1

 2

 3

 4

 5

 6

 7
 9                    PUBLIC HEARING
                  Draft Programmatic EIS
10    Mountaintop Mining/Valley Fills in Appalachian
                Charleston, West Virginia
11                    July 24, 2003

12
       **********************
13

14

15             Afternoon Session:  2-5 p.m.

16

17

18

19

20

21

-------
 1  APPEARANCES:

 2
    Mark A. Taylor, Chairman, US Army Corps of Engineers
 3
    Jeff Coker, Office of Surface Mining
 4
    Mitch Snow, U.S. Fish & Wildlife Service
 5
    Russell Hunter, WV Dept. of Environmental Protection
 6
    John Forren, U.S.  Environmental Protection Agency
 7
    Kathy Hodgkiss, U.S. Environmental Protection Agency
 8
    Katherine Trott, U.S. Army Corps of Engineers
 9

10

11

12

13

14

15

16               The Corps of Engineers, U.S.

17  Environmental Protection Agency, U.S. Fish and

18  Wildlife Service,  U.S. Office of Surface Mining, and

19  West Virginia Department of Environmental Protection,

20  joint public meeting was held at 2:00 p.m.,

21  July 24, 2003, at the Charleston Civic Center,

22  Charleston, West Virginia before Michele G. Hankins,

23  Court Reporter.

24

-------
 1                       CONTENTS

 2
    Introduction:                                   Page
 3
           By Mr. Chairman:                            4
 4
    Speakers:
 5
            1.  Bill Rainey                           13
 6          2.  Ted Hapney                            18
            3.  Wesley Ball                           22
 7          4.  Jeremy Muller                         24
            5.  Cindy Rank                            28
 8          6.  Vivian Stockman                       32
            7.  Liz Garland                           32
 9          8.  Sandi Lucha                           39
            9.  Frank Young                           40
10         10.  Wayne Coleman                         45
           11.  Carol Warren                          49
11         12.  Jack Henry                            52
           13.  Diana Wood                            57
12         14.  Natalie Spencer                       62
           15.  John Metzger                          67
13         16.  Randy McMillion                       70
           17.  Karen Keaton                          72
14         18.  Terry Brown                           73
           19.  Doug Waldron                          74
15         20.  Mike Vines                            77
           21.  Jeremy Fairchild                      79
16         22.  Andy Ashurst                          82
           23.  Lee Barker                            83
17         24.  Larry Keith                           87
           25.  Robert Wilkerson                      90
18         26.  Fitz Steele                           95
           27.  William Runzon, Jr.                  105
19         28.  Benny Dixon                          107
           29.  Mike Comer                           110
20         30.  Nelson Jones                         112
           31.  Bob Gates                            113
21         32.  Corky Griffith                       114
           33.  Ed Painter                           118
22         34.  Warren Hilton                        120

23

24

-------
                                                     4





 1                PROCEEDINGS





 2               MR.  TAYLOR:  Good afternoon.





 3               I would like to welcome you here to the





 4  public hearing on the draft Mountaintop Mining





 5  Programmatic Environmental Impact Statement.





 6               We will begin with some general





 7  information about the facilities here.





 8               This is a non-smoking facility.  We ask





 9  that you go outside the building to smoke.





10               Please note the location of the





11  emergency exits.   In the event of an emergency,





12  proceed in an orderly fashion as quickly as possible





13  to the nearest exits from the building.





14               The restrooms for the facility are out





15  the back doors to the left, and again to the left.





16               Approximately every hour,  or so, during





17  the course of the hearing, we will call for a





18  five-minute comfort break.





19               Hopefully this will provide sufficient





20  opportunities for everyone to take a break, so no one





21  need miss any of what is said here today.





22               As you entered the forum,  you have





23  noticed the registration table.  We hope that





24  everyone registered as you came in.

-------
                                                     5




 1               If by some chance you didn't, we ask




 2  that you take a moment to register before you leave.




 3               Folks will no doubt be coming and going




 4  throughout the hearing, and this is the only way that




 5  we have to get a reasonable, accurate idea of the




 6  public participation at these hearings.




 7               Even more importantly, if you came in




 8  here today with the intent of speaking at the




 9  hearing, you must complete a registration card.




10               If you plan to speak and haven't already




11  registered, please go back and register as a speaker




12  now.




13               If there is anyone who cannot come up on




14  the steps to speak here this evening, please let me




15  know when you come forward, assumingly,  and I will




16  bring them a wireless microphone out to the front of




17  the stage.




18               Let us all be courteous to the speakers




19  by turning off our cell phones -- at least the




20  ringers on them.  And be respectful of the speakers,




21  regardless of their point of view.




22               Everyone's point of view is important,




23  and in fairness to all points of view, please respect




24  each speaker here tonight.

-------
                                                     6




 1               As you may already know as part of the




 2  December 1998,  settlement agreement, the agencies




 3  represented here on stage today, agreed to




 4  participate in the preparation of a Programmatic




 5  Environmental Impact Statement, on the impact of




 6  mountaintop mining and its associated valley fills.




 7               The purpose of this Programmatic EIS, as




 8  specified in the settlement agreement, was to:




 9               "... to consider developing agency




10  policies, guidance, and coordinated agency




11  decision-making processes to minimize, to the maximum




12  extent practicable, the adverse environmental effects




13  to waters of the United States, and to fish and




14  wildlife resources, affected by mountaintop mining




15  operations, and the environmental resources that




16  could be affected by the size and location of excess




17  spoil disposal sites in valley fills."




18               In the time period since the settlement




19  agreement,  the agencies have diligently worked on the




20  EIS.   The agencies' efforts accumulated into the




21  development and release of the draft EIS document for




22  public review on May 29th.




23               The usual review period for a draft EIS




24  is 45 days.

-------
                                                     7




 1               However,  recognizing the widespread




 2  interest in the document,  and the need to provide




 3  sufficient time for the public to work their way




 4  through the complexities of its content,  we have




 5  extended the time frame for review and comment.




 6               In 90 days, the public review and




 7  comment period will end at close of business on




 8  August 29, 2003.




 9               This is the second of two public




10  hearings in association of the development of this




11  document.




12               The purpose of this hearing is to review




13  your comments on the draft EIS.




14               We cannot respond to your comments




15  during the hearing.  The comments will just be




16  transcribed, and we will write it down in the end as




17  part of the final EIS.




18               We are here today to listen to you.  To




19  hear what you have to say relevant to the continued




20  development of the EIS document.




21               We recognize that many organizations and




22  individuals want to comment.  So we have structured




23  these sessions to offer as many as possible the




24  opportunity to do so.

-------
 1               This is a two-part session.  The first




 2  session will run from 2 to 5, and the second from 7




 3  to 11 p.m.




 4               So we may be sure that we have provided




 5  everyone who may choose to speak an opportunity to do




 6  so,  we must limit your speaking time to five minutes.




 7               Some of you may have more comments that




 8  can be addressed in five minutes; if so, you are




 9  encouraged to submit these additional thoughts and




10  comments in writing.




11               You do not need to speak here to submit




12  comments.   You may submit written comments to the




13  attention of:  Mr. John Forren, U.S. EPA,  1650 Arch




14  Street, Philadelphia,  Pennsylvania, 19103, through




15  the close of the comment period, on August 29, 2003.




16               This address is on the information sheet




17  that you received at the sign-in register.




18               We also have provided a comment box at




19  the registration table.  If you choose to, you may




20  place your written comments on the draft EIS, in that




21  box, and we will see that they are considered along




22  with all other written and oral comment.




23               As we continue today this public




24  hearing, we would like to take a few moments to make

-------
                                                     9




 1  you aware of some ground rules for this hearing and




 2  describe how we intend to proceed.




 3               As indicated at the sign-in entrance of




 4  the building, for safety reasons, that all




 5  participants that enter the public hearing, we ask




 6  that everyone please refrain from bringing in or




 7  displaying signs, banners,  posters, into the




 8  building.




 9               We ask that you please be courteous of




10  others that are speaking, and refrain from




11  expressions of support, or opposition, to comments




12  the speaker is making.




13               As we proceed through the hearing, if




14  you have a need,  for whatever reason, to reference




15  the draft EIS, or appendices, copies of these




16  documents are available for reference in the foyer,




17  or entrance way.




18               Also, if you did not all receive a CD




19  version of the draft EIS document, a limited number




20  of CD's of the draft document are available at the




21  reference table on a first-come, first-serve basis.




22               If we run out and you would like to




23  receive a CD copy, you may also leave your name and




24  address with the person at the reference desk, and a

-------
                                                     10




 1  CD of the draft document will be mailed to you.




 2               As previously stated, in order to speak




 3  at this hearing, you must register at the




 4  registration desk in the foyer, or entrance way,




 5  indicating your desire to speak.




 6               If you did not come here intending to




 7  speak,  but change your mind during the course of the




 8  hearing,  you, too,  must register at the registration




 9  desk.




10               Our planned five-minute comfort break,




11  approximately every hour, should provide an




12  opportunity for you to register to speak, if you




13  haven't already done so.




14               You may not register to speak, or give




15  any portion of your speaking time to anyone else.




16               If you speak, and do not take the full




17  five minutes allotted, we will proceed to the next




18  speaker on the list.




19               No one person may speak more than once.




20  We will be calling out names for those people who




21  signed up to speak in the order in which we receive




22  them.




23               I will announce each person's name,  as




24  well as the next name.

-------
                                                     11




 1               In order to keep things moving as




 2  efficiently as possible, as a speaker is coming up on




 3  the podium to speak, the next person to speak is




 4  asked to move toward the podium and sit at the end




 5  over here.




 6               Again, you must limit your comments to




 7  no more than five minutes.   At the four-minute mark,




 8  we will hold up a card indicating that you have one




 9  minute remaining, so that you begin winding up your




10  comments.




11               In fairness to everyone who wishes to




12  speak, when we hold up the card indicating that your




13  time has expired, please end your comments.




14               If you have more comments, or just want




15  to submit written comments, you may place them in the




16  box at the registration table that was provided to




17  receive any written comments, or mail them to the




18  previously identified EPA Philadelphia address.




19               Again, all comments will be transcribed.




20               We ask those that are speaking to please




21  speak clearly, loudly enough to be heard, and be




22  mindful of the fact that the transcriber is trying to




23  catch everything you are saying.




24               If the transcriber is having difficulty

-------
                                                     12




 1  hearing or understanding what you are saying,  they




 2  may stop you and ask you to speak up, or repeat what




 3  you have said.




 4               Please accommodate.




 5               We ask that you begin speaking by




 6  clearly stating your first and last names and




 7  indicating the community and state that you are




 8  from.




 9               When transcribed, the oral comments and




10  written comments will be incorporated into a Comment




11  Summary Document and will be a part of the final EIS




12  document.




13               All comments will be considered in




14  development of the final EIS document.




15               Copies of the Comment Summary Document




16  will be available upon request in association with




17  the publication of the final EIS  document.




18               Again, I would like  to emphasize that we




19  all be courteous to all the speakers.




20               The first speaker this afternoon is




21  Mr. Bill Rainey, and the second speaker will be




22  Ted Hapney.




23               While those two speakers are making




24  their way forward, I would ask each agency

-------
                                                     13




 1  representative to introduce themselves.




 2               MR. TAYLOR:  Mark Taylor, Office of




 3  Planning, Corps of Engineers.




 4               MR. COKER:  I am Jeff Coker, Office of




 5  Surface Mining.




 6               MR. SNOW:  Mitch Snow, U.S. Fish &




 7  Wildlife.




 8               MR. HUNTER:  I am Russell Hunter with




 9  the West Virginia Department of Environmental




10  Protection.




11               MR. FORREN:  I am John Forren, EPA.




12               MS. TROTT:  Catherine Trott, with the




13  Corps of Engineers.




14               MR. CHAIRMAN:  Thank you.




15               MR. RAINEY:  Thank you, Mr. Chairman.




16               I am Bill Rainey.




17               I am here proudly representing the




18  West Virginia Coal Association, from Charleston,




19  West Virginia, and other members of the EIS




20  Committee.




21               On behalf of the coal industry here in




22  West Virginia, I want to compliment you all and your




23  agencies on the tremendous effort.




24               Often criticized, often argued, but a

-------
                                                     14




 1  huge effort, and a tremendous undertaking, and there




 2  are substantial findings in this report.




 3               I am proud to represent an industry that




 4  is the second-leading producer of coal, from a volume




 5  standpoint, in this nation.  And the leading




 6  producer, from an energy standpoint, in this country.




 7               We have been most active in this past




 8  four years in this process assisting the agencies




 9  every time that we were asked.  Developing data and




10  studies to validate the scientific portions of this




11  report.




12               And overall, the people here today are




13  proud of what they are doing.  They are proud of what




14  they have done, producing coal here, in




15  West Virginia.




16               Using valley fills, mountaintop mining,




17  underground mining, and conventional contour methods,




18  they are proud of all that they have done in this




19  state for 30 years.




20               The report that is intertwined with the




21  acknowledgment that what we have been doing in




22  West Virginia is right with two fellow court cases




23  that have acknowledged that West Virginia and




24  Kentucky compliance with the laws, and regulations,

-------
                                                     15




 1  of the United States, as well as the respective




 2  states, Kentucky and West Virginia.




 3               Our people, all 16,000 of those that




 4  directly dig coal,  and the more than 100,000 of West




 5  Virginians who depend on a modern coal mine operating




 6  every day, somewhere in this state, want to continue




 7  to live in West Virginia.  They want to raise their




 8  families here, they want to continue to hunt in the




 9  mountains, and fish in the streams of this state.




10               They can do that,  if we continue to mine




11  coal in this state.




12               If we look forward.  They cannot;




13  however, if the wrong decision is made in the final




14  report.




15               The EIS is not a side show, like the




16  opponents of the industry are likely to make it.




17  It is a serious document with millions of dollars of




18  research, thousands of hours of discussion,




19  investigation, and analysis.




20               It validates the solid practices of




21  West Virginia mining over the years.  It validates




22  what is and has been done in West Virginia, as I




23  said, for the last 30 years.




24               It calls for consolidation of the

-------
                                                     16




 1  permitting process to be efficient and meaningful.




 2               Alternative 3,  of the report,  will




 3  establish predictability and dependability of




 4  competence.




 5               Local people.   It will allow local




 6  people to solve and address  local problems.  It will




 7  allow our people to continue to work,  and our




 8  companies to continue to invest in West Virginia.




 9               The right decision must be made to




10  preserve our people their jobs and their families




11  here in West Virginia.




12               Industry scientists, the best in the




13  world, the ones that have worked side by side with




14  you agencies, together,  as  well as independently,




15  will provide comments and recommendations to the




16  substance of this report.




17               The bulk of those will be offered at  the




18  second session this evening  and they will be




19  substantive.  Also, the written comments in the




20  industry will be substantive.




