Center for Coalfield Justice

Longwall mining destructive, study says
Sunday, April 17, 2011
By Don Hopey, Pittsburgh Post-Gazette

Act 54, the Pennsylvania law regulating longwall coal mining, allows damaging and widespread surface subsidence in southwestern Pennsylvania and should be amended to provide more environmental and personal property protections, according to an analysis by the Citizens Coal Council.

The environmental group's analysis, released today, highlights increased damage to streams, structures and coalfield communities from 2003 through 2008. It says the damage reveals serious shortcomings in the 1994 state mining law's ability to protect property owners and land and water resources from harm.

"It is now crystal clear that Act 54 is fundamentally flawed," said Aimee Erickson, executive director of the Coal Council, a national alliance of grass-roots groups based in Bridgeville. "Pennsylvania and our environment have endured widespread permanent mining damage under Act 54 for 16 years, and it's time for it to stop."

The Coal Council's analysis, which will be presented to the state Department of Environmental Protection's Citizens Advisory Council Tuesday in Harrisburg, reviews the department's five-year report on mining impacts that was released in January.

That DEP report looked at 50 underground coal mines statewide, including eight longwall mines in Washington and Greene counties, and documented damage to 456 homes and structures on 108 properties from 2003 through 2008, both significantly higher numbers of structures and land than were damaged by mining during the previous five years.

The subsidence caused by longwall mining, a deep mining technique that removes all of the coal from the 6- to 8-foot-thick Pittsburgh coal seam that runs under much of southwestern Pennsylvania, caused 94 percent of the structure damage and 95 percent of the property or land damage.

Also damaged were 683 wells, springs or ponds, a third of which had not been fixed at the time the report was released. Ms. Erickson said she knows families living near Lone Pine, Washington County, who were undermined five years ago but are still using "water buffaloes," plastic tanks that provide temporary water supplies.

The state report also found that 100 percent of the impacts to 55 streams -- including flows that were diminished or stopped completely -- was caused by longwall mining subsidence. Flows have been restored on 20 of those streams, but the work took an average of 688 days, almost two years, to complete.

"The state report contains the mining statistics but skirts the issues, falling short of identifying the big problems created by longwall mining," said Ms. Erickson. "Streams are being destroyed. Homes are being destroyed. And residents in the areas where mining is occurring are suffering."

According to the Coal Council analysis, prepared by Schmid & Co., an ecological consulting firm in Media, Delaware County, the acreage undermined increased by 12 percent, from 34,051 acres to 38,256 acres, compared with the previous five-year review period, 1998-2003. Structure damage increased 31 percent, from 348 to 456 structures, and, according to DEP records, one in five property owners experienced delays of more than 600 days in receiving compensation for subsidence damage.

The law allows mining companies to undermine and subside surface land, homes, structures, water supplies and streams, but requires the companies to repair the structures, replace water supplies and restore stream flows.

The environmental analysis said the state report provided no evaluation of the cumulative impacts of longwall mining subsidence on streams, stream flows and wetlands, and failed to evaluate the often extended delays in fixing homes and other private property damaged by subsidence.

Consol Energy, the state's biggest coal producer and owner of three of the eight longwall mines operating during the five years covered by the state report, said it hadn't had a chance to review the Coal Council report and so could not comment.

George Ellis, president of the Pennsylvania Coal Council, said he disagreed with the environmental analysis and believes Act 54 is working as intended.

Concerning the damage to streams caused by longwall mines, Mr Ellis said the DEP is studying the issue but has yet to make a determination.

Asked for a comment on the Coal Council document and if the state would consider amendments to Act 54, Katy Gresh, a DEP spokeswoman, said the department hasn't had time to fully review the analysis, but will do so.

She said the department stands by its January report and is "confident that, thanks to improvements made by industry and our agency, the impact of longwall mining on aquifers and other resources has decreased and continues to decrease."

When the DEP issued its mining report, then DEP Secretary John Hanger said it would help the department better understand how the subsidence damage occurs, where it occurs and how to mitigate the damage better and faster.

But the 16-year legacy of destruction to property and the environment, especially water resources, shows that the state's mining law has failed to provide the protections mandated by the state constitution and the Clean Streams Law, said Stephen Kunz, Schmid & Co. senior ecologist and the report's author.

Act 54's mandate for DEP to issue a report every five years was supposed to be a "reality check on balancing mining and resources protection," Mr. Kunz said, but the way Act 54 has been administered by the DEP has removed stream and structural protections first established in Pennsylvania's Bituminous Mine Subsidence And Land Conservation Act passed in 1966, 45 years ago this month.

"The inevitable conclusion from our analysis of the DEP's five-year review is that longwall mining as currently practiced in Pennsylvania under Act 54 is highly destructive," Mr. Kunz said, "and is not compatible with environmental protection, landowner protection or taxpayer protection."

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Coalfield Justice now intervenor in dam appeal
Bob Niedbala, Observer-Reporter
April 16, 2011

Center for Coalfield Justice has been granted intervenor status in an appeal before the Environmental Hearing Board regarding the state Department of Environmental Protection's ruling on damages to Duke Lake dam at Ryerson Station State Park. The appeal was filed by Consol Pennsylvania Coal Co. after DEP found in November that damage to the dam was caused by longwall mining conducted by the company's Bailey Mine.

The 62-acre lake was drained in July 2005 after inspections revealed expanding cracks in the 45-year-old concrete dam. A month later, part of the spillway was removed to prevent water from backing up in the lake bed during heavy rains.

"That we have been without the lake for nearly six years now is a tragedy, one that Consol must be held accountable for," said Raina Rippel, the center's executive director. "We look forward to constructively engaging in the process of confirming responsibility and determining appropriate restoration," she said.

The significance of becoming involved as an intervenor is that it will allow the center to participate in the legal proceedings "to make sure the community is represented at the table," Rippel said.

The center maintains studies conducted as part of the investigation of damage to the dam indicate subsidence damage occurred well outside the "rebuttable presumption" area.

In issuing mining permits, DEP presumes surface structures will not be damaged outside a 35-degree angle of influence above an underground mine. "These rules must be changed to reflect what is actually happening to our landscapes," said Phil Coleman, a center board member.

Consol had appealed the DEP order claiming its mining activities were not responsible for damages to the dam. The company said the mine was operating with an approved DEP mining permit that was prepared based on "sound engineering studies" including consideration of any possible mining impacts on the dam.

In addition to finding that the company's mining activities were responsible for damage to the dam, DEP issued an order requiring the company to make repairs at its expense, a project estimated at more than $20 million.

Last month, however, DEP withdrew the repair order and in a letter to Consol explained that the site of the dam continues to move which precludes the design and repair of the dam.

