Episode 16

Primary Video https://youtu.be/gEMX8DZJkvM?si=o8LlXpUj3DhvwEqV and https://www.youtube.com/watch?v=J8     irVJd1aIo

The woman on the video is Donna Lisenby, she was with Appalachian Voices.

Frasure Creek Lawsuit https://en.wikipedia.org/wiki/Frasure_Creek_lawsuit

WaterKeeper.org https://waterkeeper.org/ (founder Robert F Kennedy Jr.)

Email to Waterkeeper sent 11/22/2023

Case Summery https://archive.kftc.org/issues/clean-water-act-case-against-icg-and-frasure-creek-mining and https://waterkeeper.org/news/groups-sue-frasure-creek-mining/

Richmond Register ICG Settlement https://www.richmondregister.com/news/local_news/environmental-groups-icg-coal-settlement-historic/article_65d4c70b-c12c-5595-985d-5e92b477d9dc.html

Killing in “Bloody Mingo” https://www.e    enews.net/articles/killing-in-bloody-mingo-casts-shadow-across-appalachia/

Rolling Stone Don Blankenship The Dark Lord of Coal Country https://www.rollingstone.com/culture/culture-news/don-blankenship-the-dark-lord-of-coal-country-184288/

Vendors push for bankruptcy https://www.register-herald.com/news/creditors-trying-to-force-frasure-creek-mining-into-bankruptcy/article_86b1827f-427e-5a1a-9e77-e8f14dee72e7.html They are claiming that Frasure Creek -- owned by India-based Essar Minerals --owes them a total of $20.1 million for goods, services, and parts they provided, according to court documents.

Essar Minerals https://www.firstpost.com/business/us-agency-sues-essar-minerals-for-choking-streams-337537.html

Hanover Lodge https://en.wikipedia.org/wiki/Hanover_Lodge

Frasure Creek Mining Company was owned by Essar Group, a multinational corporation based in India. The company faced legal action due to falsifying pollution discharge in their reports, which violated key components of the Clean Water Act4. After years of violations, Frasure Creek was issued the largest fine ever entered by the state of Kentucky for environmental violations against any company. Following the settlement, if at any point Frasure Creek mining company or any of its owners want to apply for new permits, a fine of $2.75 million must be paid.

On June 1, 2011, shareholders of Alpha Natural Resources agreed to buy Massey Energy for $7.1 billion, making it the nation’s largest metallurgical coal company1. Alpha Natural Resources acquired Massey Energy, creating a company with 110 mines and combined coal reserves of 5 billion tons. The acquisition marked a significant development in the coal industry.

The International Coal Group (ICG) was acquired by Arch Coal through a merger in June 2011. As a result, ICG became a wholly owned subsidiary of Arch Coal. Arch Coal is a major player in the coal industry, and this acquisition further solidified its position as a leading metallurgical coal supplier and a top-five global coal producer and marketer.

Arch Resources, previously known as Arch Coal, is an American coal mining and processing company. The company mines, processes, and markets bituminous and sub-bituminous coal with low sulfur content in the United States. As of 2011, Arch Resources supplied 15% of the domestic market, with demand primarily coming from electricity generators1. The company operates 32 active mines and controls approximately 5.5 billion tons of proven and probable coal reserves in various regions, including Central Appalachia, the Powder River Basin, Illinois basin, and the Western Bituminous regions. Arch Resources sells a substantial amount of its coal to producers of electric power, steel producers, and industrial facilities.

In 2020, Arch Coal changed its name to Arch Resources, Inc. The company has a diverse group of shareholders, including institutional investors, individual investors, and company insiders. Recently, Arch Resources considered selling its Wyoming coal mines due to production slowdowns. However, it remains a significant player in the coal industry in the United States.

Per West Virginia University https://mindext.statler.wvu.edu/coal-hall-of-fame/bennett-k-hatfield

Bennett Kay Hatfield began his career with A.T. Massey and for the next 23 years, Hatfield served in various operations, and corporate management positions within Massey, culminating with his promotion to executive vice president, and chief operations officer for Massey Energy Company. In December 2001, Hatfield resigned from Massey Energy, and accepted a position of executive vice president at El Paso Corporations Coastal Coal subsidiary. While with El Paso, he was charged with strengthening operation performances, and preparing coal holdings for organized sales. In March of 2003, Hatfield accepted a position with Arch Coal as president of eastern operations, in which he was responsible for nearly 30 million annual tons of coal production located in mines throughout Kentucky, Virginia and West Virginia. In 2005, investor Wilbur Ross, Jr. offered Hatfield the position of president and chief executive officer of the newly formed International Coal Group. Compromised from the remains of two coal companies emerged from bankruptcy, Hatfield was tasked with putting together a strong management team, with a focus to take the company public. In six years, even in coal market declines, along with other challenging issues, Arch Coal purchased ICG for $3.4 billion. After a brief stint in retirement following the sale of ICG, Hatfield joined Patriot Coal Corporation as executive vice president and COO. Nine months after becoming part of Patriot, Hatfield was faced with navigating the company through Chapter 11 reorganization. Over the next two years, Hatfield managed to preserve not only the jobs of over 4,000 workers, but the medical benefits for 10,000 retirees as well, while eliminating roughly $1.7 billion in liabilities. Hatfield left Patriot in mid-2015. Before his passing, Hatfield had been the Principal of Coal Strategies LLC, and also served as an independent director on the Boards of Foresight Energy LP and Minerals Refining Company.

Patriot Coal Corporation, a coal-mining company based in St. Louis, Missouri, was a spin-off of most of the Eastern U.S. operations of Peabody Energy. It held a significant position as the second-largest coal miner east of the Mississippi River. The company’s operations comprised 16 mining complexes, with thirteen located in West Virginia and three in Kentucky. In 2007, Patriot sold 22.1 million tons of coal and controlled 1.9 billion tons of proven and probable coal reserves. Notably, it was the largest producer of thermal coal in the Eastern United States and a leading producer of metallurgical coal. Approximately 80% of its coal was sold to domestic utilities, while the remaining 20% was sold to domestic and international steel producers1.

However, in 2012, Patriot Coal Corporation faced financial challenges and filed for Chapter 11 bankruptcy. Despite this, the company aimed to emerge stronger and more competitive after the reorganization process. Unfortunately, it eventually ceased operations.

In October 2015, Blackhawk Mining, LLC, based in Lexington, Kentucky, stepped in and purchased most of Patriot Coal’s assets out of bankruptcy, ensuring the continuity of coal mining operations

Essar buys Trinity https://www.livemint.com/Companies/nSeX98WUFBY38swXK6CU1O/Essar-Global-infuses-150-million-into-Trinity-Coal.html

According to West Virginia web site https://governor.wv.gov/News/press-releases/2023/Pages/West-Virginia-exports-increase-by-over-20-percent,-state-delivers-second-largest-amount-of-coal-in-United-State.aspx  Coal was the most significant export, totaling $3.8 billion. The Netherlands, India, and Brazil were among the countries that received coal from West Virginia, making it the United States' second-largest coal exporter.

According to Spectum News 1 https://spectrumnews1.com/ky/louisville/news/2021/09/16/demand-for-coal-increasing#:~:text=Kentucky%20exports%20about%2010%25%20of,met%20with%20the%20state's%20coal. About 90% of Kentucky's distributed coal stays in the United States, with slightly less than half that coal remaining in the state and the rest sent to nearly 20 other states, where it is burned primarily by power plants to generate electricity. Kentucky exports about 10% of its coal to other countries. Kentucky ranks among the top 10 states in coal consumption, and nearly all that coal is used for electricity generation. Almost half of Kentucky's coal consumption is met with the state’s coal. The remaining coal consumed in Kentucky is brought in primarily from Wyoming, Illinois, West Virginia and Indiana.

2008 Massey Energy To Pay Largest Civil Penalty Ever For Water Permit Violations https://www.wateronline.com/doc/massey-energy-to-pay-largest-civil-penalty-ev-0001

Beshear fired cabinet employee Carl Campbell, without explanation. https://archive.kftc.org/blog/campbells-firing-raises-questions

To whom it may concern

I recently learned of the Frasure Creek Lawsuit. If you too are unaware of this lawsuit; With years of violations of the Clean Water Act, Frasure Creek was issued the largest fine ever entered by the state of Kentucky for environmental violations against any company. The story behind the lawsuit can be found here: https://en.wikipedia.org/wiki/Frasure_Creek_lawsuit

Allow me to say thank you to Waterkeepers for their efforts in these matters.

It appears, The Kentucky Energy and Environment Cabinet attempted to reach a settlement before a federal lawsuit ensued in Franklin Circuit Court December, 2010. However, Judge Phillip Sheperd denied these settlements, agreeing with the environmental organizations that fines would not prevent future violations from the companies who had already failed to comply previously. It was blatant the Kentucky Energy and Environmental Cabinet failed in their responsibilities of oversight. Had it not been for outsiders such as the Waterkeeper Alliance and Appalachian Voices (with the help of Kentuckians for the Commonwealth and Kentucky Riverkeeper working on the inside), this would have been buried and allowed to continue.

Which raises several concerns that we need to address in Kentucky.

Why did it take outside entities to “clean our own house”?

Why doesn’t every Basin Coordinator, Watershed Council, Friends of, Advocate and Watch group (in Kentucky) know this story and hold it up as an example of success?

