col- Branch impoundment near Inez, In late 1994, Martin County Coal was granted a “People were in shock,” says Marty Backus, who was lapsed instantly. Ky. collapsed, inundating two permit to expand the impoundment. the news manager at WVOW Logan. “They just wanted Rushing through Buffalo Creek hollow, tributaries of the Tug Fork with 306 Once the heavy machinery moved in and recovery to find their loved ones, find safety and find shelter.” the slurry carried with it semi-rotten trees, million gallons of sludge. The EPA began, representatives from EPA region 4 held hearings Backus navigated the floodwater to Man, a town rocks and sediment. It ripped homes from called it the worse [environmental] in Inez to address residents’ concerns. McCoy remembers at the mouth of Buffalo Creek, after staying on-air for their foundations and swept up cars and disaster in the southeastern United an auditorium full of students being told that the sludge, a round-the-clock flood watch. He remembers vividly bridges until it finished three hours and 15 States, but luckily this time, no one and their drinking water, is safe because everything it walking up the valley toward the town of Saunders and miles later at the Guyandotte River, destroy- INSPECTING THE AFTERMATH: Residents of Buffalo Creek worried was killed. contains is on the periodic table of the elements. “It’s the broken dams. ing nearly everything in its path. When the constantly about the stability of the slurry dams upstream (above). Pittston Martin County Coal, a subsid- true,” the EPA representative reportedly said. “Go ask “The clouds were hanging low over the valley,” he physical chaos settled, out of a population managers assured downstream communities they were not in harm’s iary of Massey Energy, was quick to your biology teacher.” says.” People were walking of 5,000 people, way. After the disaster (below left), residents had few places to go — the McCoy’s wife, Nina, has taught biology at the school flood had destroyed nearly everything in its path. Photos courtesy of West dismiss fault. Taking a page from down the railroad tracks. 125 were killed, Virginia State Archives. the Pittston playbook, the company for 29 years. It seemed like hundreds of 1,121 injured, declared God had a hand in the “People have their buttons,” McCoy says. “That them. It was very quiet. Peo- and more than massive spill. But when Mickey was her button. That was the bomb for her and then ple weren’t talking at all.” 4,000 were left communities where their families live; his mission, to “They just ignored the law.” says Spadaro. “But the McCoy, a retired high school English we started looking into everything about the mining He saw familiar faces. homeless. enforce the laws already in place, and write new ones Public Service Commission and the prosecutor in Logan teacher and longtime Martin County resident, stepped industry.” When William “Tootie” Cart- Jack Spadaro was a where they were needed. County decided that since the dam was already built, onto the soupy sludge that came into his community, he The University of Kentucky Markey Cancer Center er, the head football coach at 23-year-old engineer teach- Spadaro began his investigation by interviewing they couldn’t do anything about it.” recognized it as an act of man. “That was one time you in Lexington has expressed alarm at the high cancer Man High School, emerged ing at West Virginia Uni- survivors, Buffalo Mining employees, engineers and Steve Dasovich, the vice president of Buffalo Mining, didn’t have to be Jesus Christ to walk on water,” he says. rates in Martin County, and many others in Kentucky’s from the fog, Backus ran up versity’s School of Mines contractors, recording them on a reel-to-reel in the Man, later admitted that during the construction of Dam No. Within days of the flood, Davitt McAteer, the head of 5th congressional district. “There’s something about this to him. when Governor Arch Moore W.Va. high school gymnasium — a building that acted 3, no engineering calculations were made and no outside MSHA during the Clinton administration, called some- region that we think is environmental causing this very “I said ‘Tootie, how bad formed a commission to as a makeshift morgue and a gathering place for families soil experts’ or hydrologists’ services were solicited. one he knew would not pull any punches. Jack Spadaro, high incidence,” the center’s director Dr. Mark Evers is it?’ He didn’t even ac- investigate the causes of of the missing. He dug through the records of the West Hours before the dam broke, it was Dasovich that who who had become the superintendent at MSHA’s Mine says. Markey Center research mentions the adverse ef- knowledge me.” the Buffalo Creek flood. He Virgina Department of Natural Resources and Public repeated told residents they were safe. Health and Safety Academy near Beckley, W.Va., joined fects of heavy metals such as arsenic and chromium in Before mined coal is was asked by the dean of the Services Commission, the Bureau of Mines, and the U.S. Still, some good came after the flood. By 1973, team leader Tony Oppegard in Kentucky to launch an the water and soil and pointed out that counties with transported to the market School of Mines and chair of Geological Survey. Before long, he began to uncover a Spadaro had joined the Department of Natural Resources investigation into what went wrong. the highest levels of heavy metals are more likely to use and used for electricity, it is the governor’s commission, pattern of shortcuts and regulators asleep at the wheel. and began building an inventory of dams and enforcing Unlike Buffalo Creek, the 2-billion-gallon capac- well water. sent to a preparation plant, Jay Hillary Kelley, to travel “All along, as these dams were being built, they new laws regulating coal waste and dam construction. ity, 70-acre slurry pond in Martin County suffered a “We all know the Markey Cancer Center,” says Nina commonly called “tipples.” to Buffalo Creek and inves- weren’t really constructed using any engineering meth- “We found about 150 unsafe coal waste dams in breakthrough in the reservoir holding the slurry, not a McCoy. “I mean, it’s the University of Kentucky, who we There, the raw coal is washed tigate the disaster. When ods,” Spadaro says. “They were simply dumped, filled the state and forced the mining companies to stabilize dam failure. Almost two miles of active and abandoned think is a god here. So why don’t people here know that of impurities, crushed and Spadaro arrived weeks later, across the valley.” them, build emergency spillways, put instruments underground mines beneath the basin were flooded the Markey Cancer Center says that the cancer rate in transported to market by rail. they were still pulling bod- The state’s Public Services Commission, responsible in the dams that could monitor movement and bring out before the torrent of sludge blasted out of a mine this community is higher than anywhere else? Anybody Impounded in slurry ponds and injected underground, ies from the mud. for dams blocking streams, required detailed plans for everything up to the standards that were established opening and poured into Coldwater Creek. What con- that’s paying attention just buys their water because the toxic waste left over, mostly rock and fine coal sus- “I had never seen anything like that in my life,” any structure over 15 feet high that obstructed a water- in the laws” he says. nects the disasters are the patterns of neglect that were there is nothing else we feel like we can do.” pended in water, contains toxic heavy metals such as he says. “It gave me a mission. It gave me a purpose.” way. In the case of dams above Buffalo Creek, no plans Spadaro is certain that through preventative mea- discovered too late. Continued on next page arsenic and mercury. Many surface coal waste impound- Spadaro’s purpose became the protection of miners and were submitted. sures and strong enforcement, thousands of lives were

Page 14 ..... The Appalachian Voice ..... February/March 2012 February/March 2012 ..... The Appalachian Voice ..... Page 15 Revisiting Buffalo Creek Living in Fear: When the Brushy Fork impoundment reaches its Continued from page 15 permitted capacity, 9 billion The Sewanee Coal Seam: gallons of slurry will be held in the “Water is one of the best sellers at the 645-acre reservoir. Downstream supermarket here,” Mickey mentions. communities communities. Photo The Dirt on East Tennessee’s Toxic Coal courtesy of Vivian Stockman Waking Up To the Toxic By Jenni Frankenberg Veal While the seam is not cur- World We’ve Created rently being mined in Tennes- pumps to an impound- One of the most toxic coal seams Of the hundreds of impound- see, the threat of future surface ment, uses between 65 and east of the Mississippi River has cast a ments in Appalachia, several deemed mining efforts is real. Currently, 70 gallons per ton. dark shadow over the land and people high-hazard or Class “C” by MSHA the Canadian mining company Recently, Stanley living in its boundaries. — a classification given to dams Tiacme is exploring opportuni- has put his knowledge of Landon Medley, a resident and for- whose failure would likely result in ties within the pristine Rock filter presses and alterna- mer county commissioner of Van Buren the loss of life — have been subjected Creek watershed on Walden’s tive coal waste disposal to- County, Tenn., has witnessed the impacts to public condemnation Ridge, despite the area’s federal ward convincing legislators of mining in the Sewanee coal seam and the grassroots ef- designation as Land Unsuitable to move away from slurry. firsthand. “I remember being invited to forts of citizens’ who for Mining. The Rock Creek “I’m not anti-coal,” he dinner at a home on Cagle Mountain,” refuse to forfeit their watershed is located on the says. “But I do not believe says Medley. “One wall of the home had safety. northern end of Walden’s Ridge in the impoundments be- subsided due to mine blasting, and the In West Virginia’s near the Smithtown community erly abated. Except for little moisture left behind. cause I know for a fact, green beans that were being cooked for This mountaintop removal site is Zeb Mountain in Campbell County, Tennessee. Local residents face Coal River Valley is one in Bledsoe County. one citation, none was Directly after Buffalo Creek, Stan- from being a young man, that I have dinner turned blue in the water due to water quality problems from the highly sulfuric runoff of mountaintop removal sites in Tennessee. of the largest dams of Prior to enactment of the federal provided. ley says, it was impossible to get