"We believe that the DEP's recent determination that the Ryerson Park Dam site is still moving supports our position in this case from the beginning: The damage to the Ryerson Park Dam was not subsidence related," said Jerry Richey, Consol's executive vice president for corporate affairs and chief legal officer.

"Consol Energy remains dedicated to working with the DCNR (Department of Conservation and Natural Resources) to find a creative solution that will allow this important community amenity to be restored as quickly as possible," he said.

A DEP spokeswoman could not be reached late Friday afternoon to comment on the matter.

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Mining mostly impacts S.W. Pa.
Bob Neidbala, Observer-Reporter
Wednesday, January 5, 2011

Most of the impacts of mine subsidence to surface structures and land reported during a five-year period ending in 2008 occurred in Greene and Washington counties, said a report issued Tuesday by the state Department of Environmental Protection.
The report, required by Act 54 of 1994 and prepared by DEP and the University of Pittsburgh, documents the effects of mining in 10 counties from August 2003 through August 2008.

It details the number of structures, water supplies and streams undermined during the five-year period and provides an overview of the types of damage to surface and surface structures as well as how long it took to resolve those impacts.

The report also assesses the effectiveness of measures designed to minimize subsidence damage.

"While coal companies have made advances to reduce underground mining's impact on the surface, this report gives us a chance to better understand how those incidents occur, where they're occurring and how we can prevent them or address them more timely," DEP Secretary John Hanger said.

According to the report, 50 underground coal mines were active during the study period. In that time, 1,247 incidents regarding the effects of subsidence were reported to DEP by its staff, coal companies or landowners.

Greene and Washington counties had the highest number of reported incidents because of the longwall mining that is conducted there, said Jamie Legenos, DEP spokeswoman.

"Subsidence happens more often in longwall mining," she said. This is because large areas of coal are removed in the mining process and because of the thickness of the coal seam that is mined, she said.

Of the 38,256 acres undermined during the study period, 24,607 acres, or 64.3 percent, were mined by longwall mining, the report said. All eight of the longwall mines in operation during the study period were in Greene and Washington counties.

Longwall mines in the two counties accounted for nearly 94 percent of the incidents involving structures and 89 percent of the impacts to land, the study said.

Longwall mines operating in Greene County include Consol Energy's Bailey and Blacksville No. 2 mines and Alpha Natural Resources' Emerald and Cumberland mines.

In Washington County, only Consol Energy's Enlow Fork Mine remains in operation.

The study also included Consol's Eighty Four Mine and UMCO's High Quality Mine, both of which have since closed. Consol's Shoemaker Mine also was included though only a small section of it operates in Washington County.

Act 54 requires reports detailing the impacts of mining to be prepared every five years. The two previous reports covered 1993 through 2003.

The total number of reported incidents in the new study represents a 14 percent increase from the prevous five-year period. DEP said it is reviewing incident reports to determine what may have contributed to the increase.

Other findings of the report include:

n Of the 3,735 structures inventoried in the 10 counties, 456 or 12 percent, were impacted by mining, while 108 of the 3,587 properties, 3 percent, inventoried were impacted;

n Nearly 2,800 wells, springs and ponds were undermined with 683, or 24.5 percent, reporting some impact. At the end of the assessment period, 449 of those cases had been resolved.

n The average time to resolve impacts to structures, land and water supplies was 207 days, 246 days and 321 days, respectively.

Act 54 held deep mine operators legally responsible for surface damages caused by their mining operations for the first time.

Before 1994, underground coal mines had no legal obligation to protect or restore surface structures or water supplies.

Michael Nixon, mining issues committee chairman for the Sierra Club's Pennsylvania Chapter, said his committee will review the document but he believes it should be compared with findings of a study released in July by Citizens Coal Council.

That study was presented to DEP to review in connection with its Act 54 report. "Our analysis is not the rosy picture DEP paints in the cute press release issued today," Nixon said.

The Act 54 report can be viewed on DEP's website at www.depweb.state.pa.us.
Copyright Observer Publishing Co.

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State report details longwall mining damage
Homes, land, waterways affected in Washington, Greene counties
Wednesday, January 05, 2011
By Don Hopey, Pittsburgh Post-Gazette

A new state report shows that longwall mining, a technique that causes immediate surface subsidence, continues to cause extensive and long-term damage to hundreds of homes, farm structures, roads, streams, and well water supplies in Washington and Greene counties.

According to the state Department of Environmental Protection report released Tuesday, 50 underground coal mines were active in the state from 2003 through 2008, but the eight operating longwall mines in two southwestern Pennsylvania counties caused 94 percent of the damage done to 456 structures and 89 percent of the land impacts to 108 properties surveyed.

The total number of "incidents" identified in the report is a 14 percent increase over those identified in the previous five-year report, which was widely criticized as incomplete.

During the five years covered by the new report, 683 wells, springs or ponds were damaged by mining subsidence and 234 of those cases remain unresolved. The average time to resolve a case involving those water sources was 321 days, almost a year, and considerably longer than the average time for resolution of structure and land damage claims.

Mining operations impacted 55 streams, either reducing or stopping the flow of water or changing flow patterns. Flows have been restored on 20 of the streams, but the work took an average of 688 days, almost two years. Other stream damage has not been fixed, and the report said there's insufficient data available to determine if stream flow and biological diversity standards have been restored.

But Aimee Erickson, executive director of the Citizens Coal Council, a Washington, Pa.-based environmental organization, said there's a year of data in the state's mine monitoring discharge reports.

"We've looked at that data and there's some serious Clean Water Act violations going on down there," said Ms. Erickson. "Longwall mining is having some significant impacts."

DEP Secretary John Hanger said the report, based on research done by the University of Pittsburgh, will help the department understand how the subsidence damage occurs, where it's occurring and how to prevent or mitigate the damage better and faster.

The mining damage report is required by Act 54, the state's 1994 mining law written to accommodate longwall mining, a deep mining technique used to remove all of the coal from the 6-foot-thick Pittsburgh coal seam that runs under much of southwestern Pennsylvania. The law allows mining companies to undermine and subside surface structures, water supplies and streams, but requires the companies to repair the structures and replace the water supplies.

Consol Energy, which is the state's biggest mining company and owns three of the state's eight longwall mines, did not return calls requesting comment.

Don Hopey: dhopey@post-gazette.com or 412-263-1983.

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Duke Lake marks its fifth year of being dry

Outdoors Editor F. Dale Lolley can be reached at dlolley@observer-reporter.com
July 25, 2010

This week will mark the fifth anniversary of the draining of Duke Lake at Ryerson State Park.
That's right, five years.

That's one anniversary that we won't celebrate.

