Fite cron
James ETumer, Br it Cusult Clerk
‘COMMONWEALTH OF KENTUCKY
BREATHITT CIRCUIT COURT,
C.A.NO, 22-61.
EUGENE BAKER, LESTER BAKER, PATRICIA BAKER, RAYMOND BAKER,
RAYMOND G. BAKER, VADA BAKER, ALBERTA BUSH, BRIDGETTE FUGATE, CLAY.
FUGATE, GREGORY ‘CHASE HAYS, ANITA HENSON, CESAR HENSON, ELLEN
HENSON, LISA HOLBROOK, MARTIN MOORE, WHITTNEY MOORE, BILLY JOE
MULLINS, GEORGE MULLINS, SHERRY MULLINS, JOHNNY E MULLINS, JOHNNY
MULLINS, TERESA MULLINS, CLARISSA MULLINS, BARBARA NEACE, JERVIS
NEACE, LURANIE NOBLE, DIANA ORTELA, TABITHA PATRICK, MATILDA RANEY,
JOHN ROBERTSON, MELVIN RURPERT, DANA WATTS, DEBBIE WATTS, AARON.
WHITE, AARON PAUL WHITE, BRITTANY WHITE, BURLEY WHITE, DAVID WAYNE,
WHITE, DEBORAH WHITE, DELBERT WHITE, HAROLD WHITE, HAROLD RAY
WHITE, JASON WHITE, JAY D. WHITE, JERSON WHITE, LISA WHITE, LORETTA
WHITE, MATTHEW WHITE, RICHARD WHITE, GRETA WHITE, MEGAN WHITE,
MOLLIE WHITE, RACHEL WHITE, ROSE WHITE, SHELVIN WHITE, TAMMY WHITE,
VAUGHN WHITE, VICIE WHITE, and WADE WHITE,
PLAINTIFFS:
BLACKHAWK MINING, LLC, and
PINE BRANCH MINING, LLC DEFENDANTS
SERVE:
Blackhawk Mining, LLC
Elizabeth Nicholas
250 West Main Street, Suite 2000
Lexington, Kentucky 40507
Pine Branch Mining, LLC
Elizabeth Nicholas
250 West Main Stree, Suite 2000,
Lexington, Kentucky 40507
‘COMPLAINT
Come the Plainifs, by counsel, and for their complaint states as follows:
File 2-CEODN —08/222022 Samer E-Tumen Breath Circuit CerFiled n-crong
2 dames Turner, Bayne Cineit Clerk
(ATURE OF THE ACTION
This litigation involves a catstrophic Mood that occurred near the end of July 2022 in
Breatit County, Kentucky in which the named Plans and others los their homes, personal
‘Property, and atleast two members of the community lost seir lives. The ates in question,
known as River Caney, is located near Route 15 in the Lost Creek community of Breathit
(County. As tis lawsuit i being led, «vast majority ofthe Plains and others ar curently
homeless de othe destruction
PARTIES
|. Defendant, Blackhawk Mining, LLC (breinafter,“Blackhawi’), is « Kentucky
mining company that does business in the Commonwealth of Kentucky and operates in the
mountains eiectly above where the Plains lve. Blackhawi Mining, LLC, hasan active stip
‘mining operation and has coneiced with Pine Branch Mining, LLC (herenafer “Pine Branch”),
{0 do blasting bo before and after the flood event previously described inthis Complain. (See
attached exhibit A). Defendants Blackhawk and Pine Branch have engagod in a joint venure and
are jointly responsible fr each other's tortious conduct as deseribed elsewhere in this compli
2. Defendant, Pine Branch Mining, LLC is mining company that does business in
the Commonwealth of Kentucky and opeatsin close proximity tothe Pains" homes.
3, All Plants are residents of or owned property in the Lost Creek area of|
Breathit County, Kentusky,
FACTUAL ALLEGATIONS
4. ‘The Plaintiffs state that there have been many’ past floods inthe Breathitt County
area, and prior to July 2022 there was never any Hlooding in River Caney of the magnitude in the
Fite meron, Sanyes E-Tuner, Breath Ctcult Clee
Pros Judg HON. SAM, WMI e105Fils 2LCLOOL{ 08222022 James EcTumen, Br ee Cicuit Clerk
5. The Plaintiffs state that, based on information they have received, Defendants
‘operated a number of silt ponds which filed due to the fact that they were improperly
maintained and improperly constructed. The fire ofthe silt ponds caused debris and excessive
water to Now onto the Plaintiff" properties and caused damages as described elsewhere inthis
Complain.
