The Courier-Journal from Louisville, Kentucky • Page 7

State Edilkis 0 2 THE COURIER-JOURNAL, WEDNESDAY, AUGUST 17, 1977 Reclamation officials baffled to "7 Cancer Center gets $620,470 grant by law protecting farmland atS. By MARIA BRADEN 4 Associittd Press FRANKFORT, Ky. A section of the 'federal strip mine act that protects prime farmland became law two weeks ago, but Kentucky officials are still wondering how to implement it. The provision, which 'was signed into law Aug. 3 by President Carter, requires an operator to restore mined farmland to "equivalent or higher levels of yield as nonmined prime farmland in the surrounding area." Kentucky officials say they were not aware that the provision had been in- serted in the bill until after it became law.

"We were all surprised at seeing the provision in the bill," said John Witt, commissioner of the Bureau for Natural Resources in the state Department for Natural Resources and Environmental Protection. "We didn't catch it until the day after the President signed it." Natural Resources Secretary Robert Bell said that other states were also unaware of the provision. He said the provision on prime farmland was added against the recommendation of the U.S. Department of Interior. "We feel that the protection of prime farmland is a splendid objective," Bell said in an interview, "but it was put in place hurriedly, and now we find ourselves in kind of a mess with the law and no regulations." Included in the provision is a grandfather clause that excludes permit renewals and renewals involving minor modifications of boundaries.

Regulations eventually will be promulgated by the interior secretary in co- "These are people-oriented programs," said Dr. Charles E. Kupchella, the center's associate director. The grant will help with the patient management process establishing and monitoring an individual program of treatment and evaluation for each patient, Kupchella said. Certain problems arise during cancer treatment, including side effects from radiation therapy, that require close examination, he said.

Center personnel plan to work with of Radiation Center doctors on those problems, he added. The grant provides for several" new positions, including an executive director for the project, a technical writer, epidemiologists (medical "detectives" who chart patterns of a disease), nutritionists and a nurse to help update, area nurses' educational needs. Spratt said the nutritionists will on ways to keep patients fit enough to undergo the often-debilitating cancer therapies. Dentists will join the project, he said, because patients with neck and head cancer often require dental rehabilitation. The Cancer Center staff is "very enthusiastic" about the grant, according to Spratt.

The of grant proposal received the institute's second highest priority in cancer funding nationally, he said. By ELINOR BRECHER Courier-Journal Staff Writer The University of Louisville Cancer Center has received a three-year, $620,470 grant to improve, coordinate and extend its cancer control programs and to start programs keyed to community needs. The grant, from the Cancer Control and Rehabilitation Division of the National Cancer Institute in Bethesda, will enable cancer center personnel to bolster programs studying dental rehabilitation, nutritional needs, financial and social problems of cancer patients and public cancer education. It will cover Louisville, Western Kentucky and Southern Indiana. Cancer control programs are those in which the information that researchers gain in the laboratory can be transferred to practical use with patients and the community, according to Dr.

John S. Spratt the center's deputy director. Four task forces will be established the first year and will use $187,000 of the funds, Spratt said. The groups will draw on people in the community who can bring expertise in communications, education, dentistry, nutrition and nursing, he said. The task forces will also include representatives from the Kentucky division of the American Cancer Society and the center faculty.

operation with the U.S. Agriculture Department, Bell said. "But we can't wait for the federal regulations to come down; we have to do something on a temporary basis," he added. Enactment of the provision has delayed state approval of surface mining permits, pending a determination of whether prime farmland is involved. Officials in the Department for Natural Resources and Environmental Protection have asked the U.S.

Soil and Conservation Service to make those determinations. There are 119 permits "in the pipeline," according to state Reclamation Director Ralph Waddle. Eleven of the proposed mining sites have been evaluated and found not to involve prime farmland, so the permits will be processed. But determinations must be made on the remaining 108 permit requests, he said. Waddle said the reclamation division would have tried to establish a mechanism to deal with applications involving prime farmland in order to avoid the current backlog.

But, he said, "we didn't know anything about it." Bell said he questions whether the state has the legal obligation to enforce the farmland provisions of the federal law. "We're trying to implement the fact. We're not trying to skirt our responsibilities," Bell said, "But we don't want to be placed in a position where we're the object of litigation. We didn't draft the legislation." Perry White, the department's general counsel, said he doesn't think the state can require enforcement of the prime farmland provision. we have at least a moral obligation to alert people to the requirements of the law, and to the fact that it can be enforced by the federal government," White said.

He said department officials plan to advise the federal Interior Department of instances where the federal law appears to have been violated. Bond sought to ensure deep mine land restored Associated Press A circuit court judge says he will issue an order today aimed at ending a "combat situation" at the strikebound Stearns Coal Justus mine in Southeast Kentucky. More than 150 miners have ben on strike since July 17, 1976. The miners contend company guards shoot at them. The guards, called "gun thugs" by the miners, charge the pickets sneak up to the company's fence-enclosed compound and shoot at them.

