WEST VIRGINIA (WOAY) – Nearly a year after state inspectors cited violations at a former mine dam, the West Virginia Department of Environmental Protection (WVDEP) has ordered Lexington Coal Company to show cause why a key permit should not be suspended or revoked.
In related permitting matters on Coal River Mountain, WVDEP has “unissued” a permit renewal after acknowledging a missed citizen objection and has scheduled a site visit, and Lexington Coal has requested renewal of the undisturbed Twilight South permit (S502808).
“This permit is important to Lexington because we still have mineable coal there,” said Vernon Haltom, executive director of Coal River Mountain Watch. “We don’t want to see what has happened on the previous permits to continue on this one.”
At a Glance: Three Active Situations
- Show Cause on U001383 (Lower Big Branch)
- WVDEP issued a Show Cause No. 2411 on Aug.18, 2025, for permit U001383. Lexington Coal responded on Aug.26, requesting a hearing. The permit is already suspended from a prior show-cause action. CRMW is pressing for a full revocation, citing a pattern of non-compliance and more than $3 million in unpaid fines.
2. Center Contour Renewal (S300316)
- After CRMW’s objection (filed Oct.22, 2024), WVDEP permitting manager acknowledged an “oversight,” said the renewal for Permit S300316, operated by Republic Energy, will be “unissued,” and committed to a site visit and informal conference. The site visit is scheduled for Tuesday, Sept.23, at 9 a.m.
3. Twilight South Permit Renewal (S502808)
- Lexington Coal Company seeks a renewal of an undisturbed tract inside the Twilight Complex on the Raleigh-Boone County border. CRMW argues a renewal is not in the interest of the public, given the company’s history of violations and delinquent fines.
Background
On Oct.16, 2024, WVDEP issued NOV 91 (failure to remove excess vegetation from the impoundment face for close visual inspection) and NOV 92 (failure to maintain sediment control structures) for permit U001383. On Jan. 14, 2025, the agency issued CO 93 and CO 94 for failure to abate those NOVs. On Aug.18, 2025, WVDEP determined a “pattern of violations” on Permit U001383 under Section 17, Article 3, Chapter 22, and ordered Lexington Coal to show cause within 30 days why the permit should not be suspended or revoked.
In an email, Vernon Haltom wrote, “In most cases, coal companies can request a consent order, but the hearing is Lexington’s only option since they’re so delinquent.”
“I would like the DEP to answer some questions for me so I can be more informed. This information helps the people become more informed about what’s there, what’s been done, and what’s going to happen,” Haltom said.
1. Show Cause Order (U001383)
Permit: U001383, Lower Big Branch
Facility: Sludge dam that was later used as a sediment pond
Concerns: Repeated violations, delinquent penalties, and dam safety issues documented in inspections across 2024 and 2025
Potential outcomes: Continued suspension, full revocation, and possible bond forfeiture, or WVDEP can lift the suspension if Lexington abates violations; show cause hearing can be cancelled if Lexington abates violations.
Advocates argue the permit’s construction, elevation, proximity to homes and roads, and the site’s management history warrant revocation rather than another round of suspended status.
“There are a number of permits that they should be revoking, including some we saw today. They’ve had plenty of time to fix their violations and pay their fines. They’ve had plenty of time to comply, yet they’re still operating, still violating,” Haltom said.
2. Center Contour Permit Renewal (S300316)
CRMW objected on Oct.22, 2024, to the renewal of the Center Contour site on Coal River Mountain, Permit S300316, operated by Republic Energy, a subsidiary of Alpha Metallurgical Resources. On Aug.27, 2025, the WVDEP approved the renewal despite CRMW’s objection. On Aug.28, 2025, WVDEP acknowledged an “oversight,” said the renewal would be unissued, and scheduled a site visit and an informal conference.
“Apparently, there was an oversight, and your comment was missed. We will unissue the renewal application and will be contacting you to schedule the site visit and informal conference,” the WVDEP wrote to CRMW in an email.