a seen that technology applied and I’ve the acid mine drainage.” The Sewanee coal seam, which underlies much of the surrounding area, is the most toxic coal seam any kind on earth. The Surface Mining Control and Reclama- east of the Mississippi. Photo courtesy of TNLeaf.org “We’re holding permit for an impoundment. The plant seen it work and if the state or federal More than 300 abandoned mines Brushy Fork dam, at 954 tion Act of 1977, mines in Tennessee MSHA liable,” Stan- operated from 1979 to 1987 with no government had the courage, we would are sprinkled throughout the East Ten- feet tall, looms over the Forty years after Buffalo Creek, were not regulated, Office of Surface Mining stepped in and coal seam because of its impacts on wa- Jack Spadaro still works to improve ley adds. “If there is impoundment and no underground in- not even have these impoundments at nessee landscape — a towns of Sylvester and making it difficult to created a state trust fund to treat the ter,” says Medley, a long-time member mine safety and oversight. Photo any way that we can jection using filter presses and a closed the present time.” majority are in the Whitesville in Raleigh courtesy of Vivian Stockman. create a comprehensive acid mine drainage coming off the two of Statewide Organizing for Commu- get a lawyer, to take loop water system. In the final pages of the report on Sewanee coal seam ThenThen NN ww County, W.Va. Around 645 && picture of the environ- sites. The water has been treated for the nity eMpowerment in Tennessee. “We this and sue, for the “We could have continued to oper- the Buffalo Creek disaster, investiga- — where runoff con- acres, the impoundment mental damage from mining within the past six years and will continue to be know that if mining is allowed, it will devaluation of those people’s property ate using those,” says Stanley. “But the tors concluded that Dam No. 3 on the taining acid mine drainage, highly toxic will eventually hold 9 billion gallons of Sewanee coal seam. “in perpetuity,” says Medley. result in acid mine drainage, which will downstream, the health hazards that company was able to get an impound- Middle Fork was born out of the age-old to humans, animals and plants, has pol- slurry. For activists, outside observers Underlying the Cumberland Pla- Currently, citizens of Tennessee are impact water quality, which will impact water is releasing and the destruction ment permit and they felt they were at practice in the coal fields of disposing luted waterways and communities. and residents in downstream communi- teau, the Sewanee coal seam’s largest limited to three legislative tools to pro- tourism in this area. This is not just an to their mental well-being by having to a financial disadvantage as a company of waste material and was constructed The Sewanee coal seam is surround- ties, Brushy Fork has become a symbol and most toxic sections are thought tect their communities from the impacts environmental issue — it is directly live underneath that thing, we intend because it was costing them somewhere without utilizing technology developed ed by a layer of shale that contains high of an industry out of control. to be limited to East Tennessee. Ac- of surface mining in the Sewanee coal linked to the economic growth of the to get to the bottom of it in any way in between 25 and 50 cents a ton to use for earthen dams and without using or levels of pyrite, an iron sulfide. When Over it’s lifetime, Brushy Fork’s size cording to James Macfarlane’s 1873 seam: the Water Quality Act on the state state and employment as well.” possible. filter presses.” consulting with professional persons pyrite is exposed to water and air, it and rap sheet of violations have grown. book, The Coal Regions of America, “The level and the Lands Unsuitable for Min- To learn more about efforts to end Rob Goodwin, coordinator of the Spadaro encountered the same qualified to design and build such a creates acid mine drainage. Because of Between 2000 and 2009, the impound- Sewanee Division includes that part of ing petition and Surface Mining Control surface mining in the Sewanee coal Citizens’ Enforcement Project for the argument when he interviewed Martin structure.” Though, in their search for its chemistry, there is no proven method ment received 20 violations. Some of the table-land bounded on the east by and Reclamation Act on the federal level. seam, visit the Statewide Organizing for Whitesville-based Coal River Mountain County Coal CEO, Ray Bradbury after answers, they failed to find any evi- of preventing acid mine drainage that them, especially issues related to dam the Sequatchie Valley, on the south by Local and statewide public interest Community eMpowerment website at Watch, sees the meeting with MSHA as the Martin County flood. “They had a dence of an act of God. would still allow companies to strip- compaction could, if left unabated, be groups are working with state legisla- socm.org. a step forward on a long road. dry filter press but they stopped using mine the Sewanee coal seam. the Alabama line, and on the north by fatal to downstream communities. White and Cumberland Counties.” tors to find tools that would protect the “The regulatory structure is just it,” he says. “We asked Mr. Bradbury Jenni Frankenberg Veal enjoys writing about the citizens and waterways of Tennessee In December 2011, largely in re- not capable of dealing with 100 or 50 ‘why did you stop using it and go to Resources Medley says that eight counties in natural world and exploration opportunities found sponse to the perseverance of a retired more years of producing slurry,” says an impoundment? He said ‘we saved For more on the disasters and dams in this Tennessee have been particularly im- from the devastating impacts of acid within the southeastern United States, one of the most union miner named Joe Stanley bom- Goodwin. “It would just be way, way a dollar a ton in cost on processing.’” story, watch the documentaries SLUDGE; pacted by acid mine drainage but that mine drainage. biologically and recreationally rich regions on earth. Buffalo Creek: Act of Man and Buffalo Visit her blog at www.YourOutdoorFamily.com. barding the administration with com- simpler to use other technologies.” A prep plant on a closed loop sys- the actual extent of the Sewanee coal “We must addresse the Sewanee Creek Revisited; and On Coal River. plaints about the impoundment, MSHA isn’t well known. A Future of tem can use less than 10 gallons of water held a public meeting to address Brushy per ton of coal. An open loop plant that Events Medley lives near two abandoned Fork. Over several hours, MSHA ad- (Less) Slurry On Feb. 25, The Buffalo Creek Memorial Skyline Coal Company mine sites on dressed a variety of complaints from “Not only was I an underground Library will host “Buffalo Creek, Re- Walden’s Ridge that border the Se- poor communication between agencies coal miner,” says Joe Stanley. “I was membering After 40 years,” featuring quatchie and Van Buren county lines. guest speakers and an audio and slide- to the stability of the mine workings transferred as a filter-press operator show presentation to honor the victims Skyline declared bankruptcy and ended beneath the impoundment and blasting at Maribone Development’s prep of the flood. mining practices there 20 years ago; at a surface mine only 100 yards away, plant, which was absolutely the most On March 2, The Sludge Safety Project will however, acid mine drainage devastat- with the conclusion that they believe advanced technology in the United host Remembering 40 Years of Black ed water quality in the area. The federal FRAPPES the dam is safe. States by a long shot in 1981.” Water: From Buffalo Creek to Today, at Through a Freedom of Informa- In a dry filter press system, wa- the West Virginia State Capitol to ensure Acid mine drainage from the Sewanee coal the state does not overlook the past and ter is pumped through a filtration seam has groups across the state calling for a tion Act request, Stanley specifically present injustice of coal slurry “disposal” Joe Stanley is challenging coal companies to adopt ban on surface coal mining on the toxic seam. requested evidence or paperwork that fabric leaving the fine coal, clay and methods. safer technologies. Photo by Lawrence Pierce Photo courtesy of D. Hardesty, USGS Columbia proved that those citations were prop- heavy metals in a “cookie” with courtesy of the Charleston Gazette. Environmental Research Center

Page 16 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 17 Reclamation continued Reclaiming Appalachia public, which made it easier for citizens to get amendments into legislation. In the Can Legislation and Enforcement Restore Mountains? days before Xerox and overnight mail, By Molly Moore Dunlap recalls her colleagues making carbon copies of proposed amendments Kathy Selvage has lived in Stephens, and driving to the midfield post office Va., her entire life. From her front porch, at the Washington, D.C. airport to send she can almost see the field where her the language to citizens groups across childhood home once sat. Instead of the country. People familiar with similar the hardwood forest that surrounded amendments in their state min- her home, graded hills lean against ing laws would call and provide each other like a lumpy bag of onions input. “Many of the provisions beneath a blanket of savannah grasses in the law were written by coal- and gravel. The sparse grassland across impacted citizens,” she says. Above: Three forestry research plots demonstrate some of Patriot Coal Company’s the road will never replace the ridgetops Finally, after two vetoes from reclamation efforts on Kayford Mountain, W.Va. The 750-acre mine site is supposed where she went berry-picking as a child. to be capable of supporting a commercial forest before reclamation can be President Gerald Ford, the bill In 2004, this land became an active considered complete. Photo by Vivian Stockman, courtesy South Wings was signed by President Jimmy surface mining site. Now the coal is Left: Coal-Mac, Inc. won a reforestation award in 2010 from the Appalachian Regional Carter. Its hardships began early Reforestation Initiative for Phoenix Surface Mine No. 2. Reclamation began in 2005 gone, but orange water seeps out of on with lack of funding and chal- and used the Forestry Reclamation Approach, with 250,000 trees planted on 400 acres the earth mere feet from the mine per- lenges to its constitutionality. in W.Va. Photo courtesy West Virginia Department of Environmental Protection mit boundary, casting a warning glow “It’s easier to get a law