Ohio Environmental Protection Agency spokesperson Kevin Johnson said Tuesday that Ohio Valley Coal Company had begun filling a 93-acre valley and stream before receiving the required permits that they would need to destroy the valley. 

  "We are in the process of drafting a Notice of Violation that orders Ohio Valley Coal Company to cease and desist all activity immediately," said Johnson May 4.  

 "Anytime that any work is done to waters of the state without a 401 permit is called a 401 violation.  It has not been approved yet so they have violated the law," Johnson said.  He added that the OEPA is current investigating what actions it will take and that they will notify the Army Corps of Engineers about the violation.

 A public hearing this Thursday will address three pending permits by Ohio Valley Coal Company (OVCC) to dump 258 feet of refuse that they plan to mine from underneath Dysart Woods onto a 93-acre valley that is now "untouched." (OEPA, 5-3-99).

 The Ohio Environmental Protection Agency (OEPA) is currently reviewing the permits and is holding the public hearing at 6:30 p.m. in the Red Room at the Belmont Technical College in St. Clairsville.
 One of the permits is to amend OVCC's current pollution discharge permit to allow for an additional 77,000 gallons per day of polluted water to be dumped into Captina Creek.  Another permit is to fill a 93 acre valley with 258 feet of polluted waste coal.  The third permit is to destroy a pristine stream and relocate it into a lifeless ditch.

 The valley OVCC wants to fill is forested, pristine and untouched according to an Environmental Protection Agency permit manager Monday.  OVCC has a 420 acre polluted coal slurry and a massive coal pile nearby.  But the valley to be filled is a pristine headwater stream divided by ridges from the existing OVCC destruction.  The OEPA permit manager expressed concern that the coal company was wanting to "destroy" such a pristine valley.

 According to OVCC's OEPA permit application, the coal company anticipates a 100 percent impact to aquatic life habitat, wildlife habitat, all species of plants and animals and overall aquatic community structure and function in Perkins Run and two tributary streams of Perkins Run.  Perkins Run is a perennial tributary to Captina Creek.  The pollution discharge flows less than 1,000 feet before entering Captina Creek  "OVCC admits their mining would entirely devastate all life in three streams.

 Captina Creek is among the rare creeks in Ohio that is designated as "exceptional warmwater habitat," the highest OEPA ranking. According to the OEPA, it would be illegal for OVCC's activities to cause a lowering of the water quality ranking for Captina Creek.  This permit clearly violates the Clean Water Act and Ohio Environmental Protection Agency rules by illegally polluting the rare ‘exceptional' streams that we have left in our state.

 Refuse for the valley fill would come from mining operations of OVCC's Powhatan No. 6 mine that is fast approaching the virgin forest.  OVCC has pending permit D-0360-9 to mine directly underneath Dysart Woods, the waste refuse of which would be dumped in the 93 acre valley.  "The bulk of what OVCC mines is burned.  The massive scale of this valley fill shows the enormity of the impact mining has to the land, and to Dysart Woods if we let the State permit it.  OVCC has no conscience.  They are working to mine under the last ancient forest of its type and dump the refuse into one of the last exceptionally clean streams left in Ohio.  Dysart Woods is a National Natural Landmark: is anything sacred today?

 Please try to attend the public hearing to give voice to Dysart Woods, which is in imminent threat by pending permits by Ohio Valley Coal Company to mine directly underneath the last ancient forest left in southeast Ohio.  OVCC wants to fill a 93-acre valley with 258 feet of polluted coal refuse that they want to dig from under Dysart Woods.  This is a needed permit for their mining expansion under the ancient forest.  It is critical that citizens take action if we are to save these 400+ year old trees.
          
 Dysart Defenders will be walking from Dysart Woods to Columbus, 117 miles from June 15 to 21.  Walkers and donations are needed.  Readers can call Chad Kister (phone # above) or write to "Dysart Defenders," P.O. Box 31, Athens OH 45701.  Checks can be made to "Dysart Defenders."