THE VIRGINIA MOUNTAINEER

 

On-Line Edition

Buchanan County's Family Newspaper Since 1922

Thursday, December 14,  2006

Home
Subhome

News

Sports

Mountain Market Classifieds

Obituaries

Good Old Days

Reunions

Contact Us

online edition - page 4

FREE Classified Ads
in the
 Mountain Market!
(regular and online editions)
(must qualify)

Abingdon/Bristol

(click for forecast)


















 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 






















 

 

 

 

 

 

 

 




























 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

































POTOMAC FIELD Gear's little helpers are pictured here, preparing shoe boxes for soldiers overseas. From left to right, Claude Bostic, Lovis Bostic, James Bonin and Bob Bonin are shown here packing the gift boxes with army gear, socks, food and other items at the  Potomas Field Gear facility in Council.

Christmas Surprises
Potomac Field Gear Packs Shoe Boxes For Soldiers

by JoBeth Wampler
Staff Reporter

  Spreading holiday cheer to U.S. soldiers overseas, Potomac Field Gear in Council has brought together various sources to bring them their very own Christmas surprises.
  "We didn't do it for the publicity," said Bob Bonin, of Potomac Field Gear. "We just wanted to do it because it was the right thing to do."
  The creators of fire resistant, moisture wicking, anti-odor, anti-microbial and anti-static tactical protection clothing, Potomac Field Gear has had extended dealings with the United States Armed Forces.
  So as the hustle and bustle of the holidays began this year, Bonin says he started thinking of soldiers overseas, who will not enjoy Christmas dinner with their families and presents neatly wrapped with their names on them.
  That's when he decided to combine the efforts of local businesses and organizations to prepare Christmas shoe boxes for soldiers.
  According to Bonin, he approached the U.S. Marine Corp. and the U.S. Army with his plans and agreed to supply shoe boxes to one unit each. His only requirements were that the units had to be stationed abroad and experiencing hardships this holiday season.
  Embedded tactical trainers in Herat, Afghanistan, some 200 soldiers in the U.S. Army were chosen to receive shoe boxes while they teach the Afghan armies to defend themselves.
  Another 200 forward-based marines were chosen and members of the 1st Battalion 320th Regiment out of Abingdon, which are serving in varying locations, such as Iraq and Kosovo were selected.
  "During this holiday season we want you to know how much you are appreciated by your fellow Americans," a note inside each shoe box reads. "The individual sacrifice you are making on behalf of us makes us all proud."
  Along with the note, which also reminds soldiers they will not be forgotten this holiday season, the shoe boxes contain free Potomac Field Gear clothing, socks, notebooks, food, personal hygiene items and Christmas cards from various local volunteer groups.
  "Like the Army, this gift box is a true team project and not the result of any one person or company," the note reads.
  Those contributing to the shoe boxes included the following:  Food City; Noble Fiber Technologies, of Scranton, Pa.;  Discount Food Co, of Abingdon; Ecumenical Faith in Action, of Abingdon; Rite in the Rain, of Tacoma, Wash.; Black's Fort Chapter - DAR, of Abingdon; the Procurement Technical Assistance Center at Southwest Virginia Community College; and Linda Sparrow, of Abingdon.
  Bonin recognized  Lovis Ball, Claude Bostic, Glenda Calver, Jim Bonin, the Ecumenical Faith in Action and members of the Sinking Spring Presbyterian Church for preparing the boxes in festive packaging to be sent to the soldiers.
  "I can't wait to hear back from them," Bonin said.
  The shoe boxes were sent out on time and should arrive before Christmas, he added, so long as the postal service doesn't mind playing Santa.

For more of the story, see the print edition of the Mountaineer, on sale at newsstands now.  To subscribe to the Mountaineer, call 276-935-2123 today.


