Uploaded August 2026 | Updated September 2026, 3 weeks ago
A community below a graveyard in Baisden said they're on edge, worried and even scared about what could happen to several homes and their family graveyard the next time it rains hard there.
The New graveyard is above several homes in Baisden where the family of the people buried there said a company working on gas lines on the mountain have diverted the earth so that when water runs off the mountain, it floods directly into the graveyard. They said they're also worried about that flooding hitting their homes further down the mountain.
"That's my wife's daddy. I've got an uncle. She's got a brother, Craig Steven New here, nephews," Jeffery Thompson said, pointing at his family's gravestones.
The graveyard was flooded twice earlier in August.
"We got scared," Tyler New said. "The first time it happened, it worried us and it scared us. We went and talked to my grandpa, went to the main office -- K & N's main office -- the people working back there and talked to them. They came up here and fixed it, well, cleaned it, I'm not going to say fixed it. TC Energy came up here and talked about what we could do to try and help fix this."
New and Thompson both have family members in the graveyard.
"There's going to be caskets in this creek and in our yards, laying in this road," New said.
New said the companies he mentioned are working on lines above the graveyard and had diverted the land so that when it rains, water now goes directly into the graveyard his loved ones are buried in. He said they haven't gotten solid answers from either company about what's going to happen if it's flooded again.
Thompson said they had to bury a loved one outside the graveyard, which his family built, earlier this month because of the situation.
"The old man has worked his life away in the coal mines," Thompson said. "He's been gone 18 years and I would hate for him to be alive. He dug all this out with a shovel and an automatic. He used to have a dog kennel here where he coon hunted. Never did have a problem here. Lived here 70 years."
There have been talks about having to move the graves, which they said even if that's a solution it isn't fair to their families and would disturb the dead.
"Even moving these you're going to create a problem," Thompson said. You've got a four-foot wide, eight-foot long grave there all that dirt in there when they fill it back in, when rain gets in there, it can't go nowhere but down. It can only come up so far and it's going to shove more that way. It's going to help it break off."
They both said that they worry, if the graveyard floods again, water could flood multiple homes nearby as well.
WCHS reached out to both the companies that New said were working in the area. Neither company gave us a statement as of late Tuesday night.
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A community below a graveyard in Baisden said they're on edge, worried and even scared about what could happen to several homes and their family graveyard the next time it rains hard there.
The New graveyard is above several homes in Baisden where the family of the people buried there said a company working on gas lines on the mountain have diverted the earth so that when water runs off the mountain, it floods directly into the graveyard. They said they're also worried about that flooding hitting their homes further down the mountain.
"That's my wife's daddy. I've got an uncle. She's got a brother, Craig Steven New here, nephews," Jeffery Thompson said, pointing at his family's gravestones.
The graveyard was flooded twice earlier in August.
"We got scared," Tyler New said. "The first time it happened, it worried us and it scared us. We went and talked to my grandpa, went to the main office -- K & N's main office -- the people working back there and talked to them. They came up here and fixed it, well, cleaned it, I'm not going to say fixed it. TC Energy came up here and talked about what we could do to try and help fix this."
New and Thompson both have family members in the graveyard.
"There's going to be caskets in this creek and in our yards, laying in this road," New said.
New said the companies he mentioned are working on lines above the graveyard and had diverted the land so that when it rains, water now goes directly into the graveyard his loved ones are buried in. He said they haven't gotten solid answers from either company about what's going to happen if it's flooded again.
Thompson said they had to bury a loved one outside the graveyard, which his family built, earlier this month because of the situation.
"The old man has worked his life away in the coal mines," Thompson said. "He's been gone 18 years and I would hate for him to be alive. He dug all this out with a shovel and an automatic. He used to have a dog kennel here where he coon hunted. Never did have a problem here. Lived here 70 years."
There have been talks about having to move the graves, which they said even if that's a solution it isn't fair to their families and would disturb the dead.