21               The people you  will hear from initially




22  are worried about their future, and they are, as




23  I have said, proud of what  they are doing,  and what




24  they have done.

-------
                                                     17




 1               They live in West Virginia, and they




 2  live in the coal fields.   They hunt in the same




 3  mountains they are mining coal from, and they fish in




 4  the streams that are receiving the discharges from




 5  the operation.




 6               They raise their family on wages from an




 7  honest and long day's work.




 8               Please keep in mind as you listen to




 9  their concerns, and study the scientific data, and




10  review their outstanding operations, that they are




11  proud West Virginians, bringing this country the most




12  stable and secure fuel known to man.




13               They are mining America's best friend,




14  coal.  And they are doing it for homeland security,




15  and they are doing it better than anyone else.




16               We are glad that you are here today, and




17  we are glad that the project is near finished.  We




18  want to get on with what we do best, and that is




19  mining coal and in as an environmentally-sound




20  manner, as anywhere in this world.




21               The men and women that you will hear




22  from and meet today, are looking forward, and they




23  want a future, and they do this every day, here in




24  West Virginia.

-------
                                                     18




 1               I am very,  very,  proud to represent




 2  them.




 3               They are real; their concerns are real,




 4  and they certainly do know what they are doing.




 5               Thank you all very much for listening.




 6               MR.  CHAIRMAN:  Our next speaker is




 7  Ted Hapney,  and the following speaker will be




 8  Wesley Ball.




 9               MR.  HAPNEY:   My name is Ted Hapney.




10               I am with United Mineworkers.




11               Mr.  Chairman, first let me thank you,




12  and members  of the panel,  to have the opportunity to




13  speak here.




14               Since several reports have appeared over




15  the years in the media,  incomplete, or inaccurate,




16  indicating the position of the United Mineworkers




17  with regard  to mountaintop removal.




18               I believe that it will be helpful to me




19  to briefly outline our position.




20               The United Mineworkers believe that




21  protecting our environment is essential.  We have




22  pointed out  many times that our members live in these




23  communities  in which mining takes place, and strongly




24  believe that we have a duty to the future generations

-------
                                                     19




 1  to protect our environment.




 2               At the same time,  we make no apologies




 3  for seeking and promoting jobs  available in mining,




 4  or related to the industry.




 5               After all,  these jobs pay on the average




 6  of $50,000 per year,  plus retirement,  plus medical




 7  benefits.




 8               West Virginia is already 49th per




 9  capita.   We surely do not want  to drive ourselves




10  even further into the negative  position.




11               Unfortunately,  the debate is often




12  between two extreme positions,  one calling for




13  abolishment of coal mining,  and the other one




14  declaring the type of restrictions of mining that




15  will advantage the power of the people who ruin local




16  streams.




17               We do not agree with either.




18               Some media have suggested that the




19  United Mine Workers,  is the only interested in




20  protecting their members' jobs.




21               They work on mountaintop removal sites.




22  Make no mistake, that is also important to us.  As




23  the statement of policy makes clear;  however, we




24  believe that the circumstances  is unfounded since we

-------
                                                     20




 1  also believe strong environment and community




 2  protection.




 3               We do not believe jobs in the -- we




 4  believe -- I'm sorry,  we believe that jobs provided




 5  in coal mining are worth fighting for and preserving.




 6               This is particularly true in the economy




 7  in which the sector of jobs are often low paying,  and




 8  without benefits.




 9               We are proud of our support for such




10  jobs.  At the same time, we support strong




11  regulations, and enforcements of them; for water




12  resources, for our communities.




13               And we believe that families living in




14  these communities should have the protection against




15  blasting debris and degradation of community.




16               We believe that coal companies should be




17  held to the highest standards of protecting us,  and




18  the State and the Federal officials entrusting




19  enforcement, have no -- excuse me -- have on




20  occasion, not sufficiently protected our community.




21               We also believe that many sites




22  throughout West Virginia have historical




23  significance.  Such as, the historical portions  of




24  Blair Mountain, and the Stanley family on Kayford

-------
                                                     21




 1  Mountain.   These must be preserved, and thus should




 2  be off limits for mining.




 3               The coal industry remains a mainstay of




 4  the mountain state economy.




 5               Coal, and coal-burning utilities,




 6  account for nearly 60 percent of the State's Business




 7  Tax and Revenue, paid by coal companies, which rose




 8  more than 35 percent between 1985,  and 1996.  At the




 9  same time,  the price of West Virginia coal dropped 26




10  percent.




11               West Virginia companies employed more




12  than 14,000 miners directly and using the economy




13  multiplier, employed a Federal government -- employed




14  by the Federal government, the industry accounts for




15  more than 40,000 jobs.




16               In much of West Virginia, and portions




17  of northern West Virginia, the impact would be




18  particularly pronounced.  In Boone County, for




19  example,  most of the jobs in the work force is




20  employed by coal industry.




21               In the coal counties in the state, over




22  10 percent of all jobs are directly linked to coal




23  mining; thus, this is not in the interest of our




24  membership that border the interest of the citizenry

-------
                                                     22




 1  of the State.




 2               The issues resolved in an equatable time




 3  and manner.   The Union is proudly working --




 4               I'm sorry.




 5               This Union has proudly, historically,




 6  been working on the interest of our members, and on




 7  behalf of the working men and women of the




 8  communities  that live here, and we intend upon




 9  upholding our tradition.




10               MR. CHAIRMAN:  Sir, your time has ended.




11               MR. HAPNEY:   Thank you.




12               MR. CHAIRMAN:  Mr. Wesley Ball.




13               Our next speaker is Jeremy Muller.




14               MR. BALL:  Howdy.




15               My name is Wesley Ball, and I'm a strip




16  miner from Chapmanville,  West Virginia.




17               I am a single parent, with three boys.




18               I moved in and out of this state for the




19  last 20 years trying to make it here.  I have a house




20  that I own,  that I can't live in because I can't




21  afford to.




22               If I go south enough, and I see enough




23  down there -- this environmental thing?  You ought to




24  go down there, and try it, because they are doing the

-------
                                                     23




 1  same thing.  It only affects us because we are moving




 2  coal.




 3               It is hard enough to mine it, with the




 4  regulations, and safety, and all the other things,




 5  because you guys is on us.   You all are there every




 6  day, you see what we do.




 7               There is nothing we can hide; nothing.




 8               So why?  We mine it the best we can.




 9               There is more game in this state than in




10  any other time in my life.




11               We hunt, we fish, we live a good life,




12  and it is thanks to the mining people that we have




13  been able to recreate this habitat for this game, to




14  be able to clean the waters up for the fish -- that




15  has caused it.




16               When I was a boy, I used to fish a lot,




17  and I  still do, but not quite as much.  There is




18  still  fish everywhere I fish.  There is game




19  everywhere I hunt.




20               It ain't hurting nothing.




21               If nothing else, it's providing a




22  living.




23               Like I said, I am tired of moving




24  south.  I have been south so much now, that I don't

-------
                                                     24




 1  even call myself a West Virginian no more, and it is




 2  hard to live here.




 3               My boys are back here, they are wanting




 4  to grow up, and I am tired of moving.




 5               You folks think it's easy; you want to




 6  end this stuff, stop this mountaintop removal.




 7               To me, it is black and white, if we are




 8  going to stop it, let's stop it all, everywhere.




 9               Let's not dirty a stream, let's live




10  under rocks and cut the electric.  That is how we




11  ended up.




12               The point is, if you are going to do it,




13  instead of being a convenient environmentalist, let's




14  do it and end it all.




15               I can live under the rock with the rest




16  of you.




17               That is how it is.




18               MR. CHAIRMAN:  Jeremy Muller.




19               Then the next speaker will be




20  Cindy Rank.




21               MR. MULLER:  My name is Jeremy Muller.




22  I am the Director of the West Virginia Rivers




23  Coalition.




24               I came down from Elkins, West Virginia.

-------
                                                     25




 1               Gentleman, Ms. Trott, I appreciate your




 2  time.




 3               Mountaintop Removal Coal Mining EIS; is




 4  this a joke?




 5               Seriously, is this a joke?




 6               Agencies were directed by a ' 98 lawsuit




 7  to report in 2000, to minimize the potential for




 8  adverse individual accumulative impacts of mining




 9  operations.




10               In 2003, you decide that more agency




11  communication is the answer?




12               Have you been drinking from the Kanawha?




13               724 miles of Appalachian streams have




14  been buried.  More than the distance from here to




15  Philadelphia, and you say that agency conversations




16  will prevent that?




17               Currently, permits don't limit toxic




18  metals.




19               In one aspect of your EIS, 210




20  water-quality samples were taken; 66 of those samples




21  documented in-stream violations of selenium.




22               What is selenium?  It causes nerve




23  damage, bronchitis, pneumonia, kidney and liver




24  damage.

-------
                                                     26




 1               You say discussing this with other




 2  agencies is going to make it right?




 3               Because of insufficient monitoring




 4  requirements,  agencies and the public have no idea




 5  what pollutants come off these mine sites and in what




 6  quantities.




 7               And you say talking is going to fix




 8  this?




 9               Federal and State regulations clearly




10  ban waste disposal as the primary reason for the




11  Clean Water Act, yet in West Virginia about 4,000 of




12  our 12,000 coal permits, are for in-stream sediment




13  ponds for the sole purpose of waste treatment.




14               Better communication is going to solve




15  that?




16               Your EIS states that nearly 2,200  square




17  miles of forests will eventually be eliminated; more




18  agency talking is going to fix that?




19               West Virginia Rivers Coalition conducted




20  a report on coal mining in April of this year.   It




21  started in March, and we finished it April of 2003.




22               It looks at why coal operations still




23  pollute in West Virginia.  I believe it cost us 1,200




24  bucks, and it's 26 pages.

-------
                                                     27




 1               Yet we came up with 37 different




 2  recommendations on how you can minimize the impact of




 3  mountaintop removal coal mining on West Virginia's




 4  rivers and streams.




 5               You spent $8 million, four and a half




 6  years, 5,000-or-so pages, and your recommendation is




 7  better agency communication?




 8               Again, the original purpose of the EIS




 9  is to minimize the potential for adverse individual




10  and accumulative impacts of mining operations.




11               But instead of tougher regulations, you




12  guys in the Bush Administration proposed to




13  streamline the review of mining permits.




14               I think this is something that your




15  agencies need to talk more about.




16               Mountaintop removal coal mining EIS?




17               This is a joke.




18               But unfortunately, the joke is on the




19  coal-field residents, and the citizens of




20  West Virginia, who use our rivers and streams.




21               MR. CHAIRMAN:  Cindy Rank.  Then the




22  next speaker is Vivian Stockman.




23               Again, I would like remind you that the




24  panel is not here to answer questions today.  We are

-------
                                                     28




 1  here to listen to your comments.




 2               All questions will be answered in the




 3  final EIS.




 4               Thank you.




 5               Ms. Rank?




 6               MS. RANK:  Thank you.




 7               I hope all of the questions will be




 8  answered in the EIS.




 9               My name is name is Cindy Rank.




10               I speak here today as a representative




11  of Friends of the Little Kanawha  (Folk) , which is a




12  community group in the middle of the state.




13               And I just want to remind people who




14  don't know, or those of you who were around when it




15  happened -- many years ago -- 1980, we had an EIS in




16  our area of the country because we were threatened




17  with 50 years of coal mining that was going to




18  destroy the waters in the area.




19               At that time, EPA, in response to a lot




20  of arm twisting and court action, actually, came in




21  to do an EIS.  And at that time,  the EIS did some




22  studies and came up with recommendations, which we




23  didn't particularly care for that much,  but industry




24  didn't care for that much either.

-------
                                                     29




 1               But they were very bold steps, at that




 2  time; precedent-setting.




 3               And when it came time to agree to, or to




 4  suggest to people that indeed the EPA would be able




 5  to conduct a fair and accurate study, and come out




 6  with recommendations that would help not only the




 7  miners, but also the people who were being moved out




 8  because of the mines, I said I had only one




 9  reference -- a frame of reference -- and that was




10  with our EIS.




11               I said, at least it will give you some




12  time, and the agency some time, to consider what had




13  become a runaway practice that was destroying lots of




14  lands, and lots of streams, and lots of people's




15  homes.




16               I said that there would be good studies




17  done, and hopefully some good recommendations.




18               Unfortunately, I don't think that this




19  EIS has fulfilled -- what I would consider -- half




20  promises made to me, and to the people who wanted to




21  enter into the agreement to do this EIS.




22               True, there are good studies that have




23  been done, and I think some of them are going to be




24  referred to in the future many, many, times.

-------
                                                     30




 1               But unfortunately, the recommendations,




 2  and the alternatives that have been proposed, I think




 3  only further the level of frustration of the




 4  communities involved,  and to the good people in this




 5  audience to go to the people in the communities who




 6  have been intimidated, and won't come to these kinds




 7  of hearings, and the frustration level on both sides




 8  of the fence is going to be increased, and not




 9  placated by another -- however many years -- of




10  discussing it, and trying to figure out problems,




11  based on a limited discussion in the communities to




12  the families who even if they don't mine the coal,




13  live in those communities, and have for a long, long,




14  time, and have to move because of the damage to their




15  homes, and because of the fills that are above them,




16  and to the waters that have been destroyed.




17               I think at least some of the people in




18  this room -- even though they will not say so -- know




19  that there is damage being done, and know that this




20  EIS is not going to help resolve some of the




21  problems — most of the problems — that are out




22  there — from the damage to the waters, and to the




23  homes.




24               We will be submitting comments later on.

-------
                                                     31




 1               We would also ask that if there is a




 2  possibility of extending the comment period a month,




 3  we would request it,  because it certainly is a lot to




 4  digest.




 5               One of the things that we will be asking




 6  ourselves as we continue to look through this EIS, is




 7  that what is the purpose of the Clean Water Act,  and




 8  what are the goals of the Surface Mine Act?




 9               I think we have a tendency to forget




10  that.




11               And if I could read from the Clean Water




12  Act, the objective of the act is to, ". .  . restore




13  and maintain the chemical, physical, and biological




14  integrity of the nation's waters."




15               The Surface Mine Act, the purpose of




16  this act is to, ". .  .  establish a nationwide program




17  to protect society and the environment from the




18  adverse effects of surface coal mining operations."




19               And in looking at the purpose of those




20  two acts, we will continue to ask ourselves:




21               Does this EIS fulfill, or take us closer




22  to those goals, rather than just mediocre carrying on




23  things the way they are, or backsliding?




24               My initial impression, and probably our

-------
                                                     32




 1  comments, will go to the latter.