down the ravine. passed than to get it implement- Living in Wise County, where 33 Aware that this was a tough en- whether these practices are successful ed,” says Dunlap. In addition t o percent of the land has been permitted for industrial park or residential area. vironment for trees, mine operators in permanently restoring forests. problems with enforcement, she says surface mining, Selvage is A 2009 study by the Natural Re- rarely planted any. When they did, they Zipper says that reclamation tech- some of the regulations, designed for familiar with mountaintop sources Defense Council surveyed 410 planted species that survive but don’t niques need to be cost-effective to be the steep-slope mining of the 1970s, removal. For years, she has Thirty-five years after the Surface Reclamation is complete at this former surface reclaimed mountaintop removal sites restore the land’s biodiversity. adopted. He explains that some parts haven’t caught up to the scale of today’s ThenThen NN ww Mining Control and Reclamation Act mine near Hueysville, Ky. Two rock “riprap” But Dr. Carl Zipper, co-author of the of the forestry approach, such as the watched mine operators and reported that 89 percent had no & conduits are designed to channel stormwater & industry. blast away mountaintops to became law, there is little evidence that verifiable economic reclamation, ex- 2011 study and director of the Powell FRA’s use of loose soil material and who worked on the surface mining law in runoff. On the far right, native forest marks the access seams of coal, dumping overbur- reclamation in Appalachia is being en- permit boundary. Photo by Molly Moore A Flat Way Out cluding forestry and pasture. Among River Project, says that reclamation tech- lack of emphasis on heavy fertilizer the ‘70s, reclamation is a glaring example den into valleys and burying headwater forced as the law intended, says Louise Regarding reclamation, SMCRA is the verified development projects: a niques are improving. The Powell River and seed, save coal companies money. of the perils of weak enforcement. Re- streams. Dunlap, former head of the nonprofit ban the practice within six months of fairly clear. The coal operator is required federal prison, three oil and gas fields, Project, a public-private partnership in Other aspects, such as the seedlings searchers who show how, under certain In 2009, while reclamation was un- Environmental Policy Center. the bill’s enactment. Hechler’s bold bill to restore mined land “to a condition two airports, a hospital, an ATV train- Virginia, formed in 1980 with the goal themselves and the selection of appro- conditions, tree growth on post-mining derway, citizens noticed orange water, a When the federal surface mining drew national attention to the issue. capable of supporting the uses which it ing center, three golf courses, four busi- of making reclamation more effective. priate soil and rock layers, cost more land can be comparable to growth on signature indicator of pollution, near the law was enacted in 1977, SMCRA was Support from the United Mine was capable of supporting prior to any ness parks, two municipal parks and a The Project’s research was incor- than conventional grass reclamation. native soil, see reclamation as the flawed site. Just months after the contaminated presented as the regulatory medicine Workers of America was also influen- mining, or higher or better uses.” county fairground. porated into the Forestry Reclamation Nathan Hall, an eastern Kentucky but necessary intersection of engineering water was reported, the coal company needed to rein in the largely unregu- tial in the ‘70s. “Deep miners living in When applying for permit, compa- Approach, a five-step reforestation native and former deep miner, believes and ecology. And for the coal companies Research Takes Root and the state and federal agencies charged lated coal industry. The law created the hollows were having their houses nies must present a reclamation plan technique for recovering Appalachian that revisiting post-SMCRA grasslands that walk away from their legal responsi- Since 1977, over 2,300 square miles with enforcing mining laws signed a legal the federal Office of Surface Mining threatened with boulders rolling down that describes the condition of the land strip mines. The FRA aims to restore and applying the forestry approach will bility to restore mined lands, reclamation of Appalachia — an area about the size agreement that freed the company from for enforcement, and allowed states to the hills from the strip mines up above,” prior to mining, designates an intended the soil’s ability to support planted help the land and people move forward. is simply a forfeited bond amount on a of Delaware — has been surface mined, further reclamation responsibility, years create their own regulatory agencies to Dunlap says. “At one time, Miners for “equal-or-better” post-mining use and seedlings and to provide fertile ground Providing equipment operators who spreadsheet. according to a 2011 study published in ahead of schedule. Now the orange water implement SMCRA at the state level. Democracy and Arnold Miller, a former explains how the company will make for native seeds carried by wind or used to work for coal companies with * * * Environmental Management. Of those, is back in another location. The path toward SMCRA started president of the UMWA, had a position that future land use a reality. animals. The Appalachian Regional jobs preparing compacted land for tree over 1,540 square miles are in the “How anyone could look with a surface mining of banning all strip mining.” “It it a privilege, not a right, to mine Reforestation Initiative, a seven-state growth will make use of the region’s mountains of Virginia, West Virginia, at the Appalachian region from bill proposed in 1940 by Around the same time, Pennsylva- coal,” Dunlap says, adding that compa- association, formed in 2004 to advocate workforce, he says. And The American Tennessee and Kentucky, which are far above it and call this rec- Illinois Senator Everett nia began enforcing new environmental nies that can’t prove how they’re going for the forestry approach. Chestnut Foundation recently received dominated by biodiverse forests. lamation is beyond me. They Dirksen. By the early regulations for surface mines, and the to reclaim shouldn’t receive permits. Since the FRA was implemented a three-year grant to plant hybrid Following SMCRA’s implementa- may call it reclamation but I 1970s, when Dunlap got coal industry responded by threatening In drafting the law, legislators re- in 2006, 15 square miles have been re- chestnut trees and native hardwoods tion, much of this forest was lost. Before call it desecration,” Selvage involved with the bill, to leave the state. “It became obvious quired that coal operators restore the claimed using the technique and more on compacted reclaimed land. the law, loose overburden littered the says, and her soft drawl doesn’t strip mining was rap- that if we didn’t have a federal law, the general lay of the land, borrowing the than 46 square miles are permitted. landscape, exacerbating floods, land- Dealing with the Damage quite veil her frustration. idly expanding. West coal industry would try to intimidate phrase “approximate original contour” Though a small percentage of the 2,300 slides and surface water contamination. While researchers plan for the “Reclamation” is a volatile Virginia Representative different states,” Dunlap says. from Senator Dirksen’s 1940 bill. square miles already surface mined, Ironically, the new regulations stabilized future, others are trying to mitigate word in Appalachia. For Sel- Ken Hechler introduced This coincided with congressional But SMCRA also legalized swaths these 60-plus square miles represent mined land by compacting soil with existing problems. vage, it represents her struggle a bill in 1971 that would mark-up sessions being opened to the of flattened mountains by granting an land that might otherwise be barren. heavy equipment and encouraging On Kayford Mountain in southern to bring state attention to the exception to the approximate original As the Environmental Management Kathy Selvage surveys orange water near her Virginia home. The water emerges fast-growing non-native vegetation, in- West Virginia, Patriot Coal Company polluted water oozing from the contour requirement if the post-mining study notes, the oldest sites using the just feet from a reclaimed mine site. “It would take nothing short of a fool to try to advertently creating a climate hostile to must produce commercial timber on mine permit boundary. For those use generated an added public or forestry technique are only about five convince you that a mountain can rise again,” she says. Photo by Molly Moore native plants, including hardwood trees. economic benefit, such as a hospital, years old, so the science is still out on Continued on page 25

Page 18 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 19 Natural Gas continued the mixing of chemicals and actual abundance — positing the fuel as both report in August 2011 stating that the Natural Gas: Not All It’s Fracked Up To Be was “seriously flawed” and “overesti- fracturing, to the post-fracturing stage, a bridge to renewable energy and an Marcellus Shale has 84 trillion cubic feet mated fugitive emissions.” In a press By Jesse Wood multi-acre wastewater July, the area had six minor including the management of flowback alternative to foreign oil. of “undiscovered, technically recover- release from Cornell, Ingraffea clarified ponds discovered their earthquakes – a reduction and produced or used water as well as In his 2012 State of the Union Ad- able” natural gas. Based on percentages When energy industry giant Hal- that their research wasn’t the “definitive dogs and horses myste- of more than 99 percent. In its ultimate treatment and disposal.” dress, President Obama boasted that provided by USGS and the current an- liburton invented hydraulic fracturing scientific study” on the issue. “What riously dead, litters of a peer-reviewed paper to be For the study, the EPA issued volun- the U.S. has “nearly 100 years” of gas nual consumption rate, the Marcellus in the 1940s, they unlocked the potential we’re hoping to do with this study is puppies were aborted or published in a professional tary information requests in September reserves. The 100-year figure is derived Shale formation has a 50 percent prob- for a natural gas boom in the United to stimulate the science that should born with cleft lips, no seismology journal, Horton 2010 from nine companies engaged from a report