Why doesn’t Kentucky Energy and Environmental Cabinet speak of this lawsuit? This occurred (20,000 violations) on Steve Beshear’s watch.

To make sure that we get (and keep) our own house in order. We need to start from the beginning and see if lessons were learned and still being followed today. Is there anyone within the Waterkeeper organization that “knows the story” and is willing to discuss these matters, or did the lawsuit limit such discussions?

Kentuckians For the Commonwealth news release: https://archive.kftc.org/press/releases/landmark-settlement-clean-water-act-case

The Appalachian Voice news release: https://appvoices.org/2012/04/27/ky-supreme-court-rules-in-favor-of-citizens-and-water/ Email also sent to The Appalachian Voice.

Daily Independence News report https://www.dailyindependent.com/news/frasure-creek-hit-with-heavy-fine-in-settlement/article_b265223c-9d50-11e5-aea0-238afeb17f95.html

Bennett Hatfield, 59, was found Monday at a cemetery where he had been visiting his wife's gravesite https://www.cbsnews.com/news/bennett-hatfield-prosecutor-suspects-plotted-to-steal-slain-coal-execs-car/ International Coal Group, Inc. (ICG) CEO killed. Police say “to steal his car”, but the car was never taken. Killed at wife’s grave site. One of the shooters was extradited from Kenton County, Kentucky. May 26, 2016

Robinson Forest https://robinson-forest.ca.uky.edu/

Settlement on Steve Beshear’s last day in office. Bevin became the next governor. See details: https://appvoices.org/2015/12/10/frasure-creek-violations-ending/

Frasure Creek Mining Company Mine address 4978 Teays Valley Road

2015 Mining Technology Magazine report https://www.mining-technology.com/features/featuredrilling-into-the-data-false-environmental-reporting-in-the-mining-industry-4521159/?cf-view

Gov. Andy Beshear 2019-2027 Democratic

Gov. Matt Bevin 2015-2019 Republican

Gov. Steven L. Beshear 2007-2015 Democratic

My research includes the death of Bennett Hatfield, 59, who was found at a cemetery where he had been visiting his wife's gravesite https://www.cbsnews.com/news/bennett-hatfield-prosecutor-suspects-plotted-to-steal-slain-coal-execs-car/ He was the International Coal Group, Inc. (ICG) CEO (parent of Frasure Creek). Police say the shooters “were trying to steal his car”, but the car was never taken.. One of the shooters was extradited from Kenton County, Kentucky. May 26, 2016. This happened four months after the final settlement.

Frasure Creek was blatantly falsifying its water monitoring reports. They didn’t even bother to change the chemical analysis numbers. They simply changed the dates on the forms. This took place on Steve Beshear’s watch. The State Administration tried, at least on two occasions, to intervene and allow for “slap on the wrist” fines. The Kentucky Supreme Court ruled against these attempts. A negotiated settlement happened on the last day of Beshear’s Administration. Then entered Bevins who appointed cabinet secretary, Charles Snavely, who spent three decades climbing the corporate ladders at several major Central Appalachian coal companies, to protect communities and ecosystems from that industry. Snavely had worked for both Massey Energy and Arch Coal. In September 2010, he had been named the executive vice president of mining operations at ICG (the parent company of Frasure Creek). ICG was the company where 12 miners were killed in an explosion at ICG’s Sago Mine in West Virginia. Family members of the victims claimed the mine had violated safety regulations. In 2011, ICG settled a wrongful death suit.

Cemetery

Crime scene violence

Arrest https://www.wsaz.com/content/news/Body-found-in-Mingo-County-380554721.html

Fitzpatrick guilty in Hatfield slaying, deals for possible parole https://www.herald-dispatch.com/news/fitzpatrick-guilty-in-hatfield-slaying-deals-for-possible-parole/article_f3f3c962-dbcc-11e7-93ac-9b25f5e6d1d7.html

Slain coal exec Hatfield was a ‘complex individual https://www.wvgazettemail.com/news/legal_affairs/slain-coal-exec-hatfield-was-a-complex-individual/article_496f4a8c-3316-5aa2-931b-ac90f0a07fd1.html

Coal River Mountain, The Last Mountain. https://www.youtube.com/watch?v=S2x7yo11H6Y

Don Blankenship Cocaine Mitch political Ad https://www.youtube.com/watch?v=-pPYVm-PZYk

Blankenship’s sentence https://www.justice.gov/usao-sdwv/pr/blankenship-sentenced-year-federal-prison

Counties of Frasure Creek Mining Company Mines

Floyd, Big Sandy River Basin

Magoffin, Licking River Basin

Pike, Kentucky River Basin

Knott, Kentucky River Basin

Appalachian Voices Inc. outreach@appvoices.org

Appalachian Water Watch admin@appalachianwaterwatch.org

Waterkeeper Alliance Inc.   advocate@waterkeeper.org

Kentuckians For the Commonwealth Inc. Went through web page.

Kentucky Riverkeepers Inc. kentuckyriverkeeper@gmail.com

Mine Location Floyd County, Kentucky 37.465814, -82.678289

Runoff in Floyd County

Frasure Creek to

Mud Creek to

Levisa Fork to

The Big Sandy in Louisa, Kentucky

Kentucky Fish and Wildlife Levisa Fork https://fw.ky.gov/Education/Pages/Levisa-Fork.aspx

Coal River Mountain Watch is where the Elementary school is located that was featured in The Last River Film https://www.crmw.net/projects/marsh-fork-elementary.php

President at RNK Environmental, Inc. Riley Kinman, Fort Mitchell, Kentucky, United States

CHARLESTON, W.Va. - Two suspects in the fatal shooting of a former coal chief executive in southern West Virginia were planning to steal his vehicle, a prosecutor said Thursday.

The body of Bennett Hatfield, 59, was found Monday at a cemetery where he had been visiting his wife's gravesite near the Kentucky-West Virginia border the day before. His SUV was found nearby.

Anthony Arriaga, 20, of Delphos, Ohio, was arraigned on a first-degree murder charge Thursday in Mingo County Circuit Court. He was ordered held without bond pending a June 3 preliminary hearing.

Mingo County Prosecutor Teresa Maynard said that based on interviews with Arriaga and others, authorities believe Arriaga and Brandon Lee Fitzpatrick, 18, of Louisa, Kentucky, hatched a plot to steal a vehicle.

According to Maynard, the two saw Hatfield's SUV at the Mountain View Memory Gardens cemetery in Maher and Fitzpatrick dropped off Arriaga, who had a gun given to him by Fitzpatrick.

Maynard said the random shooting led authorities to believe that Arriaga had no connection to Hatfield.

"They were just driving by," Maynard told The Associated Press. "They wanted to hijack a car, they said. And that was just the nice one that they happened to drive by and see."

She said Fitzpatrick intended to get Hatfield's vehicle, but after Hatfield was shot, Fitzpatrick disappeared and left Hatfield's vehicle behind. Authorities believe Arriaga was the shooter.

Authorities still aren't sure why the two suspects were in the Williamson area, which is about 50 miles from Fitzpatrick's hometown. Maynard said authorities still have to interview Fitzpatrick, who is charged with first-degree murder and conspiracy and was being held in the Kenton County, Kentucky, jail pending extradition proceedings.

Maynard said Arriaga has no connections to southern West Virginia and came to the state because he was childhood friends with another co-defendant, Ricky Peterson, 20, of Wayne. It was through Peterson's friendship that Arriaga met Fitzpatrick, Maynard said.

Peterson is charged with being an accessory after the fact, obstructing and providing false information to an officer. Authorities said Peterson told a state trooper he had no knowledge about Arriaga or Hatfield's death, but two others at Peterson's residence told the trooper that Arriaga had been there and had spoken with Peterson.

Authorities believe Arriaga sneaked along a river bank next to the cemetery after the shooting on Sunday and asked some neighbors to take him to Wayne County, where Peterson lived. Mingo County Sheriff James Smith has said a man who drove Arriaga to Wayne County contacted authorities after hearing about Hatfield's death. A state police team helped track Arriaga to Wayne County and eventually into Ohio.

Arriaga's aunt, Yolanda Arriaga-Traylor of Gibsonburg, Ohio, told The Associated Press on Wednesday that the family is trying to make sense of the charge against her nephew.

"This isn't in Anthony's character to do this," she said. "Anthony has never been in trouble."

Hatfield resigned in 2015 as president and CEO of Patriot Coal, a month before the company filed for Chapter 11 bankruptcy protection for the second time. He was International Coal Group's CEO when a 2006 explosion at the Sago Mine in northern West Virginia killed 12 miners.

ECHO EPA https://echo.epa.gov/enforcement-case-report?activity_id=2200011507

Mine location Pyramid, Kentucky per EPA report

Audio account of Judge Phillip Sheperd https://www.wkyufm.org/politics/2016-09-06/meet-the-judge-deciding-the-scope-of-matt-bevins-power

Details of the Case https://archive.kftc.org/issues/clean-water-act-case-against-icg-and-frasure-creek-mining

Video of abandoned mine https://www.youtube.com/watch?v=16J5T1wCE8A?si=cnexTAC6hVvORzOU

Counter Argument Robert Stivers https://www.courier-journal.com/story/opinion/2023/11/15/kentucky-coal-better-solar-future/71474013007/

The Green Mile (tree planting) https://www.washingtonpost.com/graphics/2020/lifestyle/magazine/appalachia-kentucky-reforestation/

Creek Restoration https://www.arlingtonva.us/Government/Programs/Sustainability-and-Environment/Streams/Stream-Monitoring/Donaldson-Run Read this to understand the work needed for Dry Creek.

