DEP appeals Goals silo permit during protests

Washington (Platts)--20Mar2007

Protesters objecting to the permit to allow Massey Energy to construct a
second coal-storage silo near an elementary school staged a sit-in Friday at
Governor Joe Manchin's office reception area in the state capitol in
Charleston, West Virginia.

Eleven of the protesters were arrested, according to a Friday statement from
Coal River Mountain Watch, one of the groups opposing the permit for Massey
subsidiary Goals Coal approved March 13 by the West Virginia Surface Mining
Board (PCT 3/15).

Meanwhile, the West Virginia Department of Environmental Protection has
appealed the SMB decision, DEP spokeswoman Jessica Greathouse told Platts on
Monday.

DEP Secretary Stephanie Timmermeyer filed the appeal in the Circuit Court of
Kanawha County, stating: "The express purposes of the surface mining laws
include: protection of 'the public and the environment from the adverse
effects of surface-mining operations' and assurance of 'the exercise of the
full reach of state common law, statutory and constitutional powers for the
protection of the public interest through effective control of surface-mining
operations'." Among other things, DEP asks for a stay of the SMB order "to
prevent Goals from unlawfully proceeding with construction of the silo. ?"

On Monday, neither Manchin nor Massey would elaborate on their previous
statements.

Protesters have contended that the second silo at the site is too near Marsh
Fork Elementary School, and the coal dust from the site is harming students'
and teachers' health, according to CRMW. In a series of statements, the group
has lambasted Manchin for not addressing the problem.

Massey, meanwhile, has maintained that the new silo will be environmentally
beneficial because it covers what would otherwise be an open coal-storage
pile.

CRMW protest organizer Hillary Hosta acknowledged in a phone interview with
Platts on Friday that the group had staged the sit-in, and she was among those
arrested. In a YouTube Internet video of the protest, she tells the crowd that
the Marsh Fork controversy is pertinent "to everybody who turns a light switch
on in the Southeast." She advocated renewable power options to help "diversify
the economy in these areas that were previously dominated by coal economics
only. ? Mono-economies are not healthy."

About six state policemen and capitol police were videotaped removing
protesters. The CRMW statement said that "parents, community leaders and
student activists were arrested. ?"

Manchin: Decision to move school is a local one
Protesters have asked Manchin to get the school moved to another site further
away from the coal operation, and they say that "the permit application
associated with the second silo's operation predicts an increase in coal dust
emissions by three and a half tons of dust per year."

In a Friday statement in response to the protest, Manchin said, "The decision
to close, consolidate or establish any school belongs to the county board of
education. ? I am encouraging the local school board to put the decision on a
new school at Marsh Fork before a vote of the people of Raleigh County so they
can determine the final outcome themselves." Manchin did not have any further
comment on the protest action.

In a statement last week, Massey CEO Don Blankenship said, "We are pleased
with the [SMB] ruling and view the proposed silo as another step in our
efforts to improve environmental performance at the site." Massey did not have
further comments on the appeal Monday.

-- Steve Hooks, steve_hooks@platts.com