by the industry-friendly ability of supplying 3.5 years worth of States. Now, decades later with mount- have been done before,” he said. “In hair or missing limbs and notes that the U.S. Environ- in fracking. Requested information Potential Gas Committee, which es- natural gas. ing environmental and health impacts my opinion, corporate business plans children became inexpli- mental Protection Agency’s included the chemical compositions timates that the U.S. has 100 years of As a growing body of evidence and more accurate estimates of the na- superseded national energy strategy.” cably ill. Underground Injection Con- used in the extraction process. Hal- “future gas supply” if consumption exposes the potential environmental tion’s reserves, some feel natural gas The EPA is currently conducting a Black water originat- trol, which regulates waste- liburton, one of the nine companies, rates stay the same. But a closer look and health impacts of fracking, states isn’t all that it’s acked up to be. study to assess fracking and its potential ing from a well corroded water injection wells, does was subpoenaed by the EPA when it at the report reveals that the U.S. actu- continue to issue permits with abandon. For several years, proponents impacts on drinking water resources. water-using appliances not limit the proximity of did not comply. The exact contents ally has only 11 years worth of proven North Carolina officials are considering of natural gas have touted the shale The EPA identified seven locations — and water valves, and these wells to seismic zones, of the drilling fluid mixtures are not reserves with “known gas reservoirs” legalizing the practice to reach natural reserves beneath Appalachia — and two prospective and five active mine a smell of “rotten eggs schools, hospitals or nuclear known because of the Energy Policy and “existing economic and operating gas trapped in shallow Triassic basins, other parts of the country — as clean sites — one of which is located in Wash- and diarrhea” emanated power plants. Act of 2005, which exempts fracking conditions.” while other places like Rockingham and abundant. In fall 2007, after the ington County, Penn., which includes from shower faucets and from the Safe Drinking Water Act. The Figures for gas reserves in the County, Va., investigated fracking’s scramble began for drilling permits Researching the Amwell Township. The first report fouled the air outside. amendment, known as the Halliburton Marcellus Shale seem to drop with effects on other Marcellus Shale com- in the Marcellus Shale, a multi-state Fracking’s is expected to be released at the end of Blood test results of Loophole, was spearheaded by former each successive assessment. In April munities and finally rejected the prac- formation that lies underneath the Footprint 2012, but the final report is not sched- sick Amwell residents Halliburton CEO Dick Cheney during 2011, the U.S. Energy Information tice — much to the chagrin of Carrizo Appalachian Basin, Petroleum News At the end of 2011, Time uled for release until 2014. found high levels of his vice presidency. Administration estimated a “technical Oil and Gas. published an article titled “Appalachia Magazine reported that According to an EPA press release, heavy metals such as recoverable resource base of about 400 Across Appalachia, the natural to the Rescue,” suggesting where U.S. fracking was the nation’s “The final study plan looks at the full Fracturing the Hype arsenic and industrial trillion cubic feet” but revised that fig- gas boom continues, but some cannot energy salvation and independence lay. “biggest environmental is- cycle of water in hydraulic fracturing, Often considered green, clean en- solvents including ben- ure to 141 trillion cubic feet this January. help but wonder wonder if and when Since then, controversial issues sue” of the year, citing a very from the acquisition of water, through ergy, natural gas is also praised for its zene, toluene and eth- The U.S. Geological Survey released a it will bust. have emerged related to hydraulic frac- contentious study by Cornell ylene glycol. Test results turing, commonly known as “fracking.” University published last May, of the wastewater pond com- Natural gas is the cleanest burning fossil ThenThen NN ww titled “Methane and the green- missioned by Range Resources fuel, emitting significantly less carbon && house gas footprint of natural gas revealed acetone, benzene, phe- dioxide, carbon monoxide, nitrogen radius after 11 earthquakes, includ- from shale formations.” nol, arsenic, barium, heavy metals and oxide, sulfur oxide and mercury during ing a magnitude 4.0 on New Year’s Cornell’s Robert Howarth, Tony methane. According to the The New York combustion than oil and coal. But its ex- Eve, shook the relatively seismically Ingraffea and Renee Santoro, who Times Magazine article, Range Resources “What a great magazine!” traction by fracking poses risk to water stable area. were also named runners-up in the maintained that none of the chemicals “I discovered your quality and the disposal of wastewater Early last year, hundreds of earth- magazine’s annual “Person of the Year” in question were found in the drinking in underground wells has been linked quakes shook the Fayetteville Shale De- selection, postulated that shale gas ex- magazine while visiting water, but the company did later deliver to swarms of earthquakes. posit in Faulkner County, Ark., leading traction through fracking exacerbates and found it to be a 5,100-gallon tank of potable water to The process requires drilling thou- to the permanent closure of four dis- climate change more than coal mining uplifting and delightful! one resident after two complaints. sands of feet into shale rock forma- posal wells and a moratorium on any or oil drilling over a 20-year period I plan on moving to your Seismic Awakenings tions and the high-pressure injection future wells covering a 1,150-square- as a result of methane leakage during area and am thrilled to of enormous amounts of water, sand Roughly 30 miles from Amwell, the lifetime of a shale gas well. The mile area. Steve Horton, a seismologist stay in touch through and chemicals, fracturing shale rock the countryside of Ohio has become a at the Center for Earthquake Research researchers estimated that nearly eight your magnificent to liberate the trapped gas. As the gas dumping repository for fracking waste- and Information, says that injection percent of the methane found in shale travels up the well, mere inches of con- water, which has been linked to earth- wells triggered the earthquakes. “The gas leaks into the atmosphere during magazine online.” crete casing prevent its migration into quake swarms in the state. More than fact that these earthquakes happen the fracking process. —Best, surrounding ground water. half of the disposed fluid in Ohio arrives basically right after these wells started Immediately after the Cornell Uni- Karen from California Don’t Drink the Water from drilling operations in other states, up, and they stopped as soon as the versity study, proponents of the natural whose parents live in such as Pennsylvania, which does not gas industry refuted these claims. A Vilas, NC In November 2011, The New York wells stopped,” Horton says. “It’s a have permeable geological formations senior vice president for engineering Times Magazine printed a harrowing virtual certainty.” suitable for underground storage. and technology with Range Resources piece on Amwell Township, Pa., a After two wells in Faulkner County told The New York Times, “That the 44-acre community that experienced In the first six months of 2011, the were used for wastewater in 2010, 923 industry would let what amounts to a proverbial gold rush five years ago. DEP reported that 99 percent of all earthquakes between Sept. 23 to March trillions of cubic feet of gas get away Texas-based Range Resources, a pioneer non-recycled wastewater from Penn- 8 — the biggest being a magnitude 4.7 from us doesn’t make any sense. That’s 828-737-0771 gas company in the Marcellus, came to sylvania’s Marcellus Shale formation — revealed the previously undetected was transported to disposal wells in Guy-Greenbriar Fault. Ninety-eight not the business that we’re in.” PO Box 976, Linville, NC 28646 town and sought mineral rights from At stores & businesses almost everywhere in the High Country ... and online at Ohio. One of those wells, located in Other scientists have also disputed landowners eager to cash in on the percent of those earthquakes happened CarolinaMountainLifeMagazine.com Youngstown, was recently shut down the study — including fellow colleagues natural gas below their feet. But soon within four miles of three of the four [email protected] at Cornell, who argued that the study after, those living near drilling sites and along with four others in a five-mile wells. After the wells were shut down in

Page 20 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 21 The COAL REPORT News from Appalachia and Beyond by Madison Hinshaw The COAL REPORT News from Appalachia and Beyond by Madison Hinshaw EPA Issues First-Ever National Mercury and Air Toxic Standards Alpha Pays $209 Million in Upper Big Branch Settlement On February, 13, Greenpeace activists launched a new Quit In December 2011, the U.S. Envi- plants include arsenic, acid gas, nickel, air pollutants. They are responsible for electrical reliability. The standards also Alpha Natural Resources, the utives they say are partially responsible Coal campaign with an action ronmental Protection Agency issued the selenium and cyanide. The standards more than half of the mercury and 75 ensure that benefits to public health global coal company that purchased for the explosion. But with weak mining at Progress Energy’s Lake Mercury and Air Toxic Standards, the will cut these emissions with proven percent of the acid gas emissions in the will outweigh costs of implementation. Massey Energy in January 2011, reached laws, prosecutors may face a grueling Julian Power Plant outside first-ever national standards to protect pollution controls used by more than United States. More than half of the The EPA estimates that for every a settlement with victim’s families and battle to criminally convict top-level of Asheville, N.C. hanging families from mercury and toxic air pol- half of the nation’s coal-fired plants. power plants in the country use some dollar spent on reducing pollution, the the Mine Safety and Health Admin- executives such as former Massey CEO a banner from the plant’s lutants emitted by power plants. Hailed as a victory by environmen- sort of