Agency working to restore mine sites https://www.osmre.gov/

Pittsburgh Botanic Garden https://www.youtube.com/channel/UC5ATXppBp6Ci3aQcXz1s91g/videos?app=desktop

Maria Gunnoe https://youtu.be/MkbJxVDG7dk?si=YDm7mgtc4Z4b7XRi

Coal use down https://ieefa.org/resources/coal-use-us-power-plants-continues-downward-spiral-full-impact-mines-be-felt-2024

Wolf Creek https://ertvideo.org/content.aspx?video_id=7351

Jack Spadaro a whistleblower who worked in natural resources and mining was one of the lead investigators that looked into the spill. He reported evidence that showed the administration and the engineers who were to be looking out for the best interests of people were aware of another spill in the same area from 1994 on, but they had never released the information to the public and had instead covered it up. Specifically, Spadaro argued that the Bush administration was covering up the Martin County spill. Spadaro complained that the new administration had given lucrative contracts for work at the National Mine Health and Safety Academy to friends, and that the MSHA was divided into 186 smaller contracts. The MSHA denied the accusations. On June 4, 2003, government agents began sifting through Spadaro's documents in his office. He was locked out and placed on involuntary administrative leave. Eventually the investigation was closed, and Spadaro's evidence was discarded.

One of the lead MSHA Inspectors assigned to the Martin County Sludge Spill was Jack Spa-dare-o . He was one of a few individuals who has direct connections with both the Buffalo Creek Disaster and the Martin County Sludge Spill. In 1972 Jack Spadaro had been one of the investigators called upon by Governor Arch Moore to investigate the Buffalo Creek Disaster and he still had vivid memories of the dead bodies being pulled from the mud. Here’s what happened when he went to file his report into the Martin County Sludge Spill.

https://jackspadaro.com/about

https://jackspadaro.com/

Chris Barton. He is a professor at UK and founder of Green Forest Works https://www.greenforestswork.org/

Thursday, Nov. 7th6 2013

Frustrated the U.S. Environmental Protection Agency (EPA) bypassed Kentucky and other major coal producers during its "listening session" tour on regulations for existing power plants, Senator McConnell, on Thursday, Nov. 7th6 2013, attended the EPA's listening session in Washington, D.C. and brought along a representative from James River Coal so that the EPA could hear the concerns of Kentucky coal miners and their families.

Buffalo Creek Disaster: On February 26, 1972, a coal slurry impoundment dam, in Logan County West Virgina, collapsed releasing a 15 foot wave and 132,000,000 gallons of black sludge and water upon the residents of 16 coal towns along the Buffalo Creek Hollow, killing 125, injuring 1,121 were injured, and over 4,000 were left homeless. 551 houses were destroyed, along with 30 businesses. The disaster destroyed or damaged homes in Saunders, Pardee, Lorado, Craneco, Lundale, Stowe, Crites, Latrobe, Robinette, Amherstdale, Becco, Fanco, Braeholm, Accoville, Crown and Kistler

The Martin County coal slurry spill was a mining accident that occurred after midnight on October 11, 2000, when the bottom of a coal slurry impoundment owned by Massey Energy in Martin County, Kentucky, broke into an abandoned underground mine below. The slurry came out of the mine openings, sending an estimated 306 million US gallons of slurry down two tributaries of the Tug Fork River. By morning, Wolf Creek was oozing with the black waste; on Coldwater Fork, a 10-foot-wide (3.0 m) stream became a 100-yard (91 m) expanse of thick slurry.

The spill, which contained arsenic and mercury, killed everything in the water.[2] It was over five feet deep in places and covered nearby residents' yards. The spill polluted hundreds of miles (200–300 mi or 300–500 km) of the Big Sandy River and its tributaries and the Ohio River. The water supply for over 27,000 residents was contaminated, and all aquatic life in Coldwater Fork and Wolf Creek was killed.

The spill was 30 times larger than the Exxon Valdez oil spill, spilling 12 million US gallons (45,000 cubic metres; 45 million litres). It was one of the worst environmental disasters ever in the southeastern United States, according to the United States Environmental Protection Agency (EPA).[3] The spill was exceeded in volume by the Kingston Fossil Plant coal fly ash slurry spill in 2008.

In 2001, the EPA ordered Massey Energy to clean up and restore the damaged areas of Martin County.[4] The EPA took measures to investigate this site and make restoration plans.[5] A decade later,[when?] there are still water quality issues in Martin County; people are still finding sludge and slurry in their surface waters, such as streams.[6]

2006 Marsh Fork Elementary was threatened on two fronts. One is the coal dam that overlooked the school.[2] If it were to fail it would result in 2.8 billion gallons of coal slurry crashing not only into the school, but also a 30 mile wide radius of the surrounding area. The second threat is a coal silo located only 150 feet away from the school that residents claim spews coal dust into the air. Parents of the children were concerned that their children were being exposed to the dust from the silo, with several parents having reported that their children were getting sick on a consistent basis after going to school.

Elaine Lan Chao (wife of Mitch McConnell)  (born March 26, 1953) is an American businesswoman and former government official who served as United States secretary of labor in the administration of George W. Bush from 2001 to 2009 and as United States secretary of transportation in the administration of Donald Trump from 2017 to 2021.

Narrative

In the recent Lost River Cave episode, I spoke about the citizens’ fight for clean water. I described the difference between River Coordinators, Friends Groups, Watch and Advocate Groups. In the second half of that episode, I used a brief clip associated with a lawsuit that led to the largest fine ever entered by the state of Kentucky for environmental violations against any company. However, the Kentucky administration could not be described as the diligent overseer in this situation. In fact, had it not been for citizen related activism and legal pursuit, it is questionable if the violations would have ever seen the light of day.

I’ll let Donna describe what was found.

Coal mines. Tree Huggers and God Charles Annenberg Weingarten Marsh Fork Elementary School

I'm trying to wrap my arms/mind around Charles Annenberg Weingarten and Marsh Fork Elementary School.  Massey caused the problem. Permits were issued to allow the pond to be built above the school. Massey needed to build another elevator. Massey Energy agreed to provide $1 million to replace the school. The Annenburge foundation pledged 2.6 million. The state School Building Authority allocated $2.6 million, and the county school board has pledged $1 million. Non-profit(s) kicked in 10,000. In other word; Massey created the problem, drained the funds from the local tax base, got credit for donating 1M, and got the site cleared for expansion. It's Charles Annenberg Weingarten I'm trying to figure out. Good guy? or Rich kid, outsider, playing to the locals? Perhaps both, but is/was he sincere? Is it a who cares, "Don't look a gift horse in the mouth" scenario? Further research indicated that he was sincere (based on reports form locals).

A watershed is a region of land that drains rainwater and snow melts into a specific body of water. From Cityscapes to farmland, mountains and forests to wetlands, watershed water moves downhill from the highest spots we can see and eventually flows into the ocean. Almost half of the land in the continental United States drains into the Mississippi River and moves downstream to the Gulf of Mexico. The moving water in this enormous area ties all living organisms together. We are all interconnected. What occurs in one area impacts every living creature that lies downstream.

The Upper Big Branch Mine disaster occurred on April 5, 2010 roughly 1,000 feet (300 m) underground in Raleigh County, West Virginia at Massey Energy's Upper Big Branch coal mine located in Montcoal. Twenty-nine out of thirty-one miners at the site were killed.[1] The coal dust explosion occurred at 3:27 pm.[2] The accident was the worst in the United States since 1970, when 38 miners were killed at Finley Coal Company's No. 15 and 16 mines in Hyden, Kentucky.[3][4][5] A state funded independent investigation later found Massey Energy directly responsible for the blast.[6]

The Sago Mine disaster was a coal mine explosion on January 2, 2006, at the Sago Mine in Sago, West Virginia, United States, near the Upshur County seat of Buckhannon. The blast and collapse trapped 13 miners for nearly two days; only one survived.[1] It was the worst mining disaster in the United States since the Jim Walter Resources Mine disaster in Alabama on September 23, 2001,[2][3] and the worst disaster in West Virginia since the 1968 Farmington Mine disaster. It was exceeded four years later by the Upper Big Branch Mine disaster, also a coal mine explosion in West Virginia, which killed 29 miners in April 2010.

Frustrated the U.S. Environmental Protection Agency (EPA) bypassed Kentucky and other major coal producers during its "listening session" tour on regulations for existing power plants, Senator McConnell, on Thursday, Nov. 7th, 2013 attended the EPA's listening session in Washington, D.C. and brought along a representative from James River Coal so that the EPA could hear the concerns of Kentucky coal miners and their families.

WET https://eec.ky.gov/Environmental-Protection/Water/Comp_Insp/Pages/Whole-Effluent-Toxicity-Testing.aspx Whole Effluent Toxicity Testing

Surface sources provide about 95 percent of the water used in Kentucky. About 3.5 million Kentuckians are served by surface- water sources, which include nearly 700 drinking-water systems.

