SUPREME COURT RULES AGAINST WACO'S QUARRY IN POCAHONTAS

(11/19/2008)

The state Supreme Court has upheld the Department of Environmental Protection's right to reject individual quarry permits based on recreation and aesthetic issues. Waco Oil and Gas in Glenville had applied for a 76-acre quarry operation near Huntervsille in 2003, with the agency denying a permit. The unanimous ruling overturns a March 2007 Kanawha County Circuit Court decision. The circuit court said the DEP and later the state Surface Mine Board were wrong to reject Waco Oil and Gas' application to locate a 76-acre quarry in Pocahontas County. DEP rejected the application in 2002, saying the quarry would affect residents' use and enjoyment of their property, property values and the area's scenery. In its ruling, the high court said DEP has the authority to deny an individual permit without having to declare an entire area off limits to quarries. Area residents maintained that the project would harm Knapps Creek, a popular trout stream and Marlinton's water source. They also said it would be an eyesore and would adversely affect tourism.

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