  County Asks Court to Decide If Gas License Tax Paid Meets Statute

by Cathy St. Clair
News Editor

  A motion for declaratory judgment against CNX Gas Company, LLC; Buchanan Production Company; and Pocahontas Gas Partnership was filed in Buchanan Circuit Court by Buchanan County last week asking the court to determine whether the license taxes paid by the three gas companies to the county meet statutory requirements.
  Specifically, the suit filed last Thursday alleges the three defendants improperly calculated the license tax due by statute to the county for 2005. Similar cases have been filed by the county previously for the 2002, 2003 and 2004 tax years, according to Peter Glubiak, who was hired by the county to pursue the cases.
  He said Thursday he planned to file a motion to consolidate all the cases since they deal with the same issues.
  The motion filed last week seeks a determination from the court that no deductions may be made from the fair market value of coalbed methane gas in order to compute license tax payments pursuant to wording in the code of Virginia.
  “These taxes are owed pursuant to Buchanan County Ordinance and are based on the defendant’s activities in severing gases from the earth in connection with coal mining,” the motion alleges.
  It asks the court to determine “that the apparent method utilized by (the gas companies) in computing license tax payments is improper under the statute, and that no deductions should be allowable.”
  The motion notes that the three gas companies have filed quarterly tax returns with the Commissioner of Revenue of Buchanan County and based on those records have listed what equate to deductions for 2005 for all three companies totaling some $58.78 million.
  However, the motion notes the statute states, “in calculating the fair market value, no person engaging in the production and operation of severing gases from the earth in connection with coal mining shall be allowed to take deductions, including but not limited to, depreciation, compression, marketing fees, overhead, maintenance, transportation fees and personal property taxes.”
  According to exhibits filed with the motion, the company reported gross receipts on its county application for license totaling some $225.122 million. The gross mcf of gas severed for 2005 was 44,390,191 mcf, according to the license application for CNX.
  A financial statement summary for 2005 for CNX Virginia Gas operations showed total sales of gas by the company for 2005 totaling some $338.241 million. Of that amount, $282.689 million of those sales represented gas from Buchanan County, according to the exhibit.
  For 2005, the company paid some $6.753 million in severance license taxes to Buchanan County, but based on the numbers before deductions, the total amount due should have been $8.480 million, according to the exhibit. The difference, according to the exhibit, is some $1.727 million, which the county claims is still due to the county from the companies for 2005.
  The motion alleges that each of the three named gas companies have been “severing gases from the earth” and further that they have been doing so in connection with coal mining activity.
  “This allegation is supported by a number of factors, including but not limited to, the fact that the defendants are wholly owned subsidiaries of the largest coal company operating in Buchanan County, Virginia; and in addition, a large number of the wells operating today are converted vertical ventilation holes, which were initially drilled in connection with coal mining,” the motion for judgment notes. “Further, in support of the county’s position regarding defendant’s activities ‘in connection with coal mining’ are records of the Virginia Gas and Oil Board, as well as mine maps produced by defendant’s parent company and sister companies showing that each and every one of the coalbed methane gas wells currently permitted pursuant to Virginia statutes was either installed in connection with development of coal mining or installed in coal mining works.
  “Therefore,” the motion continues, pursuant to the statute . . . all of the gas severed from the earth was done in connection with or related to coal mining, and therefore the deductions taken by the defendants are improper under the statutes.”
”Improper calculations and deductions have been made by defendants in calculating the license tax due under the statutes,” the motion alleges. “Buchanan County is entitled to the full fair market value of the gas sold without calculations for any deductions, which may have been made.”
  No date for a hearing has been set.