The site visit is scheduled for Tuesday, Sept.23, at 9 a.m.
3. Twilight South Permit Renewal (S502808)
Lexington Coal Company is seeking to renew its Twilight South permit inside the larger Twilight Complex on the Raleigh-Boone County border. The tract is currently undisturbed and sits next to heavily disturbed areas with chronic violations and delinquent fines.
“It is adjacent, however, to a very disturbed permit, one that has bunches of violations and a lot of fines, and the whole complex is that way,” Haltom said. “There are so many violations that have gone uncorrected, and Lexington has well over $3 million in delinquent penalties. It’s been over a year since they made their required first payment of a settlement agreement with the DEP, but that’s all they’ve made.”
The online informal conference is scheduled for Sept.30, 2025. The conference can be accessed at the following link: https://meet.google.com/etu-zkfp-ogh
“One of the things about this particular permit is it’s 1900 acres, and that’s a big one. It’s over three square miles, an area, and it has 56 million tons of coal with it,” Haltom said.
A Timeline of Violations and Enforcement Gaps
Aug.30, 2024 – WVDEP inspection notes dam deficiencies (per CRMW complaint).
Oct.14, 2024 – CRMW files a complaint urging DEP to issue violations based on the inspection checklist.
Oct.16, 2024 – DEP issues NOV 91 and NOV 92.
Dec.16, 2024 – DEP assesses civil penalties for NOV 91 and 92.
Jan.14, 2025 – DEP upgrades NOVs to CO 93 and CO 94 for failure to act.
Mar.4, 2025 – DEP assesses $22,500 for each cessation order.
Spring 2025 – Follow-up inspections find unresolved conditions; additional NOV 95 (May 9) and NOV 96 (June 24) are issued, with penalty assessments in July.
Aug.18, 2025 – DEP issues Show Cause No. 2411 for U001383.
Sept.8, 2025 – DEP modifies NOV 95 to CO 97.
Sept.11, 2025 – DEP modifies NOV 96 to CO 98
CRMW also documents that the WVDEP missed the 60-day decision deadline after the Oct.22, 2024, show cause hearing on a related matter, with a determination not issued until Mar.27, 2025. The original violation, NOV 81/CO 88, was first cited on Dec.8, 2023, yet CRMW says the violation still continues unabated.
WVDEP’s Position on Lexington Coal
In a written response to WOAY, WVDEP said the agency has taken multiple enforcement actions against Lexington Coal Company, including notices of violation, civil penalties, cessation orders, and the suspension of more than 10 permits.
The full statement reads:
“WVDEP has taken multiple enforcement actions against Lexington Coal Company, including issuing notices of violation, assessing penalties, ordering cessation of operations, and suspending more than 10 permits, effectively prohibiting new mining or major permit changes until violations are corrected and penalties are paid. The WVDEP continues to use regulatory tools available for ensuring compliance and collecting outstanding penalties; this includes entering “permit-blocks” into OSMRE’s Applicant Violator System that prevents LCC from obtaining new permits or significant revisions to its existing permits in any state.”
Separately, DEP counsel has objected to parts of CRMW’s participation due to procedure requirements, arguing that non-attorneys cannot represent an organization in a show cause proceeding and that “hearsay” should not be admitted outside a hearing. CRMW has requested intervenor status in the current show cause and has submitted detailed comments for the record.
“If any person wishes to offer testimony or other evidence on any matter, that person must do so through the appropriate channels, ordinarily by providing that evidence and/or testimony in a hearing. An email which is neither attested to nor subject to cross-examination should not be considered,” the WVDEP wrote in an email.
“I’ll again request intervenor status as an individual and present my stack of evidence at the hearing,” Haltom said.
Reporting Note: WVDEP personnel led a site visit, requested by CRMW, to the Twilight South Permit, but did not allow a tour of active mining areas or any photo or video while inside the permit boundary. When we asked if WVDEP members could take photo or video to supplement, they said no.