pollutions control, which the American public will see $9 in health istration for $209 million in civil and Don Blankenship. smokestack and coal con- Pollutants from coal-fired power talists and public health advocates, the EPA used as a basis when creating the benefits. Annually, the total health and criminal penalties for a mine explosion Under the Federal Mine Health veyor belt. Sixteen activists EPA estimates that as many Mercury and Air Toxic Standards. economic benefits of these standards are that killed 29 workers last year. and Safety Act, safety violations are were arrested in the peaceful as 11,000 premature deaths The standards are accompanied estimated to be as much as $90 billion. The explosion at the Upper Big categorized as misdemeanors, present- protest. In a press release, Constellations Ahead of New Rules and 4,700 heart attacks will be by a Presidential Memorandum that The Mercury and Air Toxic Stan- Branch Mine, one of the worst under- ing a challenge to prosecutors building Greenpeace called on Duke At least one energy company in the coun- prevented and that the new directs the EPA to use tools provided dards and the final Cross-State Air ground mining disasters in 40 years, the criminal case. Hughie Stover, the Energy — poised to merge try was looking forward to the new emissions standards will eliminate more in the Clean Air Act to implement the Pollution Rule are the most significant occurred while still under the ownership mine’s security chief at the time of the with Progress Energy — to and cross-state air pollution rules. than 130,000 cases of childhood Mercury and Air Toxic Standards in steps in cleaning the air since the Acid and operation of Massey. The settlement blast, was the only individual criminally Baltimore, Md.,-based Constellation position itself as an example asthma symptoms and 6,300 a cost-effective manner that ensures Rain Program of the 1990s. includes $46.5 million for families of the prosecuted after being found guilty of Energy spent $885 million in 2009 to install for the rest of the energy cases of acute bronchitis among victims and those injured in the explosion. lying to investigators and disposing of emissions controls for sulfur and nitrogen, an- industry, stop using mountain- children each year. The settlement also includes $80 mil- thousands of security-related documents. ticipating new rules by the EPA. The company Concerned Citizens Dispute Water Quality Study top removal coal and quit coal Mercury and other toxic lion to improve safety and infrastructure Proposed changes to the Mine Health has already drastically reduced emissions at The Whitesville, W.Va.-based Sludge neering to conduct the year-long study altogether by 2030. their Brandon Shores plant. pollutants have been shown to in all underground mines owned by Al- and Safety Act were not passed by Con- Safety Project is claiming that a recent of the geology and hydrology of the The Cross-State Air Pollution rule was harm the nervous system, cause pha; $48 million to establish a mine health gress last session, but many argue that Photo by Greenpeace study of the water quality in an area area, interview impacted residents and originally to take effect on Jan. 1, but a federal cancer, and impair thinking and and safety foundation; and approximately the explosion brought more awareness to of Boone County by the West Virginia examine samples from domestic wells. court issued a temporary stay of regulations early development. As mercury $35 million in fines from prior violations federal inspectors from the Mine Safety Department of Environmental Protection A week before the WVDEP study to evaluate how much time coal companies enters local waterways, it bio- to the Mine Safety and Health Administra- and Health Administration which could used flawed research methods, contains was released, the Sludge Safety Project Duke, Progress Energies Appeal FERC would need to implement the retrofits. accumulates at levels dangerous tion, including $11 million for violations result in new rules and increased fines. errors and misinterprets its own data. rallied at the state Capitol to share Constellation argued that other plants for human consumption. at the Upper Big Branch Mine. Alpha Natural Resources says that In mid-December of last year, the tomers and would hold down rising In January, the WVDEP completed results of independent studies con- should have to implement these emission limits Power plants are the largest Federal prosecutors are pursuing the company is focused on improving Federal Energy Regulatory Commission electricity costs. or shut down completely. a year-long study that found that cluding that coal slurry contaminated remaining source of these toxic cases against a number of Massey exec- safety in former Massey mines. made a second rejection of the proposed Announced over a year ago, Duke drinking water supplies in the area Prenter residents’ water. In 2008, Pr- merger between energy giant Duke and Progress were planned on finalizing surrounding Prenter Hollow were not enter residents filed a lawsuit against a newsbites from coal country Energy and Progress Energy, citing con- the $26 billion deal by the end of 2011 coal-mining impacted. Residents of Pr- group of coal companies claiming that cerns that the merger of the two utilities but have been forced to set back their enter have complained of “blackwater” underground slurry injection from a EPA Buffaloed Over Surface Mine and says idling mines now will allow for the may create an energy monopoly. merger completion date to no earlier events and contamination that they be- Massey Energy coal facility and other A letter sent by the EPA to WVDEP in Janu- highest quality coal to remain unmined until Charlotte, N.C.-based Duke En- than May or June of 2012. The new date ary expresses the agency’s concerns about conditions improve. lieve is the result of injecting coal slurry coal preparation plants contaminated ergy and Raleigh, N.C.-based Progress for the completion of the merger will CONSOL Energy’s 2,308-acre Buffalo Mountain into abandoned underground mines. their underground water supply. surface mine. The EPA has suggested ways to Patriot Takes a $7.5 Million Hit For Energy combined could potentially allow both companies to revise the deal WVDEP commissioned Triad Engi- reduce the negative impacts on the environ- Selenium Pollution dominate power markets and manipu- to accommodate recommendations of Patriot Coal Corp. has agreed to pay a ment and water quality that the surface mine, late wholesale prices. The results would the commission. one of Appalachia’s largest, will inevitably have. $7.5 million civil penalty and spend potentially The Battle For Blair Mountain Continues Stretching from Belo to Williamson in Mingo hundreds of millions more to install water pol- also eliminate more than 1,860 jobs in Once FERC approves revisions to County, the Buffalo Mountain mine will extend lution treatment systems at some of its West North Carolina alone. the merger, the N.C. Utilities Commis- With new reports of heavy equip- public on the environmental destruction Virginia mining complexes to settle a lawsuit the King Coal Highway project. The companies claim that the sion will approve the measures if they ment activity on Blair Mountain, resi- caused by strip mining on the mountain. filed last year by the Ohio Valley Environmental merger would result in hundreds of prove beneficial to the state. dents are growing increasingly con- The Community Center and Mu- House of Representatives Flunks 2011 Coalition, West Virginia Highlands Conser- vancy and the Sierra Club last year. The lawsuit millions of dollars in savings for cus- cerned that Arch Coal could begin strip seum is currently running a special fun- Environmental Scorecard The League of Conservation voters, a alleged that Patriot mining complex’s selenium mining the historic site of the 1921 battle draising campaign for improvements group that works to turn environmental val- discharges exceeded limits in the company’s for coal miners’ rights. to the museum building — including ues into national priorities, released it’s 2011 state water permits and the federal Clean Water Act. In February, Arch Coal announced much-needed roof repair and a heating National Environmental Scorecard, which BarBeCue reStaurant & rates Congressmen on 11 Senate and 35 record profits for the fourth quarter of system — and to enhance the museum’s House votes on issues including public health Coal River Mountain Tree-Sitter Sentenced Catering ServiCe 2011. One of the nation’s largest coal collection, including showcases, frames protections, clean energy, land and wildlife Coal River Mountain tree-sitter Catherine- Ann MacDougal was sentenced to seven days producers, Arch has four planned oper- and important museum pieces. Future conservation. The group called the results “a sad testament to the radical nature of the U.S. in a West Virginia regional jail on Feb. 9 for ations on Blair Mountain, some of which projects the center hopes to pursue in- House of Representatives in the first session of trespassing. Open 11 a.m. - 9 p.m., Sun.- Thur. intrude onto the historic battlefield. clude converting the building to solar the 112th Congress.” Last summer, MacDougal and Becks Open 11 a.m. - 10 p.m., Fri. & Sat. Supporters are exploring new ways power and constructing a community Kolins, sat for a month in an oak tree near the Patriot Down in the 4th Quarter, active Bee Tree surface mine, holding up ban- 8304 Valley Blvd (HWY 321 Bypass) to protect the mountain. The Blair Com- garden greenhouse. Reportedly “Saving the Best for Last” ners pretesting mountaintop removal. Alpha Blowing Rock, NC 28605 munity Center and Museum, a non- The Blair Mountain Community Patriot Coal Corp., idled its Big Mountain Natural Resources, owner of the Bee Tree profit organization located in Logan Center and Museum has a goal of reach- mining complex in Boone County, W.Va. and mine, filed civil suits against the sitters and their support team. County, W Va., opened in the fall of ing $10,000 by the end of April. Visit announced estimates that it will sell 7 percent to 13 percent less coal this year than it did in MacDougal said that her jail sentence has 2011 to promote and preserve the his- indiegogo.com/the-start-of-a-new- only strengthened her desire to fight against 2011, saying demand for coal is weak. In 2011, Restaurant (828) 295-3651 Catering (828) 295-3395 iLoveMountains.org/the-human-cost tory of Blair Mountain and educate the beginning, to learn more. the company reported a fourth-quarter loss mountaintop removal.

