West Virginia Highlands Voice

By reversing a decision of the Circuit Court of Kanawha County, the West Virginia Supreme Court has denied the Waco Oil and Gas Company a permit to open a sandstone quarry in Pocahontas County.

Waco had originally sought from the West Virginia Department of Environmental Protection a permit to operate a sandstone quarry in what the Court referred to as “a quiet, unspoiled, remote, and beautiful geographic area of Pocahontas County _ an area where tourism, second homes, and outdoor recreation are a growing and now crucial part of the local economy.” It was undisputed that the proposed quarrying would have caused substantial damage to the present and future well-being of the county, and specifically to local businesses, residents, and visitors.

The Department of Environmental Protection denied the original application. In did so because of two conclusions: (1) The location of the proposed quarry, including the noise, blasting, dust, and general unsightliness which are necessarily associated with a stone quarry, will prevent adjacent landowners from the normal use and enjoyment of their properties and will cause a decline in the value of properties adjacent to the quarry site, thereby impairing the property rights of others; (2) The foregoing impacts will result in the destruction of aesthetic values, recreational use and future use of the area and surrounding areas in this especially scenic and tourist-oriented area.

This denial was upheld by the Surface Mine Board.

The Circuit Court of Kanawha County reversed the Surface Mine Board, effectively approving the permit. The Supreme Court reversed the decision of the Circuit Court and the permit was finally denied.

The Pocahontas County Commission opposed the permit for the quarry. Commission President, Joel Callison explained his reasons for opposing this application. His principal reason for opposing this quarry permit, as Commission President, was protection of the quality of life for the people who live in the area.

A secondary reason for opposition is the effect of the quarry on the aesthetics of the area, which impacts tourism in the county. Tourism has been the only business or industry in the county that has grown and shows growth potential for the future. This is because of Pocahontas County’s natural beauty and location. Mr. Callison stated that it is not easy for the County Commission to oppose something that may bring jobs to the county, but in this case, it is a question of what is good for the county for the long term versus the short term.

Pocahontas County has become one of the most prominent tourist destinations in West Virginia and the eastern United States. It attracts 900,000 visitors per year. These visitors come from all over. In the winter, the largest numbers of visitors come from North Carolina, Florida, Georgia and the South. In the summer, the county’s largest tourism markets are Virginia, Ohio, Maryland and West Virginia. State Division of tourism statistics indicate that overnight guests spend an average of $70 per person per night. The estimated annual economic contribution to the Pocahontas County economy from tourism is between $20 and $30 million.