VARNEY – Local residents say they disagree with Mingo officials as to the cause of flooding that has plagued Pigeon Creek residents for more two years.

Construction on the highway the King Coal Highway (KCH) is being done as part of a post mine land use project by Alpha Natural Resources, Cobra Natural Resources, White Flame Energy and Nicewonder Contracting. The land will be mined, and after the coal is removed, the companies have agreed to bring the site to rough grade and donate the property to the county for construction of KCH.

When completed, the highway will stretch from the intersection of US 119 and WV 65 to Interstate 77 at its US 52 interchange in the Bluefield area. The construction site in question is in the mountains above Pigeon Creek and Mate Creek, where a new consolidated high school for Mingo County is being built.

In a lawsuit filed last month on behalf of 19 plaintiffs, attorney Kevin Thompson alleged the companies have committed negligence, trespass and property damage, among other charges, and seeks punitive damages as well as a halt to the operation. Thompson said he expects the lawsuit to eventually include dozens more plaintiffs before the statute of limitations runs out in May 2011.

The suit claims the mining and construction operations caused flooding in May and July of 2008, but did nothing to correct the problems that caused that flooding, and more severe flooding occurred this year.

In a statement released last week by the Mingo County Office of Emergency Services, OES Director Jarrod Fletcher attributed the May 9, 2009, floods to excessive rain, not the construction on the KCH.

“The May 9, 2009, flood was due to excessive rain the prior week as well as more than four inches of rain that fell overnight,” Fletcher said.  “No one can control Mother Nature.”

Fletcher also noted the manpower and equipment donated by coal companies after the flooding this spring, which he said helped speed up the recovery process by at least three months.

However, Thompson said while the companies’ contributions were appreciated, the disaster would not have occurred if the companies had taken preventative measures.

“My clients and I are certainly thankful that the coal companies used their manpower and equipment to help Mingo County after the flood,” Thompson said.  “But the question we ask is how much was done before the flood to prevent the catastrophe.”

Danny White lives at Murphy Branch Road at Varney. His brother Bennie and their mother Ruby live near his home. He told the Daily News he is a lifelong resident of Murphy Branch, and he had never had any flooding problems until the construction of KCH began.

“It flooded here last year and this year,” he said. “We have had three or four small floods, and three or four big ones. It had never flooded here before. It came down behind my house; you can’t blame this on the creek [Pigeon Creek].”

White said the water coming off the mountain where the construction is taking place is causing near constant damages to his property, and he has no doubt the construction is causing the water to invade his property.

“You can stand in my brother’s yard and watch (Alpha Natural Resources) push debris off the mountain and into our yards,” he said.

He explained it has become expensive to repair the damage to his property.

“Every time it rains, I have to hire equipment to work on my yard, to move debris from under my house,” he said. “I don’t have the resources to continue doing this.”

White said he has spoken to people with Alpha and while the company initially helped him, they have not continued to do so.

“They said they would help, but that they were not responsible,” he told the Daily News. “They came one time and cleaned up, but that was all. One employee told me this (property damage) was just part of the mining and timbering process. They said it just cost too much money to clean this up.”

White said he feels litigation is the only avenue left for his family to pursue.

Fletcher said Alpha followed all the applicable laws at the site.

“Alpha has obtained the proper permits and is compliant with those permits to the best of our knowledge,” Fletcher said.

But Thompson says he believes local companies have a responsibility to residents.

“Jarrod and his people did great work helping the people of Mingo County, but maybe the coal companies need to hire more men, buy more equipment, do more engineering and build flood control structures designed not just to pass inspection, but to really protect the public,” Thompson said.

“I am 54 years old, and have lived here all my life,” Danny Murphy said. “Our little branch has always been small and has always run clear. Now, it is big water, now it is dirty.”

He added that while he realizes that coal mining is the mainstay of the local economy, there are other issues to consider.

“I’m not a negative person, I’m all for progress,” White said. “But what good is a road if they kill the community?”