Fayette County Code Enforcement Agency
Babcock State Park, Fayette County, WV

Public Notice of Public Meeting of the Fayette County Code Enforcement Agency

The Fayette County Code Enforcement Agency will meet at 11:00 a.m., Tuesday June 22, 2021 in the Fayette County Commission Chambers, located on the first floor of the main Courthouse in Fayetteville, West Virginia.

Below is the agenda for this Special Meeting.

Agenda Fayette County Code Enforcement Agency Public Meeting at 11:00 a.m., Tuesday June 22, 2021
If the Chair of the Fayette County Code Enforcement Agency, the County Administrator, is absent, Election of a Pro Tempore Chair for this Meeting
Call to Order -
  1. Old Business
  2. New Business - D. Scott Simonton, Ph.D., P.E., FCoWV CEA Special Agent; FCoWV CEA Johnson Fork-Loop Creek (“JF-LC”) Watershed Pollution Abatement Site Project Manager:
    1. Update on FCoWV CEA JF-LC Time Sensitive Abatement Action Order No. 2021 002 9.5(b) 001.
    2. Recommendations of the JF-LC Site Project Manager regarding Issuance of a Revised Version of Time Sensitive Abatement Action Order No. 2021-002-9.5(b)-001, to be Entitled FCoWV CEA Time-Sensitive Abatement Action Order No. 2021-002-9.5(b)-002:
      1. Dismissal with Prejudice of All Claims asserted against the incorrectly-named Falcon Insurance Group;
      2. Insertion of C.E. Health Compensation and Liability Insurance Company; a Delaware corporation (successor in interest to Falcon Insurance Company) as a new Insurer Respondent;
      3. Revision of incorrect production date for Insurer Respondents set forth in Section XX of original JF-LC TSAAO to reflect correct date of July 2, 2021;
      4. Addition of other new Insurer Respondents (i.e., American Home Assurance Company, and The Home Insurance Company in Liquidation) and a new Remedial Respondent (i.e., The Home Insurance Company Policies Issued to Eastern Associated Coal Corporation);
      5. Inclusion of appropriate amendments to Section VII, VIII & IX of JF-LC TSAAO to afford new Insurer Respondents opportunity to request informal conference with FCoWV CEA and set Effective Date of JF-LC TSAAO for the new Respondents;
      6. Immediate Referral of non-compliance with JF-LC Site TSAAO and further enforcement of all remedial obligations imposed on the Remedial Respondents by the JF LC Site TSAAO to the Fayette Co. Prosecuting Attorney’s Office for diligent enforcement, including assertion of appropriate claims under Section XX of the FCoWV Comprehensive Public Nuisance Abatement Ordinance;
      7. Effective immediately, Stay all further FCoWV CEA administrative enforcement of JF-LC Site TSAAO as it relates to the Remedial Respondents (i.e., National Grid NE Holdings 2 LLC, Pardee and Curtin Realty LLC, Quercus West Virginia, LLC, Continental Ins. Co./RDU9433461, Hanover Ins. Co./CGL 60203, and The Home Insurance Co. Policies) until further Order of the FCoWV CEA;
      8. Immediate Issuance of formal FCoWV CEA Resolution affirming that all obligations imposed by the JF-LC TSAAO remain binding and effective upon all Respondents to that Order, and declaring that the Stay of Further Administrative Enforcement of the JF-LC TSAAO by the FCoWV CEA until further Order of the FCoWV CEA is not intended to, and does not, relieve any Respondent to that Order of its obligation strictly and timely to comply with the requirements of that Order.
  3. D. Scott Simonton, Ph.D., P.E., FCoWV CEA Special Agent; FCoWV CEA White-Oak Dunloup Creek (“WO-DC”) Watershed Pollution Abatement Site Project Manager:
    1. Recommendation for Issuance of Proposed Information Demands to First State Insurance Company, American Empire Surplus Lines Insurance Company and Bedivere Insurance Company, each a reasonably suspected Liability Insurers of the New River Company and its predecessors in interest, Owner and Operator of the Whipple Mine and Scarbro Gob Pile sites, both in Fayette County, WV, at the time of the creation of the Scarbro Mining Waste Open Dump within the WO DC Watershed Pollution Abatement Site.
  4. D. Scott Simonton, Ph.D., P.E., FCoWV CEA Special Agent; FCoWV CEA Wolf Creek-Arbuckle Creek Watershed Pollution Abatement Site Project Manager
    1. Recommendation that the FCoWV CEA WC-AC Site Project Manager be authorized to send FCoWV CEA Notification Letters to the Current and Former Owner(s)s & Operator(s) of the four (4) identified Coal Mining Waste Open Dumps located within the Upper Arbuckle Creek Operable Unit (“UArb OU”) indicating that the FCoWV CEA has determined that it/they have been determined to be Potentially Liable Parties for abatement of the toxic contamination at and emanating from those Open Dumps, and requesting that the contact the Assistant Fayette Co. Prosecuting Attorney assigned to the WC-AC Site to discuss resolution of the concerns of the FCoWV CEA regarding timely and appropriate abatement of the toxic contamination at and emanating from those locations at that site.