Seven guards and one miner have been wounded by gunfire this year, including one guard who accidentally shot himself. Law enforcement officers say it is unusual if a night passes without shooting near the mine, located deep in the rugged Cumberland Mountains. McCreary Circuit Judge J. B. Johnson Jr.

said yesterday that each side in the dispute has accused the other of violating previous orders. The union has asked him to declare several guards in contempt of court for allegedly violating prohibitions against their leaving the compound with firearms and for intimidating miners. The company has asked that the union be held in contempt for allegedly violating a restraining order limiting the number of pickets. It also has asked that the miners' picket line be moved 3,000 feet farther from the company compound. "I will rule on all three motions," Johnson said by telephone from Williamsburg.

He said his previous orders haven't been adequately enforced but added that "I'm not criticizing anyone for handling the thing. "I have had enough talks with the state police commissioner that I think I will get adequate enforcement of the new order," Johnson said. "I'm hoping to defuse the situation and put some restrictions on both sides that will get us out of the combat situation and get the parties back to the negotiating table where the thing ought to be settled." The miners, members of a newly organized United Mine Workers local, went on strike after Blue Diamond Coal Co. of Knoxville, which owns Stearns, refused to agree to their contract demands. The miners say they want a safety committee that would have the authority to pull men from the pits when it deems conditions unsafe.

That, they say, is the main stumbling block. Company officials say the mine is as safe as any and that there are at least five major issues separating the sides. The company has said it will not agree to a contract unless it contains a no-strike clause. Contract talks broke off in January, the company hired the guards and that is when the violence began, according to police. The two sides got together last month with a federal mediator but no progress was reported.

Todd, Logan counties given grants, loans for water lines King Coal also has said it will pave part of its entry way off the county road and its parking lot to keep down the dust. Witt said he has directed Waddle to obtain King Coal's agreement to an order setting out the reclamation work the state expects. Initially, state reclamation inspectors called to the mining site by Mud Lick residents contended that they had no jurisdiction over the surface effects of a deep mine. Perry White, general counsel for the Department for Natural Resources and Environmental Protection, has said that the state does have jurisdiction but that it has been difficult to get the message across to inspectors in the field. Hearings are to begin Sept.

1 in Frankfort on department regulations for the surface effects of deep mines. White said the detailed regulations will give field personnel a better guide to jurisdiction. While the state is asserting its jurisdiction in the King Coal case after more than two months of complaints by residents, six Mud Lick families have hired a lawyer to carry on their fight. Attorney Henry Johnson of Lexington has said that the mining operation has deprived his clients of the enjoyment of their property. He plans to discuss the situation with King Coal officials.

William Rich, operations manager for King Coal in Bell County, has refused to discuss his firm's operation, although he has previously said the mine's life expectancy is 10 years. By KEN HOSKINS Courltr-Journal Staff Writer The state plans to seek a bond from the operators of a new Bell County underground mine to insure that surface areas disturbed by the operation are reclaimed. Natural Resources Commissioner John D. Witt said yesterday that the bond would be sought from King Coal which has headquarters in Shreveport, La. However, Witt declined to discuss details becams the state has not approached King Coal about the bond.

The mine is at the Mud Lick community on the Red Bird River in northeastern Bell County. Residents have complained that earth moving involved in preparing, or facing up, the mine has blocked the river, torn up the paved county road and created dust and noise. King Coal representatives met with state reclamation officials in Frankfort last week after the firm was cited for strip mining without a permit and blocking the stream. Witt said the state was satisfied King Coal's operation is a deep mine, not a stripping operation. He said state reclamation director Ralph Waddle has made ti'ons based on the Frankfort meeting and "they (King Coal) have indicated they are willing to do these things, or at least most of them." The company has already reported clearing the stream bed of boulders.

Witt added that the state will verify that. By ED RYAN Courier-Journal Staff Writer WASHINGTON Federal grants and loans totaling nearly $4.5 million were announced yesterday to build 112 miles of water lines in large sections of Todd and Logan counties. The Farmers Home Administration in the U.S. Department of Agriculture awarded: A grant of $1,071,000 and a loan of $1,856,000 to the Todd County Water District. A grant of $795,000 and a loan of $756,000 to the East Logan Water District.

Residents in the areas to be affected northern Todd County and eastern Logan County are now using wells and cisterns. The long-term, 40-year loans, which carry 5 per cent interest rates, will be repaid from revenue generated by the new water systems. In Todd County, the $2,927,000 will pay for a water treatment plant, 36 miles of water lines, and two storage tanks. The new water system will serve 720 residential users in the rural communities of Allegre, Fairview, Kirk-mansville, Sharon Grove and Daysville. The county seat of Elkton will connect to the new system which will depend on Settle Lake as its source once it is completed.

Elkton now uses a smaller city lake for its water. The only other two Todd communities with water lines are Guthrie and Trenton in the southern part of the county. In Logan County, the $1,551,000 will be used to take water lines to the communities of Chandler's Chapel, New Harmony, Gasper, Corinth, Dennis, Bucks-ville and South Union. It is the last major section of Logan County without a water distribution system. Two major water transmission lines will be built, as will several smaller, distribution lines, totaling about 76 miles.

A master meter, a ground storage tank and a pumping station also are planned. Costs are reported down for 45 weapons programs WASHINGTON (AP) The total cost of 45 major weapons programs decreased last spring for the first time in more than two years, the Pentagon reported yesterday. The decrease of $152.8 million during the April-June quarter lowered the overall cost of the Army, Navy and Air Force programs to $198.55 billion. The last previous reduction occurred in the quarter from January to March of 1975. It totaled $3.1 billion.

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