Frustration Mounts at DEP Meeting Over Mine Expansion and Water Crisis

PINEVILLE, W.Va. (WOAY) – Tension filled the Casteel Event Center on Wednesday evening as the West Virginia Department of Environmental Protection (WVDEP) held an informal conference to address a proposed permit revision for Brooks Run South Mining, LLC. The mine is located in Wyoming County, the center of an ongoing water crisis, and the permit aims to expand operations and potentially increase mining discharges into already contaminated streams that feed public drinking water sources.

“The basic tenet of the revision is they’re adding approximately 23 to 2400 acres. So we set up an informal conference here for folks to come and ask questions, and hopefully give their comments if they have any,” said Terry Fletcher, Chief Communications Officer for the WVDEP.

Format Sparks Frustration

The permit revision, listed as U301512 revision #4, proposes to expand underground mining by more than 2,300 acres in the Pocahontas No. 3 seam. The affected area would discharge into unnamed tributaries of Shop Branch, Wolf Pen Branch, Indian Creek, and Big Branch, all of which feed into the Guyandotte River, a major source of local drinking water.

The room was filled with concerned residents, many of whom had brought documentation, photos, and water test results. Residents hoped to get answers directly from officials, but many left with more questions than they came with.

“It’s disappointing. I really thought that this was going to be an open discussion for them to explain what’s happening and for us to voice concerns, but that’s not what today is,” Wendy Ziliak said.

The meeting was set up in stations, each hosting different engineers, inspectors, and geologists to address residents. Many felt the station format split up the group intentionally and prevented a unified voice from getting answers.

Residents were sent around in stations where different DEP members were in place to address concerns.

“Well, it’s not what we thought it was going to be. We thought we would be able to have a discussion, but it’s not,” Richard Altizer said.

“We really want trustworthy answers. It’s time that we, you know, we want the truth to be revealed about what has gone on, what’s going on, any kind of problems that can be remedied, and so we’re waiting for that,” Margaret Shields, a Brenton resident, said.

“I think the folks here were a little shocked at the format because they don’t actually have a public discussion. They kind of take you off to a table, and you can make your statement. I’ve done that many times, I’ve seen that happen, and they’ve checked that box,” Maury Johnson said.

“Often these meetings don’t amount to a whole lot. It’s the public pressure. It’s the phone calls. This is step one in our defense and the people’s defense. But now other people have to call and write and do everything we can to make sure that they don’t allow them to pollute this water for further,” Maury said.

Residents were shuffled around from station to station, and each time a question was asked that couldn’t be answered, a reference was given.

“The first person I talked to said, ‘I’m just the geologist, I’ll have to refer you to this table,’ and then they had to go find a clean water person, who’s not available. So they took my email. Maybe I’ll hear something tomorrow, maybe I won’t,” Ziliak said.

With few answers offered during the meeting, WVDEP spokesperson Terry Fletcher was asked directly about the agency’s ongoing lack of communication.

WVDEP Addresses Recent Silence

After weeks of unanswered emails and follow-ups, Newswatch reporter Danny Delanty asked Terry Fletcher, the only WVDEP member permitted to speak with WOAY, why the agency had ignored the station’s questions and requests for comments. Fletcher acknowledged the silence and explained that the agency’s communications are limited by legal and regulatory constraints.

Terry Fletcher, Chief Communications Officer for the WVDEP, on why he did not respond to the request for comment or clarification over 8 weeks ago despite multiple follow-ups.

“As a regulatory agency, you know, we have to be mindful of when and how we can release information. Especially as it relates to ongoing investigations, ongoing enforcement actions, pending litigation, and things of that nature. So, while we do try to answer as many questions as we can in real time, there are, there are times when we just cannot release that information for various reasons,” Fletcher said.

Fletcher also went on to say that they do not ignore emails from concerned citizens, and that they take these matters very seriously.

“I’m not aware of any folks that have reached out and haven’t heard from us. I, we strive to respond to every complaint and concern that we get from citizens… We’ve been handling the situation very seriously from the beginning, and we’re going to continue to do that,” Fletcher said.

Yet residents still feel left without answers.

“Explain to us why, why the lies? Why the cover-ups?” Brenton resident, April Harper, said.

“Be transparent, and protect your people. It’s not all about corporations, just help us,” Ziliak said.

“I want to know about the water. What are they going to do to prevent the contamination any further?” Ziliak said.

Ongoing Concerns

Records show a pattern of local mines exceeding permitted discharge limits, and in some cases, failing to submit required Discharge Monitoring Reports altogether. Despite this, the WVDEP maintains that its review process is rigorous and designed to protect public health and the environment.

“This goes through a very rigorous review by DEP staff. And we do our best to ensure that there’s not to be any detrimental impacts to, you know, the environment for this activity,” Terry Fletcher said.

A recent study published in the International Journal Risk Analysis showed Wyoming County, West Virginia, had the most water quality violations in the state. Now, residents are calling upon each other to keep advocating for access to safe, clean drinking water.

“They don’t protect us. We protect us, and by banding together, we have to stand together to protect ourselves,” Maury Johnson said.

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