Massey Energy got one coal silo near Marsh Fork Elementary School built before activists and the press noticed the silo site wasn’t within the permit boundary shown in company maps.
After yesterday’s state Supreme Court arguments over the coal silo Massey Energy wants to build next to Marsh Fork Elementary School in Raleigh County, an alert Coal Tattoo reader suggested I look at the front page of a typical Department of Environmental Protection Mining permit.
It just so happened that I had the original permit for the Goals Coal complex at Sundial. So I looked at it, specifically at the “boilerplate” that describes the terms of the permit … and boy, was it interesting.
Remember that the issue in the case is whether mine maps submitted by the company are what legally describes the permit boundary. If so, then Massey can’t build this silo..
And right there is is on the permit:
As a condition of this permit, all surface mining and reclamation operations shall be conducted as described in and in compliance with the complete application and only on those lands specifically designated on the map(s) submitted.
Wonder what the Supreme Court’s going to do …