"Even moving these you're going to create a problem," Thompson said. You've got a four-foot wide, eight-foot long grave there all that dirt in there when they fill it back in, when rain gets in there, it can't go nowhere but down. It can only come up so far and it's going to shove more that way. It's going to help it break off."
They both said that they worry, if the graveyard floods again, water could flood multiple homes nearby as well.
WCHS reached out to both the companies that New said were working in the area. Neither company gave us a statement as of late Tuesday night.
_________________________________________
Follow WCHS on social media:
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Twitter: twitter.com/wchs8fox11
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![West Virginia AG threatens legal action over Hope Scholarship letter
West Virginia Attorney General J.B. McCuskey is threatening legal action against the West Virginia Board of Education and Kanawha County Schools after parents complained to his office about a district letter sent out to parents utilizing the Hope Scholarship.
More than 26,000 students applied for the Hope Scholarship for the current school year as eligibility opened to anyone interested, marking a nearly fivefold increase since the program launched for the 2024–25 term. Participating students receive more than $5,400 to use toward their education.
Friction arose after parents reported receiving a letter from Kanawha County Schools regarding students with Individualized Education Programs (IEPs).
According to the Attorney Generals Office, the districts letter improperly treats a Hope Scholarship notice of intent as a revocation of special education consent. State officials raised concerns that the wording could potentially strip students of services and disability-related discipline protections if they chose to return to public school.
State Treasurer Larry Pack, whose office is connected to the scholarship program, said the phrasing raised immediate red flags for families.
If you read that letter, it just seems like, Hey, if you make that decision, just realize you cant come back, Pack said. I dont think they really meant it that way, but thats sure the way it read.
Pack added that McCuskeys office stepped in to seek clarity and protect parental rights.
The attorney general feels like this rises to an occasion of, I need to make it really clear what our positions are and why our positions are, Pack said. I think he really delineated what he believes [and] why he believes it, but he raised the questions because he wants to be sure.
In a statement responding to the attorney generals letter, Kanawha County Schools defended its paperwork as routine but confirmed it would modify the wording.
The district maintained that the core purpose of the notice remains the same: alerting parents that students with IEPs will no longer have an active IEP upon withdrawing from public school, in accordance with federal and state law.
Kanawha County officials also criticized the attorney general’s legal analysis, stating that McCuskey’s letter leaves out pivotal points of the law that make the difference in the legal analysis, and that is unfortunate.
The Attorney Generals Office declined further comment beyond its written letters, noting that the legal documents stand on their own.
The State Board of Education declined to answer specific questions, stating via email that any official response would be distributed to media outlets as it becomes available.
The full statement from Kanawha County Schools is below:
We received a copy of Attorney General McCuskey’s letter from the West Virginia Department of Education, since it was not sent to the Kanawha County Board of Education. We are reviewing the letter that is sent out to parents who file a notice of intent to leave public education and making necessary changes to the wording.
However, the purpose of the letter will remain the same, which is to alert parents of students with IEPs that at the time of their withdrawal from public school, they will no longer have an IEP. This is a required notice and in accordance with federal and state law. Furthermore, the letter does and will continue to state that should the student return to public education, their student’s IEP will not automatically be reinstated as it was at the time of the withdrawal. This is also in accordance with federal and state law.
Kanawha County Schools does not have a policy on this issue, as Mr. McCuskey indicated. We developed this letter to accompany the required prior written notice sent to parents who are withdrawing from public school, based on guidance that the WVDE issued in 2018, long before the Hope Scholarship existed. This letter has accompanied the required PWNs since 2024 and was written due to parent confusion regarding the status of their students prior IEP upon re-enrollment. Further, the information is consistent with information contained on the state treasurer’s website that is publicly available.
FULL STORY: https://wchstv.com/news/local/west-virginia-ag-threatens-legal-action-over-hope-scholarship-letter
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