 2               This EIS, in fact, does not take us




 3  closer to the goals of either of those Acts, and in




 4  the process of doing so, we continue to have the




 5  disruption to the families, and to the homes, as well




 6  as to the miners in the State of West Virginia,




 7  Kentucky, Virginia, and east Tennessee.




 8               Thank you.




 9               MR. CHAIRMAN:  Vivian Stockman.




10               The next speaker will be Liz Garland.




11               MS. STOCKMAN:  I am Vivian Stockman of




12  the Ohio Valley Environmental Coalition, which is




13  based in Huntington.




14               And it might surprise some of you to




15  know that we have disabled miners and retired miners




16  among our members.




17               I would also like to ask for an




18  extension of the written comment period.




19               I am opposed to this destruction of




20  community, forests, streams, and ground water that is




21  euphemistically labeled, mountaintop mining.




22               The draft EIS utterly fails to address




23  mountaintop removal's devastating toll on mountain




24  culture.

-------
                                                     33




 1               The draft EIS also fails to address




 2  mountaintop removal's effect on human health.  There




 3  will be more people here tonight talking about this




 4  and these points, and we will provide much more




 5  detail in our written comments.




 6               In an eco-cidal act,  the Bush




 7  Administration has ignored the science in the EIS,




 8  and is making recommendations that discard scientific




 9  fact in order to appease his campaign donors.




10               Some in the administration, and the coal




11  industry, believe that they can use the term, "low




12  cost energy" to justify any destruction of the coal




13  fields.




14               But politics cannot long ignore




15  scientific reality.  We have been paying, and we will




16  continue to pay the extreme ecological and financial




17  toll of mountaintop removal coal mining.




18               For instance, there is reoccurring




19  flooding.  And we now have consultants who are




20  recommending that people move out of their ancestral




21  homes and neighborhoods in order to avoid the floods.




22               Let's pretend for a moment that EIS is




23  only about jobs and economic development, as the coal




24  industry would like us to believe.

-------
                                                     34




 1               The EIS fails to consider an alternative




 2  scenario,  where miners are put to work cleaning up




 3  abandoned mine lands.   There is a lot of money




 4  sitting around for that kind of work.




 5               It also fails to consider a scenario




 6  where alternative energy research, development, and




 7  manufacturing are promoted in the coal fields.




 8               Last year a study shows that 11




 9  midwestern states could create more than 200,000 jobs




10  and $5.5 million for workers, by transitioning to




11  truly cleaner alternative energies.




12               If we just took some of the money that




13  we spent on subsidizing the coal industry,  and




14  cleaning up its messes, we could do much to bring




15  alternative-energy plants into the state.




16               Imagine jobs that leave an intact




17  environmental legacy for our children.




18               The draft EIS fails to consider the




19  monetary value of eco-system services to the current




20  and future economy.




21               Old-school economics put no value on




22  eco-system services.




23               The emerging field of ecological




24  economics is replacing the older, discredited

-------
                                                     35




 1  Enron-style school of economics.




 2               According to the Stamford Report,




 3  eco-system services are:




 4               "The processes through which natural




 5  systems support human life, by purifying air and




 6  water,  detoxifying and decomposing waste, renewing




 7  soil fertility, regulating climates, preventing




 8  droughts and floods,  controlling pests and




 9  pollenation plants."




10               "Watersheds  may be among the most




11  marketable of all ecosystems, because they provide




12  potential services such as water purification and




13  flood control."




14               Scientists have found that:




15               "The services of ecological systems are




16  critical to the functioning of earth's life-support




17  system.  They continue to help human welfare, both




18  directly, and indirectly, and therefore represent




19  part of the economic  value of the planet."




20               "For the entire biosphere, the value is




21  estimated to be in the range of 16- to 54 trillion




22  dollars a year, with  an average of 33 trillion per




23  year."




24               "Because of  the nature of the

-------
                                                     36




 1  uncertainties,  this must be considered a minimum




 2  estimate ..." — I am still quoting hear —




 3  "...  many of the human activities that modify, or




 4  destroy natural eco-systems,  may cause the




 5  deterioration of ecological services,  whose value,  in




 6  the long-term,  dwarf s the short-term economic




 7  benefits society gain from those activities."




 8               And I add,  that mountaintop removal is




 9  one of the most destructive of all planned human




10  activities.




11               My point in bringing up the concept of




12  eco-system services and ecological economics, is that




13  we must begin to think this way, here in




14  West Virginia.




15               We must acknowledge that short-term




16  profits for a handful of individuals,  comes at great




17  long-term cost to all of us and our children.




18               Smart mining practices are like money in




19  the bank,  mountaintop removal is not smart.




20               It is part of a false economy that is




21  robbing the future; which do we choose?




22               I do hope that the EIS will include the




23  value of ecosystem services when you revise it.




24               Thank you.

-------
                                                     37




 1               MR.  CHAIRMAN:  Liz Garland.




 2               Then the next speaker will be




 3  Sandi Lucha.




 4               MS.  GARLAND:  Hi.  I am Liz Garland.  I




 5  am with the West Virginia Rivers Coalition.  I am




 6  also a resident of West Virginia.  I am concerned for




 7  our rivers and streams, as is the West Virginia




 8  Rivers Coalition.




 9               We will submit detailed written comments




10  at a later date.   Today, I will be brief.




11               The recommendations of the Draft




12  Environmental Impact Statement, includes,  giving more




13  authority to the Office of Surface Mining, regarding




14  protecting the waters of West Virginia, by combining




15  permitting processes of the Surface Mining Control




16  and Reclamation Act, and the Clean Water Act.




17               This move undermines the Clean Water Act




18  administered by the EPA.




19               The Clean Water Act is the foundation of




20  water protection in State and Federal mining laws.




21               Another recommendation, giving the Corps




22  of Engineers discretion over issuing a general




23  nationwide permit, or a more protective individual




24  permit.

-------
                                                     38




 1               The Clean Water Act requires an




 2  individual permit applied to the actions causing more




 3  than minimal impact to the waters of the United




 4  States.




 5               Valley fills cannot be considered to




 6  cause minimal impact.   The draft EIS demonstrates




 7  this.




 8               Therefore, the Corps must not allow




 9  mountaintop applications as nationwide permits.




10               The most destructive recommendation, the




11  demise of the buffer-zone rule.




12               The buffer-zone rule gives 100-foot




13  buffers  to perennial and intermittent streams from




14  mining activities.




15               All sorts of development activities




16  throughout the United States, and elsewhere, require




17  a buffer; construction, agriculture, even forestry.




18               Mining operations should not be exempt




19  from buffering our streams.




20               Let me briefly address economic impact.




21  Jobs are important to West Virginians, but the




22  reality:  This study says that surface mining is less




23  than 25  percent of all mining jobs.




24               Surface mining is between .3 percent,

-------
                                                     39




 1  and 11 percent of county employment numbers in our




 2  coal field counties.   Those are figures from the




 3  draft EIS.




 4               With 2,639 permits allocated, only 342




 5  included any valley fills from 1985 to 2001.




 6               We can save coal jobs without




 7  valley-fill operations.




 8               To conclude, the intent of this report




 9  is to consider processes to minimize to the maximum




10  extent practicable, the adverse environmental effects




11  to waters of the United States affected by




12  mountaintop mining operations and by valley fills.




13               Based upon all the data set forth in the




14  report,  the only alternative which would satisfy that




15  intent has not be proposed.




16               That proposal would be to disallow




17  aquatic life-destroying valley fills in the practice




18  of mountaintop removal.




19               Thank you.




20               MR. CHAIRMAN:  Sandi Lucha, and then the




21  next speaker will be Frank Young.




22               MS. LUCHA:  Good afternoon.




23               My name is Sandi Lucha.




24               I work for Arch Coal.  I work for Arch

-------
                                                     40




 1  of West Virginia, which is a division of Arch Coal.




 2               Previously, I worked at the Dai-Tech's




 3  operation,  and personally saw hundreds of people lose




 4  their jobs  because we were unable to obtain the




 5  permitting  that we needed.




 6               The community I live in, there are




 7  approximately eight homes.  Of those eight homes,




 8  five families work in the coal industry.




 9               I would say that would have a great




10  impact on our community if we were unable to work.




11               The gentleman that spoke earlier that




12  said, Let's stop it now, let's live under rocks.




13  That may happen, but personally,  I don't want that to




14  happen.  I  want to work.  And I think the coal




15  companies are responsible and they are doing very




16  good jobs.   And I would like to see this resolve, and




17  go on with  the coal mining.




18               Thank you.




19               MR. CHAIRMAN:  Frank Young.




20               The next speaker will be Wayne Coleman.




21               MR. YOUNG:  Good afternoon.




22               My name is Frank Young.




23               I am president of the West Virginia




24  Highlands Conservancy.

-------
                                                     41




 1               I notice that the representatives of the




 2  West Virginia Coal Association praises you for your




 3  work on the draft EIS.




 4               I would point out, however, that it was




 5  the West Virginia Highlands Conservancy, not the coal




 6  industry, that set into motion that chain of events




 7  that produced this EIS.




 8               It was a lawsuit by the West Virginia




 9  Highlands Conservancy, and other individual




10  coal-field citizens, that resulted in the State and




11  Federal agencies conducting the first ever




12  Programmatic Environmental Impact Statement on




13  mountaintop removal, and other surface mining




14  practices.




15               The Conservancy lawyers, and our




16  appropriate committee people, will be submitting more




17  comprehensive comments on the EIS during this comment




18  period.




19               It is very difficult for laypersons,




20  such as most of us are, to fully digest a more than a




21  5,000-page document, especially a document that was




22  written mostly by lawyers and government bureaucrats,




23  with perhaps, a bit of input from the scientific




24  community.

-------
                                                     42




 1               And two,  how can we take seriously the




 2  reports of agencies — the directors of which brag in




 3  the media about regenerating hardwood forests on




 4  60-year hardwood cycles; but through television, and




 5  newspaper photo-ops,  plainly show that they are




 6  planting nothing but pine trees on sterile




 7  strip-mine lands.




 8               It is obvious that the director of the




 9  United States Office of Surface Mining Control and




10  Reclamation,  I noticed that there is a couple of




11  letters left off OSM's identification there.




12               It is obvious that he doesn't — that




13  Director Jarrett (phonetic)  doesn't know the




14  difference between a pine tree and an oak tree.




15               It is even more difficult for some of us




16  to make sense of a document prepared by agencies




17  which argue — with a straight face — that while it




18  is illegal to conduct mining operations within the




19  described buffer zones of rivers, creeks,  and other




20  streams, that it is okay to just cover over and




21  destroy those same streams with the waste, rock, and




22  dirt generated by mountaintop removal mining




23  operations.




24               The Physical Cause and Effect of

-------
                                                     43




 1  Findings, contained in the draft EIS, are exactly




 2  what Congress found when it enacted the Surface




 3  Mining and Reclamation Control Act, 26 years ago.




 4               Congress found back then that, Many




 5  surface mining operations resulting in disturbances




 6  of surface areas that burden and adversely affect




 7  commerce, and the public welfare, by destroying and




 8  diminishing the utility of land for commercial,




 9  industrial, residential, recreational, agricultural,




10  and forestry purposes.  By causing erosion and land




11  slides, by contributing to floods, by polluting the




12  water, by destroying fish and wildlife habitats, by




13  deterring natural beauty, by damaging the property of




14  citizens, by creating hazards dangerous to life and




15  property, by degrading the quality of life in most




16  communities, and by counteracting governmental




17  programs in efforts to preserve soil, water, and




18  other natural resources.




19               The draft EIS that we are commenting on




20  here today, finds that mountaintop removal and




21  valley-fill operations destroy forests, forest's




22  soil, decreased song bird and salamander population,




23  covered streams, and both intentionally, and




24  unintentionally create wetlands that are not of high

-------
                                                     44




 1  quality,  and cause,  or promote,  the severity of




 2  flooding.




 3               The draft EIS findings confirm that




 4  surface mining disturbs,  and too often destroys,




 5  ecological infrastructure.




 6               Why has it taken 26 years for government




 7  to decide that maybe there was a reason for the SMRCA




 8  law after all.




 9               I request today that the State and




10  Federal agencies represented in this EIS document,




11  search their minds and their bureaucratic souls for




12  constructive ways to use the Surface Mining and




13  Reclamation Act to restore human and other habitats




14  destroyed for two-and-a-half decades by not enforcing




15  the Act,  to administer mining burden such as to




16  reduce, and not increase the severity of flooding,  to




17  regulate against, rather than enable unnecessary




18  destruction and to protect the people of West




19  Virginia and their life-support system, the living




20  environment, from soulless corporations whose God is




21  money, and whose idea of progress is to destroy the




22  land and to displace, or bulldoze over the people,




23  over their government, and over anything else that




24  dares show their hellish pursuit of their almighty

-------
                                                     45




 1  gold,  the conversion of the natural world, into false




 2  and fleeting promises of artificial prosperity.




 3  Thank you.




 4               MR.  CHAIRMAN:   Mr. Wayne Coleman.




 5               I believe the next speaker will be Carol




 6  Warren.




 7               MR.  COLEMAN:   Good afternoon.




 8               My name is Wayne Coleman.  I live in




 9  Charleston,  West Virginia.




10               I am here today to talk — to represent




11  Walker Machinery Company,  and our 600 employees at




12  Walker.




13               It is in our company's mission statement




14  that we be good stewards of our communities.  And in




15  the 25 years that I have been connected with Walker




16  Machinery,  which is closely tied to the coal




17  business, I  have met so many people in the coal




18  industry, that are presently in the coal industry,




19  that I certainly would deem good stewards of their




20  communities.




21               It is so unfortunate,  on the subject




22  that we have become so divided, I think.  Because at




23  the time when West Virginia really needs to be coming




24  together, at a time when our economy continues to

-------
                                                     46




 1  suffer,  at a time when we continue to see our kids




 2  move out of this state to seek employment elsewhere.




 3               It is more important now than ever,  for




 4  us,  as West Virginians, to come together, and yet on




 5  this particular subject,  there does not seem to be




 6  any compromise from the other side.




 7               I have sat here today and listened to




 8  chasing the God of money, and I certainly haven't




 9  found that to be true in the people that I have known




10  in the coal industry.  They worship the same God that




11  I do, and it certainly is not legal tender.




12               We recently celebrated our 50th year at




13  the Caterpillar dealership here in West Virginia.  I




14  believe I have said that we have 600 employees, and




15  it is a family-owned business.




16               We were proud to have President Bush at




17  our facility a year ago to make a nationwide talk,




18  and we strongly stand behind his issues, and what




19  this Administration believes in.




20               I believe this coal industry is more




21  highly regulated today that it has ever been.




22               In my 25 years in the business, I have




23  never known it to be as regulated as it is today.  It




24  has been witnessed by all of these agencies  that are

-------
                                                     47




 1  on this podium today.




 2               I think the bottom line is that if we




 3  would just stop and consider the alternatives.




