Pennsylvania farmers suffer mining damage

EIGHTY FOUR, Pa. -- A rift between Pennsylvania mining and farm interests over subsidence has been largely out of public view, but the son of a poinsettia farmer is trying to change that.

Brandon Hudock, 27, was arrested last month after driving a Hothouse Floral Co. van with a protest banner into the parking lot of a mining company that he and his family say has done almost $2 million in damage to their 26-year-old business.

"I really don't have any idea how to handle this situation, but I've dedicated my life to this now," Hudock said this week. "Every day, my parents go further in debt."

The Hudocks said water flow on their 25-acre farm changed radically since the property underneath was stripped of coal through longwall mining in 1997 and 1998.

Irreparable harm

Some farmers and nursery owners say longwall mining has done irreparable harm to their livelihood and that the state Department of Environmental Protection, which regulates mining, is not equipped to understand the financial ramifications.

The family has refused an undisclosed settlement offer from Consol Energy Inc., a Pittsburgh-based coal company, and also the $450,000 settlement suggested by the DEP.

In longwall mining, machines shave off coal from the face of underground seams and, as hydraulic roof supports are moved along, the remaining seam behind the machines collapses, often causing the ground to sink.

Ponds, springs and streams have dried up, farmers say, and areas that were once dry have become waterlogged.

Consol -- which is a major economic contributor to the region -- said there have been few public clashes with property owners over mining because the company goes out of its way to right any damage.

Consul pokesman Thomas Hoffman said the company made an offer that covered damage caused to the Hudock's farm and greenhouse.

"Then the DEP was asked by the family to intervene," he said.

"From an intellectual standpoint, it is not acceptable to call in an arbitrator and then turn down that decision and say it is Consol that is dragging out a settlement."

Many farmers have tried to resolve subsidence issues quietly to avoid clashes with miners, who are also customers, friends and relatives.

Hudock said that is what his family tried to do, but after six years, the business is hemorrhaging money.

"I want people to know that the system doesn't work," he said. "I'm not going to take this to court and I don't know why we should be forced to spend our resources."

Lee Shields, whose nursery in Spraggs ships dried flowers nationwide, said the coal company paid for damage to his greenhouses and other structures, but that subsidence on the surrounding fields has led to a near constant struggle.

"All of the streams have dried up and the fields are flooding," Shields said. "We've taken to growing on the hillsides, but it's very labor intensive and the land is a lot less fertile."

The DEP is well equipped to handle all claims and has done so in the past as quickly as possible, said spokesman Karl Lasher.

"Whether it's a business or a residential property, if your water supply is affected by mine subsidence, the mining company has to make sure you have a temporary supply within 24 hours," Lasher said. "If it is proven that subsidence did affect the water supply, the company has to restore or replace the affected supply on a permanent basis."

Flawed system

Some farmers said it is a flawed system that taxes businesses already operating with narrow profit margins.

Owners of The SpringHouse dairy have had water pumped to their property since longwall mining began there in 1999.

Five springs and wells and a pond dried up. Beverly Minor, who owns the farm with her husband, said they submit a water bill to Consol and the company pays it.

"Water is such a big issue because it's a loss of business, which the law does not cover," she said. "There are a lot of other issues that I'm not sure will ever be resolved."

The Minors handled the situation quietly because many of their customers are miners, including the men who mined under their property.

"There has to be some middle ground," Minor said.

Hudock said he may stage more protests. Groups that monitor mining in the area said more people might be listening soon, and there are efforts to change state regulations on longwall mining.

"It's been mostly the farmers that have been affected, but mining is moving more and more into the suburbs," said Mimi Filippelli, administrative director for the Tri-State Citizens Mining Network.