Citizen Watchdogs at the Center: What CRMW Did
The record shows CRMW’s actions repeatedly forced movement:
Triggered citations: After CRMW’s Oct.14, 2024, complaint that cited the agency’s own inspection checklist, DEP issued NOVs two days later.
Pressed deadlines: When DEP exceeded the 60-day rule on a show cause decision from late 2024, CRMW pursued the transcript and the overdue determination through FOIA and follow-up requests.
Escalated oversight: After months without resolution, CRMW took the case to OSMRE, asserting inadequate state enforcement.
Tracked penalties: CRMW has documented delinquent fines and additional penalties as the case escalated through 2025.
Intervened again: On Sept.12, 2025, CRMW requested intervenor status in Show Cause 2411 and urged DEP to revoke U001383 and initiate bond forfeiture.
“About a fourth of the complaints that we make result in a violation, and some of the violations that the DEP has already found continue unabated. We find those patterns of violations and try to get the DEP to do what they’re supposed to do,” Haltom said.
The Money: Payment Plans and Delinquent Fines
Documents reviewed by Newswatch state that Lexington Coal entered a May 17, 2024, payment agreement with DEP for $2,997,067.50, with an initial payment on June 15, 2024, and monthly installments to follow.
The agreement was amended on Sept.17, 2024, to a total of $3,182,510.00, with higher monthly payments. According to emails between CRMW and the WVDEP, Lexington made only the initial June 2024 payment and has not paid since, while additional penalty demands have been issued across 2025.
Lexington now owes over $3 million, alongside new demands on individual NOVs and COs tied to U001383.
“Seeing very little change and very little improvement can be very frustrating, but we’re in it for the long haul. We’ve been doing this for a long time, and sometimes the success doesn’t always make itself readily visible,” Haltom said.
WVDEP says it has “permit-blocked” the company in the federal system to prevent new permits or major revisions until violations are corrected and penalties are paid. Advocates say that suspension and blocking have not compelled actual fixes on the ground.
“They’re still blowing up the mountains, still polluting the streams. They’re still polluting the air that people breathe and driving up rates of cancer, heart disease, lung disease, birth defects, all of those things that come with living near mountaintop removal,” Haltom said.
What Comes Next
Lexington’s response: Lexington Coal responded on Aug.26, requesting a hearing.
Hearing: DEP will set a hearing after the response window closes.
Participation: CRMW has requested intervenor status and submitted comments urging revocation and bond forfeiture.
Why It Matters
Communities living near legacy mine sites are counting on timely enforcement to manage safety risks and water and air quality.
This case shows how citizen groups can compel action through formal complaints, hearing participation, and document requests.
Contaminated water has plagued the region for many years. By looking at industrial impacts, we can start to understand why the region is experiencing the health impacts residents are currently dealing with.
“I’ve had friends and family die of the cancers and heart disease that are so common living near mountaintop removal. My predecessor, Judy Bonds, died in January of 2011, and that was heartbreaking for so many of us,” Haltom said.
How We Reported This
During a WVDEP site visit to Lexington Coal’s Twilight South permit, cameras were restricted, and the agency did not permit a tour of active mining areas, a shock to CRMW members. To independently document conditions, Newswatch reporter Danny Delanty joined a nearly 3-hour flight in a four-seat aircraft the following day.
“One of the things about this particular permit is it’s 1900 acres, and that’s a big one. It’s over three square miles, and it has 56 million tons of coal with it,” Haltom said.
From the air, Newswatch observed active blasting, the undisturbed permit renewal area, and the adjacent Brushy Fork Sludge Dam. CRMW staff facilitated the flyover, which they say is routinely used to verify compliance and detect violations.
Related Documents Reviewed by Newswatch
U001383_file0001_1453Reader’s Note:
Thank you for taking the time to follow this reporting. This report draws on WVDEP records, correspondence, and on-the-ground and aerial reporting. If you spot an error or have additional records, contact news@woay.com with “Coal River” in the subject line.
