Cameron Residents Raise Concerns Regarding Mining Under Three Flood Control Dams
Emma Delk Trending
CAMERON – Residents who may be impacted by longwall mining under three high-hazard dams near Cameron voiced their concerns during a public meeting held by the West Virginia Department of Environmental Protection.
Tuesday night's meeting was held regarding the proposed Certificate of Approval for mining under the three flood control dams in the Grave Creek watershed located in Marshall County.
Marshall County Coal Resources obtained a mining permit approximately 10 years ago to conduct operations underneath the structures.
The public hearing meeting concerned MCCR's requirement to obtain a Certificate of Approval from the WVDEP’s Dam Safety Office in order to make any repairs needed as a result of mining activity.
The COA would provide legal measures to hold MCCR accountable for any damages to the dams caused by its actions. American Consolidated Natural Resource, previously known as Murray Energy, will perform the mining.
WVDEP officials and representatives from the West Virginia Conservation Agency, the Northern Panhandle Conservation District and MCCR were on Tuesday's panel to field questions, provide information and accept formal comments on the issue.
WVDEP also had staff from its Division of Mining & Reclamation available to meet with citizens after the meeting to answer general questions related to their concerns and collect contact information to follow up on these issues.
Meeting attendees raised concerns multiple times about the three dams' high-hazard status during the hearing. Under the WV Code of State Rules Series 47-34, the failure of a Class 1 High Hazard dam may result in loss of life and major damage to property.
During the formal comment portion of the meeting, Northern Panhandle Conservation District supervisor Amy Wade voiced her concerns that WVDEP and MCCR officials had not fully considered the dams' use as flood control structures constructed to "very specific standards" devised by the Natural Resource Conservation Service.
The NPCD owns and manages the three dams, and the land on which they sit was granted to the agency through an easement. ACNR owns the mineral rights to the land on which the dams sit.
According to NPCD supervisors Robert Luchetti Jr. and Eric Freeland, ACNR officials have confirmed to the NPCD that the mining will cause subsidence, which is the gradual sinking or caving in of land at the dams due to the mining. The planned subsidence will damage these structures.
Wade noted that, to her knowledge, mining has never been performed under a high-risk flood control dam.
Wade questioned WVDEP Division of Mining & Reclamation official Dustin Johnson whether they had previously dealt with mining under a flood control dam. Johnson responded that the "only difference" between the flood control dams and an impoundment, another type of dam used to store water, is "the function." He noted the reaction that would "structurally affect" a dam would be "very similar" to that of an impoundment, which have been mined under before in the state.
"From the very beginning, when this was presented to us, I have very much felt that the difference of these structures that have never been mined, as far as we can find anywhere, has not been valued," Wade said. "What concerns me as someone responsible for the operation and maintenance of the dams is that these are not impoundment ponds. These are flood control structures that are drastically different."
Other attendees at Tuesday's meeting raised concerns regarding how flooding would be dealt with if the mining resulted in damage to the dams. WVDEP Chief Communications Officer Terry Fletcher addressed these concerns, stating there is currently an emergency action plan in place in the event a flood was to happen. He added the WVDEP was currently working with the Marshall County Office of Emergency Management to create a supplemental emergency action plan as well.
"We have emergency action plans in place where we coordinate and notify citizens as soon as possible (in the event of flooding)," Fletcher said. "We have monitoring in place (at the dams) that we'd be able to detect something like that if it were to happen. There are plans in place to get citizens out to ensure that everyone remains safe."
Marshall County Office of Emergency Management Director Tom Hart informed attendees during the meeting that those living near the dams would be notified in the event of flooding.
Another audience member questioned whether mine entries had already been put underneath the dams. Marshall County Coal official Paul McGee confirmed that entries were in at the dams.
Cameron resident Patrick Parker took the microphone and asked how residents would be compensated for property damages if any dams failed.
"If the dam gives, will they pay for everyone's houses?" Parker asked. "Because if they don't pay for it when they mine, they just leave the homeowner to fend for himself. I'm not against mining, but I am for multi-billion dollar companies helping the little man once they ruin their home."
Fletcher said if "something like that were to happen," it "may be a situation" that would "probably be settled in some kind of court."