At the current rate at which things are moving forward with the rebuilding of the dam , it may be another five years before that lake is open for public use again.
Earlier this year, the Pennsylvania Department of Environmental Protection reported the cause of the damage to the dam, that forced the draining of the lake, was caused by longwall mining by Consol Energy's Bailey Mine.

DCNR has filed a lawsuit against Consol seeking $58 million, but has denied a number of requests, including those of this newspaper, to view its report. Because of that, at this time, we are forced to accept DCNR's word that Bailey Mine was responsible.

It does, however, make you wonder exactly what the DCNR is afraid the public will find when/if the reports are ever released.

Consol has, of course, disagreed with that assessment and has appealed the decision to the state Environmental Hearing Board.

The losers in this high-stakes game of political posturing continue to be local taxpayers and outdoors enthusiasts. While the future of Duke Lake is haggled about in court, the weeds continue to grow in what was once a lake bed.

And, not surprisingly, every month that goes by without a resolution to what actually occured at Duke Lake, the more the price tag to fix it goes up.

• While late July and August aren't exactly known as great times to go fishing, word has it that smallmouth bass fishing has been very good in the Youghiogheny River of late.

In addition, anglers are also catching an occasional trout in the river, while the tailrace is, as always, still producing trout.

If it is trout you seek, Dunlap Lake just west of Uniontown continues to produce.

Minnows and night crawlers continue to get good results on the Monongahela River. The locks and dams have been good spots for catfish, walleye, sauger and different varieties of bass.

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Office of Open Records denies appeal

By Bob Niedbala Staff writer, Observer Reporter
June 5, 2010

The state Office of Open Records has dismissed an appeal of a right-to-know request submitted by the Center for Coalfield Justice, Observer-Reporter and state Rep. Bill DeWeese, D-Waynesburg, seeking reports regarding damage to the Duke Lake dam at Ryerson Station State Park.
In a notification letter, the Office of Open Records cited a failure on the part of the state Department of Environmental Protection to respond in a timely fashion to the original right-to-know request, according to the Center for Coalfield Justice.

The initial request had been made to DEP on March 30, said Raina Rippel, the center's executive director. In a letter dated April 12, DEP said it would need an additional 30 days to respond. On May 7, it officially denied the request.

The Center for Coalfield Justice, Observer-Reporter and DeWeese subsequently filed an appeal with the Office of Open Records within the 15-day appeal period established by law.

However, in dismissing the appeal, the Office of Open Records noted DEP had only five days to respond to the initial request or the request was deemed to be denied.
DEP should have responded by April 6, and when it failed to do so, the request was denied, Rippel said. The appeal then should have been filed within 15 days of the April 6 denial.

DEP had made no mention of the deemed denial in its April 12 letter, and this interim response was taken as a good faith effort on the part of the DEP to respond to the right-to-know request, Rippel said.

Subsequent letters, e-mails and phone conversations with the DEP also never made mention of this fact, she said.

"While the right-to-know law certainly includes this confusing provision," Rippel said, "it is now clear to us that the law provides unnecessary cover to agencies at the expense of private citizens and other interested parties. Moreover, we feel the DEP response was ambiguous at best."

The center, along with the Observer-Reporter and DeWeese, had requested materials associated with a DEP interim report on the Duke Lake damage claim.

In that interim report, DEP concluded damage to the dam was caused by mining activities associated with Consol Energy Inc.'s Bailey Mine. Consol has disputed that conclusion.

"I think this is indicative of DEP's strategy to play the system and to avoid and delay disclosure at any cost," said Park Burroughs, editor of the Observer-Reporter.

DeWeese said he was unhappy with the misleading way in which the DEP handled communications regarding the open records request, in which they appeared to be requesting more time to make a final determination.

"It is outrageous that the Center for Coalfield Justice should have to resubmit this right-to-know law request, which will likely add another 30 days to the five long years we have been waiting to get answers on what happened at Duke Lake," DeWeese said.

"I am none too pleased that a state agency has chosen to play a proverbial shell game with semantics, using the fine line between 'interim response' and 'final response' to mislead the Center for Coalfield Justice, the Observer-Reporter and myself," he said.

When the legislature passed the new Open Records Law in 2008, it was with the caveat that it might need to be fine-tuned down the road. "In my mind, a game-playing response may mean that time is at hand," DeWeese said.

A similar right-to-know request was submitted to the state Department of Conservation and Natural Resources, which, in contrast to the DEP, met all deadlines for response. An appeal of the DCNR denial is therefore still pending.

The center, Observer-Reporter and DeWeese plan to file a second right-to-know request shortly with DEP, Rippel said.

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State agencies keep Ryerson reports secret

By Bob Neidbala, Observer-Reporter
May 13, 2010

Two state agencies have denied right-to-know requests filed by the Center for Coalfield Justice, the Observer-Reporter and state Rep. Bill DeWeese, D-Waynesburg, asking for the release of reports related to the damage to the dam at Ryerson Station State Park.

Right-to-know requests were filed with the Department of Environmental Protection and Department of Conservation and Natural Resources seeking release of consultant reports referenced in a DEP interim report on the Duke Lake damage claim. In that interim report, DEP had concluded that damage to the dam was caused by mining activities associated with Consol Energy Inc.'s Bailey Mine.

"We are now reviewing the denial and plan to appeal," said Raina Rippel, executive director of the Center for Coalfield Justice. The appeal will be filed with the state Office of Open Records.

The agencies' decision not to release the information again denies the public's right to learn more about the cause of the damage to Duke Lake dam, Rippel said.

"After five long years, the public deserves to know what DEP and DCNR have discovered about the destruction of Duke Lake," said DeWeese in a news release.
DCNR had filed a $58 million lawsuit against Consol after damage to the dam became apparent in July 2005. The court subsequently ordered DCNR to file a damage claim with DEP under the state's Bituminous Mine Subsidence and Land Conservation Act.

In February, DEP determined longwall mining at the Bailey Mine was responsible for the damage. Consol disputes that claim and has appealed the decision to the state Environmental Hearing Board.

The right-to-know request seeks the release of reports that are referenced in a publicly released DEP damage claim interim report.

"It is the public that paid for the investigation, is paying for the lawsuit and pays the salaries of the DEP and DCNR," said Park Burroughs, editor of the Observer-Reporter. "The public has an absolute right to see what it is paying for - period."

DEP and DCNR claim they are exempt from disclosing the reports because they are part of the internal "predecisional deliberations" of the agencies and are related to a "noncriminal investigation."

The letter of denial cites the relevant statutes but fails to state specifics including, for example, what decision by the agencies is pending in regard to the dam that justifies the exemption. On Wednesday, DCNR spokeswoman Christina Novak said, though the agency has decided to rebuild the dam, it has not made a decision on the method in which that will be done.