 4               I love the mountains,  I love the




 5  streams, I love this state, that is why I am still




 6  here.  That is why a lot of my brothers and sisters




 7  are employed by Walker Machinery,  are still here in




 8  West Virginia, because we love this state.




 9               It is not because we hate the mountains,




10  or hate the streams, but we have got to somehow learn




11  to peacefully coexist, because this state needs




12  coal.




13               I firmly believe that.




14               We are rich in this wonderful resource,




15  and this state needs coal to provide jobs for this




16  state,  to provide good-paying jobs  for this state,




17  and for the people that want to stay here and




18  continue to try and make a go of it with a family in




19  West Virginia.




20               This country needs coal.  When one




21  considers the alternatives, it is easy to say, Let's




22  shut it down, let's close it down,  but when you start




23  looking at the alternatives for energy in this




24  country, natural gasses -- there is a fine-line

-------
                                                     48




 1  amount,  there is not enough of it to go around.




 2  Nuclear energy,  people don't want nuclear energy




 3  built in their backyard.




 4               Do we want to rely on Middle Eastern




 5  oil?  I would hope that the past year,  has shown you




 6  that is certainly not the way we want to go.




 7               This country needs coal, the state has




 8  an abundance of it.




 9               I thank you for your time today.  I hope




10  that we can get these issues behind us, because I can




11  tell you this:  The coal companies that work in this




12  state,  right now you cannot — these people,  when




13  they go before their boards, they cannot do five-year




14  plans,  or three-year plans, or even a one-year plan.




15               At our place of business,  we cannot do a




16  five-year plan,  we can hardly do a six-month plan




17  because of all of the dark clouds that have been held




18  over this industry.




19               I wish you God's speed in putting these




20  issues  behind us, and God's speed in letting this




21  state continue to mine coal, and for us to continue




22  to try  and make a go of it here in West Virginia.




23               Thank you.




24               MR. CHAIRMAN:  Ms. Carol Warren.

-------
                                                     49




 1               After Ms. Warren speaks, we will be




 2  taking a five-minute break.  When she finishes,




 3  I will announce the next two names to come up and




 4  speak before the break so that they will be prepared.




 5               Thank you.




 6               MS. WARREN:  Hi.  My name is Carol




 7  Warren.  I live in Webster County.  I am a 10th




 8  generation West Virginian, and I work at the Council




 9  of Churches as co-chair of Peace and Justice Program




10  Unit.




11               As people of faith, we believe that we




12  are called to care for all of that God created and




13  pronounced good.




14               I think, in these mountains we see God's




15  Majesty, and in the rocks we understand God's




16  strength, and in the mist and clouds, we know God's




17  mystery.  And in the hollows and coves, we feel God's




18  embrace.




19               We truly are in the midst of a sacred




20  space.




21               That being said, I would like to talk a




22  little bit more about our direct experience over the




23  last three years, which has been dominated by two




24  words, "flood relief".

-------
                                                     50




 1               We have been putting together projects




 2  to provide housing for people who have lost their




 3  homes.   We have been trying to console and help




 4  people put their lives back together after losing




 5  everything they had, not just once,  but sometimes two




 6  and three times.




 7               We have been there counseling the




 8  children, who are so frightened by what they have




 9  experienced,  that they can't be put into the bathtub




10  without screaming.




11               We have poured millions of dollars of




12  church, and church aid, to put resource into these




13  efforts.  We have diverted church personnel from




14  other jobs that they would normally do, to be in the




15  area of flooding to help people.   We have hired




16  dozens of additional full-time employees to work on




17  flood relief.




18               We have done that because we have wanted




19  to help, because we have compassion for the people




20  who have suffered so much.




21               But our resources are not infinite.  The




22  Council of Churches just sent out another letter to




23  our judicatory head asking for more donations,




24  because we don't have the money necessary to do all

-------
                                                     51




 1  the things that we would like to do to try to help




 2  people in the community to recover.




 3               And so,  we have to come to a point where




 4  we ask ourselves whether these resources are actually




 5  going into making life better again for the people




 6  who have suffered so much, or whether we are in fact




 7  subsidizing damages practices that are not being




 8  adequately regulated.




 9               And we have come to that point, and we




10  are asking that question.




11               So we have been in the southern part of




12  the state for the last three years trying to do our




13  job,  and trying to be a compassionate presence there




14  for people.




15               Now we want to ask you to do your job,




16  and to be sure that regulations are in place that do




17  not cause the flooding and the disasters that people




18  are experiencing, to get worse.




19               Thank you.




20               MR. CHAIRMAN:  Okay,  we are going to




21  take a five-minute break now.  But the speakers after




22  the break will be Jack Henry and Diana Wood.




23               If you have not registered, I would ask




24  you to register, and especially if you wish to speak,

-------
                                                     52




 1  you need to register.




 2               Thank you.




 3               Please be back in five minutes.




 4               (Break.)




 5               MR.  HENRY:   Good afternoon,  everybody.




 6               My name is  Jack Henry.




 7               I  am a pastor in the Kanawha Valley,  and




 8  have been for the last 25 years.   I used to be in the




 9  coal business,  and left  the coal  business for




10  full-time ministry.




11               One of the  things that I soon learned in




12  the ministry, was that we had a incline in our youth




13  leaving the state.




14               We were one of two states that continued




15  to have a decline in population.   But the primary




16  interest to me  was our youth that we were leading,




17  that we were losing, that was graduating from our




18  schools, but had nothing they could do after




19  graduation.




20               The second  thing that I noticed is that




21  in our areas of the state, we had the largest




22  percentage of homes being destroyed, broken,  most of




23  it from lack of income.




24               Yes, we have a pollution problem in West

-------
                                                     53




 1  Virginia,  it is called poverty.   I think that it is a




 2  sad thing to have that situation of poverty.




 3               We have such riches in our natural




 4  resources,  the Lord has given us great natural




 5  resources and he said in his word, he said, I know




 6  the plans that I have for you.   Plans for you to




 7  prosper and not be harmed.   Plans for you to have a




 8  hope and a future.




 9               But He leaves  that up to us to implement




10  what he has already put in  place.  He has put the




11  wealth of these natural resources in our mountains.




12  He wants us to utilize them efficiently, and




13  competently.  But it is Him that put them here, we




14  didn't put him here.  But I am thankful that he did




15  put them here.




16               We are the richest state in the nation




17  on a per capita basis in these natural resources, but




18  yet we are last on the list of everything negative.




19  That don't hardly make sense to me.




20               So I think that we need to look into




21  what we have in these natural resources and to




22  develop them to their maximum,  coal being at the top




23  of our natural resources.




24               We do get some wealth out of the mining

-------
                                                     54




 1  of the coal, and the transporting of the coal, but I




 2  am learning that there is great, great, wealth that




 3  is untapped yet, in the ultimate raw material in the




 4  final product that can be made from coal.




 5               We are involved in searching and working




 6  in cooperation with the Universities, WVU and




 7  Marshall, and others — but mainly WVU — that there




 8  are new products from coal, something called coal




 9  pitch.




10               I don't have the time to get into it in




11  detail, but it is already developed, it is patented,




12  and there is already contracts that have been




13  negotiated and completed with organizations that are




14  out to better the quality of life in West Virginia,




15  who are qualified chemists, and others now, to put in




16  place a chemical — a part of Dai-Chemical, to




17  commercialize this product.




18               This product is so fantastic that I




19  think that coal will one day be too valuable to




20  burn.  It's going to cause, I think, new demands for




21  coal, new jobs for coal, the manufacturing jobs is




22  what we need in this state.




23               There are a lot of jobs, but there's a




24  lot that don't have jobs.

-------
                                                     55




 1               But the biggest number of jobs that we




 2  have in this state,  are people that are on minimum




 3  wage,  or barely over minimum wage, and that doesn't




 4  have to be.   With all of these resources,  we ought to




 5  be able to give our people living wages.   Jobs that




 6  they appreciate.  Jobs that they can have esteem in.




 7               And when I think about all of the




 8  negative things that goes against our




 9  natural-resource industries, I think it is a shame




10  that we should have that.




11               It seems like for coal, for example,




12  that we have an attitude about mountaintop removal,




13  that we could have mountaintop removal, or clean




14  streams.




15               I think that is sad.  We should be able




16  to say with all of our technocracy that is




17  represented here on this platform, and throughout our




18  schools, with all of our technocracy and our




19  abilities, we ought to be able to say that we can




20  have mountaintop removal and clean streams.




21               We ought to be able to utilize and




22  maximize and provide more jobs for our people.




23               For each industrial job that is out




24  there, such as the harvesting of coal, there are 7-

-------
                                                     56




 1  or 8 other jobs that are equally providing good




 2  living wages that is associated with that one




 3  excavation job, or harvesting job of harvesting coal.




 4               It is too vast of a cost for us to just




 5  want to throw away a major industry.  We just can't




 6  do it.




 7               But I really believe that if we look




 8  hard,  we could find a way to coexist, and to be




 9  profitable,  and to have the blessings of the Lord on




10  us.




11               I would like to see the reversal of




12  these entities that have come in our state.




13               You don't have to read the newspaper,  or




14  watch the Tonight Show very long, to see somebody




15  making comments about us being 49th, or 50th, in




16  everything that we do.




17               So I would like to see us become the




18  head,  and not the tail of all of those things,  and




19  with a good utilization of our natural resources.




20               MR. CHAIRMAN:  You are out of time.




21               MR. HENRY:  I believe that we can do it.




22  I am all for it.




23               Thank you.




24               MR. CHAIRMAN:  Diana Wood.

-------
                                                     57




 1               Then the next speaker is Natalie




 2  Spencer.




 3               MS. WOOD:  My name is Diana Wood, and I




 4  am from Beckley, West Virginia.




 5               My husband and I own a small store in




 6  Beckley,  and at the same time, I work for a coal




 7  mine.




 8               It seems like anymore, it takes two




 9  people working just to make it.




10               I drove my son to the airport today.  He




11  is in the service.  He left this state,  went into the




12  service,  and that is the job that he had to take




13  because there wasn't one here.




14               And as I drove him to the airport, he




15  was telling me, Mom, when I get out of the service, I




16  want to come back here and work.  What kind of jobs




17  are there?




18               I said, Well, there is not a lot.  There




19  is really not a lot.  And he said, Well, look around




20  and tell  me what there is that I can do here when I




21  come home.  I want to go to college, and get my




22  degree, and everything, but tell me what kind of jobs




23  that are  here, because I want to live and work in




24  this state.

-------
                                                     58




 1               And as his plane took off,  I thought,




 2  God,  what do we all need to do,  buy an airline ticket




 3  and fly out of here?  Because it seems that we have




 4  just been totally commissioned out of everything.




 5               I never thought that my job would be




 6  fought.  I never thought that I  would have to fight




 7  for the right to work.   I just thought that I would




 8  be able to work and someday retire, and sit out on my




 9  front porch and rock,  but that is not how it is.   Now




10  we have to literally fight to have jobs.




11               In working for the  coal mines, I see all




12  kinds of paperwork, where we apply for permits and




13  all this kind of stuff.  I don't understand it all,




14  because I am not an engineer, but I can tell you




15  this:  There is a lot of paperwork already.  There is




16  a lot that we have to do already, to apply for these




17  permits and do these things.




18               And as I drive down the road, I look and




19  I see all of the things that have changed over the




20  years that I have grown up in West Virginia.




21               You don't see a lot of people dumping on




22  the side of the road,  and different things like that




23  that used to be.




24               I lived in a coal community as I grew

-------
                                                     59




 1  up,  and people would drive to the end of town and




 2  dump their trash.  Nobody does that anymore.  We are




 3  all  becoming more environmentally wise, and we are




 4  trying to take care of what we got.




 5               I am very proud to be a West Virginian,




 6  and  I am very proud to live in this state.




 7               Yes, I think it is beautiful, but I




 8  don't want to make it the kind of beauty that the




 9  tourist drive through and they enjoy it, and I can't




10  work, and I have to leave here because I can't work.




11               One of the gentleman said, Is this a




12  joke?  No, this is not a joke.  It is my life.  It is




13  my family's life.  It is your life.  We want to work




14  here.




15               We want to work here, we want to do it




16  safe, we want to do it clean, we want a job, and we




17  want to provide jobs for our children, that we don't




18  have to put them on an airline ticket out of town




19  because there is nothing here for them.




20               The schools are all coming together in




21  one, we are junking everybody together, because so




22  many people are leaving here because there is




23  nothing.




24               Yes, it is beautiful, oh, my God, it is

-------
                                                     60




 1  beautiful, and God gave it to us.  But everybody




 2  wants to blame everything on the mines, or something




 3  else.




 4               You know, I live on a hill, and there is




 5  nothing on that hill but these houses.   And we have




 6  had so much rain over the past few years that I have




 7  a two-level house, and one day it came so hard — it




 8  was the day that 8- to 10 inches of rain.




 9               It came so hard, that it came down the




10  road, and the ditches couldn't take it, and my




11  bedroom on the lower level flooded.  I couldn't blame




12  that on the coal mines, because there isn't one in




13  miles of my house.




14               Do you know where the rain came from?




15  It came out of the sky.  And it fell, and it came so




16  quick, I could do nothing about it.




17               I cleaned up my mess, and I thought,




18  well, God, thank you that it didn't get my whole




19  house.  Because I looked in the paper and I saw




20  people that lost their homes, and they lost




21  everything.  And I thank God that I live on top of




22  that hill, because I knew that is what saved me.  It




23  wasn't anybody that made that happen to me, it just




24  was life.

-------
                                                     61




 1               I have lived there for 50 years.  And in




 2  that 50 years, I have never seen rain like we have




 3  had in the last few years, and I have never seen some




 4  of the hardships that we have had.




 5               And I look at the people around, and I




 6  see all the energy, and all of the things that we put




 7  together here, and I think, Why can't we do something




 8  really good with this?  Why can't we put it all




 9  together,  all of our smarts?




10               Let's put it all together and make a




11  place for our children to work.




12               Let us work.




13               Let us provide for them.




14               You know -- and I am not using this name




15  as a grand stand,  but when I read in the paper that




16  Jessica Lynch went into the service to be able to go




17  to college when she came out and be a teacher,




18  I thought, that is my son.  That is my daughter.




19  That is our children, because that is what we have




20  given them because we fight over things.




21               To say that it is a joke, no, it is not




22  a joke, it is my life.




23               People, we just want to work.  There is




24  enough regulation.

-------
                                                     62




 1               We are regulated to death.




 2               MR.  CHAIRMAN:  Natalie Spencer.




 3               The next speaker will be John Metzger.




 4               MS.  SPENCER:  My name is Natalie




 5  Spencer.




 6               I am from Kingston, West Virginia.




 7               I work for coal.




 8               I can't understand why in the State of




 9  West Virginia, with all the economic problems that we




10  are having,  why anyone would want to ruin a few




11  industries that helps us survive.




