DEP Orders Consol Pennsylvania Coal Co. to Repair Ryerson Station Dam

Company Must Initially Pay DCNR $1 Million for Project Design, Permitting Costs

HARRISBURG, Pa., Nov. 3, 2010 /PRNewswire-USNewswire/ -- Following a two-part investigation, the Department of Environmental Protection today ordered Consol Pennsylvania Coal Co. to repair a dam that was damaged by longwall mining in Richhill Township, Greene County.

The initial report, released in February, faults Consol for ground movements associated with operations at the company's Bailey Mine, which damaged Ryerson Station Dam and Duke Lake in the spring and summer of 2005.

The Department of Conservation and Natural Resources, which oversees the dam as part of Ryerson Station State Park, filed the initial complaint with the Allegheny County Court of Common Pleas in January 2008.

"When any activity damages a vital component of our infrastructure – not to mention, a valuable natural resource – the responsible party must be held accountable," DEP Deputy Secretary for Mineral Resources Management Scott Roberts said. "In this case, we are ensuring that Consol will compensate DCNR for all that it takes to restore these important structures and ensure this dam is safe for visitors and nearby residents."

The order requires Consol to pay DCNR $1,042,625 for costs the agency incurred repairing the dam and for future expenses related to completing the repair plans and obtaining necessary permits. In addition, Consol will be responsible for contracting with a DCNR-approved independent project manager—at the company's expense—and for paying for the repair work.

The project manager will be responsible for determining a schedule to complete the work.

In December 2004 through 2006, Consol conducted longwall mining in two areas, or "panels," closest to Ryerson Station Dam that had been mined at that time. By summer 2005, the 515-foot concrete structure sustained damage that jeopardized its integrity. Shortly thereafter, DEP determined that it was necessary to breach the dam, so DCNR removed a portion of the dam spillway in August 2005 to prevent the reservoir from refilling after heavy rains and runoff, which could have further stressed it.

Breaching the dam also drained the 62-acre Duke Lake, which the dam created.

DEP initiated its investigation following the Allegheny County court's decision in October 2008 directing DCNR to file a claim with DEP under the state's Bituminous Mine Subsidence and Land Conservation Act for damage to the dam.

Among its findings, the report completed in the first phase of the investigation concluded that beyond longwall mining activity, there was no other activity in the spring and summer of 2005 that could account for the ground movement and damage to the dam. The report also excluded dam instability and hillside instability as potential causes.

Underground coal mines can cause ground movement and damage at greater distances than customary mine subsidence theory predicts, as was the case with the Ryerson Station Dam. DEP's initial report identified a number of examples of movements beyond the expected area, such as pipeline buckling and road and stream heaving.

The 1,164-acre Ryerson Station State Park opened in 1967 in southwest Pennsylvania near the West Virginia border. It provides recreational opportunities, including picnicking, hiking, camping and a seasonal swimming pool. The concrete dam across the North Fork of the Dunkard Fork of Wheeling Creek was built in 1960.

For more information, visit www.depweb.state.pa.us or call 412-442-4000.

Media contact: Katy Gresh, 412-442-4203

SOURCE Pennsylvania Department of Environmental Protection

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