Two Lawsuits Against DMME Are Non-Suited

by Cathy St. Clair
News Editor 

  Two lawsuits filed in Buchanan Circuit Court against the Virginia Department of Mines, Minerals and Energy have been non-suited by the companies filing them.
  Levisa Coal Company and Yukon Pocahontas Coal Company originally filed suit against DMME Director George Willis, alleging that the state agency had allowed Consolidation Coal Company to what Attorney Ben Street referred to as "secretly carve out" a section of its discharge permit application as it related to a plan to pump water into the VP3 mine.
  A non-suit is a legal term which basically means the suit is dropped, or not pursued, but cases which are non-suited can be initiated again at some point in the future if the parties decide to re-file.
  Street said in the initial suit, the companies objected to Consolidation flooding the VP-3 mines with billions of gallons of what he called "contaminated water,"  believing that remaining coal reserves in and around the mine would never be mined given the tremendous expense and time required to remove and treat the water.
  It's something he said would have consequence not just for Levisa, but also for  area residents and coal miners who might otherwise be hired at some point in the future to mine those coal reserves.
  Street noted Levisa objected to the VP-3 water discharge at the DMME informal conference held at Riverview in May 2006, however, he said, without disclosure to Levisa, Consolidation had already applied for a separate permit revision on April 13, 2006 to pump water to VP3. That permit was granted the following day -- April 14, 2006 and he said neither Levisa nor the general public were made aware of what he called the "secret permit revision."
  Initially the VP-3 water storage was listed in public notices, Street said, as a part of the main discharge application.
  He said the granting of the permit revision was first publicized in DMME's response to those who objected to the discharge permit being granted. In those responses, he said, the VP-3 carve-out was first mentioned.
  The permit revision has been discussed in other proceedings and DMME officials and attorneys have indicated the permit revision was seen by the department as "insignificant" and requiring no public notification process. The revision they have previously argued was the same as revisions previously granted allowing Consolidation to pump water into Beatrice, or to VP-1, and since neither of those approvals had drawn public dissension, DMME officials said previously the department viewed the revision allowing the pumping of water from Buchanan No. 1 to VP-3 as an insignificant change.
  Street said the decision to non-suit the case by his client was in order to allow the formal hearing process now underway regarding the Levisa River discharge permit to go forward with that portion of the application in place.
  "Levisa believes that DMME permission to pump water into VP3 should be considered in the context of the Levisa River Discharge Permit, as originally indicated by the DMME," Street said.
  He noted the hearing officer in charge of conducting the formal hearing, Thomas McCarthy, has been asked to consider the permit revision hand-in-hand with the Levisa discharge permit.
  "If the hearing officer agrees to do this, it would make sense for Levisa to argue its case at the formal hearing on the Levisa Discharge Permit which it believed it would be allowed to do at the outset," Street said. "Because of this, Levisa has elected to take a non-suit in the Circuit Court case, without prejudice to refile, in the hope that the Hearing Officer will agree to consider the secret permit revision for the VP-3 mine discharge when he considers the Levisa River Discharge permit."
  Street said if the hearings officer does not agree to consider that facet during the formal hearing, Levisa will have to consider refiling the suit against DMME and proceed in Buchanan Circuit Court.


Board Okays Resolution on Revenue Sharing Funds
Road Projects Identified for Expenditures in Application

by Cathy St. Clair
News Editor
  
  A resolution which lists proposed spending of revenue sharing funds of up to $2.5 million on area roads was approved last Monday during a meeting of the Buchanan County Board of Supervisors.
  The resolution notes $1.5 million would be in local funds through the Virginia Department of Transportation's 2006-07 revenue sharing plan.
  Roads identified as part of that plan and the requested state match in the detailed application for funds submitted include Rt. 604, Sunset Hollow, $1.2 million, including local unmatched funds of $500,000; Rt. 83/8, Stateline Ridge, $462,000; Rt. 625, Stinson Ridge, $50,000; Rt. 615, Hoot Owl Branch, $100,000; Rt. 612, left fork of Leemaster, $100,000; Rt. 706, Lick Branch,  $136,000; Rt., 80, Helen Henderson Highway, $70,000; and Rt. 645, Rocklick Creek, $382,000.
  Hurricane Supervisor William P. Harris asked about the Rt. 80 funds and was told they would be used for a preliminary study on taking off a rockwall curve on that route. The funds would also be used to develop a set of plans for the project.
  The motion to approve the resolution was made by North Grundy Supervisor Carroll Branham and was seconded by Garden Supervisor Buddy Fuller. The vote was 6-0. Knox Supervisor Pat Justus, who did come later in the meeting, was not in attendance at the time the vote was taken.


For more of the story, see the print edition of the Mountaineer, on sale at newsstands now.  To subscribe to the Mountaineer, call 276-935-2123 today.


   Subscribe to the Mountaineer today and don't miss out on all the Buchanan County news!
   Call 276-935-2123 for more information or write to: P.O. Box 2040, Grundy, Va., 24614-2040 to get your subscription started. Pricing information may be found on the Advertising page of this site.

*  *  *  *  *  *

*  *  *  *  *  *
Need Printing?
   The Mountaineer is your one-stop source for all printing needs. Business cards, letterhead, envelopes, invitations and more are available based on your individual or business needs.
   E-Mail us today and a representative will get back to you promptly:

virginiamountaineer@yahoo.com

*  *  *  *  *  *