Published: January 13, 2025 |

The highwall at the Doughnut Hole Area on Poca Mine contributed to OSMRE’s Ten Day Notice filing. (Photo Courtesy: OSMRE)
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Bluestone Coal Corporation’s mining permit for its Poca Surface Mine was suspended by the West Virginia Department of Environmental Protection.

According to a press release, the mining permit for Bluestone Coal Corporation’s Poca Surface Mine in Wyoming County, an almost 600-acre mountaintop removal coal mine operated by the Justice family, was suspended by the West Virginia Department of Environmental Protection for various infractions.

The choice to suspend the mining permit falls short of a December directive from the federal Office of Surface Mining Reclamation and Enforcement that aimed for the permit to be revoked by the DEP.

13 notices of violation and 16 cessation orders were issued by the DEP in the past year due to failures in reclamation, sediment and runoff control, unlawfully dumping dirt and rock into an ephemeral stream, and other regulatory infractions.

Concerns were raised by the West Virginia Highlands Conservancy and Appalachian Voices in February 2024 due to the continued noncompliance of the company and how it impacted the endangered Guyandotte River crayfish, which is an indicator species for the area’s water quality.

The DEP told Bluestone the concerns would need to be dealt with before any permit renewals could occur. However, the press release stated the groups were not contacted by Bluestone and that new violations continued to occur at the Poca mine, causing the permit renewal to be held in abeyance by the DEP.

Due to there being no permit renewal, Bluestone was still responsible for reclamation and cleanup but could not take coal from the location.

“Enough is enough: a mine owned by former governor and now Sen. Jim Justice’s family cannot be allowed to perpetually flout environmental standards. True reclamation can create lasting jobs and genuinely strengthen our communities — far more than the short-term gains of a coal baron ever will,” said Andrew Young, chair of the West Virginia Highlands Conservancy’s Extractive Industries Committee.

Federal mine inspectors went to the mine on Nov. 29, 2024, where they saw that the long-standing violations were not dealt with by the Justice company, as well as finding that coal was being mined in violation of the status of the permit.

“This mine is in dire need of grading, revegetation, and sediment control. Jim Justice and his kids could be putting miners to work doing this reclamation, but they aren’t doing that,” said Willie Dodson, Coal Impacts Program Manager for Appalachian Voices.

“It’s no wonder this permit is being suspended, but it’s high time the DEP revoke it outright, seize the bond and use the bond money to employ people to reclaim the site,” added Dodson.

A notice of imminent harm and cessation order was issued to the DEP on Dec. 10 by the OSMRE. The order, which had the DEP find patterns of violations at the mine and revoke the company’s permit, showed Bluestone’s violations and unpermitted activity, as well as the lack of action being taken.

The state responded on Jan. 8 with the DEP’s decision to suspend the permit on Jan. 6 instead of revoking it due to Bluestone not lessening the violations.

According to the press release, two patterns of violations were found by state regulators on Dec. 30 and seven patterns of violations on Jan. 2. “Show Cause” orders were issued for the patterns, which were necessary before permits could be suspended or revoked, and two violations were discovered to have been fixed.

The press release stated that Bluestone Coal Corporation will have until Jan. 29 and Feb. 1 respectively to appeal the seven Show Cause orders, and will have until March 7 to appeal the mining permit suspension.

Source: WOWK TV

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