12               I don't condone destroying the




13  environment, as much as the next person,  but I also




14  believe that some groups are not looking at the whole




15  picture of this mountaintop removal, as they call




16  it.




17               They are trying to make people believe




18  that the whole state will be leveled by the time the




19  coal industry gets through with it.




20               This isn't true.   What good are




21  inaccessible mountains?  With the type of reclamation




22  that the mining industry has to do nowadays, this




23  otherwise unusable piece of land could be used for




24  many things, and it is.

-------
                                                     63




 1               There's golf courses, recreation areas,




 2  schools are put on these, shopping centers.  There is




 3  always a useful place for this land when it is taken




 4  care of.




 5               That is going to be where all those




 6  tourists can stay that we are expecting this state to




 7  have that is going to save us.




 8               All we ever hear about is the




 9  bad things -- the bad issues.  Go look for yourselves




10  at some of the useful projects on these lands.




11               Then the West Virginia employment rate




12  has gone from over 47,000, in the month of May, they




13  said,  now it is 51,000,  in month of June.




14               The statistics are out there showing how




15  many types of jobs are affected.  What impact will




16  this situation have if we run coal off?




17               I suggest that you take a right on Route




18  19, in Fayette County, heading from Mt. Hope to




19  Beckley.  The mess there was not created by the coal




20  industry.  No one seems  to complain about all of the




21  run-offs from the rains  from these future




22  developments.




23               As you drive by, you can clearly see




24  where the water runs down and it has to go somewhere,

-------
                                                     64




 1  it has to cover up some creek areas.




 2               No one complains about all of the fill




 3  that the Highway Department makes when they clear




 4  these roads,  or when they make a duel lane.




 5               I cannot think of another industry in




 6  this state that is constantly having to fight to keep




 7  going on.




 8               There are legitimate, neglectful,




 9  problems sometimes, but coal in West Virginia is




10  blamed for everything.




11               If it was not such a needed industry, I




12  could understand.   Are there really people here that




13  want to pay higher heating and cooling bills?




14               The electric companies,  they will have




15  to import it from other states, and that is going to




16  be at a higher cost, and who is going to pay for




17  this?  The consumer.




18               We are going to be paying higher taxes




19  with so few people left working.  Somebody is going




20  to have to support all of these unemployed people.




21               You,  truthfully, and factually, cannot




22  blame all of this  on the coal industry for the




23  problems it faces  and suffers from the flooding.




24               The State needs to start regulating

-------
                                                     65




 1  citizens,  and themselves.




 2               There are so many more bridges on




 3  creeks,  and also the little culverts that they are




 4  putting in because all of the people from the city




 5  want to go out into the country and live next to




 6  nature.




 7               There is trash along the roads out in




 8  the country,  creek banks are full, and then when




 9  these floods  come down, they wash it down and they




10  get stuck in  all of these culverts.




11               State-road ditches are rarely cleaned up




12  after they are filled with run-off from the many




13  rains that we have had.  And I said earlier, the land




14  developers that start different projects are never




15  finished.   All of these factors contribute to the




16  problem.




17               The only reason most of those groups go




18  after coal companies is because they have money, and




19  you can't sue God.




20               In the majority of the floods in this




21  state was due too much rain, in too short of a time.




22               I suppose all of the bad flooding in




23  Charleston is due to coal mining?




24               There is severe flooding all over the

-------
                                                     66




 1  United States.   The largest portion of these occurred




 2  in the states where there is no coal mining.




 3               So let's quit putting all the blame on




 4  the coal industry.




 5               The West Virginia coal industry is more




 6  regulated than any other industry in this country,  or




 7  probably in the world.




 8               The Federal government isn't as hard on




 9  us as this state.  How many more jobs will this state




10  lose to extremist groups?




11               How many people are going to have to




12  move out of the State if they want and need the jobs




13  to support their families?




14               With the economy as it is in this




15  country, there won't be many places to go.




16               I read a letter in one of the local




17  papers about a man who said, We might as well just




18  sell our land to the Federal government and turn it




19  into a State park,  then we will have a place for all




20  the tourist money to come in.




21               But people need jobs.  We need to wake




22  up.  We need to protect the environment.  It is




23  getting out of hand.




24               Why have the doctors left?

-------
                                                     67





 1               No more Super Walmarts, or K-marts, if





 2  there is not any flat land to put on there either.





 3               If no one has jobs, and West Virginia





 4  needs coal, coal produces jobs, and coal-related.





 5               Thank you.





 6               MR. CHAIRMAN:  John Metzger.





 7               The next speaker will be





 8  Randy McMillion.





 9               MR. METZGER:  Hello.





10               My name is John Metzger.





11               I am a surface coal miner.





12               I guess I believe that I am a





13  law-abiding citizen, and I believe the company that I





14  work for is a law-abiding citizen.





15               I believe in our system of government,





16  which basically says that we vote on what laws we





17  want, we give those laws to you folks, you folks





18  interpret them, and enforce them, and our company





19  follows them.





20               The issue that I see is that we have a





21  lot of groups out there that want to — just as soon





22  criticize,  instead of coming up with meaningful





23  solutions to some of the problems that we have.





24               It is easy to say, I will stop the coal

-------
                                                     68




 1  mines, but it takes a better person to come up and




 2  say, Hey, what do we have to do here?  What do we see




 3  wrong?




 4               I hear about all of these metals,




 5  whatever, we have in the streams, okay, what do we




 6  have to do to clean that up?




 7               I think you look at our company, and




 8  most all of the companies, and most all of the




 9  individuals work in these coal mines.




10               We want to do the right thing.




11               Every now and then, yeah, we stub our




12  toes, but we are out there to do the right thing.




13               I don't want to flood the ground, my




14  kids have to live on this earth, too, and their kids




15  do, too.




16               So I would say that we have got to start




17  looking at what we are doing here.




18               Our company, if we do something wrong,




19  we are penalized.  Either one of us will go to jail,




20  or we will pay a fine.




21               But one of these groups can come up here




22  and run frivolous lawsuit, after frivolous lawsuit,




23  and what recourse does the company have, or any of us




24  as an individual?

-------
                                                     69




 1               We are out there in the coal, yet they




 2  can keep channeling this stuff through our court




 3  systems, blocking it,  and killing us economically.




 4               Where is  the justice there?




 5               What is our recourse?




 6               Also, this land that they all talk




 7  about,  saving our mountains, it is owned by




 8  individuals.




 9               What rights do those folks have?




10               I hear about,  well, we have to put




11  everything back to original contour; what does the




12  landowner have to say?  Don't they have a say in what




13  is their property?




14               This same group of people would be




15  thoroughly upset if you told them that they could not




16  plant their garden in  such a way in their backyard.




17               Also, they will sit and criticize




18  everything we do, and  they will tell you how bad we




19  should cut out coal mining, these same people get up




20  in the morning, flip on the light switch, take a nice




21  hot shower, get on the Internet, and they do it all




22  with coal; with all of the energy that the coal




23  produced.




24               The same  group of people will get in

-------
                                                     70




 1  their car and talk about the greenhouse effect,  and




 2  use fossil fuel to drive down to get to the airport.




 3               When I hear about the forests, those




 4  same people will sit up here with their nice-written




 5  notes on a piece of paper,  and as far as I know,  the




 6  only place paper came from was wood.




 7               So I would like to say that we need to




 8  start working together here.




 9               Don't criticize, but help make us




10  better.   We are willing to learn.




11               Thank you.




12               MR. CHAIRMAN:   Randy McMillion.




13               The next speaker will be Karen Keaton.




14               MR. McMILLION:  Good afternoon.




15               Thank you for the opportunity to speak.




16               I guess I am a little perplexed.




17               I am a native of West Virginia.   I  have




18  lived here for 46 years of my life, and grew up  in




19  the mountains, and somehow I am struggling to




20  understand the vast destruction that this industry is




21  accused of having in the area.




22               I was growing up as a kid — and as a




23  lot of other folks have stated -- environmentally,




24  this state is the same in significant means,  over the

-------
                                                     71




 1  span of my lifetime.




 2               You look at the streams and the




 3  countryside,  it is twice what it was when I was kid.




 4               As you read this EIS, or as you try to




 5  read it, it is obvious that there are no fatal flaws




 6  in this industry.




 7               This  industry is responsible.   This




 8  industry has  made  significant gains, and strives in




 9  protecting the environment.




10               What  is needed is logical,  affordable,




11  gains in environmental protection in the future.




12  This industry is very vulnerable in economics.




13               It cannot burden significant cost




14  impacts.  So  a little sensibility, a little




15  understanding of where we have been, and a little bit




16  less idealistic views of the future.




17               There is a reasonable solution here.




18  This industry provides a great resource to this




19  state,  and to the  nation.




20               The opponents that oppose coal, are also




21  going to oppose hydroelectric bands, they don't want




22  these rivers  plugged up.




23               They  are also the ones that are




24  unwilling to  let land masses be consumed by

-------
                                                     72




 1  windmills.




 2               At the same time, if you look at gas,




 3  the gas prices yesterday closed at $5.12 per million




 4  BTU's.




 5               On the equivalent basis, your electric




 6  bill — your electric being generated by coal —




 7  would be three times of that today if you used




 8  gasoline.




 9               I would just say, look where we have




10  been, look at the advancements we have made, have a




11  realistic view of the future,  and do something that




12  is sensible and reasonable.




13               Thank you.




14               MR.  CHAIRMAN:   Karen Keaton.




15               The next speaker will be Terry Brown.




16               MS.  KEATON:  I just want to say that I




17  am proud that I work for the coal company.




18               I have never worked for such a good




19  group of people.   They are marvelous.




20               Every day when I go to my job, I feel  my




21  job is  going to be over.  No one should have to live




22  in fear to work.




23               Thank you.




24               MR.  CHAIRMAN:   Terry Brown.

-------
                                                     73




 1               The next speaker will be Doug Waldron.




 2               I think I butchered that name.




 3               MR. BROWN:   My name is Terry Brown.




 4               I am from Fayetteville, West Virginia.




 5               I have lived in West Virginia all my




 6  life.




 7               I am a miner.




 8               I think this issue is far out of hand.




 9  Because,  like I said, we have lost a lot of farmland




10  due to Interstates.  These mountaintop removal jobs




11  make beautiful farmland, beautiful housing




12  developments.




13               You look across the river and look at




14  the houses up on the hill,  you could have a beautiful




15  house up on a hill on these abandoned strip mines.




16               How many of you live in log homes?




17               Nobody lives in a log home?




18               Nobody lives in a stick home?




19               Everybody lives under a rock, do they?




20               Interstate 64 shut down a month ago;




21  flooding.




22               What was it, the strip mine right beside




23  of it?




24               No, too much water.

-------
                                                     74




 1               Two years ago my house got flooded; too




 2  much water.  No strip mine around.




 3               So why are we getting blamed for it?




 4  There is no reason for it.  Like they say, there are




 5  a lot of issues being covered, and this could come to




 6  an agreement and everybody work, and have a good




 7  life.




 8               Thank you.




 9               MR. CHAIRMAN:  Doug — and I will let




10  you say your last name.




11               The next speaker after Doug will be Mike




12  Vines.




13               MR. WALDRON:  Thank you very much for




14  your time today.




15               My name is Doug Waldron.  I have it




16  written there.




17               A very important issue, and I will just




18  wait to say a few words:  First of all, I am glad




19  that we live in the State and in a Nation, where we




20  can all get up and express our views and opinions,




21  and not have to worry about retaliation.




22               Also, I am glad that we live in a state




23  that back in 1863, when West Virginia was created,




24  that the founders of this state came up with a seal,

-------
                                                     75




 1  and on this seal they represent two people standing




 2  beside of a rock.  The person on the left-hand side




 3  was sometimes called a logger, but I believe he was




 4  actually a farmer.




 5               The person on the right-hand side was a




 6  coal miner.  It has never been disputed that it was a




 7  coal miner.




 8               Coal mining in West Virginia -- about




 9  some 70-, 40-,  50 years ago here in West Virginia,




10  and it was very important, and today it is more so




11  important because coal is West Virginia.




12               Over 90 percent of the electricity,




13  folks, was generated here in West Virginia, comes




14  from coal.  Through the plants, over 50 percent of




15  the electricity across our nation, again, comes from




16  coal, and there is  no replacement for coal at the




17  cost savings that we have right now.




18               Yes, with have an environmental problem,




19  and yes, we have been working on it.




20               In my lifetime -- I am 57-years-old --




21  we have made strides way far and beyond of what




22  anybody ever anticipated.




23               I  was  born and raised out in Lincoln




24  County on Coal  River.  Coal River, back then, was

-------
                                                     76




 1  generally used to wash coal in.  The coal, even




 2  today,  is still in the river, but today, it is




 3  cleaner than -- I think that it has been, even back




 4  in my father's lifetime.




 5               Coal here in West Virginia — what would




 6  our economy be here in West Virginia today without




 7  coal?




 8               We can blame ourselves, we can blame our




 9  government, but without coal, would there be a Civic




10  Center, would there be a 119, or would there even be




11  a Walmart, if we didn't have coal here in West




12  Virginia.




13               There is no replacement for it.




14               And what would be in the future, if we




15  didn't have coal?




16               We will mine coal, and we will mine coal




17  safely, and environmentally, I believe, responsibly




18  and not to destroy the Mother Earth.




19               I was born here in Lincoln County, here




20  in West Virginia.  I have lived here all my life.  I




21  have been married 36 years, and I am proud to be a




22  West Virginian, and I am proud to be a proud




23  supporter of the West Virginia coal industry.




24               Yes, I am like Mr. Coleman, I work with

-------
                                                     77




 1  Walker Machinery Company and I get my paycheck from




 2  coal, but if I didn't, I would still support the coal




 3  industry.




 4               Without coal here in West Virginia,




 5  folks, I don't really see where there will be any




 6  replacement.




 7               I will say this in closing, I don't care




 8  if you like it, if you don't like it, if you want it,




 9  if you don't want it, we are stuck with it, and we




10  need to mine it responsibly.




11               Coal is West Virginia.




12               Thank you.




13               We need to mine it responsibly.




14               MR. CHAIRMAN:  Mike Vines.




15               And then the next speaker will be Jeremy




16  Fairchild.  As you come to the stand, I will remind




17  you to state your name and where you are from.




18               Is Mr. Vines here?




19               MR. VINES:  My name is Mike Vines.  I am




20  a salary employee of a large mountaintop mine in




21  southern West Virginia.




22               They are a very responsible company, and




23  hopefully, all of us workers are very responsible




24  people.

-------
                                                     78




 1               I have got two children, three




 2  grandchildren, and we all rely on my job.




