Lake Restoration Still Long Way Off

Washington PA Observer-Reporter
22 February 2010

It was just a matter of time before the official word came out that longwall mining at Consol Energy Inc.'s Bailey Mine was responsible for ground movement that damaged the dam at Duke Lake at Ryerson Station State Park.

The state Department of Environmental Protection and state Department of Conservation and Natural Resources ordered that the 62-acre lake be drained July 29, 2005, after inspections by the two agencies revealed expanding cracks in the 45-year-old concrete dam. A month later, DCNR removed part of the spillway to prevent water from backing up in the lake bed during heavy rains.

DCNR hired a consulting firm to determine the cause of the problem and came up with a plan to restore the dam and the lake, which was the centerpiece of the park and a favorite spot for local fishermen.

The consultant conducted extensive monitoring that indicated the dam was moving and began investigating several possible causes for the movement, including mining by Consol's Bailey Mine.

DEP got into the act following a decision by Allegheny County Court in a lawsuit filed by DCNR against Consol seeking $58 million in damages for the dam.

DEP's recent findings were based on concrete information from Consol, the Department of Conservation and Natural Resources, DEP files and months of site observations.

It comes as no surprise that Consol disputes DEP's determination and intends to appeal the decision to the state Environmental Hearing Board.

What is surprising is that a DEP spokesman said the agency will now begin working with DCNR and Consol on a way to remedy the situation, "whatever that may be."

Equally surprising is a statement that DCNR hopes to design a new dam in the spring and that construction on a new dam would begin sometime in 2010.

We don't think Consol will go quietly, especially with the company's ability to appeal DEP's decision to the Environmental Hearing Board.

And as long as Consol holds to its position that "we don't believe (the damage was) mine related," then don't expect to see bulldozers at Ryerson Station State Park anytime soon.