The Geology of Coal  https://ket.pbslearningmedia.org/resource/watsol.sci.ess.water.geocoal/the-geology-of-coal/

Kentucky Coal Mine Map https://eppcgis.ky.gov/minemapping/

Coal production and sulfur content. http://www.coaleducation.org/ky_coal_facts/coal_resources/us_coal_reserves.htm

http://www.coaleducation.org/ky_coal_facts/coal_resources/ky_resources.htm#:~:text=The%20resources%20currently%20remaining%20after,billion%20tons%20in%20Eastern%20Kentucky.

Comment about water pollution due to mines. Big South Fork https://www.nps.gov/biso/learn/nature/fish.htm

https://www.fastcompany.com/91010056/the-zombie-coal-mines-of-kentucky-and-the-catastrophic-threat-they-pose

https://www.ucsusa.org/resources/coal-and-water-pollution#:~:text=Coal%20mining,-Mining%20operations%20can&text=The%20fundamental%20issue%20involves%20contamination,known%20as%20acid%20mine%20drainage.

https://www.aquasana.com/info/sludge-in-the-water-pd.html

Chemical methylcyclohexane methanol release into Elk River January 2014 https://www.facingsouth.org/2014/01/wv-water-contamination-exposes-chemical-hazards-of.html

Confined or Artesian Groundwater https://www.ngwa.org/what-is-groundwater/About-groundwater/confined-or-artesian-groundwater

Coal Cleaning  https://www.uky.edu/KGS/coal/coal-ky-info-estimate-tons.php

Coal Keeps the Lights on” https://www.youtube.com/watch?v=3cj2OQZHbNk

Coal slurry Impoundments, such as the one associated with the Buffalo Creek flood, often contains mine drainage and is use as a water source in the process of removing mineral impurities from the mined coal. Depending on the coal type, coal has a specific gravity between 1,29 and 1.47 and will sink in water. Therefore, petroleum products such as Kerosene and Diesel Fuel or powdered Magnetite are added to the water to change the density and allow the marketable coal to float to the surface and the impurities to settle to the bottom. For every 100 ton of material that enters the wash plant, 25 to 30 tons of unwanted and unsellable materials are separated. Coarse disposable material, known as “gob”, is often used as backfill at the property or adjacent mine sites. Finer material, still suspended in the water solution, is allowed to settle in slurry ponds. The water is recycled in the prep plant as long as the desired specific gravity can be maintained.

Still today, many of these Coal Slurry impoundments sit behind poorly constructed earth dams in the upper elevations of the mountains and above towns in the hollows and valleys below. One such dam, set directly above the Marsh Fork Elementary Schools. We listed 8 mayor impoundment failures that happened from 1977 to 1996.

For years, there was a debate regarding who, if anyone, had the jurisdiction to oversee the building and maintenance of these dams and water impoundments. and now many have been abandoned by the mining companies as the coal yield played out and/or the mining companies filed bankruptcy.

In addition to the Buffalo Creek Flood

On August 14, 1977, An embankment under construction failed at Island Creek Coal Company's impoundment in Boone County, West Virginia and released 6.8 acre-feet of material downstream.

On December 18, 1981, Eastover Mining Company's Hollow No. 3 combined refuse disposal site failed, releasing 25 million gallons of coal refuse and a 5 foot mudflow to into the community of Ages, Kentucky. One resident was killed, three houses were destroyed, 30 homes were damaged.

On April 8, 1987, a breach developed at Lower Big Branch impoundment at Peabody's Montcoal No. 7 complex in Raleigh County, West Virginia. The rupture released 23 million gallons of water, slurry, and fine coal refuse.

On January 28, 1994, a 5-foot earthen berm failed at a slurry impoundment at the Arkwright Mine in Granville, West Virginia. The incident released 375,000 gallons of water into the town of Granville. No one was injured, three homes were damaged.

On May 22, 1994, at the Martin County Coal Corporation's Big Hollow slurry impoundment in Davella, Kentucky, 32 million gallons of black water inundated an abandoned and sealed-off portion of the mine. The mine's 16-inch concrete-block seals held the black water inundating the mine, but water broke through portal seals and a coal seam outcrop barrier. Although the slurry level dropped by 6 feet, the embankment structure was not damaged, and no injuries or fatalities occurred.

On August 9, 1996, there was a breakthrough at Lone Mountain Processing’s Miller Cove slurry impoundment. Approximately 1 million gallons of black water were released into Gin Creek through an abandoned mine.

On October 24, 1996, a second breakthrough occurred at Lone Mountain Processing’s Miller Cove impoundment, but in another area of the abandoned mine. Approximately 6 million gallons of water and slurry exited the abandoned mine into Gin Creek and flowed 11 miles, where it entered the Powell River’s North Fork. The river was discolored for more than 40 miles.

On November 26, 1996, the Buchanan No.1 impoundment in Buchanan County, Virginia, failed. Coal refuse and slurry from the impoundment broke into an abandoned underground mine and discharged about 1,000 gallons per minute at its peak through two mine portals into the adjacent North Branch

Hollow of the Levisa Fork of the Big Sandy River. No one was killed or injured.

Listed are 8 major impoundment failures that occurred between the 1972 Buffalo Creek Flood and the 2000 Martin County Coal Flood. As noted, the EPA, MSHA, Governing Bodies, Coal Companies, Federal and State political leaders, and other Authorities Having Jurisdiction were, and are aware today, of these issues.   

On October 11, 2000, a coal waste impoundment of the Martin County Coal’s preparation plant near Inez, Kentucky, released slurry containing an estimated 250 million gallons of water and 31 million gallons of coal waste into local streams. Reportedly, the failure was caused by the collapse of the slurry pond into underground coal mine workings next to the impoundment. The slurry broke through an underground mine seal and discharged from mine entrances 2 miles apart into two different watersheds (Wolf Creek and Coldwater Fork).

Although no human life was lost, the release killed aquatic life along the Tug Fork of the Big Sandy River and its tributaries. Public water supplies were disrupted when communities along the rivers in both Kentucky and West Virginia. Numerous properties and residences were damaged.

Interviews and narration of the Martin County Coal Slurry Spill were segments from a ERTV Productions named “Martin County, Ky Coal Waste Spill”. The US EPA Environmental Response Team (ERT) is a specialized group of scientists and engineers whose mission is to:

Support the nation's response, cleanup and renewal of its contaminated land, water and air.

Provide high quality service and consultation to those requiring assistance around the world.

Promote the development of technology and procedures in relevant science and engineering areas.

Support the programs within the EPA's Office of Solid Waste and Emergency Response.

Disseminate relevant environmental information.

Directions to source information can be found in the video description.

Environmental Protest in Washington: https://www.youtube.com/live/OfmQILW3_As?si=vVzApelvSffsTU2I

Former Coal Mine in Martin County to become a solar energy facility. https://wchstv.com/news/local/former-coal-mine-in-martin-county-ky-to-become-a-solar-energy-facility

MSHA has approximately 1,640 dams in its dam inventory. More than 400 of them are currently classified as high hazard potential. https://www.msha.gov/safety-and-health/safety-and-health-materials/safety-topics/safety-topic-impoundments-and-dams

Currently there are approximately 596 coal waste Impoundments in 21 states. 114 of these happen to be in West Virginia and 138 in Kentucky. Of the ones in Kentucky 109 of the Impoundments contain coal slurry.

After the Martin County coal slurry spill, Congress directed MSHA to commission an independent study of the current coal waste disposal methods and an exploration of alternatives for future disposal of coal waste. In addition, Congress directed the study to examine the engineering standards for coal waste impoundments and recommend ways to improve the stabilization of impoundment structures.

The National Research Council (NRC) established the Committee on Coal Waste Impoundments to undertake this study. The committee consisted of 14 experts from academia, industry, and state government with expertise in coal mining, geology, geophysics, geochemistry, hydrology, mining regulations, environmental law, mining health and safety, land-use planning, and geotechnical and geological engineering. The report was released in 2002.

On page 127 of that report the NRC recommended monitoring ground and surface waters for two reasons, one was for water quality and the other was to establish as early detection system of breakthroughs and failures.  https://nap.nationalacademies.org/read/10212/chapter/8#127

To meet these recommendations, mining permits required coal companies to conduct water quality testing and report the results to the States environmental agencies, who would review the reports and inform the Federal EPA of any concerns. Well…heres what happened. 

Acid Mine Remediation https://ket.pbslearningmedia.org/resource/watsol.sci.ess.water.amdren/acid-mine-drainage-remediation/

Environmental Impact of Acid Mine Drainage

https://ket.pbslearningmedia.org/resource/watsol.sci.ess.water.envimp/environmental-impact-of-acid-mine-drainage/

Acid Mine Drainage https://youtu.be/x3eeZAkiBk0?si=5yvGpnZ4hLEnbOv5

Map of abandoned coal mines: https://skytruth-org.carto.com/viz/743a74d4-6e94-11e5-9f65-0ecfd53eb7d3/embed_map

Consol No 9 Farmington Mine Disaster

Blankenship National Press Club https://www.c-span.org/video/?294695-1/surface-coal-mining

This map depicts all 48,529 Priority 1, 2, and 3 abandoned coal mine sites listed in the enhanced Abandoned Mine Lands Inventory System (eAMLIS) database maintained by the Office of Surface Mining (OSM). This map excludes all mines specifically listed under non-coal programs (NCA, NCF, NH1, and NH2). Red depicts “Priority 1” and “Priority 2” sites which threaten the “health, safety and general welfare of public. Orange depicts “Priority 3” AML problems known to be impacting the environment.

