Judge Denies Motion to Quash
State Agency Given Deadline to Answer Suit on CONSOL Permit

by Cathy St. Clair
News Editor
   The Virginia Department of Mines, Minerals and Energy was given until next Friday to respond to a lawsuit filed against it by three area coal companies seeking a writ of mandamus and injunctive relief related to a discharge permit filed by CONSOL which is now pending before the state agency.
    CONSOL filed a permit application revision with DMME in August 2005, asking to be allowed to modify its mine water disposal plan to allow it to discharge up to 10,000 gallons per minute of untreated mine water into the Levisa  River within the town of Grundy limits.
   Buchanan Circuit Judge Bob Williams ruled last Thursday that the initial Service of Process on the state agency was proper under the Rules of the Virginia Supreme Court and further that it “did not violate any constitutional guarantees or rights of the defendants” and “is valid and binding in all respects.”
   DMME had asked the court to quash the service of process related to the lawsuit, contending that the complaint served upon it did not contain copies of the two exhibits referred to in the complaint. As such, the motion filed by DMME argued its directors were not “fully apprised of the content and details of complainants’ claims” and were therefore “deprived of sufficient notice to comply with and satisfy constitutional due process requirements.”
   The court denied the motion to quash filed on behalf of the agency by Assistant Attorney General Sharon M.B. Pigeon and ordered DMME to file an answer to the complaint on or before August 11, 2006.
    Ben Street is the attorney for the three coal companies filing the suit– Buchanan Coal Company LLP, Sayers Pocahontas Coal Company LLP and Yukon Pocahontas Coal Company LLP.
    At last week’s hearing in support of the coal companies’ position, documentation was submitted of Rule 3:4(b)of the Virginia Supreme Court, which  states specifically that “it is not required that copies of exhibits filed with the complaint be furnished or served.” Also cited was Rule 1:4(i) which states “the mention in a pleading of an accompanying exhibit shall, of itself and without more, make such exhibit a part of the pleading.”
   The original complaint filed by the three coal companies asks the court to compel DMME and the Division of Mined Land Reclamation (DMLR) to discharge their statutory and regulatory duties.
   At issue is the manner in which the permit was filed and subsequently, the manner in which a DMLR May informal conference on the permit application was conducted by the state agency.

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E-911 Addresses Are Site Specific

    Buchanan County residents who have obtained their new house addresses from the E-911 office are reminded that the addresses are site specific.
    E-911 Coordinator Greg Clevinger said there has apparently been some confusion among some residents who have erroneously thought if they moved to another location their address remained the same.
    In fact, Clevinger said, if a resident moves from one house to another, the physical address changes too -- even if the move is just next door.
    Residents changing locations may call the E-911 office to determine their new address when they move.
    Clevinger noted to date that some 7,200 residences or businesses have already called to obtain their new addresses.
    Anyone who has not yet received their new address may call the E-911 office at 935-8343 or 935-2647.

Deadline to File for North Grundy Supervisor's Post is August 25

by Cathy St. Clair
News Editor
   Time is running out for any North Grundy residents interested in seeking that district’s post on the Buchanan County Board of Supervisors in the coming November election.
   North Grundy residents have until August 25, 2006 to file their intent with the Buchanan County Voter Registrar’s Office to seek office in the special election being held to fill the remaining one year left in the term to which Joe Keene was originally elected. Keene’s tragic death while still in office necessitated the special election.
   Carroll Branham was appointed to fill the vacancy on the board following Keene’s death, pending the outcome of the special election and will seek the post as the Democrat nominee.
    Bobby Horn was chosen in June as the Republican nominee for the post.
    According to Voter Registrar Vicki Clevinger, anyone wishing to seek office as an independent may do so by getting 125 signatures from registered voters in the North Grundy District. Forms are available in the registrar's office or may be obtained from the State Board of Elections website.
    Additional deadlines to note for the November election include October 10, 2006 which is the last date to register to vote and still be eligible to vote in the November election;  October 31, 2006, which is the last date to vote absentee by mail; and November 4, 2006, which is the last date to vote absentee in person.
    For more information, interested persons may call the registrar’s office at 935-6534.