Melissa Melewsky, media law attorney for the Pennsylvania Newspaper Association, said the state's right-to-know law requires the agencies to cite the statutes but doesn't require them to provide details. The agencies will have to justify their decisions during the appeal before the Office of Open Records, she said.

Though the agencies have indicated the information may eventually be released, Rippel said, that may come too late for any public input in the process. The public should be informed of the process and have a chance to express its concerns and opinions about it, she said.

"We do feel we have a right to know, and we do feel the time to know is now," Rippel said.

The reports are important, Rippel added, because they may contain information refuting regulations DEP follows in determining surface damage caused by underground mining.

DEP assumes surface structures will not be damaged outside a 35-degree angle of influence above an underground mine. Rippel said her group believes this assumption is incorrect.

The center had also filed a right-to-know request regarding the reports prior to the release of DEP's interim report. The request was denied by DCNR, and, on appeal, the Office of Open Records upheld the agency's decision based on the records being related to a noncriminal investigation.

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Reports sought on 2005 failure of dam at Ryerson Park

By Steve Ferris, Herald Standard
April 1, 2010

A local effort has begun to obtain reports from two state agencies about the 2005 failure of the Duke Lake Dam at Ryerson Station State Park in Greene County using the state's Right-to-Know law.

State Rep. Bill DeWeese, D-Waynesburg, joined the Washington-based Center for Coalfield Justice (CCJ) and the Washington Observer-Reporter newspaper in requesting more than a dozen documents from the Department of Conservation and Natural Resources and the Department of Environmental Protection on Tuesday.

An interim report the DEP issued in February stated that long-wall mining at Consol Energy's Bailey Mine caused ground movement that damaged the concrete dam, which was completed in 1960, seven years before the park opened.

The 62-acre lake was drained in July 2005 after the DEP and DCNR found a high number of cracks in the dam and increased seepage from the structure.

Part of the spillway was removed in August 2005 to prevent rain and runoff from refilling the impoundment.

In January 2007, the DCNR filed a notice of its intention to sue Consol in Allegheny County Common Pleas Court. The DCNR is reportedly seeking $58 million in damages to repair the dam and other alleged environmental damage, and to restore the lake.

The court instructed the DCNR to file its claim with the DEP, which has sent letters to both parties asking how they wish to address the damages to the dam.

The DEP will try to mediate a resolution and issue an order, which either side could appeal to the state Environmental Hearing Board. The board's decision can be appealed in the court system.

Reports on engineering studies into the cause of the damage to the dam and copies of a letter Consol wrote in response to one engineering report are among the documents DeWeese, CCJ and the newspaper are seeking.

"I am told all of these documents are referenced in an interim report prepared by the Department of Environmental Protection," said DeWeese. "Ryerson is a public property - and the public has a right to know what these state agencies have done, in terms of studying and rectifying this important issue."

He said he hopes the agencies respond quickly to the requests.

The Center for Coalfield Justice also is urging the DEP to consider southwestern Pennsylvania's variable geology before issuing mining permits.

"It's just too variable to have a hard and fast rule," said Cassie McCrae, a community organizer for CCJ.

"While we were pleased to see the Department of Environmental Protection report, which finally acknowledges that long-wall mining in Consol's Bailey Mine was undeniably responsible for the damage to Duke Lake Dam, we now call on the DEP and the Department of Conservation and Natural Resources to release additional materials to the public," said CCJ executive director Raina Rippel.

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O-R, Coalfield Justice: Make report public

By Bob Niedbala, Staff writer, niedbala@observer-reporter.com
March 31, 2010

The Center For Coalfield Justice and the Observer-Reporter have filed a right-to-know request seeking release of reports prepared for the state regarding damage to the Duke Lake dam at Ryerson Station State Park.
The request was filed Tuesday with the state Office of Open Records. It was joined by state Rep. Bill DeWeese, D-Waynesburg.

The request seeks the release of consultant reports referenced in a state Department of Environmental Protection interim report on the Ryerson damage claim, in which the DEP concluded damage to the dam was caused by mining activities associated with Consol Energy Inc.'s Bailey Mine.

"We believe (the reports) should be made available to the public," said Raina Rippel, director of the Center For Coalfield Justice.
Rippel said the group believes the reports may contain information refuting regulations the DEP follows in determining damage on the surface caused by underground mining.
In issuing mining permits, the DEP presumes surface structures will not be damaged outside a 35-degree angle of influence above an underground mine. The center believes these permitting assumption are incorrect and state mining law is based on this faulty assumption.

"We have a very strong feeling the results, particularly out of the Gannett Fleming report, calls this into question," Rippel said. Gannett Fleming was initially employed by the state to determine the cause of the problem at the dam.

Park Burroughs, editor of the Observer-Reporter, agreed the documents should be made available to the public.

"We feel these are public documents; they were researched and written with taxpayer money and the public has a right to review them," he said.

The request asks for reports referenced in a publicly released DEP report entitled "Ryerson Station State Park Ryerson Station Dam Damage Claim SA1736 Interim Report."

The reports include those prepared by consultants specifically on factors associated with damage to the Duke Lake dam.

It also asks for reports addressing possible subsidence in other instances, including a report on the undermining of Interstate 70 in Washington County and one on the apparent ground movement at the Holbrook Compressor Station adjacent to Ryerson park.

In February, DEP determined longwall mining at the Bailey Mine was responsible for ground movement that damaged the dam at Ryerson Station State Park. Consol has disputed the claim and appealed the decision to the state Environmental Hearing Board.

The 62-acre lake was drained July 29, 2005, after inspections by DEP and DCNR 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.

A DEP spokesman could not be reached Tuesday afternoon for comment.

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DEP Rules Mining Damaged Dam
Bob Neidbala, staff writer, niedbala@observer-reporter.com
February 17, 2010

The state Department of Environmental Protection has determined 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.
DEP had initiated the investigation following a decision by Allegheny County Court in a lawsuit filed by the state Department of Conservation and Natural Resources against Consol seeking $58 million in damages for the dam.

A court order, issued in October 2008, directed DCNR to file a claim with DEP under the state's Bituminous Mine Subsidence and Land Conservation Act for damage sustained at the dam.

DEP said its decision came following an extensive analysis. "These findings were based on concrete information from Consol, the Department of Conservation and Natural Resources, DEP files and months of site observations," said Michael Terretti, DEP's director of mining operations.

"The department stands behind its findings and will now move into the second phase of its investigation, which is to address the appropriate remedy," Terretti said.

Consol spokesman Joe Cerenzia said the company was disappointed in DEP's decision.

"Our position is that we don't believe (the damage was) mine related and we intend to appeal the decision to the state Environmental Hearing Board," he said.