Page 22 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 23 Reclamation continued A vacant building at a mountaintop Continued from page 19 removal site-turned-business park in Editorial Martin County, Ky., lacks insulation its 750-acre mine site to achieve the and water hookups. Inside, the floor is The Unhealthy Culture of Coal designated post mining land use. Rob gravel. Martin County resident Nina McCoy doubts that the business park will The latest in a round of studies on health and well- Goodwin, coordinator of the Citizens being in the coal-bearing regions of Appalachia was fulfill its economic promise. In the distant Enforcement Project at Coal River background, elk graze in the sunset. The released in mid-February, with the puzzling conclu- Mountain Watch, says the West Virginia state’s elk reintroduction program has sion that, while coal mining may not directly contrib- Department of Environmental Protec- been touted as reclamation success, but ute to health problems in Appalachia, it still plays a tion allowed the permit’s post-mining McCoy points out that elk thrived in the significant role in the health problems in Appalachia. land use to change to commercial state long before surface mining arrived. Photo by Molly Moore Borak’s study claims that the direct impact of forestry. This “higher and better” land coal mining on the physical environment does not use grants the company a cost-cutting from OSM’s Lexington office to significantly affect mortality, cancer or other illness approximate original contour variance. the Kentucky Energy and Environ- rates among residents living in mining counties. Yet “Even if you were doing commer- sorry to say that I don’t think so be- two companies’ surface mines and failure ment Cabinet. The letter says that, the study also says that the coal industry fosters a cial forestry, you wouldn’t necessarily cause I don’t think it’s ever going to be to reclaim resulted in a 44 percent increase unless the state comes up with a suitable mono-economy with a social and cultural environment need flat land,” Goodwin says. enforced.’ And I was right.” in peak runoff during the July 17 storm. plan soon, OSM might use its authority that lacks quality healthcare and suffers from lower Part of the permit hosts three West SMCRA intended to protect sur- under SMCRA to federalize Kentucky incomes due to lack of job diversity — and that this Virginia University forestry research The Cost of Compliance face mines’ downstream neighbors bond calculations. coal-dependent mono-economy does have a significant plots, each the size of a football field. Ac- When it comes to mandating that from flash floods intensified by huge On Feb. 13, OSM began an enforce- impact on the health of people in these counties. cording to a permit map, one of the plots is coal companies clean up their mark on expanses of barren, loose spoil. Such ment review in Kentucky. If the agency The peer-reviewed study, by Dr. Jonathan Borak designated a commercial forestry test plot. the land, money talks. SMCRA requires flooding was common before the law, finds mines without adequate bonds, of Yale University and others, was paid for by the This plot use natural topsoil combined that operators post a bond before they so SMCRA requires that companies it will notify the state, which has ten National Mining Association, though the study’s with weathered sandstone and minimal begin mining so that the state has Viewpoint reclaim as they go. days to either increase the bond or tell authors were quick to point out in their summary compaction. Another plot has similar funds available for reclamation in case On July 17, 2010, a wall of water OSM that it refuses to. If the state opts that their funders had no bearing on their findings. soil with a different type of compaction, the company fails to comply. In places rushed through the Harless Creek area for the latter, OSM can use its authority We believe them — or, at least, we want to. and the third had minimally compacted with state-level enforcement agencies, We Can End Mountaintop Removal in Tennessee of Pike County, Ky. One house explod- to enforce the law. When a preliminary analysis of the study was fed unweathered sandstone. The plots with those agencies set the bond amounts ed; another split in half. 37 families lost The ability of the federal OSM to through the coal industry’s PR machine, it churned out By Dr. Minnie Vance lacking. Their influence on the nessee is fighting back. This bill natural topsoil are clearly more successful. and sign off on the permits. The money use of their wells. take direct action in cases where state a line about the study “debunking previous studies” on Chattanooga, Tenn. political process remains tenu- would eliminate high-elevation Goodwin says West Virgina and is returned to the company in three 126 residents are suing two surface agencies aren’t doing their jobs is just mountaintop removal mining’s health impacts, referring ous in Tennessee. Our state only surface mining techniques such other Appalachian states have routinely stages as the land meets the reclamation In Tennessee, we love our mining companies that operate in the one of the tools in SMCRA that, if uti- to research by Dr. Michael Hendryx that found strong produces 0.2 percent of America’s as mountaintop removal in the waived SMCRA’s clear requirement to requirements of each stage. mountains. These peaks and val- Harless Creek watershed for damages lized, could help heal Appalachia’s sur- correlations between mountaintop removal and illness. coal, 98 percent of our coal comes state. Ninety-five percent of these stockpile and re-spread topsoil during In 2010, the federal Office of Surface leys inform our southern heritage, in a trial that will begin March 5. face mining scars. But bringing enforce- Borak denied that claim for what it is — nonsense. from just three counties, and Ten- high elevation surface mines are reclamation. Mining began a nationwide review of enhance our connection to family Spadaro, who is serving as an ex- ment to bear is a difficult undertaking. Borak’s study not only doesn’t debunk Hendryx’s nessee’s mountain-driven tourism owned by out-of-state-operators, When Marfork Coal Company’s bond amounts. When a bond amount and represent the best of what pert witness in the Harless Creek case, “Congress put an unprecedented studies, it provides perspective on the truly pervasive, industry employs more than 470 and nearly half of them are owned Bee Tree permit came up for renewal last is too low, it can be cheaper for a com- we call state and country. Our says “[Regulators routinely let opera- array of citizen rights into the surface fundamentally damaging nature of the coal industry times more people than the state by a single individual. In January, summer, Coal River Mountain Watch pany to forfeit the bond than reclaim. mountains are home. Neverthe- tors] go long, long periods of time with- mining act,” says Tom FitzGerald, a on the health of Appalachian communities. coal industry while bringing in a coal preparation plant owned intervened and was able to get the com- When that happens, states don’t have less, we too are facing down the by Meg Holden out replacing topsoil, grading, seeding lawyer with Kentucky Resources Coun- Muddying the waters further, after essentially say- $14 billion each year. by this same individual illegally pany to adopt a Forestry Reclamation enough money to complete the reclama- barrel of continued mountaintop and mulching areas. What you get are cil. “What they didn’t count on is how ing coal mining did not seem to have a direct effect on The coal industry’s impact on dumped toxic coal slurry into the Approach topsoil advisory. According tion plan. The reclamation cost is either removal mining. Unfortunately, these vast wastelands.” difficult it would be for the average citi- health in Appalachia, the study goes on to report, “Our our state budget is a net loss of New River while failing to notify to the advisory, operators who don’t passed on to state taxpayers or the land in that respect, we are not that At the time of the 2010 flood, one of zen to muster the time and the energy analyses do not rule out the possibility [our emphasis] more than $3 million every year. either the Office of Surface Mining have enough natural topsoil should pays the price. different than many other states the companies, Cambrian Coal Corp., and the resources to effectively monitor that some specific mining methods may have greater ad- All over Tennessee, taxpayers are or the Tennessee Department of combine the topsoil they do have with In Kentucky, nearly fifty permits in Appalachia. hadn’t even begun to reclaim over the performance of the industry. It is far verse effects than others on the physical environment.” sick of our money being wasted Environment and Conservation. A weathered sandstone. were forfeited between January 2007 But one thing in Tennessee half of the permited area, according to from a level playing field.” Although labor rights and regulations brought on subsidies that prop up a coal citizen report came days after the and May 2010. The Kentucky Division is different: the playing field be- Foreseeable Floods Spadaro. better pay and safer mining conditions, it seems that industry that can’t compete with- accident, after more than 28 miles of Abandoned Mine Lands estimated tween the coal industry and the “This company was essentially the underlying culture of the coal industry has not out an influx of our hard-earned of the New River had been sullied. Jack Spadaro, former superinten- reclamation costs for those sites. Organ citizens of our state. Because of operating the way it wanted to without UY ic changed much over the years. Big Coal dangles the cash. And who runs the industry In the same month, this operator dent of the National Mine Health and When those estimates are compared the relative unimportance of the any control by the state of Kentucky,” B proverbial job carrot just past the noses of working-age these tax dollars going to prop up? shut down National coal and laid Safety Academy, was invited to testify to the bond amounts the companies state’s coal industry we have a he says, adding that the state inspector residents in Appalachia while the rest of Appalachia Increasingly, the coal industry in off 155 workers, representing before Congress about the relationship paid, the difference amounts to a tremendous opportunity to play overseeing the site was “allowing them suffers, and they do it extremely well. Tennessee is controlled by out-of roughly 40 percent of Tennessee’s between surface mining and flooding shortfall of nearly $13 million. offense on issues like mountaintop to violate the law and the intent of the By maintaining a mono-economy and spoon- state operators who come into our coal workforce. just before President Carter signed After two years of back and forth removal, and to make Tennessee law for months if not years before this feeding the community with whispers about how state, blast apart our land and take For these and many other SMCRA into law. He recalls an exchange between Kentucky state agencies and a leading light among Central flood happened.” environmental regulations are going to “steal your our money and mountains back reasons, Tennessee must pass the from the 1977 hearing. OSM’s Lexington office, the state has Appalachian states. The negative Immediately following the flood, jobs,” many residents in turn defend the very industry out of state and overseas, leaving Scenic Vistas Act and begin to “The congressman who was con- proposed new bond practices that impact that coal is having on our Cambrian was cited for six violations. that is likely poisoning their community and steering us with poisoned water, layoffs reverse some of these abuses of ducting the hearing said, ‘Mr. Spadaro, OSM says are still deficient. environment, our economy, and The company’s lack of reclamation B their proud culture astray. and poverty. our state, our communities, and Do you think the new law will be ef- “Time continues to elapse with- U E on public health is tremendous, had drastic consequences for those down- Y D It’s time for those who benefit most from extracting The Tennessee Scenic Vistas our citizens. fective in controlling these negative out a final solution to Kentucky’s F a but their the coal industry’s con- stream. Hydrologists serving as expert air Tr Appalachia to look in the mirror and accept responsibil- Protection Act is one way that Ten- environmental effects?’ I said, ‘Sir, I’m bonding issue,” states a Jan. 17 letter tribution to our well-being is witnesses for the residents report that the BlueSmokeCoffee.com ity for the damages to human health from coal mining.

