Resident challenges coal company closure near Cemetery Road; county says access was managed under federal constraints

A resident told the county court he believes the county wrongly charged him after he removed a gate that he said blocked a public road serving a cemetery.

During public comment the resident, identified in the record by the presiding official as Mr. Hamilton, said the road had historically been open, that family members are buried nearby, and that he removed a gate rather than accept a key that would limit access. He said the county asked for $600 in restitution for the gate and that he had not broken the law. "I didn't do anything wrong," the resident said.

A county official (Justin) responded that the situation was complicated by federal access rules and that the coal company had placed fencing and managed access to avoid violating federal requirements. The official said the coal company had offered keys to allow monitored access for cemetery visitors; the resident disputed that account and said he declined a key because he wanted the gate left open. The official said the court had deferred charges previously and that the disposition required reimbursement to the company for the gate purchase. The presiding official said he would contact the coal company and follow up.

Why it matters: The exchange raises local concerns about public right-of-way, cemetery access, and the limits of local authority where private operations and federal rules intersect.

Quotes:
"I didn't do anything wrong," the resident said while describing his actions to clear the gate.

"They were offered keys so that you could or anybody else that wanted to," a county official said, describing the company's approach to managing access while remaining in compliance with higher-level rules.

Provenance: Public comments and county response appear during the public-comment portion of the meeting.