A lawsuit claims that improper surface mining practices worsened flooding that caused widespread damage in Middlesboro in June 2011.
The lawsuit charges that mining near the city by several companies disrupted the natural drainage system, increasing the amount and speed of water that ran off mined areas during heavy rainfall.
The lawsuit says the companies had been cited numerous times before the flood for alleged violations such as failing to keep vegetation on mined areas and failing to keep runoff control ponds cleaned out, which would have reduced their holding capacity during a storm.
Prestonsburg attorney Mr Ned Pillersdorf, who along with Mr J Warren Keller, an attorney in London, filed the lawsuit for 49 residents of Middlesboro, said that "To me, it was a ticking time bomb."
The lawsuit said that the lawsuit lists nine companies as defendants. The companies had mining operations in the Yellow Creek, Stony Fork Creek and Stevenson Creek watersheds.
The companies are:
1. Apollo Fuels
2. Bell County Coal
3. Strata Mining
4. Twin Star Coal
5. C&L Highwall Mining Partnership
6. LC&C Energy
7. T&T Energy
8. Stony Fork Mining
9. Tackett Creek Mining
Attempts to contact some of the companies were unsuccessful, but the owner of one said the flooding happened because of torrential rainfall and the topography of Middlesboro, not because of improper mining or reclamation. The city lies in a crater surrounded by hills.
Mr Ray Collett, a partner in C&L Highwall Mining, said that "When it rains 10 inches in a place like this, you're going to have flooding, whether you have mining or not."
Mr Collett said state authorities regularly inspect coal mines, and companies have to fix problems that the inspectors cite.
The lawsuit said companies listed in the lawsuit had fixed some of the violations cited before the June 20th 2011 flooding, but some remained unabated.
The complaint is the latest of several large lawsuits in recent years claiming that surface mining practices have caused or contributed to flooding and resulting damage in Eastern Kentucky.
It may be recalled that flooding hit several areas in Eastern Kentucky after storms early on June 20th 2011 reportedly dumped 6 inches or more of rain within a few hours in some spots. The floods caused one death and millions of dollars in damage to homes, vehicles and public infrastructure.
Mr Paul Wilson, emergency management director for the county, said that in Bell County, high waters damaged at least 370 homes. The damage ranged from minor to total. One of Pillersdorf's clients, for instance, lost his home and is living in a tool shed.
(Sourced from www.kentucky.com)