Source: skytruth-org.carto.com

Mountaintop removal, a method of surface coal mining that devastates mountaintops and ridgelines, has significantly impacted the Appalachian region. Here are some key facts:

Total Area Affected:

Nearly 1.2 million acres of land have been surface-mined for coal in the Appalachian region.

Over 500 mountains have been destroyed due to mountaintop removal coal mining.

Process of Mountaintop Removal Coal Mining:

Clearing: Before mining begins, all topsoil and vegetation are removed. Often, trees are not used commercially and are instead burned or illegally dumped.

Blasting: To access deep coal seams, up to 600 feet or more of elevation is removed using explosives.

Digging: Enormous earth-moving machines called draglines remove coal and debris.

Dumping Waste: Toxic mining waste, known as “overburden” or “spoil,” is legally dumped into nearby valleys, burying headwater streams and causing pollution.

Processing: Coal must be chemically treated before shipping, creating coal slurry containing toxic heavy metals.

Reclamation: While reclamation efforts are required by law, economic development rarely occurs on the newly flattened land, and forest regeneration may take hundreds of years 1.

Geographic Impact:

Mountaintop removal primarily occurs in eastern Kentucky, southern West Virginia, southwestern Virginia, and eastern Tennessee.

Wise County, Virginia, for instance, has seen nearly 40% of its land area impacted by surface mining

Extracting rare earth metals from coal waste: https://www.psu.edu/news/research/story/mission-critical-get-critical-minerals-and-rare-earth-metals-coal-waste/

Coal Disaster WV creek teeming with fish https://www.bostonglobe.com/2022/02/26/nation/coal-disaster-50-years-later-wva-creek-teeming-with-fish/

“…Over McConnell’s career, his fifth-biggest source of campaign contributions was Peabody Energy, the largest coal company in the world. Between 1997 and 2000, when he led the National Republican Senatorial Committee, the coal industry gave $584,000 to the group, making it one of the group’s staunchest supporters.

And Massey (Coal)? It hadn’t given the NRSC anything. That is, not until 2002, when the investigation was still pending. That year, it cut a $100,000 check to the group…”

Source: ProPublica Alec MacGillis May 7, 2018

Additional source information

can be found in "Research Notes"

www.FishingLocalWaters.com

Source: Salon “Dirty Business” by Phillip Babich 10/13/2020 https://www.salon.com/2003/11/13/slurry_coverup/

It's Over! 630 Martin County residents settle coal sludge case; Kirk won't say amount: https://www.kirklawfirm.net/in-the-news/2014/august/its-over-630-martin-county-residents-settle-coal/

What is metallurgical coal and why is it so important to West Virginia? https://www.wboy.com/news/west-virginia/what-is-metallurgical-coal-and-why-is-it-so-important-to-west-virginia/

Sean McCracken

Coal Slurry Impoundments, Coal Country (#02 in Series)

According to MSHA, they have approximately 1,640 dams in its dam inventory. More than 400 of them are currently classified as high hazard potential. Our team identified the location of several of these dams. However, in keeping with Homeland Security concerns, we elected not to identify their locations in this video. We do feature two major flood events, the Buffalo Creek Disaster, and the Martin Co Coal Waste Spill. We list eight more floods and begin to explore the deep-rooted politics associated with Coal Country. Make sure you read the provided Editor Notes to obtain a more comprehensive understanding of the “political gamesmanship”. Additional source notes can be found in the “Research Notes” at www.FishingLocalWaters.com

We are creating a series called “Coal Country” for distribution on YouTube and associated with the long-term environmental impact of coal mining on the watershed. We are currently working on the third episode of the series.

In the first episode, we start at Leatherwood Ford in the Big South Fork River and Recreation Area. We introduce Justis S. Stearns and the history of the Stearns Coal and Lumber Company, in which Stearns, Kentucky is named. We explain Acid Mine Drainage, also known as Abandon Mine Drainage or AMD.   https://youtu.be/8bjyWxPjVgM

In the second episode we feature two major flood events, the Buffalo Creek Disaster, and the Martin Co Coal Waste Spill. We list eight more floods and begin to explore the deep-rooted politics associated with Coal Country. Make sure you read the provided Editor Notes to obtain a more comprehensive understanding of the “political gamesmanship”. https://youtu.be/axkwPLVSRME

We are working on the third episode and plan to feature the Frasure Creek lawsuit. This legal action was brought forth by the environmental organizations Waterkeeper Alliance and Appalachian Voices against Frasure Creek Mining and International Coal Group (ICG) on grounds of falsifying pollution discharge in their reports. This violated many key components of the Clean Water Act (CWA), which controls and regulates many types of pollution entering waterways. Ms. Potter’s opening to “Nothing but the Water (1)” would serve as great introduction, and perhaps the second half could be used in the closing.

We are seeking appropriate permission and/or conditions if permission can be obtained.

Massey Energy to Pay Largest Civil Penalty Ever for Water Permit Violations https://www.justice.gov/archive/opa/pr/2008/January/08_enrd_031.html

Alpha Natural Resources Inc. Settlement https://www.epa.gov/enforcement/alpha-natural-resources-inc-settlement Violations by State: https://www.epa.gov/sites/default/files/2014-03/documents/state-specificlistofviolations.pdf

Alpha Natural Resources filed for bankruptcy on Aug 3, 2015. Emerged from bankruptcy on July 26, 2016. Alpha Natural Resources merged with Contura Energy on April 20, 2018 and they changed there name to Alpha Metallurgical Resources Inc, on Feb 1, 2021. I’m guessing they never stopped to build those 200 M dollars’ worth of wastewater treatment systems. 

10/11/2000 Martin Co. Coal Slurry Spill

12/2000 EPA closes local office in Martin Co.

04/04/2004 Who is Jack Spadaro, “A Toxic Cover-Up?”

05/10/2007 EPA files complaint

The content of this email is intended for the person or entity to which it is addressed only. This email may contain confidential information. If you are not the person to whom this message is addressed, be aware that any use, reproduction, or distribution of this message is strictly prohibited. Addressees are also advised, and encouraged, to obtain verification via multiple independent and reliable sources before relying upon, using, and/or distributing enclosed information.

Eric Legg https://www.theguardian.com/world/2014/may/13/west-virginia-mine-history-safety-violations

Musical Mines https://www.propublica.org/article/west-virginia-coal-blackjewel-bankruptcy-pollution

The Kentucky Watershed coordinator who retired before the Frasure Creek Mine Lawsuit was Ted Withrow. He was a member of Kentuckians For The Commonwealth and served as the Big Sandy River basin coordinator for the Kentucky Division of Water1. The lawsuit involved environmental organizations Waterkeeper Alliance and Appalachian Voices suing Frasure Creek Mining and International Coal Group (ICG) for falsifying pollution discharge in their reports, which violated key components of the Clean Water Act2. If you’d like more details about the lawsuit, feel free to ask!

“Our state officials have turned a blind eye to what is obviously serious problem,” said Ted Withrow, a member of Kentuckians For The Commonwealth and retired Big Sandy River basin coordinator for the Kentucky Division of Water. “False reporting is widespread within the coal industry, but state regulators have little incentive to identify problems like these when there are false reports that make everything look great.”

https://www.facingsouth.org/2011/08/flaming-drinking-water-well-in-kentucky-illuminates-big-coals-abuses.html Flaming Drinking Water

Ted Withrow, Kentuckians For The Commonwealth

My name is Ted Withrow. I am a member of Kentuckians For The Commonwealth and a former employee of the Kentucky Division of Water where I was the Big Sandy Basin coordinator – an area where more than 90% of the streams have been impaired, mostly from coal mining.

I am satisfied with this agreement. Although we made some concessions on some points, we got what we needed to protect the people of eastern Kentucky. That was our goal going into this litigation and we believe we have a solid agreement that will help us improve the water quality in eastern Kentucky, assure better enforcement of the Clean Water Act and stop the blatant disregard for the people who live downstream from these mining operations.

To achieve this we insisted on three things in this settlement.  One a trustworthy 3rd party independent monitoring program, two strong stipulated penalties that punish future water quality violations and third a penalty award that must be spent in southeastern Kentucky where the violations occurred and on programs that will improve water quality.  The Cabinet wanted the civil penalty to go to The Kentucky Heritage Land Trust to buy land anywhere in Kentucky.

As Kentuckians, we all deserve safe water and we deserve to know what's in our water so that we can determine whether it's safe or not.  We uncovered the fact that neither the companies nor the cabinet knew what was really being discharged into Kentucky waterways. As a Kentuckian, I have a right to know that information.  This settlement will help ensure that we have access to that information.

We have an historic document here. The citizens of this commonwealth, henceforth shall have the right to intervene in cabinet enforcement actions taken to state court  an underlying principle of the Clean Water Act that we had previously been denied. This is huge.

It means that from here on out, no longer can the cabinet go behind closed doors  and conclude some negotiations with a coal company without the right of citizens to intervene, to open the door and shine the light on what’s going on. We have that right now. We didn’t have that right before. That’s huge.

Third-party monitoring is a very important part of this agreement. Third-party monitoring was necessary because the cabinet has shown it was either unwilling or unable to do this mandatory work. We hope that this will help begin to change the culture of non-enforcement that has existed for way too long in the Kentucky Energy and Environment Cabinet.

We know that to create a better future for eastern Kentucky we have to have water that is safe to drink and usable by a more diverse economy. We’re excited by the potential of this agreement for moving us in the right direction.

