Jeremy Muller, 304-637-7201, West Virginia Rivers Coalition

Two environmental groups sued the West Virginia Division of Highways (DOH) today, saying the ponds being built to catch Corridor H construction runoff are inadequate to keep mud from polluting trout streams in Hardy County’s Lost River watershed.

Stewards of the Potomac Highlands Inc., based in Wardensville in eastern Hardy County, and the statewide West Virginia Rivers Coalition filed suit in Kanawha County Circuit Court on Nov. 2 demanding that DOH halt the bidding process for Corridor H contracts between Baker and Wardensville. "Stewards" is asking DOH to redesign sediment control ponds to abide by WV Department of Environmental Protection (DEP) standards as required by their permit. DOH specifications for the Baker-Wardensville contracts awarded last month show the sediment ponds designed to half the size required by DEP.

A letter from the environmental groups’ attorney, Thomas Michael of Clarksburg, states, "DEP inspectors, and at times DOH’s own Environmental Monitor, have repeatedly issued reports during 2000 and 2001 citing the small size of sediment ponds on sections of Corridor H already under construction between Baker and Moorefield and Elkins and Kerens. At least one report cites muddy water overtopping a sediment pond and flowing into nearby streams."

Bonni McKeown of eastern Hampshire County, president of Stewards and a longtime opponent of Corridor H, said, "State highway officials promised to build Corridor H and still protect the environment. But in this case, they have failed to tell contractors to build big enough ponds to avoid pollution."

DEP’s general discharge permit issued to DOH calls for sediment ponds of 3600 cubic feet per acre of watershed disturbed. The highway division’s design plans for the Baker-Wardensville section of Corridor H show sediment ponds of just over 1800 cubic feet.

"The Lost River area, in addition to its scenic beauty, has a very delicate ecology," McKeown added. "The river gets its name from sinking into an underground channel several miles west of Wardensville. There are many caves which have never been mapped. And the Lost River is a trout watershed fished by local people and visitors. Trout are very susceptible to suffocating from mud in the streams. Heavy construction would do untold damage in this area. The very least that the highway people can do to show respect for Lost River is to design sediment ponds correctly."

West Virginia Rivers Coalition (WVRC) based in Elkins, West Virginia, was founded in 1989, and has over 2,500 members and 48 local, state, regional and national affiliate organizations. WVRC’s mission is to seek the conservation and restoration of West Virginia’s exceptional rivers and streams.

"We need to make sure that the environmental safeguards intended to make a project such as Corridor H less environmentally degrading are followed," said Jeremy P. Muller, executive director of West Virginia Rivers Coalition. "In this case, DOH is designing sediment ponds that are half the size they are supposed to be. DOH simply needs to abide by the DEP standards as required by their permit."

Corridor H is a controversial 100-mile proposed highway from Elkins, WV to the Virginia line near Wardensville. A settlement last year by environmental groups including Corridor H Alternatives resulted in the division of Corridor H into sections. Of its 10 sections, two are now under construction: Elkins to Kerens and Moorefield to Baker. Construction costs of the Elkins-Kerens section totaled about $19.2 million per mile. Corridor H was originally planned to connect to I-81, but Virginia has no plans to build its 14-mile section, leading opponents to call it a "road to nowhere.