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Poverty & the Environment: A Grist Special Series
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The Legend of Weepy HollowAn excerpt from Missing Mountains, a new book about mountaintop-removal mining16 Feb 2006
Missing Mountains, Wind Publications, 220 pgs., 2005.
The following is Moore's account of battling the company to reimburse Burke for his $2,000 home; it's excerpted from an essay in the book Missing Mountains: We Went to the Mountaintop but It Wasn't There, a collection of writings by 35 Kentuckians fighting against mountaintop-removal mining. Perversely, I was excited to learn that Premier Elkhorn Coal Company had violated the law. Surface mining operations may not encroach within 300 feet of an occupied dwelling; Granville Lee Burke's house sat just below the company's sediment pond, within that forbidden radius. Finally, here was an open-and-shut case, one that would require no technical experts to win. We would simply notify the state agency that the company was violating the law, and then sit back and let it do its enforcement work. Case closed, problem solved.
Introduction to the series.
How environmentalism got its elitist tinge.
Photos of Louisiana towns battered by Katrina.
A look at the poultry farms ravaging the South.
How coal mining has scarred the hills of Appalachia.
A virtual walking tour of the polluted South Bronx.
More stories on poverty & the environment.
Unwittingly or not, Granville Sr. had waived his right to the 300-foot protection. But his son, Granville Lee, had not, and I sent another letter to the agency pointing this out and again requesting immediate enforcement action. Recognizing the potential confusion of having two Granville Burkes owning property side-by-side, I sent the agency a copy of the 1995 deed showing when Granville Sr. and his wife Debra had sold Granville Lee his house, which the parents had lived in before moving next door. I also sent the agency a map of the hollow with both of the Burke properties marked on it. Surely, I thought, this will get things moving. Weeks passed. Nothing happened. By mid-October, I was irritated. I called the agency to speak with the person reviewing Granville Lee's complaint to inquire about its status. The reply: "We don't think Granville Lee really lives in his house, and as you know, the regulation requires that the dwelling be 'occupied.'" I was dumbfounded. "Why in the world," I asked, working hard to keep my voice from getting shrill, "would you not believe that Granville Lee lives in the house that he owns?" Related Stories
Moving Mountains
Mountaintop-removal mining is devastating Appalachia, but residents are fighting back We Live It Every Day
Portraits and words of people on the front line in Appalachian fight against destructive mining practices. Again, I did my best not to raise my voice, even though my blood pressure was beginning to thump in my ears. I calmly informed him that the Burkes were far from wealthy and that they shared a telephone line for financial reasons. I then explained to him that the houses in Chopping Branch were mere feet apart and that sharing a phone with a relative next door was hardly unreasonable. "Besides," I said, "why would Granville Lee have bought the house if he didn't intend to live in it?" The agency employee snorted. "Look, I've bought and sold lots of houses that I never lived in." He went on, "And anyway, what took him so long to complain about this? That pond has been there for years." This time my voice did get a little louder, my tone a little hotter. "Because he didn't know until a couple of months ago that the law, at least in theory, provided him with protection to keep the mining at least 300 feet from his house. He's not a lawyer, you know. He doesn't have the surface mine laws committed to memory." "Well, let's face it, Ms. Moore," he responded, "your clients aren't exactly the sharpest knives in the drawer." The conversation ended there. A Kentucky native, Amanda Moore is a former staff attorney with the Appalachian Citizens Law Center in Prestonsburg, Ky. She now cares for her infant son and is an adjunct lecturer at Morehead State University. |
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