Page 24 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 25 INSIDE APPALACHIAN VOICES About Our Program Work INSIDE APPALACHIAN VOICES About Our Program Work Appalachian Voices is committed to Red, White and Water Campaign Turns Up the Heat on Toxic Coal Ash Tennessee Office Making Ground with State Legislature, TVA protecting the land, air and water of the central and southern Appalachian On Feb. 15, Appalachian Voices’ Wilmington, scheduled to coincide with environmental groups showing coal In Tennessee, our staff is cur- that would increase disclosure and Ky., W.Va., and Va.). As of 2010, region. Our mission is to empower Red White and Water team, North World Water Day. ash has poisoned aquifers and surface rently working with the state leg- responsible party identification for surface mined coal was actu- people to defend our region’s rich Carolina Riverkeepers and other orga- In mid-January, Appalachian Voices waters at 150 sites in 36 states. islature to pass the Scenic Vistas coal operators in our state. ally more expensive for TVA natural and cultural heritage by nizations launched a campaign called joined with Earthjustice and other en- More than 5.5 million tons of Protection Act, a bill that would Tennessee Director J.W. Ran- than underground mined coal providing them with tools and strategies N.C. Can’t Wait, a petition and educa- vironmental groups across the country coal ash is created each year in North ban high elevation surface mining dolph recently gave a presentation from Central Appalachia. Appa- for successful grassroots campaigns. tion drive to protect communities from to file a notice of intent to sue the EPA Carolina, the ninth highest total in the techniques such as mountaintop to the Tennessee Valley Author- lachian Voices’ ultimate goal is to toxic coal ash pollution. to force the release of the delayed country. There are 26 active ponds in removal in the mountains of east- ity Board of Directors, where help TVA move away from the use Organizational Staff not provide a timeline on enforcement, The campaign was created after guidelines governing toxic coal ash. the state, 12 rated “high-hazard” by the ern Tennessee. In collaboration he pointed out that a relatively of surface-mined Appalachian coal and the U.S. Environmental Protection xecutive irector monitoring near coal ash ponds at The notice was filed under the Resource EPA, meaning that if the ponds were to with partners across the state, we small amount of TVA’s coal comes in their power plants. E D ...... Willa Mays Agency, who has postponed finalizing Programs Director...... Matt Wasson North Carolina’s 14 coal-fired power Conservation and Recovery Act, which break, it would probably cause a loss of are building relationships with key from Central Appalachian surface To keep up to date with our long-awaited rules that would provide Deputy Program Director / Virginia Director...... Tom Cormons plants confirmed that toxic heavy met- requires the agency to ensure that safe- human life. members of the House and Senate mines (around 2.6 percent), the Tennessee work, visit Appala- federal guidelines to clean up coal ash Campaign Director...... Lenny Kohm als such as arsenic, boron, selenium and guards are regularly updated to address To sign the petition, or to learn more committees and building grass- most expensive states for TVA to chianVoices.org/tn. lagoons nationwide. OPERATIONS & DEVELOPMENT thallium are leaking into groundwater. threats posed by wastes. about our coal ash campaign and clean roots pressure in strategic districts, purchase coal from are the four The new coalition is coordinating Operations Manager...... Susan Congelosi The petition targets the state’s De- The EPA delayed the first-ever water events, visit AppalachianVoices. while also advancing legislation Central Appalachian states (Tenn., upcoming events for the spring, includ- Administrative Associate...... Shay Boyd partment of Environment and Natural federal protections for coal ash for org/nc-cant-wait. ing a series of Clean Water Events on Director of Foundation Relations ...... Rachael Goss Resources, who reported they were nearly two years despite documented Appalachian Voices In Brief Director of Leadership Gifts ...... Kayti Wingfield March 22 in Charlotte, Asheville and investigating the contamination but did evidence by its own researchers and Church “Shares the Plate” with App Voices Go West, Appalachian Treasures! PROGRAMS Appalachian Voices recently had the honor of being Our Appalachian Treasures tour, a multimedia Washington, D.C. Director ...... Kate Rooth New iLoveMountains.org Tool Reveals “The Human Cost” of Mountaintop Removal chosen for Allegheny Unitarian Universalist Church’s presentation that educates people about the impacts National Field Organizer ...... Kate Finneran “Share The Plate” program, in which the Pittsburgh, Pa., of mountaintop removal coal mining on communities Legislative Associate ...... Thom Kay On Valentine’s Day, Appalachian numbers from the Institute for Health scientific facts give us much-needed church donates 50 percent of their quarterly tithings to in Appalachia, is feeling spring fever and making plans Tennessee Director ...... J.W. Randolph a justice-related nonprofit. After seeing an Appalachian to head to the other side if the country. North Carolina Campaign Coordinator...... Sandra Diaz Voices and The Alliance for Appalachia Metrics and Evaluation. The site also evidence to make sure our laws are Treasures presentation organized by local activist During March, our Director of Campaigns Lenny Virginia Campaign Coordinator...... Mike McCoy launched a new tool for the campaign includes summaries for twenty one truly enforced for the health of our Shane Freeman, the Reverend David McFarland and the Kohm will make a Southwestern tour of Nevada, New Water Quality Specialist ...... Eric Chance to end mountaintop removal. peer-reviewed studies that show human land and people.” ater uality pecialist church board decided to sponsor Appalachian Voices Mexico, Arizona, California, and in April, our Washing- W Q S ...... Erin Savage Dubbed “The Human Cost of health problems such as heart, respira- iLoveMountains.org is a proj- as their fourth quarter “Share The Plate” organization. ton, D.C. Director Kate Rooth will travel to Oregon and Technology & Communications Coal,” the tool features an interactive tory and kidney diseases, cancer, low ect of The Alliance for Appalachia, Longtime field staff member Austin Hall paid a visit to Washington state to share our presentation and talk with Technologist...... Benji Burrell map that definitively plots the connec- birth weight and serious birth defects which is comprised of thirteen local, the church to accept the generous $1,250 check. We’re people about the national campaign to end mountain- IT Specialist...... Jeff Deal tion between mountaintop removal coal are significantly higher in communities state and regional organizations honored and thankful to receive this donation from our top removal. Residents of communities impacted by Communications Coordinator...... Jamie Goodman mining and significant health problems near mountaintop removal mine sites. across Appalachia working to- new friends at Allegheny Unitarian Universalist Church. . the mountaintop removal method of coal mining will Americorps Communications Outreach Associate...... Brian Sewell in Appalachia with detailed profiles of “In the past year several studies gether to end mountaintop removal rendezvous with the tour to provide first-hand testimony. Americorps Public Outreach & Education Associate....Molly Moore Voice Team Receives Investigative Graphic Designer...... Meghan Darst each county. have come out about the health impacts and create a prosperous future for Since 2002, the Appalachian Treasures tour has Communications & Development Associate...... Maeve Gould The data includes poverty rates of living near mountaintop removal the region. Journalism Grant traveled to over 30 states and talked to over 10,000 In January, the editors of The Appalachian Voice and population indices from the 2010 mining,” said Ada Smith, 24, a Letcher To view “The Human Cost of people about mountaintop removal coal mining. INTERNS received a grant from the Society of Environmental Visit AppalachianVoices.org/apptreasures for up- U.S. Census, birth defect rates from County, Ky., resident and a speaker at Coal,” visit iLoveMountains.org/ Red, White & Water Senior Campaign Assistant....Amber Smith Journalists’ Fund for Investigative Journalism. Funds dates on our tour schedule! ed hite ater esearch ssistant Jordan Wise the Center for Disease Control, the I Love Mountains Day. “Though many the-human-cost. R , W & W R A ...... from the grant paid for research and travel costs as we Red, White & Water Research Assistant .... Patrick Cavanaugh Gallup-Healthways Well-Being Index, of the studies state the obvious for those investigated issues surrounding the past and present SAVE THE DATE: Registration Opens March 1 Virginia Campaign Assistant ...... Stacy Casey and life expectancy and population of us living in these communities, the problems of coal slurry impoundments in the region and for Week in Washington! Water Program Assistant ...... Jillian Kenny In Surry County, A Step in the Right Direction the enforcement troubles plaguing mined land reclama- Join The Alliance for Appalachia and Appalachian Legislative Intern ...... Ce Garrison tion under the Surface Mine Control and Reclamation Voices in Washington, D.C., June 4-6, 2012 for the 7th Editorial Communications Assistant ...... Madison Hinshaw AppalachianVoices Appalachian Voices’ campaign to Our Virginia team went into