PSD members rip DEP for alleged lax enforcement of blasting laws

By Matthew Hill

OAK HILL, WV — Denouncing what they describe as “unprecedented,” Page-Kincaid Public Service District members this week ripped the state Department of Environmental Protection for alleged lax enforcement of blasting laws and a mining company for “incompetence.”

The group has also called on DEP Secretary Stephanie Timmermeyer to launch an internal investigation into her Office of Explosives and Blasting regarding its oversight of Ground Vibration Consultants and Frasure Creek Mining’s proposed mine-related blasting in the Page-Kincaid area.

John David, Kenneth Fox and J.A. Kincaid Jr. initially sent an Aug. 2 letter to Timmermeyer faulting several elements of the notice sent out by Fairlawn, Va.-based Ground Vibration Consultants on behalf of the mining company and asking DEP to withdraw the company’s permit to blast.

In response to the complaints, DEP officials requested the consulting firm dispatch a corrected notice that addressed the concerns of PSD members. After agreeing with the PSD that the second notice was still incorrect, DEP has now asked the company for a third blasting notification.

“I think it’s unprecedented. We’re a little miffed and find it a bit disrespectful that DEP has paid people to look at what goes out,” David declared.

“I think it’s a sad commentary on the firm, on the consultant and on DEP. No one is watching and catching it. We are deeply concerned that DEP doesn’t seem to have adequate personnel there to watch what is going on. It shouldn’t be up to us to catch all these errors. At least the post offices are doing wonderful business right now.”

How, David asked, can Frasure Creek Mining be trusted with explosives, inspections, regulations and worker safety requirements if it cannot be relied upon to compose an accurate blasting notification?

In the letter, PSD members also ask for an emergency moratorium on mining activity.

“If they can’t get this right, what can they get right?” David queried.

A public information specialist with DEP said the agency is looking into the matter and will respond to the assertions in the near future.

David L. Vande Linde, acting chief of the Office of Explosives and Blasting, attempted to address David’s concerns in an Aug. 18 letter. While some complaints were rectified — such as giving residents the option of making a collect call to the consultant — Vande Linde did not see eye to eye with the PSD on other matters.

“The Page-Kincaid (PSD) serves 2,000 people over a gigantic regional water system in western Fayette County from two deep wells located within a half-mile of the blast area,” members claimed on Aug. 2.

“The well area has been legally designated as a Well Head Protection Area.”

Members stressed the impact of the blasts could damage the wells, which are the area’s sole source of water, and noted that failure to prevent the explosions would contradict DEP’s motto of promoting a healthy environment. They also demanded to know when the blasting would begin and end.

Vande Linde responded that a pre-blast survey letter is not required to provide a blasting timeline. Furthermore, for underground mines, a company is not compelled to publish in the newspaper if they provide those within a half-mile with the blasting information at least 24 hours notice prior to the activity.

— E-mail: mhill@register-herald.com