December 5, 2012
Harrison County impoundment had previous problems, records show
A photo taken by a state DEP inspector shows what remains of the coal-refuse embankment that failed last week at a CONSOL Energy operation in Harrison County. W.Va. Department of Environmental Protection photo
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CHARLESTON, W.Va. -- Details began to emerge Wednesday of previous problems at a Harrison County coal-slurry impoundment, as CONSOL Energy continued its efforts to locate a coal miner missing and presumed dead following last week's collapse of an embankment at the facility.

Federal and state records showed previous questions about stability and leaks at the Nolan Run impoundment, and outlined company concerns that construction to enlarge the dump had not been moving fast enough to keep up with slurry waste generated by the preparation plant at CONSOL's nearby Robinson Run Mine.

The embankment that collapsed last week was part of a "saddle dike" that CONSOL was building to help raise the overall height of the facility to accommodate more slurry. CONSOL proposed the saddle dike on the opposite end of the facility from the main dam, to raise the embankment in a low spot, or "low gap", in the surrounding topography.

State Department of Environmental Protection officials had approved that expansion in April 2009.

But earlier this year, CONSOL told DEP officials that the construction had been hampered by "an unusually wet fall and a mild winter" that "made it difficult to maintain the extended haul road and proper placement of embankment fill during inclement weather."

CONSOL was concerned that the timing of the project's completion "may be very close or even lag behind the filling of the pool with slurry," a company engineer told DEP in a March 2012 letter.

The company submitted another plan for an "intermediate stage" impoundment expansion. DEP approved that proposal on June 18, 2012.

Jim Pierce, a DEP dam safety engineer who is investigating Friday's incident, said such issues are fairly common at impoundments as coal operators try to ensure space to dispose of preparation plant wastes.

"They have to stay head of the slurry," Pierce said. "It's always a concern."

CONSOL has not responded to questions about whether it was having problems at the site prior to the embankment collapse, and during a media briefing Wednesday, company spokeswoman Lynn Seay said it was too early for such inquiries.

"We have just begun the investigation into the cause of this accident and I do not have any initial information to share with you on the cause of the accident," CONSOL vice president for safety Lou Barletta said during a media conference call in which news reporters were not allowed to ask questions.

The Nolan Run impoundment near Lumberport stretches about a half-mile across and currently holds about 2 billion gallons of water and slurry, a mixture of solid and liquid wastes from plants used to clean coal and prepare it for burning in power plants.

This week, the search continued at the site for the missing United Mine Workers member whose bulldozer fell into the impoundment when part of the saddle dike collapsed shortly after noon on Friday. Two CONSOL engineers and their pickup trucks also ended up in the slurry, but the engineers escaped and were treated and released at local hospitals.

CONSOL said it would first try sending divers into the impoundment through a 40-foot pipe to try to enter the dozer and recover the miner's body. If that doesn't work, CONSOL will try building a smaller dam around the dozer, pumping coal waste out of that area, and then sending divers into the water.

All mining at Robinson Run was initially suspended over the weekend. Small-scale "development mining" resumed Monday morning and the mine's more lucrative longwall machine was running against Wednesday, officials said.

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