Tim Guilfoile https://archive.kftc.org/blog/epa-asked-rescind-kentucky-npdes-authority

Joe Manchin https://casten.house.gov/media/in-the-news/manchins-coal-corruption-so-much-worse-you-knew

Wilber Ross https://www.forbes.com/sites/forbesdigitalcovers/2019/12/23/best-stories-of-the-decade-the-case-of-wilbur-ross-phantom-2-billion/?sh=67eda2782bb9

https://appvoices.org/2016/12/05/trumps-pick-for-commerce-has-troubled-history-in-coal/

Billionaire Wilbur Ross appears before the Senate today for his confirmation hearing to join President-elect Donald Trump's cabinet as the next Secretary of Commerce. Worth an estimated $2.5 billion, Ross was one of Trump's earliest cabinet picks. If confirmed, he will replace fellow billionaire and Hyatt heiress Penny Pritzker in the job.

The 79-year-old distressed-asset investor has made a fortune striking deals in blue-collar industries. Here's a look at some of the moments that shaped one of Trump’s closest advisers.

• 1959: Graduates from Yale University. As an undergrad studying English literature, he considers becoming a fiction writer before taking a summer internship on Wall Street.

• 1961: Earns his M.B.A. from Harvard.

• 1976: Joins Rothschild Inc. as a bankruptcy specialist. Over the next 24 years he works to reorganize the likes of Texaco, Drexel Burnham Lambert, Public Service of New Hampshire, Eastern Air Lines and in 1991 Donald Trump's Atlantic City casino the Taj Mahal earning Ross the nickname the "king of bankruptcy."

• 1991: A year after Trump buys the Taj Mahal casino in April 1990, he struggles to make debt payments. Ross structures a deal forcing Trump to give up 50% of his stake while also allowing him to get better terms on the debt and maintain control of the casino. Trump told FORBES in a 1991 article, "I think (Ross) is very talented, a fantastic negotiator, and I think he represented the stockholders strongly, honestly and unbelievably competently." (Side note: Ross was supposed to be representing the interests of the bondholders, not the shareholders.)

• 1995: Ross marries second wife, Betsy McCaughey Ross, who becomes the New York State lieutenant governor that same year serving under Republican Governor George Pataki. (Trump reportedly attends their wedding.)

• 1997: Launches his own private equity fund at Rothschild.

• 2000: After purchasing control of the $200 million fund he managed at Rothschild and raising another $250 million from investors, founds his own private equity firm WL Ross & Co.

• 2002 and 2003: Forms International Steel Group, combining bankrupt LTV Corp., Acme Steel and Bethlehem Steel, the manufacturer of the steel that went into such massive structures as the Golden Gate Bridge. Though it's in effect for less than two years, Ross benefits from President George Bush's 30% tariff on imported steel implemented in March 2002; the price of domestic steel goes up 25% in that time.

• 2004: Sells International Steel Group for $4.5 billion to Indian billionaire Lakshmi Mittal, netting investors $260 million.

• 2004: Ross combines bankrupt Burlington Industries and Cone Mills, the leading supplier of Levi Strauss denim since the 19th century, to create International Textile Group. Ross benefits from a favorable tariff deal, this time for freer trade. As reported in a 2005 FORBES article, Ross lobbied for what became the Central American Free Trade Agreement, which cut 16 cents out of every dollar of apparel and textiles sent to the U.S.

• 2004 and 2005: Merges bankrupt Horizon Resources, Anker Coal Group and CoalQuest Development to create International Coal Group. ICG goes public, personally netting Ross $210 million.

• 2006: Sells his own WL Ross to investment firm Invesco for $375 million, but sticks around as chairman and chief strategy officer.

• 2011:  As coal nears $80, he sells International Coal Group to Arch Coal for $3.4 billion.

• 2016: Sells International Textile Group to fellow billionaire Tom Gores in October.

• 2016: Ross confirms that he's been appointed to be Commerce Secretary while appearing on CNBC's Squawk Box on Nov. 30. He had served as a policy adviser for Trump's economic team during the campaign.

 Jeff Hoops https://www.propublica.org/article/west-virginia-coal-blackjewel-bankruptcy-pollution

Wilbur Ross

Don Blakenship

Bennett Hatfield

Jeff Hoops

Shashi and Ravi Ruia

Mitch McConnell

Joe Manchin

Jack Spadaro

Maria Gunnoe

Julia “Judy” Bonds

Larry Gibson

Charles Annenberg Weingarten

Donna Lisenby

Judge Phillip Shepherd

J. Davitt McAteer

Wess Harris

Kris. My name is Jeff Kennedy. We have been researching the environmental impact of mining in “Coal Country”. We have released the first two episodes of a six (or more) series on YouTube (FishingLocalWaters.com). Maria Gunnoe has served as one of our research guides. It is our belief the introduction of the long wall machine (in the late 60’s) to WV mines, moved the process critical path to the prep plant and increased the mandates of positive pressure (air) and dust controls into the mines. Water and Air became critical path to the mining process. This would have led to the need to contain and/or rid the increased coal slurry. This led to the injections, your book details.

There is always someone(s) behind the chaos. We have been detailing and developing time lines for Don Blankenship, Ben Hatfield, Wilbur Ross, Mitch McConnell, Jeff Hoops, Joe Manchin, Shashi Ruia and Ravi Ruia.

Companies included in the research is:  Massey Energy, Alpha Natural Resources, Contura Energy, Alpha Metallurgical Resources, International Coal Group (IGC), Trinity Coal Corporation, Horizon Natural Resources, Arch Coal, The Essar Group, Frasure Creek Mining LLC, and Nally & Hamilton Group.

We are comparing the EPA and MSHA violations, lawsuits (including but not limited to Rawl Sales, and Frasure Creek) and Buffalo Creek, Sago, Upper Big Branch, Martin County Coal Slurry and Mingo County’s history of corruption. 

According to our research Don Blankenship reported to jail (in California) on May 12, 2016, and Ben Hatfield was shot 10 days later on May 22, 2016. This made us pause. However, on page 326 of your book you mention that Don was an honorary pallbearer at Ben's funeral. Note: I understand the honorary pallbearers often do not carry the casket. Maybe he obtained a release? This would be surprising. But Don going to jail, and Ben being shot within a 10-day period, came as a great surprise. Do you know for certain that Don was at Ben’s funeral?

We have reviewed the crime scene and accounts. It left it with several questions. Did your research add any additional light on Ben’s murder?     

Opening Narrative

In every watershed, the headwaters begin in the higher elevations of mountains and hills. The rainwater or snowmelt flows downward, feeding streams, creeks, storm systems, wetlands, confined and unconfined underground aquifers, rivers, and lakes. At each confluence these waterways converge and eventually enter the ocean, where with the help of the sun, it is gathered back into the clouds to return and repeat the process.

It truly is a fascinating, life sustaining, natural interconnected cycle of “what goes around, comes back around”.

In most of the Appalachia Coal Country, the headwaters start in the mountains and flow towards the Ohio River, which then feeds into the Mississippi River. These rivers were formed during the Ice Age and continue to greatly influence history and civilization.

These networks of waterways connect each and every one of us.  When the discharge rate of the Ohio River in Cincinnati is at 200,000 cfs, the water passing Pittsburgh will travel 470 miles and be in Cincinnati in 7 days. Water entering the Tug Fork River at Big Stone Ridge, West Virginia, at an elevation of 2,450 feet. will travel 188 miles and reach the Ohio River in Catlettsburg, Kentucky in two to five days.

The Ohio River Watershed is part of the Mississippi River Basin. Roughly 70 million people live in the Mississippi River Basin, which is about 27% of the US population.  It covers 1.15 million square miles across 31 states and two Canadian provinces. What happens in Coal Country, doesn’t stay in Coal Country.

Like the Greek Elements of Nature, Wind, Water, Earth & Fire, everything is interconnected. The wind creates the clouds to carry the rain, that nurtures the earth that grow vegetation, In Coal Country this vegetation died and was buried by nature to create coal. that in turn was used to kindle the fires. This buried resource lured man to tunnels and tears the earth open to obtain this power. In turn, nature inflicts a heavy toll upon all who dare expose what she has buried.  

And like all forms of power, coal attracts good and evil. Heros and villains and renders life and death

Do not think of Coal Country as being remote and disconnected. In places like Mingo and Boone County West Virginia, Pikeville, and Hazard Kentucky, the power buried deep within its veins runs directly to the State Capitals and on to New York and Washington DC. It transcends the ocean to cities like London, Beijing, and Mumbai, India.

Coal Country still fuels the world’s economic engines and therefore directly controls and is influenced by world events. Therefore, the richest and most powerful people in the world are often only one step removed from some of the nation’s poorest residents.

In this episode we will examine three recent local coal executives and the money men behind their dealings.  Each had their own unique business style. And each represented a different financial strategy. All three rose to great power and financial success. Along the way, men died in mine disasters, and long-term environment issues were created. All three faced mounting financial liabilities and stepped down from their executive roles, one filed bankruptcy, one went to prison and 10 days later one was murdered. New CEOs were assigned, and the cycle continued. So, it is in Coal Country.

The names of the companies often change, the equipment and mining means and methods may change, but the gain and the cost remain the same. In the world of finance, there is a term called “cost of goods sold” C O G S or cogs. Lower the “cost of goods sold” and you can increase “profits. Shifting the “cost associated with mining coal to someone else has been a long-term unspoked business strategy.