 3               At the present time, my daughter is in




 4  Charlotte.  No employment here for her.




 5               My son is a surface miner, equipment




 6  operator for another company.   He asked me last




 7  night, he said, Dad, what is going to happen to the




 8  mining industry.  I said, Son, I don't know.  I said,




 9  the regulations are overtaking us.  It is kind of in




10  the government's hands and you as a family.




11               But I think maybe we are losing vision.




12  This is not just a mountaintop issue.  This




13  valley-fill issue also is deep-mining orientated.




14  The refuge (inaudible) impoundments requested.




15               So if this law goes through, and you




16  guys see fit to stop us, the next phase is deep




17  mining.  The next step, this is a ghost state, as far




18  as I am concerned.




19               McDowell County,  is a ghost town.  We




20  are not only impacting my job, you are impacting my




21  children, my grandchildren, so for everyone of us,




22  there are 10 to 15 more behind us.




23               I am very proud of this state.  I have




24  been in this business for 30 years.  I have seen it

-------
                                                     79




 1  come from pre-law in the 70's, to where we are today;




 2  high schools, golf courses, roadways, and I think we




 3  can all work this in a responsible manner, and help




 4  each other.




 5               The environment would be better after we




 6  are finished.




 7               I would love to see my kids be able to




 8  stay here.  I have got a mother that is 90 years old.




 9  I do not want to leave the state.  I care for her




10  now, because she can't care for herself.




11               I appreciate the opportunity to speak




12  before you.




13               Thank you.




14               MR. CHAIRMAN:  Jeremy Fairchild.




15               Then the next speaker will be Andy




16  Ashurst.




17               Remember to also say where you are from.




18               MR. FAIRCHILD:  Hi.  My name is Jeremy




19  Fairchild.




20               I am from Beckley, West Virginia.




21               I am a friend of coal, and proud to say




22  that.




23               I am the third generation in my family




24  to work in the coal industry.  We have a company

-------
                                                     80




 1  called Fairchild International,  and we manufacture




 2  mining equipment.




 3               I am here today to show my support for




 4  coal,  and I would like to say that I agree with the




 5  opinion of most of the people who have come before me




 6  on the importance of coal to this state.




 7               I don't really see how anybody can say




 8  that it is not vital to the success of this state,




 9  and for the people to be able to live here.




10               It is an industry that — like I said,




11  it is  essential.




12               I would like to touch a little bit on




13  something that a lot of people can't, that have




14  spoken before me,  I  am just coming into the




15  industry.




16               I graduated college about two years ago,




17  and I  was faced with a very important decision, I




18  either had to move away from the state where I was




19  born and raised and  loved,  to try to find a job so




20  that I could have a  successful life, or I could go to




21  work with my family, and support the coal industry.




22               What it came down to was, I  wanted to




23  stay here.  There is nowhere else that I  want to be.




24  Nowhere that I would feel like I would be as happy as

-------
                                                     81




 1  I am here.




 2               I just hope that coal can do good, and




 3  can thrive,  and we can all be prosperous.




 4               I have a lot of friends who would like




 5  to have a situation similar to what I have,  and have




 6  the choice of whether or not to stay, or leave this




 7  state.




 8               Unfortunately, they don't,  and I am




 9  losing friends and family all the time,  so that they




10  can go off and find work and move away.




11               I think that is really sad because the




12  people in this state, and from this state, who are




13  living in other places,  are truly great people, and I




14  feel honored to know them, and I am really upset that




15  I have to say good-bye to them.




16               Of course,  there are visits, but visits




17  just isn't the same.




18               So I am just asking that instead of




19  trying to do away with the coal industry, or do




20  things to hold it down,  I think everybody should




21  focus their attention on working out ways that pretty




22  much we can coincide.  We can have our streams and




23  rivers, and enjoy all that.  It is a great part of




24  the state that most of us love.  And at the same

-------
                                                     82




 1  time,  we can mine the coal and we can all live




 2  together happily.




 3               Thank you.




 4               MR.  CHAIRMAN:  Andy Ashurst.




 5               Then the next speaker will be




 6  Lee Barker.




 7               MR.  ASHURST:  Hello.  My name is Andy




 8  Ashurst.




 9               I am from Williamson, West Virginia.




10               I am married, have a son two years old,




11  John.   I have heard a lot of people talk that they




12  were born and raised here.




13               I am a little bit opposite.  I am going




14  to say it,  I was  born in Brooklyn, New York.   And I




15  moved to Pennsylvania when I was a teenager.




16               In Bethlehem, Pennsylvania, was




17  Bethlehem Steel,  Mac Truck, a lot of heavy industry.




18               In high school, I would have loved to




19  have stayed in Pennsylvania.  But due to regulations




20  and the EPA on air standards, Bethlehem Steel




21  basically shut down their plant in Bethlehem.




22               I was forced to look for another




23  alternative for a job,  going to college, and I picked




24  coal miner.

-------
                                                     83




 1               I am proud to be a coal miner.  And I




 2  have been doing it for 15 years.   It moved me away




 3  from my parents.   I have lived away from parents for




 4  15 years now.  I  don't want my son, who was born in




 5  West Virginia —  he is going to be born and raised in




 6  West Virginia.




 7               Moved out to Illinois, my first job,




 8  after that year working, I was laid off due to EPA,




 9  again,  on air standards.  We were in high sulphur




10  coal, we were shut down.  We don't need to be over




11  regulated any more than what we are, and that is




12  where we are going.




13               Thank you.




14               MR.  CHAIRMAN:  Lee Barker.




15               The  next speaker will be Gail Resdon.




16               MS.  RESDON:  I would like to pass.




17               MR.  CHAIRMAN:  You are not going to




18  speak?   Okay.




19               The  next speaker will be, Larry Keith.




20               MR.  BARKER:  Hello,  ladies and




21  gentlemen, distinguished members  of the panel.




22               My name is Lee Barker.  I am a direct




23  descendent of one of the first settlers of Boone




24  County, and I still live there with my wife, and two

-------
                                                     84




 1  children.




 2               When I got old enough and growing up and




 3  became old enough, I had to make a decision on what




 4  choice of career I would have.




 5               My decision came down to this:   I wanted




 6  to stay in that county, I wanted to stay in West




 7  Virginia; therefore, my only decision was to work for




 8  the coal industry.  So I went to school to become a




 9  mining engineer.




10               Yes, that's right, I design those valley




11  fields, and those impoundments, and stuff like that,




12  that everybody is worried about.




13               I can tell you one thing, the way I




14  design them,  and the way we are required to design




15  them,  nobody has a problem.




16               But I want to talk a little bit about




17  Boone County.  That is where I grew up, that is what




18  I know.




19               Boone County was the place where coal




20  was first discovered by James Peter Sally.  They've




21  been mining coal shortly thereafter, ever since.  So




22  it has been a long time.  It has been over 100




23  years.




24               I have heard people say that we have 300

-------
                                                     85




 1  years of coal left in this United States to mine, we




 2  don't have that long in Boone County.  We have been




 3  mining for a long time already.




 4               So, therefore, we do need these




 5  mountaintop removals, and the flat lands that they




 6  create,  so that we can have future jobs for my sons,




 7  and daughters,  and hopefully, my grandchildren.




 8               Also we need, on these mountaintop




 9  removals,  everybody says, Well, let's just make the




10  coal companies  put something up there.  That is not




11  their job, their job is to mine coal.




12               It is people like me, and people who




13  live Boone County's job to get other industries in




14  there and we have a place to put them.




15               I  also would like to see wildlife




16  habitat reinstated of high-end use for reclaimed




17  mountain land.




18               I  like to hunt and fish.  I also would




19  like to see regulations made where that we could




20  leave ponds, and small impoundments like that in




21  place, for recreation use in wildlife habitat.




22               Right now, we are required to remove




23  them.




24               And Boone County, could use just about

-------
                                                     86




 1  as much flat land as possible.




 2               Here I have heard a lot of talk about




 3  flooding and here is a simple fact:  Boone County




 4  consists of rugged terrain, mostly it is considered




 5  steep hillsides,  and small narrow valleys, which




 6  inevitably; that is the flood plain.




 7               That is just the way it is.  That is




 8  just the way God made it, and we got to live with




 9  it.




10               Well, we're smart.   We can do things, we




11  can put mountains, and we can make flat land up out




12  of the flood plains.




13               One thing I would like to say is, the




14  other thing is the stream quality.




15               Well there has been a lot of issues




16  involved that have been about stream quality, and I




17  am not that old,  but I'm old enough to remember Big




18  Coal River being pretty much choked with sediment,




19  but since all the regulations, the mining industry is




20  living by -- and we are doing a wonderful job -- that




21  is no longer the case.




22               Due to what the mining industry is doing




23  today, the river is probably -- it is starting to be




24  classified as a high-quality stream, which it

-------
                                                     87




 1  wouldn't have been before.




 2               Also, there are other streams and rivers




 3  in Boone County,  where we were able to stock trout.




 4               That is the result of the mining,




 5  People,  that is not because of the natural




 6  environment of the trout, they could have never lived




 7  there before.




 8               We've been talking about everything is a




 9  joke.  I'll tell  you what I think the joke is, I




10  think a joke is when outside environmental groups




11  come around and tell me, and other fellow people that




12  live in that community, what is the best for us.




13               Thank you.




14               MR.  CHAIRMAN:  Larry Keith.




15               The  next speaker after Mr. Keith will be




16  Robert Wilkerson.




17               MR.  KEITH:  I am Larry Keith, and I am




18  from Hazard, Kentucky.




19               I have been employed in the engineering




20  profession for 26 years, and have been involved in




21  the mining industry during that time.




22               What I would like to take a look at is




23  the impact of mining on our communities and towns in




24  the coal fields.

-------
 1               First, mining provides jobs.  It also




 2  produces flat usable land out of the flood plains,




 3  sometimes in which coal-fill areas are not blessed




 4  with.




 5               For instance, approximately one-square




 6  mile area surrounding the Hazard, Appalachian




 7  Regional Medical Center; there are five apartment




 8  complexes,  104 dwellings, 28 medical and healthcare




 9  facilities,  including the ARH Professional Office




10  Building, the ARH Psychiatric Center, and the




11  University of Kentucky Center for rural health, which




12  is currently being constructed on reclaimed mine




13  area.




14               There are also 89 businesses, including




15  Days Inn, Winn-Dixie, Food City, Applebee's, just to




16  name a few.




17               Six churches also got the landscape.




18  City, Federal, and State agencies also use flat




19  surface mined areas to construct their building.




20               The so-called devastated areas, have




21  also left behind golf courses, the cypress trees and




22  goose ponds, grazing fields for elk and deer, and the




23  list goes on.




24               As for polluting the waterways, the

-------
                                                     89




 1  mining industry has been placed under such strict




 2  regulations,  to meet the affluent standards set forth




 3  by these laws,  I can attest firsthand, that in




 4  monitoring discharge from ponds and active surface




 5  mine sites and reclaimed jobs throughout eastern




 6  Kentucky,  the water is clean.




 7               About a month ago, a biologist from the




 8  Northern Kentucky University, was doing a study, what




 9  he called a "bug count" at one of the pond sites that




10  I was monitoring.




11               We were standing at the discharge pipe




12  for this pond,  and he made the remark that in his




13  findings,  throughout the eastern Kentucky area, that




14  the water coming out of these ponds, was




15  substantially cleaner than any water, in any open




16  channels in Louisville, Kentucky.




17               Now what does that say for the mining




18  industry?




19               In leaving Hazard today to come over




20  here, I passed a construction site for a new Walmart




21  center.  On this site, I surveyed the area, which I




22  determined to have 24,000 tons of coal, which had to




23  be destroyed and disposed of.




24               But through the coal regulations, and

-------
                                                     90




 1  the company doing the work, could not sell this coal




 2  and donate it to needy charities in the area, but




 3  could give away 25 tons.




 4               Now what does this say for the




 5  regulations?




 6               Thank you.




 7               MR. CHAIRMAN:  Robert Wilkerson.




 8               After Mr. Wilkerson speaks, we are going




 9  take another five-minute break, and when that




10  happens,  I will tell you who the next two speakers




11  will be.




12               MR. WILKERSON:  Good evening.




13               My name is Robert Wilkerson, and I live




14  in Princeton, West Virginia, with my wife, two




15  children of six that we raised in West Virginia.




16               After high school, I moved to




17  Washington, B.C., in 1961, simply because of a lack




18  of employment opportunities at that time.




19               After nine years in Washington, I




20  realized that I wanted to live a different and




21  slower-paced environment.




22               I began my mining career in 1970,




23  working as a general inside laborer, operating




24  various machinery, and not underground, and then

-------
                                                     91




 1  after three years I got my mining certificate for




 2  mine foreman.




 3               I am currently employed with a




 4  landholding company as a mine inspector.




 5               How important is mining to our




 6  livelihood?




 7               In 33 years, the average coal miner had




 8  the potential  to earn between $900,000, and




 9  $1.5 million,  depending on the job duties, or your




10  willingness to work.




11              A family of four, would contribute




12  $200,000 in Federal taxes, $60,000 in West Virginia




13  State taxes, and $90,000 in FICA taxes.




14               Between 1995, and 1999, 5,798 mining




15  jobs were lost in West Virginia.




16               If you use the average rate of $50,000




17  per year, per  miner,  per employee, you multiply that




18  times 5,798 jobs -- that is just for those four




19  years -- we have lost -- West Virginia has lost




20  $289,900,000 in wages.  And that doesn't account for




21  the other taxes it paid.




22               How important is mining to your




23  community?




24               I recently spoke to a small convenience

-------
                                                     92




 1  operator in Mingo County,  West Virginia,  who has a




 2  store close to the Marrowbone Development that




 3  recently closed down.




 4               He told me that the one family owner of




 5  this store is losing $800  per day in sales, and this




 6  is just one store.  And you can multiply that over




 7  the industry.




 8               I think one of the things that is




 9  interesting is that we can use the West Virginia




10  Office of Miners' Health & Safety Training Coal Tax




11  Sheet — you can find it on their website page — and




12  it is interesting some of  the comments that they have




13  here.




14               The taxes paid by the coal industry,




15  using West Virginia coal,  accounts for over




16  two-thirds, or over 60 percent of business taxes paid




17  in this state.




18               The coal industry pays approximately




19  $70 million in personal property taxes.  Coal




20  severance, $160 million in West Virginia economy for




21  this year.  $24 million of coal severance taxes




22  collected each year, goes  directly into the




23  Infrastructure Bond Fund.




24               The coal industry's payroll is nearly

-------
                                                     93




 1  $2 billion a year.  Coal is responsible for more than




 2  $12 billion annually in overall economic impact.




 3               These are some of the facts that comes




 4  from West Virginia's agencies.




 5               Also, I think we need to realize that we




 6  are all biased.   I am biased, and some of the other




 7  people are biased, as well, who have stood up on this




 8  platform.




