WYOMING COUNTY, W.Va. (WOAY) – Over two years after contaminated water flooded Jamie Christians’ yard and drained into Indian Creek and sparked a two-year legal battle surrounding water and open mine shafts near the former Pinnacle Mining Complex, the West Virginia Department of Environmental Protection (WVDEP) has dismissed its civil case without prejudice and says it is moving into reclamation.
WVDEP revoked the mining permit, took control of the site, and is now shifting responsibility for cleanup to the Office of Special Reclamation.
The WVDEP states that nearly $3.4 million will fund the work, with funds coming from Pinnacle and related settlements. The agency says the cleanup will be paid with forfeited bonds, civil penalties, and a coal tonnage tax attributed to the company and affiliates, not general taxpayer revenue.
Residents on the ground, however, have not seen much change. “As far as it being dismissed, well, I guess the state owns it now, don’t they? We’re still depressed. We’re still smelling the same old smell, staying sick off of it,” Jamie Christian said.
Why Now?
After a legal battle that lasted more than two years, the civil case over unsealed mine shafts and contaminated water was dismissed, leaving many residents asking: Why now?
“When it became clear that Pinnacle would not act and the case was stalled, the agency initiated the permit revocation process… Because WVDEP collected all available funds from the responsible party, the civil case was dismissed without prejudice, allowing the agency to focus on reclamation rather than legal proceedings,” said Terry Fletcher, Chief Communications Officer for the WVDEP.
Richard Altizer is a resident who has been fighting for clean water access in Wyoming County for over two years,
“I heard mine reclamation is coming in, but we don’t understand why they didn’t do that two and a half years ago,” Altizer said.
The WVDEP says that permit revocation is not their first option, and to get there, is often a lengthy process.
“The WVDEP’s goal is to exhaust every avenue so that the party that caused environmental issues and violations is responsible for cleaning them up. Permit suspension or revocation is an extensive process that requires substantial documentation, administrative hearings, and, potentially, court involvement,” Fletcher said.
WVDEP Position
In a written response to NewsWatch, the WVDEP outlined a plan to do the following:
- Fill and seal the open mine shafts
- Limit access to abandoned facilities with temporary measures such as fencing, signage, and welded closures
- Safely manage mine pool discharges through controlled, permitted outlets
- Monitor permitted outlets for compliance with water quality standards
The reclamation draws from over $3 million and will be spearheaded by the WVDEP’s Office of Special Reclamation.
“This [permit revocation] process secured $1.476 million in bond forfeiture. The WVDEP also reached a settlement of other cases involving a Pinnacle affiliate and its bankruptcy Plan Administrator, which secured an additional $1.9 million for reclamation and water treatment,” Fletcher said.
Fletcher explained that everything is ready for reclamation; the department just needs someone to do the work.
“The WVDEP recently executed all the necessary right-of-entry agreements and is preparing the competitive bidding process for filling and sealing the shafts,” Fletcher said.
The WVDEP stated that the flow at Outlet 118, outside the Christian residence where the litigation stems from, meets regulations.
“The flow from the artesian well near the Christian residence has significantly decreased. The recent discharge monitoring reports for outlet 118 show compliance with water quality standards,” Fletcher said.
When NewsWatch was at the confluence of outlet 118 and Indian Creek on September 20th, we saw large bacterial mats, confirmed to be sulfate-reducing bacteria, growing into Indian Creek. We smelled a nauseating rotten egg smell, and saw hay bales previously described as sediment filters, that had washed downstream.
What the law says
West Virginia’s water standards include a narrative rule that bans certain conditions in any state waters if they impair uses like recreation, aquatic life, or aesthetics.
“When you walk by, it looks like somebody dumped aluminum all over the rocks, and halfway down the creek. The sulfuric acid smell is a chemical smell that will give you headaches [and] cause nausea,” Altizer said.
Even if a facility’s numeric limits in its discharge monitoring reports (DMRs) are within range, the narrative rule can still be violated if what is seen and smelled in the stream impairs uses or aesthetics.
Why Indian Creek matters
Outlet 118 discharges into Indian Creek, a designated critical habitat for the endangered Guyandotte River Crayfish. When federal permits or federal funding are involved in actions that may affect that habitat, agencies must avoid adverse modification and conduct additional review under the Endangered Species Act.
Indian Creek eventually flows into the Guyandotte River, which is used as the drinking water supply for the local area.
Wyoming County Water Crisis
WOAY first reported from the Christian residence in late 2024, while a two-year legal battle played out between the state and multiple coal companies. The case was dismissed without prejudice after the state took over the permit and secured available funds, allowing the agency to shift to cleanup rather than litigation.
The Pinnacle site is headed towards reclamation with a plan spearheaded by the Office of Special Reclamation for the WVDEP. WOAY has documented similar discharges all throughout the county, in places such as Lynco, Kopperston, Wolf Pen, New Richmond, Fort Branch, and many other locations.
This is the only site with active reclamation plans.
For the water warriors such as Altizer and Christian, this ends when the creeks are safe and the water is clean.
“I want the creeks to run clear. I want people’s wells to be fixed and water put down Indian Creek, and water put down Brenton. That’s what I want,” Altizer said.
Until then, he and others will keep watch.
