CullmanTimes.com - Cullman, Alabama

April 22, 2010

‘No’

Nearly 200 residents voice opposition to Smith Lake strip mining plan

By Trent Moore
The Cullman Times

HANCEVILLE — With only one word, Smith Lake resident Ivan Hall drew a standing ovation from nearly 200 people Thursday night at an informal public hearing to discuss a permit request to mine coal at Brushy Pond.

That word? No.

“I am not interested and I don’t know why they don’t understand the word ‘No,’” Hall said, as the crowd began to cheer. “My farm is a cattle farm, not a coal farm. It just happens to have coal under it.”

More than 30 residents from around the lake spoke at the meeting — held on Earth Day — and expressed their opposition to a mining permit from National Coal of Alabama. The permit is currently pending with the Alabama Surface Mining Commission.

A major concern noted by the crowd at the hearing, hosted at Wallace State in the Betty Leeth Haynes Theatre, was a reported history of environmental non-compliance by National Coal of Alabama.

Black Warrior River Keeper Nelson Brooke said his group conducted an independent survey of available Alabama Department of Environmental Management and Environmental Protection Agency information on the company, which returned “shocking” results.

“National Coal of Alabama has operated seven other mines in Alabama and they are significantly out of compliance with ADEM’s discharge requirements,” he said. “We found that they have been out of compliance more than 9,000 times. That should be taken very seriously.”

Stop Smith Lake Strip Mining representative Eddie Hand took those concerns even further, expressing his dissatisfaction with ADEM and the mining commission’s regulatory procedures.

“Safety issues aren’t considered in the permit application and I guess they weren’t considered in West Virginia, either,” Hand said, in reference to a recent mine explosion that killed 29 workers. “We don’t want mining because we can’t trust the surface mining commission and ADEM to do their jobs. We want the surface mining commission to clean up the mess made before [in past area mines], not come out and mine us again.”

If runoff from a potential mine is not properly regulated, Smith Lake Environmental Preservation Committee Chairman Deb Berry said water quality could become degraded at the lake. According to an ADEM permit request for proposed discharges, storm water runoff from a potential mine could end up in the Coon Creek, Ryan Creek and Alder Branch tributaries.

“Smith Lake has a retention time of 435 days, so any pollutants would be there for more than a year and a half,” she said. “That lake is used for drinking water, as well as for recreation and swimming.”

Many residents were also concerned about the supposedly incomplete nature of National Coal’s permit request.

Approximately 50 landowners are listed in the permit with leases pending, while only two landowners have actually signed contracts to allow mining on their property.

Pam Thomas, of Bremen, said she does not believe the permit should be approved because the vast majority of residents are vocally opposed to it.

“It seems like 96 percent of the landowners are against this mine,” she said. “I feel like listing those names on the permit request is fraudulent.”

With numerous aspects of the permit request still unknown, Crane Hill resident Thomas Miller questioned how the ASMC could even adequately consider it.

“How can anyone render a decision on this incomplete application?” he asked.

Marie Livingston, of Bremen, added that lake residents should continue to oppose the mine even if the permit is approved.

“If the other 49 property owners don’t sign on, then they will have no property to mine, anyway,” she said.

Robert Allen, with the Alabama Surface Mining Commission, said his agency is still waiting to have questions answered by National Coal before a decision can be made.

“Many of our discrepancy letters have not been answered and we could have further questions [for National Coal of Alabama],” he said. “I don’t think a decision will be made on this anytime soon.”

If a mine does eventually come to fruition, Bremen resident Marie Livingston said she is worried about increased traffic on local roads. Approximately 14 county roads could be affected by potential coal mine traffic, including County Road 222.

“I don’t want my grandchildren on the school bus with coal trucks running up and down the roads,” she said.

Lake resident Jimmy Taylor, who had previously worked hauling coal, agreed that coal trucks can make the roads more dangerous.

“If you’re running 80 trucks up and down the road, I know how they drive,” he said. “You have to hustle balls to the wall [to make deliveries] ... It’s dangerous.”

Jeff Whitlock, of Bremen, said he is afraid a potential mine would ruin the peaceful atmosphere of the lake.

The people in this community care and we don’t want this,” he said. “We are taxpayers and should be given the right to defend our property. Just give us our respect.”

Though the meeting was tense at times, there was one moment of levity towards the end of the comments period.

“Is there anyone here to speak in favor of the mine?” ASMC representative Allen asked the nearly 200 lake residents.

The question brought on a roar of laughter from the crowd.

Attempts to reach a representative from National Coal of Alabama were unsuccessful by press time.



* Trent Moore can be reached by e-mail at trentm@cullmantimes.com, or by telephone at 734-2131, ext. 225.



* Trent Moore can be reached by e-mail at trentm@cullmantimes.com, or by telephone at 734-2131, ext. 225.