 9               I am biased based on my life




10  experiences.  I  am biased based on my background, or




11  my upbringing, as you well, please.




12               I was raised in the strong




13  Judeo-Christian  belief system, believing that the




14  creator should be worshiped and not creation.




15               In  Genesis 126 through -31, God gives




16  man the right and the responsibilities, to subdue




17  creation, including all living creatures.




18               Let me explain, I enjoy God's creation.




19  I enjoy what I see in West Virginia, and I really




20  believe that the beauty of West Virginia is probably




21  just as great as any other state.




22               It  appears that the environmentalists




23  have placed creation above and before the creator,




24  Genesis 125.

-------
                                                     94




 1               I see great strides being accomplished




 2  in the methods of safe removal of mountaintop




 3  operations.




 4               Operators are satisfying the role of




 5  good stewardship.




 6               In the past years, the regulatory




 7  agencies,  demanded that the materials placed in




 8  valley fills were on slopes, and be compacted in




 9  order to control erosion.   Erosion, of course, we




10  know can't be controlled by compacting material.




11               Through information, and studies done by




12  West Virginia University and Virginia Tech,  they have




13  now found that if you leave the material there very




14  loose, that it will actually absorb the ground water




15  as it falls.  That is common sense.




16               In the midst of our bias, we must find




17  common ground and be responsible and accountable to




18  our states and community,  and at the same time,




19  provide jobs to enjoy the benefits of living in West




20  Virginia.




21               This is common ground.  This common




22  ground cannot be reached,  when we continue to see the




23  exodus of our young children.




24               MR. CHAIRMAN:  You need to wrap up.

-------
                                                     95




 1               MR. WILKERSON:  — leaving West Virginia




 2  and finding employment in other states.




 3               Thank you very much.




 4               MR. CHAIRMAN:  Okay.   We are going to




 5  take a five-minute break.




 6               The next two speakers will be




 7  Fitz Steele and Luke McCarty.




 8               Also, remember if you do wish to speak,




 9  you need to sign up at the registration table out




10  front.




11               Thank you.




12               (Break.)




13               MR. STEELE:   My name is Fitz Steele.  I




14  am from Hazard, Kentucky.




15               I have been a coal miner for 20 years.




16  I am also a treasurer for the Hazard/Perry County




17  Industrial Board.




18               I am also on the board of the Pride




19  Board for Perry County.




20               I'm vice president of the Buckhorn Lake




21  Bowler's Association.




22               I am a strong supporter of mountaintop




23  removal for my family and my community.




24               Where I live, we would not have nothing

-------
                                                     96




 1  if it was not for the coal industry.  Our local




 2  hospital, doctors'  offices, high school, hotels,




 3  restaurants, several small businesses, large




 4  businesses, Wayne Supply, a CAT dealer, our Coal




 5  Field Industrial Park,  and airport, are also built on




 6  hollow fills.




 7               Hollow fills make it possible for our




 8  region to attract new businesses.  Without the level




 9  land to build and create better living conditions,




10  what would we have?  We wouldn't have nothing.




11               We would be dependent on the government




12  to take care of us, and coal miners don't want that.




13  We are a proud, hardworking group of Americans that




14  go to work every day, to provide for their families




15  and communities.  We do not want to be dependent on




16  no one.




17               Also,  I would like the definition of a




18  stream.  I would like to see a stream be called a




19  stream, and a run-off ditch, be called a run-off




20  ditch.




21               Coal was formed through the




22  (inaudible) broadening of a swamp many years ago that




23  area was level, each seam started when all that was




24  (inaudible) seen was a swamp.  Silt came in, covered

-------
                                                     97




 1  the swamp, it started all over again.




 2               As far as caring for the environment,  we




 3  do.




 4               We have over 300 head of cattle on our




 5  property, over 20 head of horses, many deers, turkey,




 6  coyotes,  and we have some elk that wonder by, we have




 7  some black bears, also.




 8               Every spring in eastern Kentucky, we




 9  have a thing -- we have a committee called Pride.




10  Every spring we have a Pride cleanup.




11               This year 50 people went 23.4 tenths




12  miles, cleaning both sides of Highway 28.  We got 531




13  bags of garbage.




14               The following week, I was in the creeks,




15  digging up under old appliances, dodging copperheads,




16  rattlesnakes.




17               On our side of the hill, we have the




18  Kentuckians for the Commonwealth.  In Perry County, I




19  did not see one Kentucky for the Commonwealth helping




20  us clean it up.




21               Also, Tuesday night, we had this same




22  hearing in our new Hal Roger's Center, and off to the




23  right where you all were sitting, after the hearing




24  was over, we picked up their water bottles, and their

-------
 1  Diet Pepsi bottles after that.




 2               We are,  at least, out there cleaning up




 3  after generations before us, and cleaning up after




 4  our current ones.  We do get out and clean up our




 5  backyard, we don't just talk about it.




 6               Now, there is a river, it is called




 7  Nenana River, that drains around The Denali National




 8  Park, where Mount McKinley is, and it is a




 9  glacier-fed river.




10               A glacial river is very silty.  It




11  doesn't have very much aquatic life in it.  I talked




12  to a ranger up in Alaska before I came in here, and




13  it is a fish called a burbot, which is something like




14  our catfish.




15               Then on the salmon, if they can make it




16  all the way up the stream and spawn then they do, but




17  also they die out.




18               As far as alternative sources of energy,




19  we have solar, we have nuclear power.  You know, that




20  is real safe, what is going to happen when a




21  terrorists hits one of our nuclear plants; how many




22  will die?




23               Then we have natural gas.   We don't even




24  produce enough natural gas to meet our needs.

-------
                                                     99




 1               Now, next month, August 17th,




 2  St.  Petersburg, Florida, one of our energy




 3  committees,  they are going to sit down, they are




 4  going to chat with the Russians.  They are going to




 5  try to cut a deal with Russia to buy natural gas off




 6  of them to supply us for power.




 7               We already have that power, it is called




 8  the Middle East.




 9               Coal is here.  We have it to supply




10  power to our country.  I would much rather have my




11  trust and faith in a bunch of coal miners, than




12  people from the Middle East or Russia, to help and




13  depend on them to meet our energy needs.




14               I do have an Environmental Leadership




15  Award, because I get out and clean it up.  And my




16  company does take care of the environment.




17               MR. CHAIRMAN:  Luke McCarty.




18               The next speaker will be William




19  Runzon, Jr.




20               MR. McCARTY:  My name is Luke McCarty.




21  I have been a coal miner for 35 years.  I have been a




22  union official, safety mine committee.




23               I also own a home that has -- within the




24  next two, to three years, will have approximately 7-

-------
                                                     100




 1  to 8,000 acres of strip-mined land within four miles




 2  of my house draining into the river that goes by my




 3  house.




 4               I am not here to speak on behalf of the




 5  strip miners, or the environmentalists.  I am here




 6  for my family.




 7               I am not going to try to convince you




 8  people to stop mountaintop removal, it ain't going to




 9  happen.   It ain't going to happen.




10               I am not stupid enough to think that




11  you,  or anybody else is going to stop it.




12               What I would like for you to do is




13  regulate it.




14               What do you mean, Mr. McCarty,  regulate




15  it?  It is regulated to death.




16               Well,  I had some pictures here that I




17  was wanting to show you all, but the way the forum is




18  here, I can't do it.




19               Now, I am going to try to explain it to




20  you.




21               Now we have a strip mine in the head of




22  this  hollow.  We cut a ditch, and put rock in it,




23  shot  rock, maybe as big as this podium here, half as




24  big,  or as big as this podium.

-------
                                                     101




 1               All right.  We make that ditch 30-feet




 2  wide,  4-feet deep.   Now every fork, just about, will




 3  have one of these in it.




 4               They dump into a hollow that has a




 5  capacity to carry a stream about three- to four-feet




 6  wide,  about six inches deep is what it usually runs.




 7               Now why is this ditch this big?




 8               We are getting rid of our water.  That




 9  is what it is.




10               Now my problem is, this goes down the




11  hollow, hits the base of the hollow, we have what we




12  call sediment ponds.




13               Okay,  Mr. McCarty, our sediment pond is




14  going to take care of everything.




15               No, sir, your sediment pond does not




16  take care of one drop of water.  If any stuff washes




17  off that fill, it catches it into the sediment pond.




18               That sediment pond runs full all the




19  time.




20               I have three or four pictures here




21  showing you that they run full all the time, and




22  there is water running over off the spillway.




23               So if it rains, if they have 500 acres




24  uncovered up there, or 300, or 15 -- all the water

-------
                                                     102




 1  off that,  hits your spillway, comes down the hollow,




 2  over the dam, and right on down to me, and whoever




 3  lives below it.




 4               What I would like is for that water to




 5  be contained, and let loose slowly off of their




 6  property,  so that me, and the other people that lives




 7  below me,  can survive.




 8               Other than that, it is the dust that is




 9  created.




10               Whenever you go on a job that they know




11  you are coming,  I guarantee you that you will be able




12  to see just like you can in this room.




13               But when you are not there, Brother,




14  listen, you better wear you a mask.




15               And a lot of these fellows, when they




16  get my age, are going to have what I have, only they




17  probably have brown lung, instead of black lung.




18               Now I don't think that anybody besides




19  me in this room, believes that strip mining is going




20  to be stopped.




21               There is not very many people in this




22  room old enough to remember the 1969 Health and




23  Safety Act.




24               What did I hear?  I worked in the mines

-------
                                                     103




 1  in 1968, do you know what I heard?  This is going to




 2  shut mining down.




 3               Lookie here, I am here 34 years later,




 4  and I am still kicking, and I'm still working in the




 5  coal mines.




 6               Somebody was wrong.




 7               Like I said, I am not here to stop strip




 8  mining,  it ain't going to happen.  You know it, I




 9  know it, and the people in this room know it.




10               It ain't going to happen.




11               But you do need to take care of the




12  people that lives in the area of the mines.




13               They say, well, now you had this big




14  rain, and strip mining had nothing to do with it.




15  Don't get me wrong, Brother, logging has a big part




16  in this.  Logging has a major part in what is going




17  on, but we are not here about logging — we are going




18  to let it slide.




19               Now we talked about coal mining, we are




20  all going to give our jobs to our kids.  Since I have




21  been in the coal mines, we have lost jobs every




22  year.  We lost them the year before last, we lost




23  them last year, we are going to lose them next year.




24               Why?  It ain't because the report you

-------
                                                     104




 1  write; it is going to be because we have got bigger




 2  machinery,  and we got western coal to contend with,




 3  that is what is killing coal mining.




 4               It is slowly, slowly, dying.




 5               But how much protection are you going to




 6  give us until it is finished?




 7               I have heard the word of God spoken here




 8  two or three times.




 9               One quick quote, The name of God -- the




10  same God we all worship — said in a book called




11  Revelations, that he will bring ruin to those who




12  ruin the earth.




13               So we all have to answer to what part we




14  had in damaging this earth while we was here.




15               MR. CHAIRMAN:  William Runzon.




16               The next speaker will be Benny Dixon.




17               MR. RUNZON:  My name is




18  William Runzon, Jr.




19               I am a lifetime resident of southern




20  West Virginia.




21               I am an employee of Arch of West




22  Virginia.




23               I am proud to be an employee of Arch of




24  West Virginia.  I am here today of my own choosing.

-------
                                                     105




 1  My company afforded me the opportunity, but I am not




 2  here to speak on behalf of Arch of West Virginia, as




 3  a whole,  I want to speak for myself, and my family,




 4  and the relatives, and the family and friends that




 5  live around where I do.




 6               Our lifetime has been in the coal




 7  industry,  and our desire to work and earn a living




 8  for our family.




 9               I heard a statement earlier today that




10  really kind of offended me, talking about false




11  prosperity.




12               The coal industry has been good for me




13  and my family, my ancestors, and also those around me




14  that live in our community.




15               Not only do I work for a surface mine




16  operation, but my house is located just a few hundred




17  feet from a competing coal company, who is doing a




18  surface mine operation -- from my house.




19               They are very good neighbors.




20               I keep hearing about the problems with




21  water, and flooding, and those types of issues; I




22  live beside a stream, I live beside the Pope Creek,




23  (phonetic) at Campus, West Virginia.  I have to say




24  that operation also is a good neighbor.

-------
                                                     106




 1               I would just make an appeal to this body




 2  today that you would hear the voice of the small




 3  people,  the people that live in the areas that are




 4  doing this mining.




 5               I heard people speak that were from




 6  Elkins,  and people that lived in Huntington.   But I




 7  live in the region where I work, and I want to tell




 8  you that I want to continue to live there.  I want to




 9  continue to work there.  I don't see any other




10  opportunity for us in that region but to mine coal,




11  and I am proud of the company that I work for, and I




12  think that they do a good job at mining.




13               I thank for the opportunity to speak




14  today.




15               Thank you.




16               MR. CHAIRMAN:  Benny Dixon.




17               Then the next speaker will be




18  Mike Comer.




19               MR. DIXON:  My name is Benny Dixon.




20               I live here in Charleston,




21  West Virginia.




22               I work in Logan County.




23               I work for Arch Coal.




24               I am proud to say that I have worked for

-------
                                                     107




 1  30 years in the coal industry, and I don't believe




 2  that could have chosen a better industry to work in




 3  than the coal industry.




 4               We are a responsible industry.  We take




 5  care of the environment.




 6               About 30 years ago,  I was asked to




 7  defend this country, and I did that with honor and




 8  I am a proud American.




 9               Today, I am still a proud American, and




10  I will defend it,  this job, and this environment,




11  against anybody who wants to take away my ability to




12  make a job my livelihood.




13               I grew up in eastern Kentucky.




14               When I was boy, I hunted and fished.   I




15  was 17-years old before I ever saw a deer.




16               I was almost 25-years old before I saw a




17  wild turkey.




18               Today, everywhere you go, you got to be




19  careful driving down the road that you don't run into




20  one.




21               The best place to deer hunt in Kentucky




22  and West Virginia, is on strip-mined land.




23               We have elk in eastern Kentucky today.




24  It has not been there for 100 years.  They live on

-------
                                                     108




 1  the "sterile" strip land, it is not fit for anything




 2  else.




 3               Imagine that.




 4               What do they live on?  They live on




 5  grass,  trees, that our coal companies have planted.




 6               With all that being said, it sounds like




 7  a pretty good place to live to me.




 8               To some of the groups before us, they




 9  keep bringing God into this.  I love God, and I




10  respect God, but I believe God puts coal in these




11  mountains for me to mine, to make a living.




12               The people that want to take it away, I




13  don't have much for them.  And I defend my right.




14               Some of the groups before us that spoke




15  about the recent floods.  I watched it on national




16  TV, the FedEx truck washing through downtown




17  Charleston.   I don't believe I saw a strip mine




18  anywhere close.  Can anybody tell me where it's at?




