DEP Orders Consol to Repair Ryerson Station Dam
Washington PA Observer Reporter
4 November 2010
By Bob Niedbala, Staff writer
niedbala@observer-reporter.com
The state Department of Environmental Protection issued an order
Tuesday requiring Consol Pennsylvania Coal Co. to repair damage to the
dam at Ryerson Station State Park the agency claims was caused by the
company's mining activities.
The order requires Consol to pay $1,042,625 to the state Department of
Conservation and Natural Resources for work DCNR has completed and will
be required to complete to develop plans to repair the dam.
It also requires the company to hire an approved project manager and
make repairs to the dam at the company's expense. The cost of repairs
is estimated at $20,291,340.
"When any activity damages a vital component of our infrastructure, not
to mention, a valuable natural resource, the responsible party must be
held accountable," said Scott Roberts, DEP deputy secretary for mineral
resources management.
"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," he said.
The order is the second part of a two-part investigation conducted by
DEP. "The first part was to determine the cause of damage to the
Ryerson Station dam," said Katy Gresh, DEP spokeswoman.
An initial report issued by DEP in February concluded damage to the dam
that occurred in summer 2005 was caused by longwall mining conducted by
the company's Bailey Mine.
"The second part of the investigation was to craft an order that would
ensure repairs are made and the dam is restored to what it once was,"
Gresh said.
In response to the order, Consol denied its mining activities damaged
the dam. It said it would appeal the order to the state Environmental
Hearing Board.
The company, in a statement, said it was, in fact, operating in the
area of the park with an approved DEP mining permit, "based on sound
engineering studies including consideration by both DEP and Consol of
any possible mining impacts on the dam."
The company further said its appeal before the Environmental Hearing
Board could take several years and the company is willing to pursue an
"amicable and reasonable solution" to the issue of the dam in the best
interest of the community.
DEP began its investigation after DCNR sued Consol in January 2008 in
Allegheny County Court seeking $58 million in damages for the dam. The
court in October 2008 directed DCNR to file a claim for damages with
DEP under the state's Bituminous Mine Subsidence and Land Conservation
Act.
Consol had conducted longwall mining in two areas, or "panels," closest
to the dam from late 2004 through 2006, DEP said. In the summer of
2005, the 515-foot concrete structure sustained damage that jeopardized
its integrity.
The 62-acre Duke Lake was drained July 29, 2005. A month later, DCNR
removed part of the spillway to prevent water from backing up in the
lake bed during heavy rains.
Among its findings in the first phase of the investigation, DEP
concluded that except for longwall mining, no other activity in the
spring and summer of 2005 could account for the ground movement and
damage to the dam. DEP 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 said.
DEP's initial report identified a number of examples of movements
beyond the expected area, such as pipeline buckling and road and stream
heaving.
DCNR spokeswoman Chris Novak said that though the agency has not had
time to review the order fully, it is pleased the order makes Consol
responsible for the repairs.
DCNR has been working with the engineering firm Gannett Fleming Inc. to
develop plans to replace the dam.
The company is now conducting additional ground monitoring at the site
and expects to begin preparing design plans in the spring. The design
and permit process is expected to take about 18 months.
Because of factors including permitting, bidding and bid review, it
would be difficult to say when work to restore the dam will begin, she
said.