Cerenzia said mining in the area took place more than 1,000 feet from the dam, far enough away to prevent any damage. The company's mining plan also had been approved by DEP, he said.

DEP's interim report on the dam concludes that except for longwall mining, no other activity took place in the spring and summer of 2005 that could account for the movement of ground 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 typically predicts, DEP said.

This was the case with the Ryerson Station dam incident where DEP found a number of other examples of subsidence such as pipeline buckling and road and stream heaving.

DEP also discovered several instances of ground movements in areas beyond the customary prediction area in its files and in examples Consol identified throughout Appalachian coal fields.

Raina Rippel, director of the Center for Coalfield Justice, said with the decision the group felt justified in its belief damage to the dam was caused by subsidence.

"All along we felt we knew this was related to longwall mining," Rippel said. "Obviously, we're not surprised (with the decision) and we feel the results are well overdue."

Rippel also said the group feels damage to the dam points out a flawed mine permitting process, in that DEP based its determination of where subsidence damage would occur on the surface on a theory which unfortunately did not hold true in this case.

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

Regarding DEP's issuance of the mining permit, Weaver said, the permit had been issued after it was determined to meet all the required standards.

What happened to the dam was unfortunate, he said. "No one could have expected it to happen." Weaver said it was still too early to speculate on whether this case would lead to any changes regarding mining standards.

DCNR's staff, working with the engineering firm Gannett Fleming Inc., has continue to develop plans to replace the dam, DCNR spokeswoman Chris Novak said.

"We hope to start design of a new dam in the spring," she said. "We expect that construction on a new dam would begin sometime in 2012."

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Dance Mob Intercepts Coal Executives in Pittsburgh!

Activists from the PA Sierra Student Coalition and PA Alliance for Coal Free Generation staged a flash dance mob earlier today along the route of a “Just Ducky” tour from the International Coal Conference. Check out this video of the action.

“We were out there to show that regardless of what the coal industry is claiming, coal is dirty, outdated and is poisoning communities. We can do better,” said Sasha Shyduroff, an Organizer with the Sierra Student Coalition.

The Dance Mob was part of actions happening throughout the week of September 21st during the International Pittsburgh Coal Conference and G20 Summit

Video can also be viewed on YouTube

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"Flash Mobs" Test Pittsburgh's Tolerance
By Robin Acton and Betsy Hiel
Pittsburgh Tribune-Review (video available online)
September 22, 2009

Pittsburghers carried on business as usual throughout the city Monday ahead of the Group of 20 economic summit, which brought artistic demonstrations to Downtown streets and city parks and led two groups to accuse police of harassment.

Workers erected barriers around federal buildings, security officers patrolled sidewalks fronting banks and demonstrators organized several educational events, but police reported no problems with protesters and no arrests. Amid the preparations, the American Civil Liberties Union filed a federal lawsuit on behalf of two groups -- Seeds of Peace and Three Rivers Climate Convergence -- which claim Pittsburgh police illegally targeted and harassed them.

Mayor Luke Ravenstahl said: "What I will tell you is we believe that we have a well-trained police force that is going to use their training and expertise to keep everybody safe while balancing the First Amendment rights of those that are in our city."

Demonstrators and visitors faced off a few times as "flash mobs" gathered suddenly in public places to perform.

A Just Ducky Tour boat carrying experts in town for the International Coal Conference was blocked in the afternoon near Roberto Clemente Park by three young people on bikes, who unfurled a poster that read, "It's time to move beyond coal."

Liadi Mudashiru, a research associate from an energy institute at New Castle University in England, shouted back: "We support coal. Coal is very safe. ... Coal is going to be very important for the world's energy security in the future."

Dressed in a T-shirt that read "Coal is Dirty," Raina Rippel, 35, a director of Coalfield Justice, countered that mining and waste disposal help to create a "ring of fire" around Pittsburgh.

Earlier in the day, a flash mob of protesters wearing bathrobes and covered in German, English and U.S. flags appeared at Seventh and Penn avenues to serve as a "wake-up call" for G-20 leaders about climate change.

Kim Huynh, 22, a climate activist from the Avaaz organization, said the group wants "a fair, ambitious and binding treaty at the Copenhagen negotiations" in November.

Today, U.S. District Judge Gary Lancaster will hear arguments on the ACLU lawsuit that seeks monetary damages and an injunction prohibiting police from searching or detaining group members without a warrant. It asks for a restraining order to prevent police from asking for identification without making an arrest.

Seeds for Peace activists said they've experienced a "pattern of harassment" from law enforcement since Friday. Peter Dolan of Olympia, Wash., said two officers searched their parked vehicles in Polish Hill that afternoon without a warrant and detained the owners when they objected.

The lawsuit claims police illegally searched and seized a bus and forced members to pay $220 to retrieve it from the tow pound.

On Sunday night, 30 officers armed with semiautomatic weapons raided private property in Lawrenceville and attempted to search the buses with no warrant, the group claims. When the owners declined, police detained four group members on loitering charges for two hours before letting them go with no citation, the lawsuit states.

The activists said they found another place to park the buses -- on private property, behind a fence, on Sassafras Street in Oakland. However, Dolan said more than 40 officers, some carrying assault rifles, approached the home Sunday night.

"One officer said that I needed to take a shower and that I was trying to bring swine flu to the state and I was, therefore, a Homeland Security threat. They keep trying to intimidate us," Dolan said.

Last night, a roving police patrol stopped a Seeds for Peace bus shortly before 7:30 p.m. in the 500 block of Larimer Avenue. Activists wouldn't allow officers to search the bus, so they called in the city's vehicle inspection unit.

They cited the driver, Randy Mark of Montana, for failing to have a license that would allow him to operate a bus and for parking on a sidewalk, which the activists said happened after they were pulled over.

"It kind of seems wherever we go and no matter what we do, this happens," said Mark.

On Sunday, police initially blocked the G-6 Billion group from marching on a sidewalk that runs underneath the David L. Lawrence Convention Center. Group members said Pittsburgh police Sgt. Sean Duffy later apologized for not reading the permit. Duffy could not be reached for comment.

Organizers reported no incidents yesterday in Point State Park, where groups set up a tent city in homage to war refugees worldwide. Representatives from Black Voices for Peace, Students for Justice in Palestine, Code Pink, the Women's International League for Peace and Freedom, Veterans for Peace and Iraq Veterans Against the War strung banners spelling out "peace" in all the languages of the G-20 nations.

"We realized that 80 percent of the victims of the wars in Iraq, Afghanistan and other countries are women and children," said Francine Porter of Shaler, director of Pittsburgh's Code Pink chapter. "We thought that our groups were the best to raise public awareness about a global refugee crisis."