over- Act. Check out the stories on pages 14 and 18. annual End Mountaintop Removal Week in Washing- stop a massive Old Dominion Electric drive, working alongside local citizens ton. You’ll get the chance to work toward an end to Board of Directors Business League Cooperative coal-fired power plant to get the word out. Dozens of letters mountaintop removal coal mining in Chair ------Christina Howe & Renewing Membe New rs — Dec. 2011 / Jan. 2012 proposed for Surry County, Va. has and phone calls from county residents Central and Southern Appalachia by Vice Chair ------Heidi Binko ndnd been heating up. asking the board to uphold the resolu- 2 editionedition meeting with members of Congress Secretary ------Cale Jaffe Our handbook on forestry Abigail Higgins Gardening Services Papa John’s -- Boone, NC In a positive development last fall, tion were made in the week leading up and the federal agencies that regulate Treasurer ------Bunk Spann -- Vineyard Haven, MA management gives you the Rimm-Kaufman Group Managing mountaintop removal. embers t arge the Board of Supervisors in neighboring to the most recent meeting. Managing M -A -L knowledge and resources you Balloons and Tunes -- Carrboro, NC -- Charlottesville, VA In 2011, more than 150 people Clara Bingham Rick Phelps Isle of Wight County passed a resolu- Thanks to this overwhelming Your need to make smart decisions Scott Seagle Construction and from 23 states as well as directly im- Rev. Jim Deming Kathy Selvage Blue Mountain Brewery -- Afton, VA tion of opposition to the coal plant. opposition to the coal plant in Isle of about your forest and become Development -- Chattanooga, TN Woodlands pacted communities in Appalachia Dot Griffith Brenda Sigmon Doe Ridge Pottery -- Boone, NC But in a recent municipal election, Wight County, the resolution of opposi- a better steward of your land. Mary Anne Hitt Lauren Waterworth Timothy L. Warner, Inc. -- Asheville, NC gathered to ask Congress to support Framing by Lori -- Boone, NC two of the three supervisors who voted tion was upheld during a meeting on A Guide for Southern Silas House Willa Mays (Ex-officio) the Clean Water Protection Act and Hanging Dog Valley Nursery V and V Land Management and Appalachian Landowners Now with a FREE DVD: Landra Lewis for the resolution lost their seats, and a Feb. 16. We will be working to organize “Landowner’s Guide to Resource Recovery, LLC -- Del Rio, TN Produced by: AppalachianVoices end mountaintop removal coal mining. -- Murphy, NC new Isle of Wight supervisor brought other communities in the Hampton Sustainable Forestry” - from the Model Advisory Council Forest Policy Program Registration begins March 1. Visit Mast General Store -- Valle Crucis, NC Jonathan C. Allen Randy Hayes up a motion to declare the county’s Roads region of Virginia to oppose the iLoveMountains.org to register. To get your FREE copy: Sign up at: appvoices.org/reenergizing Jessica Barbara Brown Liz Riddick stance on the coal plant as neutral. proposed plant in the coming months. To become a business member visit AppalachianVoices.org or call us at 877-APP-VOICE OR contact: 1-877-APP-VOICE or [email protected] Alfred Glover Van Jones

Page 26 | The Appalachian Voice | February/March 2012 February/March 2012 | The Appalachian Voice | Page 27 Non-Profit Organization The Appalachian Voice US Postage Paid 191 Howard Street Permit No. 294 Boone, NC 28607 Boone, NC www.appalachianvoices.org

In an extraordinary story of “taking the long way ‘round,” a bird from the other side of the world paid a visit to the Hiwassee Wildlife Refuge in eastern Tennessee, shortly before the New Year. Jeffrey Davis drove 12 hours from Chester County, Penn., to take this photo of the Hooded Crane, a 3-foot tall grey and white bird (far right) that typically lives in Siberia and northern China and winters in Japan. More than 2,500 visitors from at least 35 states and five countries — including, ironically, Russia — visited Hiwassee to see the bird, who likely followed Sandhill cranes during their yearly migration from Russia to North America. A report by the Indianapolis Star placed the bird in southern Indiana during February. GET INVOLVED environmental & cultural events in the region Buffalo Creek Rememberance Mountain Justice Spring Breaks members) and includes a complimentary Email [email protected] to be included Feb. 25, Noon: In honor of the victims of the March 2-11, 21-28: Attend Mountain Justice’s membership. Members who bring a friend in our Get Involved listing. Deadline for the disaster, the Buffalo Creek Memorial Library in Spring Breaks and support grassroots, community hike for free. Great Smokey Mountains next issue will be Friday, March 30, at 5 Man, W.Va., will host “Buffalo Creek, Remember- led resistance to environmental injustice. During National Park, Tenn. Contact Hannah p.m. for events taking place between April ing After 40 years.” featuring guest speakers and this week-long in event there will be mountaintop Epperson, [email protected], or visit 20 and June 20, 2012. an audio and slideshow presentation. For more removal site visits and an opportunity to meet friendsofthesmokies.org. info call the library at (304) 583-7887. with local residents. Workshops, organizing skills, Old Time String Band Day Little Owl Music & Arts Festival trainings, site tours, mountain music and danc- Join WMMT FM Clean Energy Lobby Day March 17, 9 a.m. - 8 p.m.: March 31, 12 p.m. - 6 p.m.: Join Audubon ing. March 2-11, Appalachia, Va. March 21-28, 88.7 and Appalshop for a day of classes, concerts, Feb. 28, 8:30 a.m. - 3 p.m.: Join KFTC mem- Acres for a fun day including a flying show by Northern West Virginia. Visit mjsb.org dancing, and fun with Kentucky’s rich heritage of bers and the Kentucky Sustainable Energy Alliance Save Our American Raptors with dramatic birds of traditional music. Square dance at 7 p.m. with for a day of conversations with legislators about the Wild & Scenic Film Festival prey. Performing and visual arts by Jerre Haskew Michael Ismerio. Registration begins at 9 a.m. benefits of clean energy for Kentuckians and the March 11, 1 p.m. - 5 p.m.: Georgia Forest- of Cumberland Trio, Uncle Lightning, Ray Zim- and is $25/person, $3/lunch. Whitesburg, Ky. Visit Clean Energy Opportunity Act of 2012. Frankfurt, Watch has teamed up with Upper Chattahoochee merman, Marcus Ellsworth, Troy Underwood, appalshop.org. Ky. RSVP by e-mailing Lisa Abbott at [email protected]. Riverkeeper and Georgia River Network to present Hara Paper and Jeff Pfitzer. Food, contests, face Energy Innovation Forum their 5th annual environmental film festival. $15 Mother Nature’s Child painting and nature walks. $5/ person, or $10/ car. general admission, $12 for students/seniors, $11 March 1, 6 p.m.: Appalachian State University March 24, 7 p.m.: SustainFloyd’s Winter Film Chattanooga, Tenn. Contact Bill Fisher at (423) for groups of 8 or more. Landmark Midtown Art will host Energy Innovation in the High Country, a Series presents Mother Nature’s Child. In an age 892-1499 or [email protected]. Cinema, Atlanta, Ga. Visit gafw.org. forum to discuss current energy issues and ways to when our children spend much of their time inside, Coal Mine Health and Safety with move forward with renewable technology. Hear from “A View From the Mountaintop” this film looks at the importance of a relationship Ken Hechler local business leaders, industry experts and ASU March 11: Renowned author Barbara Kingsolver with the natural world. A panel discussion will fol- April 2: The Honorary Ken Hechler will speak faculty. Broyhill Inn & Conference Center, Boone, and Grammy-award-winning singer Kathy Mattea low the screening. $5. Floyd Country Store, Floyd, about his work as a former West Virginia Senator in N.C. E-mail: [email protected]. will combine their talents for an evening of spoken Va. Visit sustainfloyd.org. the U.S. Congress and his work in passing the most Remembering 40 Years of Black word and song at the Bijou Theatre that celebrates The Last Mountain Documentary far-reaching coal mine health and safety legislation Water: Buffalo Creek to Today their shared Appalachian heritage and casts a in Spartanburg in American history. Free. For information and time of spotlight on mountaintop removal mining. Knoxville, March 2, 5 p.m. - 6 p.m.: The Sludge Safety March 27, 7 p.m. - 9 p.m.: Screening pre- events contact Karen at [email protected]. Tenn. $25. Purchase tickets through knoxvilletickets. Project will commemorate the 40th anniversary of sented by Upstate Forever, this documentary Blue Ridge Wine & Food Festival com, knoxbijou.com, or by calling (865) 684-1200. focuses on residents of Coal River Valley of W. Va., the Buffalo Creek flood at the W.Va. State Capitol April 11-15: Enjoy wine tastings, seminars, a small but passionate group of ordinary citizens in Charleston. Musicians, speakers, prayers and Hike Along the Kephart Prong Trail cooking classes, wine makers’ dinner and much who are trying to stop Big Coal from continuing film included. A candlelight march will follow the March 17, 9:30 a.m.: Danny Bernstein, author more. This year’s special guest is Teresa Giudice, the devastating practice of mountaintop removal. program. SSP will host a dinner to discuss the fu- of Hiking North Carolina’s Blue Ridge Heritage, bestselling cookbook author and reality TV star. Free. Spartanburg, S.C. Visit upstateforever.org. ture of sludge-related organizing in West Virginia. will lead this 4 mile hike. A $35 donation for the Blowing Rock, N.C. Price varies by event. Visit Visit sludgesafety.org Smokies Trails Forever program is requested ($10/ blueridgewinefestival.com. Page 28 | The Appalachian Voice | February/March 2012