6, The Plants tate that debris, sediment, and other mater, inelading ih, escaped
fiom te sit ponds and came onto the property of many ofthe Pints The Plain allege
tat Defendants violated Kentucky Adminiseaive Regulation (KAR) 20:060, which probs
the escaping of materials and other debris, including water, from a permited area to a non-
Permited area (the Plain" property). The PlitiffsFrher allege that the violations ofthe
regulations give them a separate and independent cause of ation
7. The PlainiffS state that Defendants are under continuing obligation 10
immedi
ely eclim the strip mining propeies above the Plindfis’ homes and that the
Defendants fied to do so. The Defendants’ breach of thet day to operate ina lawl manner
exacerbated the vst damages described eltewhet inthis Complain,
Kentucky regulations require reclamation of mining propertis, which the
Defendants filed to comply with thus exacerbating the ooding damage as described elsewhere
in his Complain. Kentucky Revised Statue (KAS) 350,100 requires reclamation operation 10
‘roceed as contemporancously as practicable. The Defendants violated this regulation, thus
ving Plait separate and independent cause of action under KRS 446.070.
9. The Plints farther allege that many ofthe Plant’ wll water supply was
destroyed, interrupted, or polluted and is actionable under KRS 350.421, which allows for
Fite H-CEOOLN 08222022 James E-Tumer, Breathe Cieuit Cle.Files ner
James E-Tumer, Br’ it Circuit Clerk
compensation forthe intupton ofthe water supply snd for stomey fees. This voltion also
ves the Plains a separate cause of ation
10. The Plains elleg thatthe violations ofthe regulations described elsewhere in
this complaint consite separate and distinct causes of stions under KRS 446.070.
11. All ofthe Pliny suffired significant property damage, including loss of their
residence, having 0 find other housing, emtioal diss, loss of personal property, and loss of
vohiles.
12. The Pl
fs further allege tha the Defendants acted in wanton dsregard in
filing to operate thir mining operations safely and they are srl Liable andor violated the
relevant standards of ere forthe damsges the Pins have incurred,
13, The Pais further allege hat despite the heavy rains tha occurred inthe end of
July, 2022, the Plains damages were greatly exacerbated by the mining activites desribod
sewer inthis Complaint.
14, The Defendants have numerous mining operations in Eastem Kentucky and are
ell aware of the danger posed by having partially reclaimed or unrelsimed mining operations
above populated areas. The Defendants knew thatthe mining and standard of eae violations
described elsewhere in sis Complaint aretckng time bombs ready to explode with any type of
heavy rainfall. Thor knowing and deliberate inference tothe safety and property rights ofthe
Plains as describe elsewhere in this Complaint therefore sbjes them to punitive damages.
WHEREFORE the Plaintils seek relia follows:
1. Judgment agains the Defendans
2. Compensatory damages for each ofthe Plaintiffs as the proof is developed.
Fite cron 8 Somes ETune, Breath Citcui Cet
Pong Seo: HON EA WHER E3405)Filed n-croots
James E-Tumer, Bry” iteChuit Clee
3. Compensatory damages for any humiliation, pain and suffering each of the
Plaintiffs may have received as a result ofthe action described inthis Complaint
4. Compensatory damages for the Plaintiffs having to relocate, loss of well water
supply, loss of personal property, diminution or destiction of seal property as described
elsewhere inthis complaint.
5, Punitive dameges against the Defendants forthe eckess disregard tothe rights of|
the Pint
6. Thi byjury.
7. Any and all other rit doomed appropriate including atomey fs as deserved
clsewhere in this Complaint
RESPECTFULLY SUBMITTED,
SUNED PILLERSDORF
NED PILLERSDORF
JAMES R, TANNER HESTERBERG
PILLERSDORF LAW OFFICES
WEST COURT STREET
PRESTONSBURG, KENTUCKY 41653
PH; (606) 86-6090,
pillersn@gmail.com
ied 22-CEOOLAL 082272022 Srmes EsTunet, Breath Citeit ClerkETumer, By” “te Cicuit Clerk
led nero
7 PUBLIC NOTICE OF BLASTING SCHEDULE
‘PERMIT NO. 897-0568
In accordance with the provisions of 405 KAR 16:120; PINE BRANCH MINING, LLC, 260 West
Main Street, Suite 2000, Lexington, Kentucky, 40507 Phone 859-543-0516, proposes the
followin blasting schedule,
‘The blasting site consists of approximately 2,626.20 acres located approximately 20 mies
‘northeast of Chavis in Perry and Breathitt County
Blasting wil be conducted each day, Monday thru Saturday between the hours of sunrise and
sunset
‘This blasting schedule i for fom July 2022 through July 2023.
Entry to the blasting area will be regulated by signs and bariers. An authorized company
‘representative wil prohibit access tothe blasting area by unauthorized persons at least ten (10)
‘minutes prior o each detonation. The warning signal, made by aren, shal consist of one minute
Seties of ong blasts ive (5) minutes prior to the blast waring signal. The biast waming signal wi
bbe @ series of short blasis one (1) minute prior to detonation. The all clear signal wil be a
prolonged blast of the siren folowing inspection of the blasting area. Events which could
ecessitate basting at unscheduled times include, but are not tited to rain, lightning. other
atmospheric condos, or etrrated explosives which ivove personnel, operations, or pubic
safety.
NOTE TO PUBLISHER: The heating “NOTICE OF BLASTING SCHEDULE” shall be a
minimum of ten points, bold face, all capitals type and must appear as a heading for all
advertisements.
Filed CLOOLsL 0822/2032 James E.Tumer, Breath Citcut Clerk