Porter and other activists blamed the United States and its G-20 allies for continuing "imperialist" policies that place nations on a constant war footing. They advocate slashing the defense budget and bringing troops home from the wars in Afghanistan and Iraq.

"The U.S. faces too many challenges at home. We need to take the funds we're spending on war and use them for housing, food, education, health care for people in this country," said Porter, a critical care nurse.

At noon, amateur poets gathered at the park entrance. Some read original works about humanity, homelessness and drug addiction, while others relied on the works of Pablo Neruda, W.H. Auden, Thomas Blackburn and Walt Whitman.

"My brother went to Iraq," said Jay Brunell of Bethlehem. "He died over there. When he came back, the man I hugged was dead."

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Ads tout future without coal: Campaign urges transition to renewable energy
By Don Hopey
Pittsburgh Post-Gazette
Friday, September 18, 2009

All those hunky, dirty-faced coal miners staring from the region's billboards and touting coal's role in powering America have a new anti-coal ad campaign to look at.

The Pennsylvania Alliance for a Coal-Free Generation yesterday unveiled a billboard, bus stop and Internet ad campaign that confronts the coal industry ad claims of clean coal and urges a transition to renewable energy sources and more efficient technologies.

"We need to start challenging the coal billboards where the industry falsely advertises 'clean coal' and begin to draw attention to the truth," said Raina Rippel, executive director of the Washington, Pa.-based Center for Coalfield Justice, during a news conference at Forbes Avenue and Craig Street, where "A Coal-Free Future" ad adorns a Port Authority Transit bus kiosk.

The $15,000 ad campaign, developed by the alliance over the last year, also has billboards along Bigelow Boulevard and Banksville Road.

This year the industry-backed American Coalition for Clean Coal Electricity is spending more than $40 million on advertising touting the power production and patriotism of coal use.

Far from the industry's ad image, coal mining destroys communities through subsidence and pollutes the environment, said Randy Francisco, Sierra Club Pennsylvania campaign organizer.

"The Pittsburgh region is so tied to a coal-fired economy that it may lose out to other areas as the nation transitions to more sustainable energy sources," Mr. Francisco said. "I think we're poised for a transition to wind and solar and green buildings and can take the lead, though it will take a while."

In addition to the Sierra Club and Center for Coalfield Justice, other groups in the alliance include the Citizens Coal Council, Clean Water Action, the Environmental Integrity Project and the Mountain Watershed Association.

More information on the coal-free campaign is available on the alliance's Web site at www.CoalFreeGeneration.com.

Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.
First published on September 18, 2009 at 12:00 am

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Groups Against Federal Mining Nominee

By Don Hopey
Pittsburgh Post-Gazette
Thursday, August 6, 2009

Pennsylvania environmental groups have asked the Obama administration to put on hold its nomination of state Department of Environmental Protection mining official Joseph Pizarchik to head the federal Office of Surface Mining.

Mr. Pizarchik's nomination to the Interior Department position is opposed by the coalfield groups because of his involvement in decisions that favor the coal industry in Pennsylvania.

His hearing before the Senate Energy and Natural Resources Committee is scheduled for today, but the groups want it pushed back to after the August Congressional recess.

"We feel the process is being rushed through and hope we can get this delayed," said Raina Rippel, director of the Center for Coalfield Justice, a multi-state citizens group in Washington, Pa. "The actions Joseph Pizarchik has taken in Pennsylvania have been detrimental to coalfield citizens."

Joining the call to delay the hearing so the groups can provide more input are the Mountain Watershed Association, Citizens Coal Council and the Environmental Integrity Project. The groups have delivered letters to the committee chairman, Sen. Jeff Bingaman, D-N.M., containing 128 signatures of coalfield residents.

Aimee Erickson, of the Citizens Coal Council, said that in 1994 Mr.
Pizarchik, then a DEP attorney, was on an ad-hoc committee that wrote amendments to the state mining law that allowed for filling of stream valleys with coal waste, an amendment sought by the mining industry. She said that during his decade at the DEP, where he is currently director of the Bureau of Mining and Reclamation, he also allowed the controversial practice of dumping coal ash in abandoned mines.

"The scheduling of this quickie hearing allows for no citizen input into the confirmation process," said Krissy Kasserman, Youghiogheny Riverkeeper with the Mountain Watershed Association. "Decisions made by Mr. Pizarchik while he was with the Pennsylvania Department of Environmental Protection have had serious negative impacts on the lives of coalfield citizens, and those citizens deserve a chance to participate in the process."

Mr. Pizarchik declined to comment and referred questions to the Interior Department. Kendra Barkoff, press secretary to Interior Department Secretary Ken Salazar, said it is department policy to restrict access to nominees until after their hearing. She defended the nomination.

"After a lifetime dedicated to balanced, innovative natural resource management, Joe Pizarchik is highly qualified to lead an agency that is regularly called to manage contentious issues," Ms. Barkoff said. "He is fair-minded, listens to all perspectives, and has a deep commitment to protecting our nation's lands, waterways and communities, and enforcing our environmental laws."

Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.
First published on August 6, 2009 at 12:00 am

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Allegheny Energy gets permits

Observer Reporter
Tuesday, May 5, 2009

The state Department of Environmental Protection issued three permits Monday that will allow Allegheny Energy to expand its landfill at the Hatfield's Ferry Power Station.

The expansion will permit the company to operate the plant's new scrubber system, which will significantly reduce air pollution emitted from the plant.

The permits include a modification to expand the landfill adjacent to the Hatfield station; a permit to collect and treat leachate, contaminated water that collects from landfills; and a water encroachment permit to fill in a wetland and build a replacement.

The scrubbers, expected to begin operations this year, will generate a threefold increase of waste, DEP said. Expanding the landfill is necessary to manage the additional waste and extend its useful life.

Scrubbers reduce the amount of particulate matter and sulfur dioxide emitted from power plants. The equipment at Hatfield's Ferry is expected to reduce sulfur dioxide emissions by 255,000 tons a year and particulate matter by 1,900 tons a year.

The reduction in air pollutants will mean an increase in the amount of solid waste generated at the plant. Solid wastes will increase from 445,000 tons to 1,780,000 tons a year, DEP said.

Allegheny Energy's existing landfill covers 187 acres. The company will expand the landfill by 180 acres and increase the disposal area by 106 acres.

The proposed expansion area will include a liner system and provide an additional 14.1 million cubic yards of disposal capacity, which will allow the site to be used for at least seven and a half years beyond the current permit expiration date of Nov. 1, 2009, DEP said.

The existing landfill site does not have a liner but will be capped with a liner to prevent water from permeating the site, DEP said.

During an environmental assessment completed April 30, 2007, Allegheny Energy demonstrated the landfill expansion would generate social and economic benefits that outweigh any potential environmental harms.