Unfortunately, this cost is often inflicted upon the innocent, the environment, the unknowing, the employees in need of a job, you the taxpayer, and upon those unable to defend themselves. The cost is always… literally… shifted downstream.

There are activists who have spent their lives fighting against the environmental impact created by coal companies. And on occasion, the stars and the moons align in their universe. But these victories are few and far between. Two such victories were the Rawl Sales and Processing lawsuit and the Frasure Creek lawsuit. But with each of their victories comes a stark reminder that the next morning will bring another battle and a shifting strategy. For men and CEO’s will be replaced, companies reformed, and coal will be run starting at 6:00 AM the next morning. Until an awaking occurs creating a political shift, a new (more attractive) power source becomes available, or nature decides she has had enough, this battle will continue to repeat itself over and over again.

Now…Coal can be mined safely and with less environmental impact. It is when the Federal EPA, MSHA and The Office of Surface Mining, Reclamation and Enforcement (OSMRE) and State based agencies are ignored and bypassed, that major safety issues and environmental impact occurs. These State and Federal agencies, however, are controlled by the budget and political appointees of the current administration. And therefore, they too can be as complicit as the coal companies themselves.

Welcome to Coal Country

In the late 1960’s the introduction of the long wall machine completely changed the workflow of the coal mine. Extracting coal was no longer the critical path within the workflow. The prep plants needed to be upgraded to stay up with the amount of coal being extracted by the long wall process. This increased the amount of coal slurry and it had to go somewhere.

The environmental damage and crimes being committed in Coal Country are not new, nor have they stopped. Every year, it is estimated that approximately 62, million tons of coal refuse is mixed with water, kerosene, diesel fuel, magnetite and/or ferrosilicon and added to the coal slurry inventory of years past. Over the years, billions of gallons have been injected into abandoned mines, with and without permits, dumped over hill sides, buried via other means, and/or stored in impoundments.

Massey’s Corporate Philosophy of “Customer First” would apply. Coal fired boiler operators refuse to pay for “weight that does not hit the grate”. Coal dust does not make it to the firing chambers. Nor do they want contaminates that will fill the bag houses or alarm the sensors in the stacks. They also want a product with a higher BTU. Therefore, using a flammable material such as diesel fuel or kerosene to establish a higher specific gravity to float coal in the separation process would also address customer’s specifications.

In every workflow there is a critical path that establishes the final throughput. Don Blankenship would have been in constant search to find and eliminate the current workflow and critical path. You gave several illustrations of this in your book (i.e. replacing the trucks with a conveyor belt). The longwall machine was to coal mining, what the Eli Whitney’s cotton gin was to cotton growers. When the longwall was introduced to WV and Ky in the late 1960’s and 1970’s it totally changed the workflow of the mine. Water is needed in the mine to “Run Coal” and at the “Prep Plants” to sort and prep coal. To me, “washing coal”, “wash plant” and/or “clean coal” are oxymorons. Water in the mines would be needed for dust control and to eliminate sparks from the diamond bits on the long wall machine. Note: clogged water heads on the long wall machine in the UBB mine was one of the elements that led to the UBB explosion. The long wall machine drastically increased the amount of coal coming from the mine. More coal, required more water for the prep plant to process the mined coal. This increase of sludge needed to be stored or disposed of in some fashion.

It is my belief that the abandoned mine that led to the Martin County Coal Slurry spill was already full of coal slurry before the impoundment break through. It was reported that bubbles had previously been seen in the impoundment.  Jack Spadaro may have a better insight on this issue.

After the Martin County Coal Slurry Spill congress wanted an independent report prepared. This report suggested that monitoring of the streams could/would serve as an early detection of coal slurry impoundment failures. And who do you think Ky and WV asked to do this monitoring? Why… the coal companies themselves. This led to the Frasure Creek Mine Co lawsuit which included ICG (Arch), Trinity (Essar) and Nally & Hamilton. Each had hired third party monitoring companies who were so blatantly incompetent that most believed it was with intent and collusion. The duplicated chemical reports and didn’t change the scientific readings. They only changed the dates. These reports were stored in a London, Ky office. I’m still trying to determine the bread crumb trail that led to their discovery. Judge Shephard oversaw this lawsuit that became caselaw and should be taken into consideration when discussion the Chevron Doctrine.

The Rawl Creek lawsuit settled in 2011 and involved Massey (Don Blankenship), the notice of intent to file the Frasure Creek started in 2010 and ended in Dec 2017. The fact that Massey wasn’t included came as a surprise. Unless they dropped the breadcrumbs. If so, you have the making of a series.

As you know Ben and Don started together at Massey. In fact, at one point Don was named President and Ben was VP of operations. Ben left for and went to El Paso Corp for a year and then to Arch Coal for two years. Wilbur Ross then recruited him to run the newly formed ICG (in 2005). ICG (Ben) suffered the Sago Mine Disaster and related communication disaster with the miner’s families, without much blow back from MSHA. In Don’s mind he would have believed this was due to the political influence of Wilbur Ross. Don who suffered the UBB disaster and the Rawl Lawsuit and hated outside influence, may have felt the system was a little “one sided” when the EPA and MSHA felt inclined to hold him responsible.

Regardless, running parallel to all these events is Jeff Hoops (Blackjewel and Trinity) and the Essar Group. This my friend is a story still unfolding and could be your third book in your series. And it would be full in internation intrigue involving individuals at the highest levels of government.

None of these events and/or characters functioned in a vacuum. They are interconnected as the timing of bankruptcies, the local steams, and the coal seams.

Thanks for taking time to respond. Look forward to our continual dialog.   

Joseph Albert "Jock" Yablonski was an American labor leader in the United Mine Workers in the 1950s and 1960s known for seeking reform in the union and better working conditions for miners. In 1969 he challenged Tony Boyle for the presidency of the international union and was defeated. He asked for a Department of Labor (DOL) investigation, charging a fraudulent election. In addition, Yablonski filed lawsuit against the UMWA on five different charges related to fraud. On New Year's Eve 1969, Yablonski, his wife, and 25-year-old daughter were murdered, fatally shot at home by three gunmen found to have been hired on orders of Tony Boyle.

A total of seven persons were convicted of murder and conspiracy to commit murder; two of the assassins were sentenced to death for first-degree murder. DOL completed its investigation, aided by the FBI, and won a suit to overturn the 1969 election by 1972. A new election was held in December of that year and a reform candidate elected, defeating Boyle. Boyle was indicted in 1973 for the three Yablonski murders; he was convicted in 1974 and received three life sentences.

In 1983, the Federal Bureau of Investigation recorded several wire tapped conversations of Ralph Scopo extorting money from contractors.  Scopo was the president of the Cement and Concrete Workers District Council of the Laborers' International Union of North America from 1977 to April 1985.  During this time, Scopo used his position to extort money from cement contractors in New York in return for large construction contracts and labor peace. Contracts between $2 million and $15 million were reserved for a club of contractors called the "Concrete Club", which were selected by The Commission. In return, the contractors gave a two-percent kickback of the contract value to The Commission.

It was at this time that I entered the construction industry (1977) and Don (1982) and Ben (1979) entered the mining industry. We were all very aware of the deep-rooted corruption associated with the affiliated unions. Therefore, I completely understand their reluctancy to allow their influence and control within their mines. It wasn’t a safety, or cost issue, as often indicated by union organizers and/or members. I, too fought against the unions for years. Not once was it for cost savings or safety.  

Interesting enough it was Rudy Giuliani who led the 1980s federal prosecution of New York City mafia bosses as U.S. Attorney for the Southern District of New York. This prosecution laid bare the corruption and the mob connections that ran throughout many of the union organizations. I knew several union company owners of the “old coalition” who were “scared shitless”, not knowing how deep the investigations would go.

Yes, I’m surprised and disappointed in Rudy Giuliani . He and Don Blankenship are in search of relevance. In a sense, I’m doing the same. I hope my path leads more towards the light and justice.  There is always a back story to every character.   

In Cincinnati the union electrical contractors would meet for breakfast (in Covington) and decide which projects they would target, and which company would be the winning contractor. It became known as the "breakfast club". The building is still there, as is the restaurant. Kelly's was/is a pub and grill located on the ground floor of the Radisson Hotel in Covington, Ky. It's the same hotel that hosts the top-level, rotating restaurant called Three Sixty.

July 7, 2010, the Citizen Plaintiffs gave notice of their intent to sue Frasure Creek and another coal mining company pursuant to the citizen suit provision in section 505 of the federal Water Pollution Control Act Amendments of 1972. In an attempt to intervene, the Commonwealth brought a lawsuit against the Judge;  Commonwealth of Kentucky, Energy and Environment Cabinet, Appellant, v. Honorable Phillip J. SHEPHERD, Judge, Franklin Circuit Court. 

In sum, the trial court's ordinary authority to permit sufficiently interested parties to intervene in a suit properly before it has not been preempted here, at least not completely, by federal law. On the contrary, federal law encourages the states to permit interested citizens to intervene and be heard in state court enforcement proceedings under the state analogs of the federal environmental protection statutes.

Jeff Hoops started his career in the Mining Engineering Department in 1975. Ben Hatfield started at AT Massey in 1979, and Don Blankenship joined AT Massey Rawl Sales in 1982. We selected these three coal executives because our research led us to believe each were successful using completely different business strategies and philosophies.

