Dysart LUP appeal main hearing postponed
Exemption hearing scheduled Feb. 2 in Columbus

Feb. 2 hearing
    The main Lands Unsuitable Petition (LUP) hearing that was scheduled for Feburary 7 has been postponed so that a request by Ohio Valley Coal Company to be excluded from the LUP process can be heard.  That pre-hearing is scheduled Feb. 2 in Columbus at the Ohio Department of Natural Resources building complex at 1855 Fountain Square Court, off Morris Road just east of Northland shopping center.

Feb. 8 Public Hearing
Meanwhile, OVCC has applied for 5 permits to expand their waste facility to dump waste coal that they plan to dig from under the watershed of Dysart Woods.  The proposal is to completely destroy more than a mile of stream tributary just a thousand feet from Captina Creek, which is rated an exceptional warmwater habitat by the OEPA.  But OVCC did not wait for the permits!  They instead illegally bulldozed without a permit and were issued three notices of violation by the Ohio Environmental Protection Agency and two notices of violation by the Ohio Division of Mines and Reclamation.

The Ohio EPA held a public hearing May 6 of this year (see the transcript of the hearing that was posted September 2 in latest news).  But the mitigation plan that OVCC is required to have to meet Clean Water Act laws was not ready for the public to review before the May 6 meeting.  Dysart Defenders requested that OEPA hold another hearing, and followed this up with letters, meetings and phone calls requesting another public hearing.

Even though they were issued notices of violation, the OEPA has not issued any punative damages and does not plan any, according to OEPA spokesperson Kevin Johnson.

Now the OEPA has scheduled the public hearing for Feb. 8 at the Belmont Technical College Red Room in St. Clairsville at 6:30 p.m.; 120 Fox Shannin Place.  Everyone attending will have the opportunity to speak.  Please read up on this issue and attend the public hearing.

How Dysart Defenders got the second public hearing