As an example, DEP noted that were Allegheny Energy not to expand the existing on-site landfill, it would have to develop a new disposal site at a more distant location from the plant.
This would result in an estimated increase of 350 truck trips a day carrying this waste over public roads, DEP said.

Two public meetings were held during the technical review of the landfill permit modification. The first, in November 2005, was for local public officials. The second, in June 2007, was an environmental justice meeting conducted by DEP and Allegheny Energy.

Copyright Observer Publishing Co.

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DEP OKs plan for creek fix

Observer-Reporter
Wednesday, December 24, 2008

By Michael Jones, Staff writer

mjones@observer-reporter.com

The state Department of Environmental Protection has approved a plan to fix a Washington County creek that is now dry because of mine subsidence.

Consol Energy Inc. said it will work to fix Craft Creek in Morris Township by leveling high points of the stream bed in an attempt to restore the water flow. Work is expected to begin when temperatures move
above freezing for several consecutive days.

A DEP inspector last month found that stretches of Craft Creek and four tributaries were dry because of subsidence caused by longwall mining at Consol's Enlow Fork Mine.

The mining company submitted a stream restoration plan before the Dec. 12 deadline, and the DEP approved it Friday. DEP spokeswoman Helen Humphreys said heavy rainfall in recent weeks has reinvigorated the creek, but the department still expects Consol to permanently fix the 1,000-foot portion of impacted stream within a "reasonable" time frame.

"They'll have to essentially shave enough of the high point to allow for it to naturally flow again," Humphreys said.

Morris Township Supervisor Scott Finch said he has regularly checked Craft Creek and thinks the mining has affected a larger portion than previously thought. He claimed to measure more than 7,000 feet of "bone
dry" stream bed along with the other tributaries that feed the creek.

"The only time I've seen it running is when it's raining," Finch said. "They can repair the creek, and it will carry the storm water, but the lifeblood of the creek is gone."

According to the rehabilitation plans, Consol also may do additional work to strengthen the banks of the creek. Humphreys said a small manmade dam breached years ago, causing problems to the banking unrelated to the mine subsidence.

However, more permits might be needed to complete that work, so Consol requested and received an additional 30 days to submit a plan on that particular job.

"It's something the DEP wanted us to include in the restoration work because we're in that neck of the wood," said Tom Hoffman, Consol's senior vice president of investor relations.

Meanwhile, the Center for Coalfield Justice recently petitioned the acting DEP Secretary John Hanger to force Consol to idle the Enlow Fork Mine because of the subsidence. Raina Rippel, executive director of the
organization, suggested Consol use room-and-pillar mining techniques to reduce the chances of harming Craft Creek and other streams in the area.

"Longwall mining as currently practiced in Pennsylvania has had disastrous consequences for the commonwealth's water resources and to the many undermined communities," Rippel said. "The DEP must halt operations at Enlow Fork immediately until it can be proven that no additional damage will occur."

DEP officials maintained that Consol is following proper procedures to fix the creek.

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39 groups protesting coal ash rule change

Tuesday, December 23, 2008

By Don Hopey, Pittsburgh Post-Gazette

Thirty-nine environmental groups are urging President-elect Barack Obama to reject a pending federal rule that will make it easier to dispose of coal combustion waste from power plants in abandoned mines despite risks of water contamination.

The groups, including eight from Pennsylvania, say coal ash has already polluted water in 23 states and the new rule would open the way for more pollution by failing to require consideration of risks to human health and the environment before new disposal sites are approved.

They say stronger regulation of the coal ash and "common sense safeguards" to prevent drinking water contamination, as recommended by a 2006 National Academy of Sciences review, is warranted.

"Disposal of coal ash in mines is a growing practice that threatens the health and environment of coalfield communities," said Lisa Graves Marcucci, president of Jefferson Action Group in Jefferson Hills, who noted that 120 abandoned mines are already used for ash disposal in Pennsylvania.

Coal-fired power plants produce approximately 129 million tons of waste ash a year, the second-largest industrial waste stream in the nation. About 25 million tons are dumped in coal mines, including 6 million tons annually in Pennsylvania.

The waste contains numerous hazardous materials including arsenic, selenium, lead, mercury, cadmium, chromium, boron, thallium and molybdenum. Water pollution has resulted in Pennsylvania, West Virginia, Indiana, North Dakota and New Mexico.

The Pennsylvania Department of Environmental Protection allows for the "beneficial use" of high alkalinity coal combustion waste in mine reclamation projects, if properly placed above the groundwater table and capped with topsoil and re-vegetated to reduce contact with rainwater.

The pending rule by the U.S. Office of Surface Mining and the U.S. Environmental Protection Agency is the latest in a series of controversial, end-of-term rule-making actions by the Bush administration aimed at easing environmental regulations to benefit various industries.

An example is the Dec. 12 rule issued by OSM eliminating a 100-foot buffer zone around streams and make it easier for coal mining companies, especially those engaged in "mountaintop removal" mining, to dump rocky waste in valley streams. A lawsuit challenging that rule was filed yesterday by five environmental groups in U.S. District Court in Washington, D.C.

In a letter to Mr. Obama released by the groups from 10 states yesterday, he is asked to send the coal ash rule back to OSM and the EPA and restart the rule-making process to allow for comment by environmental groups as well as industry.

"These 11th hour rules gut consumer protection and environmental laws for the sake of special interests," the groups said in the letter. "The coalfield residents will be unfairly excluded from receiving the same basic environmental safeguards enjoyed by the rest of the country."

The OSM proposed a draft rule in March 2007 permitting the disposal of coal combustion waste in mines. It attracted almost 2,000 public comments voicing concern. In August 2007 the EPA's own assessment of ash disposal found high risks to human health and the environment from the disposal of coal ash in waste ponds and landfills.

"EPA has made no attempt to assess the threat posed by disposal of coal ash in mines but instead passed the responsibility for regulation to OSM," said Aimee Erickson, coordinator for Citizens Coal Council, a Washington County-based citizens group. "If OSM permits the dumping of coal ash in mines, it will allow the creation of illegal open dumps."

Other Pennsylvania groups signing the letter are the Pittsburgh-based Group Against Smog and Pollution; Mountain Watershed Association in Fayette County; and four Washington County groups, the Center for Coalfield Justice, Residents Against Power Plant, Ten Mile Creek Watershed Conservancy and Ten Mile Protection Network.

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Task force submits plan for reopening Duke Lake

Group seeks rebuilt dam, dredging, addition of trail

Sunday, September 14, 2008

By Janice Crompton, Pittsburgh Post-Gazette

One of the most popular fishing and recreational spots in Greene County soon may be on its way to recovery as a result of state and local cooperation.