Being a coal executive in the Appalachian Mountains means you are going to quickly make friends and enemies. Building a big house on the hill is only going to intensify the opinions of those living in the valleys below. In towns where everyone knows each other, and jobs are hard to come by, hiring and firing friends, and kin, will get tricky. As is dealing with the union influence on your workforce.  

Now many believe these coal executives were anti-union to enable the companies to bypass safety measures and pay lower wages to their employees. Most do not remember the curruption within the unions.

We elected to review the recent careers of coal executive Don Blankenship, Ben Hatfield and Jeff Hoops because their careers give a glimpse into the last 50 years of Coal Country , Each used a different business model that needs to be understood to grasp the complexity and the business challenges of running coal.  

At the start, or just before the start of their careers, four major events shaped the industry’s current business environment.   

1)      Early on the morning of November 20, 1968, an explosion occurred at the Consol No. 9 mine in Farmington, WV. Of the 99 miners underground, 78 perished while 21 survived the explosion and escaped to the surface. The Farmington, WV explosion led to the passage of the Federal Coal Mine Health and Safety Act of 1969. In 1977, Congress passed the Federal Mine Health and Safety Act of 1977, which combined the 1969 Act and the Mine Safety and Health Administration (MSHA) - was created.   

2)      The Dec 31, 1969, murder of Joseph "Jock" Yablonski, and his wife and daughter. Jock Yablonski ran against Boyle in the 1969 election for the leadership of the UMW. He accused Boyle of corruption and misuse of union funds, he also pushing for greater voting rights for rank-and-file members. On December 9, 1969, Boyle won the election, but Yablonski asked the U.S. Labor Department to investigate the election for possible fraud. At that point, Boyle sought to have Yablonski killed. Eventually, an investigation into the murders exposed the conspiracy and nine people were convicted for their involvement, including Tony Boyle, who died in prison. Fortunately, the scandal prompted serious reform of the UMW union. 

3)      The introduction of the long wall machine in the late 60s, early 70s. Longwall mining is a fast and mechanized method of coal mining where a large “wall” of coal is mined with a high-powered cutting system and the coal is transported out of the mine through a network of conveyors. This completely changed how coal was being mined underground, increased production and the amount of coal slurry produced.  

4)      On the morning of February 26, 1972, the failure of three coal slurry dams let loose a tidal wave of destruction upon the Buffalo Creek hollow in Logan county, West Virginia. More than 130 million gallons of dark floodwaters tore through more than a dozen communities in the hollow. By the day’s end, hundreds of homes and vehicles were destroyed, thousands were left homeless, and 125 men, women, and children were dead. The flood, known as the Buffalo Creek disaster, is considered one of the worst disasters in both American and West Virginia’s history. This disaster empowered the newly formed EPA.

 here was little doubt, the introduction of the longwall mining machine into the Appalachia Coal Mines in the late 1960s and early 1970s was going to completely change how coal was mined. However, three additional events during this period would have equal impact.  

Early on the morning of November 20, 1968, an explosion occurred at the Consol No. 9 mine in Farmington, WV. Of the 99 miners underground, 78 perished while 21 survived the explosion and escaped to the surface. A group of 8 men made their way to the new air shaft and were retrieved by a construction bucket. Two of these men agreed to be interviewed by NIOSH.

The Farmington, WV explosion led to the passage of the Federal Coal Mine Health and Safety Act of 1969. In 1977, Congress combined the 1969 Act with the Federal Mine Health and Safety Act of 1977, and the Mine Safety and Health Administration (MSHA) - was created, creating a new “Authority Having Jurisdiction” in the Coal Fields.

At the same time the United Mine Workers Union was in disarray. The threat of the longwall mining machine replacing miners was obvious. William Anthony "Tough Tony" Boyle, had been the long-term enforcer for John L Lewis, and was named the President of the UMW in Jan of 1963.

On December 9, 1969, Boyle was up for reelection and was challenged by Jock Yablonski, who accused Boyle of corruption and misuse of union funds, he also pushing for greater voting rights for rank-and-file members. Boyle supposedly won the election and

Yablonski asked the U.S. Labor Department to investigate the election for possible fraud. At that point, Boyle put a hit out on Yablonski

The Dec 31, 1969, Joseph "Jock" Yablonski, and his wife and daughter were killed in their home in Clarksville, Pennsylvania.

A few hours after Yablonski's funeral, several of the miners who had supported his campaign met in the basement of the church where the memorial service was held. They met with attorney Joseph Rauh and drew up plans to establish a reform caucus within the United Mine Workers.

The day after the bodies of the Yablonskis were discovered, 20,000 miners in West Virginia walked off the job in a one-day strike, protesting against Boyle’s leadership, who they believed was responsible for the murders.

Eventually, an investigation into the murders exposed the conspiracy and nine people were convicted for their involvement, including Tony Boyle, who died in prison.

This explosion led to the passage of the Federal Coal Mine Health and Safety Act of 1969. In 1977, Congress passed the Federal Mine Health and Safety Act of 1977, which combined the 1969 Act and the Mine Safety and Health Administration (MSHA) - was created. 

 To understand the last 50 years of the politics, business strategies, and environmental impacts associated with Coal Country, we must go back to a five-year period between 1968 and 1972. Four major events occurred during this period that rocked and shaped the industry for the last 50 years and for years to come. 

Coal Age https://www.coalage.com/features/100-years-with-coal-age/10/

These events led to a significant increase in production and environmental impact, led to the creation of MSHA, empowered a young EPA, gave birth to environmental activism, and changed ownership and labor relations. 

Closing Narrative

In Episode # 2 of Our Coal Country Series, we discuss. in detail. The Buffalo Creek Disaster and how coal slurry is formed. If you want more details, we would love to have you watch this episode  

Like the River Basins, everything in space and time is interconnected. The four events, detailed in today’s episode did not take place in a vacuum, Decision made that day at the Consol No 9 mine, directly impact decisions made in Washinton and directly led to the Creation of MSHA in 1978. Thus, establishing a new Authority Having Jurisdiction in Coal Country.

The EPA was newly formed on Dec 2, 1970. The decision for a coal company to build a dam on top of a coal slurry sediment, instead of on solid bedrock, led to the Buffalo Creek Disaster in 1972. Lives were lost and the put the EPA on notice of the serious problems in Coal Country. This also stimulated Community Activism and Coal County began to rise up and push back against the coal companies who seemed to have little regard and/or concern regarding the surrounding communities. 

New equipment, like the Longwall Machine, was available to increase production and meet the rising demand for coal. But this equipment was also going to increase the production of coal slurry and environmental impacts.

New players, new equipment, new labor relations, environmental Activism, and a heightened demand for coal was going to create new opportunities and challenges.

Jeff Hoops joined the industry in 1975, Ben Hatfield joined AT Massey in 1979 and Don Blankenship joined AT Massey in 1982.  And one of the first things they needed to do was deal with the billions of gallons of coal slurry being produced. Sometime after the Buffalo Creek Disaster the coal industry collectively started injecting coal slurry sludge into abandoned underground mines. Most of these injections were done with little or no oversight. Many were unaware of the environmental impact, and many just saw it as a solution to a production problem and implemented a “it’s better to ask for forgiveness, than to ask for permission” strategy.

Because limited records were kept, we can only reverse engineer into the volume-based tons of coal produced.  Since 1970, more than two billion tons of coal have come from the central Appalachian coalfields, each ton requires a minimum of 50 gallons of fresh water per ton, which is 100 billion gallons of fresh water added into the coal slurry mix and sludge,

That is full of heavy metal, rare earth minerals, and products like kerosene and diesel fuel that is used to change the density, It is now sitting on the surface leaking into streams and/or injected into abandoned mines and leaking into underground aquifer. But remember everything is connected and these mountains and mines feed the head waters of the rivers flowing past your home. Really? you ask. Yes, because everything in nature is interconnected.

One event set the stage for a democracy movement within the united coal miner’s union

Like every watershed, "it's all interconnected". In this episode we journey to the site of the 1972 Buffalo Creek Disaster and meet with survivors and other community members who have worked hard to restore Buffalo Creek to a beautiful mountain stream. We also deep dive into 4 major events, that took place in a five-year period from 1968 – 1972. These events completely changed the coal mining industry and set the stage for the entrance and introduction of three “local boys” who would become industrial giants and household names in “Coal Country”.  

I just got back from Man, West Virginia with enough film footage to complete the third episode in the Coal Country series.

Man, WV is located at the foot of the mountain where the Buffalo Creek Coal Slurry Flood occurred in 1972 and 125 individuals lost their lives. The resulting flood unleashed approximately 132 million US gallons of black sludge, cresting over 30 feet, upon the residents of 16 coal towns along Buffalo Creek Hollow.

In the episode, Eddie Adkins and I are seen sitting at a picnic table discussing the flood and the work of the local watershed group. The location of this table would have been directly under the deepest part of the sludge. Eddie and several other good friends founded the Buffalo Creek Watershed Association several years ago and have worked relentlessly to restore this mountain stream. Most are/were retired coal miners.

In this episode we discuss four major events that took place in a five-year period that completely changed Coal Country and set the stage for epic battles between rising coal executives (and companies) and environmental activists.

No matter your views, or what side you position yourself, we must remember; “It’s All Interconnected”. We all drink from the same water source.

I hope you enjoy this episode of FishingLocalWaters.com