In 2023, dirty mine water gushed out of the ground behind James Christian’s home, flooding his yard in Wyoming County, West Virginia.

Sinkholes formed, a strong sulfur-like odor lingered in the air and oily sheens began coating the creek. Residents have blamed the mine for contaminating their creek and making some of their neighbors sick.

Since then, a lawsuit by state regulators sparked a court battle between three coal companies over the incident. Now, the state is responsible for cleaning up the mine and the damage it caused through a program that has historically been underfunded. Meanwhile, state regulators have also approved a new mine expansion over the objections of local residents.

Indian Creek continues to run black and green, and sometimes the water has white streaks or slimy film. A number of water wells have gone bad. And the nauseating smell of rotten eggs has spread and is now palpable across the community.

“To get to my house, just follow the smell,” Christian said.

Cleanup falls to the state

In June, the agency revoked the mining permit associated with the former underground Pinnacle mine, and the permit is now under the responsibility of the Department of Environmental Protection’s Office of Special Reclamation, according to agency spokesperson Terry Fletcher.

The division is “currently formalizing a plan to complete reclamation of these sites that will include sealing the open mine shafts and management of the mine pool,” Fletcher said. The Office of Special Reclamation is responsible for cleaning up the land and water impacted by mining activities left behind by bankrupt coal companies.

Under federal law, coal companies are required to post bonds in order to receive mining permits as a sort of insurance. If a company goes bankrupt, state regulators can use its bond money to clean up the mining sites, in addition to special funds dedicated to abandoned mine cleanups. However, neither funding source has kept up with the cost to fully cover reclamations.

By forfeiting the company’s bond, the DEP collected nearly $1.5 million, which will be used to address the land and water issues caused by the Pinnacle Mining Complex. The state agency also secured an additional $1.9 million from the bankrupt coal company to put toward cleanup of the mine.

The DEP anticipates that the $3.4 million will cover most of the land clean up and water treatment. Any additional funding that’s needed will be from state funds dedicated to clean up abandoned coal mines.

In addition to sealing the open mine shafts, the DEP’s preliminary plan includes reducing the water levels in the mine before it discharges into Indian Creek, which the agency will continue to permit and monitor. This, the agency said, will address the water flowing out from underground as well as the bacterial and odor issues impacting the community.

Christian’s wife, Tina, isn’t convinced the agency will be able to get rid of the smell.

“If they do, it’ll be a miracle,” she said.

Regulators maintain water meets standards

The community has attributed a litany of problems to the creek, which they say is contaminated by the mine water. Rashes now spot Tereasa West’s chest and legs, Tina Christian still struggles to breathe, and her husband is now having issues with his thyroid.

Wells have also gone bad, pumping out undrinkable water and leaving households dependent on bottled water.

DEP has maintained that the water samples taken have shown that the discharge from the mine meets state and federal standards.

The agency collaborated with both the state Department of Health and the Wyoming County Health Department and offered free well testing to households in the community. Twenty-five residents participated, and the results didn’t show evidence of mine-related contamination, said Fletcher.

But residents have continued to complain, and voice distrust of the state.

The DEP has requested assistance from the U.S. Office of Surface Mining, Reclamation, and Enforcement to investigate the community’s allegations of contaminated well water. A report on its finding will be released soon.

But — regardless of the agency’s results — the community continues to say that there’s something wrong with their creek. While the water quality in the area has never been great, residents say it’s been noticeably worse since mine water erupted from underground.

As a child, West grew up playing in the creek, but now, decades later, that’s not an option for her grandchildren.

“I have lived on Indian Creek the majority of my life, and I have never in all these years ever seen Indian Creek waters in the condition that they are in now,” West said.

And as residents in and around Indian Creek continue to wrestle with the smell and the discolored water, they worry things are going to get worse.

Last month, the DEP approved a request by Brooks Run South Mining, LLC, to expand its underground Marianna Slope Mine in the Indian Creek area.

Under the revised permit, the mine could discharge into several other waterways within Indian Creek. Community members criticize the decision as they continue to struggle with unusable water sources.

Fletcher said that the mine must comply with its permit limits, and the DEP will enforce those limits if there are violations.

But those assurances haven’t eased the community’s worries or the lack of confidence in the state agency.

“We told them we didn’t want it to happen, and they did it anyway,” said Tina Christian.