The residents are suing Blackhawk Mining and Pine Beach mining companies, alleging that the two companies knew they were sitting on “ticking time bombs” by failing to properly construct and maintain silt ponds, which are artificial bodies of water created through coal operations that collects pools of water, waste and sediment.
An attorney representing the residents says debris, sediment and fish flowed out from the silt ponds and came onto their properties, according to the lawsuit.
This would be a violation of the Kentucky Administrative Regulation 20:060 which prohibits these materials and matter escaping the permitted area, according to the lawsuit.
The residents who filed the suit argued that Blackhawk and Pine Branch are obligated to reclaim the strip mining properties by their homes and they failed to do so. Land reclamation is the rehabilitation of land once the coal mining process has finished.
“The (mining companies’) breach of their duty to operate in a lawful manner exacerbated the vast damages described elsewhere in the complaint,” the residents’ attorney wrote in the lawsuit.
As a result, residents say their well water supply was destroyed or interrupted, compounding the significant property damage and loss of their vehicles which was caused by flooding.
“(The mining companies) have numerous mining operations in Eastern Kentucky and are well aware of the danger posed by having partially reclaimed or unreclaimed mining operations above populated areas,” the lawsuit read. “(They) knew that the mining and standard of care violations described elsewhere in this complaint are ticking time bombs ready to explode with any type of heavy rainfall.”
In a statement provided to the Herald-Leader, Blackhawk Mining said it is “deeply woven into the fabric of Eastern Kentucky,” and the company does not agree with the claims made by the plaintiffs’ attorney.
“Our people were deeply impacted by the flooding, including loss of loved ones, homes and belongings,” the company said in a statement. “We have been supporting the community with relief efforts from the beginning and our sympathies are with those affected. The flood was a natural disaster without precedent. “
We do not agree with claims made by the lawyer representing the plaintiffs and will respond accordingly at the appropriate time.”
Despite the destruction, residents were served with notices from Pine Branch Mining Company near the time their homes were wiped away to notify them more blasting would occur. Blasting occurs during mining operations to uncover coal reserves by breaking rocks overtop of the coal with explosives.
A copy of the notice, which was included in the lawsuit, indicated the blasting zone consists of 2,526 acres of land 2 miles northeast of Chavies in Perry and Breathitt County – also recovering from flooding.
Blasting began in July 2022 and is expected to continue to July 2023, according to the lawsuit.
All plaintiffs are seeking compensatory damages for any humiliation, pain and suffering each of them received as a result of the alleged actions in the complaint. In addition, they are seeking compensatory damages for their need to relocate, loss of well water, loss of personal property, diminution or destruction of real property.
Finally, the residents of Lost Creek are seeking punitive damages for the alleged reckless disregard shown towards them.
According to an article from NBC News, those listed in the lawsuit are conflicted about their decision to sue companies which have provided jobs to their families for decades.
“Everyone here has a connection to coal, and I know it’s going to break some ties,” plaintiff Gregory Chase Hays told NBC. “I just really dread it so badly, but it has to happen. All of us here need help.”