19  Where the run-off from this strip mine flooded




20  downtown Charleston, over near the airport?




21               I drove around there the other day.




22  I saw a house that was washed off its foundation, not




23  too far from where I live, but I don't hear no




24  blasting, I  don't see no run-off from no strip mine.

-------
                                                     109




 1               God rained on Charleston,




 2  West Virginia,  not Arch Coal, not Massey.




 3               So I would ask you panel members:




 4  Protect my ability to make a living in West




 5  Virginia.   I think it is a God-given right, and I




 6  will defend it against anybody who wants to take it




 7  away from me.




 8               Thank you.




 9               MR. CHAIRMAN:  Mike Comer.




10               Then the next speaker will be Nelson




11  Jones.




12               MR. COMER:  Good afternoon.  It is a




13  pleasure to be here this afternoon.




14               My name is Mike Comer.  I am from




15  Charleston, West Virginia, but I was born and raised




16  down in Bluefield, West Virginia, Mercer County,




17  southern West Virginia.




18               The same time my grandfather -- both my




19  grandfathers -- were railroad engineers, hauled




20  coal.




21               My father was a salesman for a




22  distributor in southern West Virginia, and traveled




23  the coal fields all of his life.  Many times during




24  the summer, I would travel with him.

-------
                                                     110




 1               I can say that I was educated in West




 2  Virginia,  and I choose to live in West Virginia.




 3               At the same time, from what I have been




 4  able to see,  coal has been a great friend to




 5  West Virginia.




 6               Through the contributions back to the




 7  communities,  through the payrolls, through taxes




 8  paid.




 9               At the same time, now I am associated




10  with United Bank.  United Bank is the largest




11  independent bank in West Virginia.  We have got




12  $3 billion assets in West Virginia, and about 1,000




13  employees.




14               At the same time, we are dependant upon




15  the West Virginia economy.  The West Virginia economy




16  is dependent upon coal, both directly through taxes,




17  and indirectly through payroll.




18               Our customers mine coal.  Our customers




19  are people who work in the mines, our customers are




20  also businesses that mine coal.




21               At the same time, we have to represent




22  other customers that have supported, and depended,




23  and served those businesses directly in the coal




24  industry.

-------
                                                     Ill




 1               Coal is important to the part of the




 2  quality of life for our families throughout




 3  West Virginia.




 4               Coal is important to our future; coal is




 5  vital for West Virginia.




 6               I am happy to say that I am a friend of




 7  coal.




 8               MR.  CHAIRMAN:  Nelson Jones.




 9               The next speaker will be Bob Gates.




10               MR.  JONES:  Good afternoon.




11               Thank you for the opportunity to speak




12  here.   I will be brief.




13               I think the group preceding me,  has  done




14  an outstanding job of presenting our case.




15               I have lived in Charleston all my life.




16  Our company has been in the coal business for four




17  generations.




18               I think we have been a responsible




19  employer.  Our payroll today, primarily in marine




20  transportation of coal, exceeds $16 million annually.




21               Without coal production in




22  West Virginia,  it will diminish our company.   There




23  is no place for our employees to go.  There is not




24  any government jobs for them here, there are no jobs

-------
                                                     112




 1  in the chemical industry.  Those are the only jobs




 2  that pay any money in West Virginia.




 3               The chemical industry, the government,




 4  and the coal industry.  There is just one industry




 5  left that offers a future for our employees, please




 6  think of that as we are deciding what course our




 7  regulation will take.




 8               You know, we used to attend the




 9  Mississippi Valley Coal Exporters'  Conference in New




10  Orleans, to talk about the export of coal going




11  overseas.  There isn't any anymore.




12               What we are hearing about, is the




13  imported coal coming into this country.  The more




14  regulation we place upon coal production here, the




15  less coal we produce, the more we import.




16               That is bad for all of us.




17               We need to do a better job in all that




18  we do, but please offer us the opportunity to work,




19  to continue to raise our families here, to make this




20  state great.




21               For over 40 years, I have attended and




22  participated in events in this auditorium.  This




23  auditorium was paid for, in large part, by the




24  employers in this area.  Most of those are gone now,

-------
                                                     113




 1  but please let the rest of us continue to work.




 2               Thank you.




 3               MR.  CHAIRMAN:  Thank you.




 4               Our next speaker will be Corky Griffith.




 5               MR.  GATES:  I am Bob Gates.




 6               I live in Charleston.




 7               My daughter was born in Logan County.




 8               As a filmmaker, I have gone down to the




 9  flooded areas and talked with coal-field residents,




10  discussed with them,  and asked them where they




11  thought these incredible flash floods came from, and




12  what they thought the causes were.




13               Scrabble Creek, Seng Creek, Bulgher




14  Hollow at Dorothy, White Oak Creek, walls of water




15  came down those streams.




16               I have,  not only talked to the




17  residents, I have looked at the mines, I have gone




18  over the mines, those walls of water came from




19  mountaintop removal/valley fills.




20               Not to mention the Lyburn disaster a




21  year ago.




22               Between mountaintop removal in southern




23  West Virginia, and steep-sloped timbering, 47




24  communities have been destroyed, or damaged; 12,000

-------
                                                     114




 1  homes and businesses, destroyed and damaged.




 2               MR. CHAIRMAN:  Corky Griffith.




 3               The next speaker is Ed Painter.




 4               MR. GRIFFITH:  Thank you for the




 5  opportunity.  Thank you, guys.




 6               I am a football coach, that recently




 7  took a job with MRS out of Holden, West Virginia,




 8  public relations for them, and the coal industry.




 9               I call on approximately 50 different




10  mines in one month.  I go around and I see them all.




11  I have not seen any that are not trying their best to




12  take care of the environment.




13               I am not a coal miner.  I am a football




14  coach.  Now the reason they hired me was because I




15  know those guys.  I know guys at Arch, I know guys at




16  Massey,  and I know guys at Peabody, Kanawha River




17  Terminals, I know those people.




18               And everywhere I go, they are taking




19  care of the environment.  And I know because bear are




20  running over me.  I was out at Milford the other day,




21  and two bears run over me getting to a garbage can.




22               I was up in Clay County, where I grew




23  up.




24               Which I should have told you where I

-------
                                                     115




 1  grew up.  I grew up in Clay County, in a small mining




 2  community named Widen.




 3               I am 64-years old.  When I was 10, they




 4  timbered that place, the creek ran black.  You




 5  couldn't swim in it.  Today, the timber is back, it




 6  is this big around, (indicating), 50-year growth.




 7  The stream is clean and running with trout, all




 8  because the coal company went up there and cleaned it




 9  up.




10               They made that place beautiful again.




11               It is amazing how nature can refurbish a




12  countryside.   With the coal people's help and nature,




13  it can be done.




14               You know, I would also write stories for




15  the Charleston Daily Mail about old high schools that




16  have disappeared.




17               In the last 50 years, the State of West




18  Virginia, because our kids have to leave, we have




19  lost 151 high schools.




20               Damn.  That is a lot of people; 151.




21               And I am writing about them, and I am up




22  to 15.  And the reason I am doing it is I want those




23  old towns to start getting redone.




24               You are saying, this is about coal,

-------
                                                     116




 1  those places are gone because it is about coal.  It




 2  is about jobs.




 3               And anytime you get a chance to get up




 4  in front of this many people and say something, and




 5  nobody is not going to let you talk, you need to take




 6  a chance of doing it.




 7               Because I see old Hunter over there —




 8  I had him in Civics in 1969, at Ripley High School,




 9  and he has turned out to be quite a gentleman, and




10  nice-looking guy over there.




11               You guys need to help us with




12  Workers' Comp.




13               Don't forget it.  Workers'  Comp is our




14  enemy.




15               Another thing I want to tell you is




16  this:  I talked to all the coal owners,  the biggest




17  thing that they are worried about is over regulation,




18  and Workmans' Comp.




19               Out of those 50 mines that I have talked




20  to, half of them, 25, are talking about shutting down




21  because of over regulation, and because of Workmans'




22  Comp.




23               Don't be the enemy, you guys.




24               I  have got a question for you:  How many

-------
                                                     117




 1  of you all on the panel have ever worked in the coal




 2  industry?




 3               Would you raise your hand?




 4               MR. CHAIRMAN:  Again, I remind you, the




 5  panel does not answer questions.




 6               MR. GRIFFITH:  Oh, I'm sorry.




 7               I didn't really mean it.




 8               The other thing is this:  If I am going




 9  to coach football, and I need to know something, I am




10  going to see Don Nehlen.




11               If I am going to mine coal, I want to




12  talk to a coal miner; they know.




13               These guys that are getting up here that




14  are coal miners know, that you don't go get a lawyer




15  to have a good football team, you go get another good




16  coach.




17               Talk to the miners.




18               Talk to owners.




19               They know what is going on.




20               Thank you very much.




21               MR. CHAIRMAN:  Ed Painter.




22               Then the next speaker will be Warren




23  Hilton.




24               MR. PAINTER:  Hello.  My name is Ed

-------
                                                     118




 1  Painter and I live in Hurricane,  West Virginia.




 2               I have three daughters,  and a son.   Two




 3  of my daughters are attending Marshall University.




 4  And as many of you know,  college is very expensive,




 5  even at a State-supported university.




 6               I am a graduate of West Virginia




 7  University, and I have worked for Walker Machinery,




 8  Caterpillar dealer in this area for 27 years since




 9  graduation.




10               One of our major markets, is the selling




11  of Caterpillar earth-moving equipment to the coal,




12  and surface mining industry.




13               Walker Machinery employs nearly 600




14  people.  And a strong coal industry is necessary for




15  our company, because it enables our company to




16  provide 600 high-paying jobs, for some very highly




17  skilled people that support our equipment in the




18  mining industry.




19               You hear over and over in the press that




20  mining employment is down, and yes, direct mining




21  employment is down.  But what you don't hear, is that




22  a lot of those jobs — many of those jobs, are not




23  directly done by the coal industry to support their




24  operations, are now done by the companies that offer

-------
                                                     119




 1  vendor services to the mining industry.  And we are




 2  one of those companies.




 3               I am the oldest of three boys.  My




 4  mother is a retired schoolteacher, and my father is a




 5  retired steelworker.   My brothers and I all graduated




 6  from State-supported universities.




 7               Upon graduation, I was the only one that




 8  found employment in this state, and without the




 9  mining industry, and my company's role in supporting




10  that industry, I would have had to have left the




11  state, also.




12               Because of the mining, I have been able




13  to accomplish what most of us wish to accomplish in




14  our lives; own a home, raise a family, send your




15  children to college.




16               I hope to continue to be able to do




17  that.




18               I know that many of you marvel, just as




19  I do, at the retail growth at Corridor G.  I have




20  often wondered where the people and the money comes




21  from to support that level of growth.




22               Well, I don't think that it is coming




23  from the number of manufacturing jobs that we may




24  have been able to attract to this state in the last

-------
                                                     120




 1  decade, it comes from mining wages, and the companies




 2  that support that industry.




 3               Thank you.




 4               MR. CHAIRMAN:  Warren Hilton.




 5               MR. HILTON:  Thank you, gentleman, for




 6  your time today, and ma' am.




 7               Two ma'ams, I didn't see you.




 8               Thank you all for coming out today.




 9               My name is Warren Hilton.




10               I am from Beckley, West Virginia.




11               I am a very strict environmentalist.




12               I see an awful lot of mouths drop, at




13  that point.




14               I do appreciate very much the people




15  that have spoken here today, the environmental people




16  that have come out and spoken what they feel.




17               I also appreciate these coal miners that




18  have come out today.




19               I will give you just a little bit of




20  history, my company, my family, was involved in the




21  coal business since the early 50's.




22               We had over 1,000 people working in




23  different kinds of businesses, such as farming,




24  cattle business, the real estate business,

-------
                                                     121




 1  convenience stores, hotels, timber business, sporting




 2  good,  hardware store, horse business, construction




 3  business, and excavation business, and yes, also, we




 4  do a little mining.




 5               Since Jay Rockefeller introduced the




 6  Reach Back Bill in 1992, Federal regulations — over




 7  regulations — of the mining industry, have taken us




 8  from 1,000 employees, some of which worked for me




 9  that are sitting out in this room today -- quite a




10  few of them — we're down to 33.




11               All I ask you people to do is use a




12  little common sense.  We have 105 State and Federal




13  regulatory agencies looking after mining.




14               What we need is two, or three more, the




15  environmentalists will get their way, we can move our




16  kids out of here, we can quit worrying about security




17  for our kids and our jobs.




18               We just want a place for our kids to




19  work.   We want some kind of security, some kind of




20  thing like you gentleman have -- and ladies.




21               You have a little security in your




22  futures and what you are doing.   That is all we are




23  asking for.




24               Today is a good day.  You are listening

-------
                                                     122




 1  to us,  and I want to give you just a slight bit of




 2  history.




 3               There was an Admiral, in the Japanese




 4  Navy named,  Yamamoto.




 5               He was the guy on the flagship that




 6  bombed Pearl Harbor.  He said — after he finished on




 7  Pearl Harbor Day — we have awoken a sleeping giant.




 8               I thank the environmentalists today for




 9  being out here, but I think you mostly for waking the




10  sleeping giant.




11               Thank you.




12               MR. CHAIRMAN:  That was actually the




13  last card I  had for speakers.




14               We do have about 15 minutes before this




15  evening session was planned to end.




16               Does anyone else wish to speak now, or




17  would you rather wait for the evening session?




18               (No response.)




19               MR. CHAIRMAN:  I would like to thank you




20  everyone for coming out this afternoon.




21               Again, I will remind you that we are




22  having another session this evening from 7 to 11.




23               The doors will open at 6:15, for




24  registration.

-------
                                                    123




1               Thanks again, and have a good afternoon.




2               (Hearing adjourns.)




3

-------
                                                     124

 1  STATE OF WEST VIRGINIA,  To-wit:

 2         I, Michele G.  Hankins,  a Notary Public and

 3  Court Reporter within and for the State aforesaid,  do

 4  hereby certify that the testimony of said hearing was

 5  taken by me and before me at the time and place

 6  specified in the caption hereof.

 7         I do further certify that said hearing was

 8  correctly taken by me in stenotype notes, that the

 9  same was accurately transcribed out in full and

10  reduced to typewriting,  and that said transcript is a

11  true record of the testimony.

12         I further certify that I am neither attorney

13  or counsel for, nor related to or employed by, any of

14  the parties to the action in which these proceedings

15  were had, and further I am not a relative or employee

16  of any attorney or counsel employed by the parties

17  hereto or financially interested in the action.

18         My commission expires the 29th day of December

19  2003.

20         Given under my hand and seal this 29th day of

21  August 2003.

22
23                          Michele G.  Hankins
                            Notary Public
24                          Court Reporter

-------