According to Athens News, the Buckeye Forest Council (BFC) submitted documentation to the state’s 7th District Court of Appeals to prevent Ohio Valley’s operation from longwalling beneath Dysart Woods – old-growth woods owned by Ohio University.

With the Powhatan No. 6 now longwalling within 300 feet of the woods’ edge, the group submitted an “emergency motion” this week, claiming the mining beneath the woods would reduce groundwater and damage or kill the trees. The report added that the BFC has a pending appeal in the same court against Ohio Valley Coal regarding its mining permit for Dysart.

The coal company is within its rights at the current time and can also legally develop a room and pillar operation directly below Dysart, the paper said. However, the BFC feels the mine should be idled until the issue is settled.

Calling the group’s complaints a “rehash” of “tired and worn arguments” and “lowing over the same old ground,” Ohio Valley Coal said in a statement last week it expects the matter to be thrown out.

“Ohio Valley has already longwall mined as close as it ever will to Dysart Woods – 300 feet – and all of the monitoring data collected since confirms there has been no adverse impact on the health of the old-growth forest,” the company said.

Ohio Valley Coal added that if the mine’s development advancement doesn’t stay ahead of the longwall, adverse conditions could develop, including roof problems and other safety hazards for its miners. Additionally, it noted, the granting of the motion may “threaten the very survival of the mine and the 500 high-paying jobs that it provides.”