Take action to shut down illegal coal-hauling through the Monongahela National Forest and Gauley River headwaters!

Gauley River, West Virginia | Micah Bates

The Gauley River is a lifeline running through the heart of West Virginia. Every year, the Gauley’s status as a world-famous whitewater destination, and the abundant public land and outdoor recreation opportunities across the watershed, keep hundreds of millions of dollars flowing into the state’s outdoor economy. Countless local businesses depend on tourism from the lower Gauley all the way up to the headwaters that form within the Monongahela National Forest. Hunters and anglers depend on the river system supporting abundant fish and wildlife. Local communities take pride in their pristine waterways.

Unfortunately, water pollution caused by the South Fork Coal Company poses serious threats to the Cherry River—one of the Gauley’s primary upper tributaries. The company has released heavy metals and sediment– exceeding legal limits by up to 900 percent – into the Cherry River on at least 80 documented occasions since 2019. In addition, the company is trucking over 100,000 tons of coal annually from Rocky Run Surface Mine across the Monongahela National Forest — an action that plainly violates federal law. The more than 1,100-acre Rocky Run mine — and the pollution it discharges into the Cherry River — is only able to operate because the company is illegally hauling coal through the national forest.

Recently, grassroots complaints succeeded in shutting the company’s illegal haul road down, but the company is requesting an exception to the well-established, decades-old prohibition on most mining activity within the National Forest.

Speak out today! Sign the petition urging the Office of Surface Mining Reclamation and Enforcement to reject this errant request, and protect the Cherry River, the Gauley River watershed, and the Monongahela National Forest from this company’s irresponsible operations.

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Director

Justin

Adams

Office of Surface Mining Reclamation and Enforcement

Dear Director Adams,

I am writing to strongly urge the Office of Surface Mining Reclamation and Enforcement (OSMRE) to deny South Fork Coal Company’s request for a Valid Existing Rights (VER) determination, which would allow this company, with numerous clean water violations, to conduct coal hauling operations within the Monongahela National Forest. I also respectfully request a 30-day extension of the public comment period.

The Monongahela National Forest is a cherished part of West Virginia, drawing visitors from around the country for fishing, rafting, hiking, hunting, and more. Allowing South Fork Coal Company to operate within the national forest would not only harm our forests but also threaten streams that harbor the native brook trout and endangered candy darter, along with the entire ecosystem that supports the state’s growing outdoor recreation economy. The Monongahela National Forest, and the waterways it supports, are treasured parts of our state and national heritage, and they must be protected.

South Fork Coal Company has been unlawfully conducting surface mining operations (coal-hauling) within the national forest since at least 2021. In its initial application for a state mining permit to operate “Haulroad #2,” the company falsely asserted that the operation would not enter the national forest. Now, after having been exposed and challenged by grassroots organizations, the company is claiming to have “valid existing rights” (VER) to operate within the national forest, but it hasn’t provided any credible or specific evidence to meet the strict criteria for a VER determination. Additionally, they’ve racked up 113 violations of environmental laws, including at the Rocky Run Surface Mine, the operation associated with Haulroad #2. Continued use of the road would perpetuate a history of violations and undercut the broad prohibition against mining activities within the national forest.

Illegal Mining Activity in the National Forest
Surface mining on national forest lands is expressly forbidden unless a company can prove valid existing rights that predate the Surface Mining Control and Reclamation Act(SMCRA) enactment. South Fork Coal Company has not shown this, and is nonetheless seeking permission to operate within the national forest

No Documented Right-of-Way, No Legal Right to Use the Land
Under federal law, operators must show a recorded haul-road easement or equivalent property interest existing before SMCRA took effect in order to haul coal through the national forest. South Fork Coal Company cannot substantiate such a claim.

Failure to Follow NEPA, ESA, and the 1990 MOU
The Forest Service and OSMRE allowed coal hauling on Forest Road 249 without meeting their legal obligations under the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), and they also ignored the 1990 Memorandum of Understanding (MOU) that requires them to coordinate on any Valid Existing Rights (VER) claim in national forests. Instead of initiating the MOU process or conducting a public environmental review, both agencies let heavy coal trucks begin using the road with no ESA consultation or NEPA review, leaving endangered species like the candy darter unprotected. This procedural failure undercuts public trust, bypasses key safeguards, and shows exactly why OSMRE must deny South Fork Coal’s VER request and grant more time for public input.

An Extension of At Least 30-Days is Essential
More time is needed for residents, experts, local officials, and outdoor enthusiasts to understand what’s at stake, especially given the confusing claims made by South Fork Coal Company, newly released materials related to this request, and outstanding Freedom of Information Act requests for critically important records. Under 30 CFR 761.16(d)(1)(vii), interested persons are entitled to a 30-day extension upon request, and 30 CFR 761.16(d)(3) further allows OSMRE to grant additional time “for good cause upon request.” Good cause plainly exists here: the U.S. Forest Service’s new special use permit (SUP) review is still pending, critical NEPA and ESA reviews remain incomplete, and key documents have yet to be disclosed through FOIA. Granting at least a 30-day extension will help ensure that more voices are heard, the public is fully informed, and OSMRE’s final decision is both transparent and legally defensible.

Conclusion

For these reasons, I ask OSMRE to reject South Fork Coal’s claim of valid existing rights and grant the requested 30-day extension for the public to submit comments. Our national forests exist for the benefit of all, and SMCRA’s strong protections must remain intact to safeguard the Monongahela’s pristine landscapes, wildlife, and local economies for generations to come.

Thank you for your consideration of my comment and extension request.

Sincerely,

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