A task force dedicated to reopening the 62-acre Duke Lake in Ryerson Station State Park met recently and forwarded its design ideas to the state Department of Conservation and Natural Resources, which is now
reviewing the data.

The group of local officials and state representatives has met several times since the lake was drained in July 2005 after cracks began developing and expanding in its concrete dam.

Dam redesign plans are moving forward despite ongoing litigation with Consol Energy, which was sued for more than $58 million earlier this year by the DCNR over the company's Bailey Mine, believed to be the cause of
the dam failure.

Company officials maintain the mine was too far from Duke Lake to cause subsidence damage, but a $1.2 million study ruled out natural causes last year.

DCNR Press Secretary Christina Novak said that ideas generated by the task force have been submitted to a design company, the Maguire Group, for review.

The company is expected to take six to eight weeks to review the material, after which it will develop a design program outlining the specific tasks necessary to complete the design, time schedule and the estimated cost, Ms. Novak said.

The company also will begin gathering additional topographic survey information that it believes necessary to support the design, she said.

Along with a rebuilt dam, task force member Harry Gillespie, of the Friends of Ryerson citizens group, said the designers would be asked to look at some new features, such as a walking trail around the lake, more cabins and habitat improvement.

Dredging several feet of sediment from the now-dry lake bottom would create a deeper impoundment and the opportunity to stock a wider variety of fish, he said.

"It will certainly be better because it will be dredged," Mr. Gillespie said of the lake.

Members of the Center for Coalfield Justice, who sponsored the second DRYerson festival in July to mark the third year that the lake has been closed, said they were optimistic that improvements would begin soon.

"I am certainly hopeful that this recreational asset will return to Greene County," said executive director Raina Rippel.

Ms. Rippel cautioned that monitoring and testing for subsidence damage should continue to ensure the dam's future stability.

"These impacts can take place over months," she said. "It's a terrible shame when community resources like this are taken away."

State Rep. H. William DeWeese, D-Waynesburg, said he and fellow task force member state Sen. J. Barry Stout, D-Bentleyville, have been monitoring progress.

"Sen. Stout and I have been in regular contact with DCNR to assure that the project moves forward and does not get buried beneath other plans," Mr. DeWeese said in a recent statement. "[DCNR] Secretary Mike DiBerardinis is to be commended for responding to our requests and for pursuing a course of action with vigor."

In the same statement, Mr. Stout said the task force is seeking ways to fund the improvements with the help of Gov. Ed Rendell.

The 1,164-acre park, opened in 1967 for picnicking, hiking and camping, also has a swimming pool. The concrete dam across the north fork of the Dunkard Fork of Wheeling Creek was built in 1960.

Janice Crompton can be reached at jcrompton@post-gazette.com or 724-223-0156.

First published on September 14, 2008 at 12:00 am

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Observer-Reporter

Thursday, September 11, 2008

Environmental groups challenge designation

Three environmental groups Wednesday submitted a report to the Pennsylvania Department of Environmental Protection, challenging an attempt by Consol Energy Inc. to have Grinnage Run in Gray and Richhill
townships in Greene County redesignated from a high quality-warm water fishery to a warm water fishery.

Youghiogheny riverkeeper Krissy Kasserman of the Mountain Watershed Association said, "The report shows that Grinnage Run once met its high quality designation and that, with appropriate measures in place, it will
once again. The report cautions that Grinnage Run will never again meet its high quality designation if Consol's petition is granted and the company is permitted to conduct the underground mining activities that it seeks through its petition to allow."

Terri Davin, community organizer for the Center for Coalfield Justice, said, "For too long, the coal industry has damaged our streams, leaving pollution behind that is destroying our watersheds. Grinnage Run has largely and miraculously eluded this damage, and we intend to keep it that way. If Consol succeeds in its plan to downgrade the stream, residents and businesses in Greene County will suffer."

Brian Glass, staff attorney for PennFuture and counsel to the environmental groups, said, "Under the law, a stream may not be downgraded if at one time it attained its designated level of protection, as Grinnage Run did. A stream also may not be downgraded if it could once again attain its designated level of protection, as Grinnage Run can."

On Aug. 16, 2006, Consol submitted a petition for rulemaking to the Pennsylvania Environmental Quality Board, an independent board that reviews and approves all of DEP's regulations, asking to downgrade Grinnage Run basin from its source to the confluence with Grays Fork. DEP has been charged with studying the issue and reporting back to the EQB with its recommendation.

The three environmental groups claim the report filed Wednesday demonstrates that it would be contrary to both Pennsylvania and federal law to redesignate Grinnage Run and is meant to inform DEP's study and the EQB's decision making.

(Read the study...)

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Rustbelt Radio story on Ryerson Lake

September 3, 2008

pittsburgh.indymedia.org/news/2007/09/27987.php?cover=print#4_00_Dry_erson_Lake

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Festival today marks draining of lake that stood in Ryerson Station State Park

Damage to a dam, which some say was caused by mining, resulted in a park lake that no longer holds water

Sunday, July 27, 2008

Pittsburgh Post-Gazette

[ Image ]
Rebecca Droke/Post-Gazette
The site of Duke Lake in Ryerson Station State Park in Greene County is now dry. It was drained three years ago after cracks developed in a dam.

The Center for Coalfield Justice and the Wheeling Creek Watershed Conservancy will sponsor the second annual DRYerson Festival from 11 a.m. to 3 p.m. today to mark the third year since Duke Lake in Ryerson Station
State Park was drained because of a fracture in a dam.

The festival sponsors note that the draining of Duke Lake killed many fish and aquatic life and destroyed a major recreational asset of the community.

The state has sued Consol Energy Inc., claiming it lied about the risks of mining under the park and caused the failure of the dam.

The lawsuit, filed Jan. 31 by the state Department of Conservation and Natural Resources, marks the first time that a state agency pointed the finger at the coal company for extensive damages to the park.

Local environmental groups and others have been urging the state to go after the Upper St. Clair-based mining company for what they believe is subsidence damage caused by the Bailey Mine. They also put some of the
blame on the state for its failure to properly monitor and restrict longwall coal mining in certain areas.

The state hopes to rebuild the dam.

The theme of today's event is "Let's get the D out of Dryerson." The festival at the site of the lake aims to recall memories and rally supporters to take a stand against the future destruction of lakes and streams by coal companies.

The activities will be at Ryerson Station State Park, Pavilion 3 off Bristoria Road in Richhill, Greene County.

Free food, games for adults and children, an educational program, prizes and raffles will be offered.

The Greene County Bassmasters will conduct a casting contest for teenagers and provide a seminar on casting and boat safety tips. The state Department of Conversation and Natural Resources will give a guided
tree identification tour of its newly planted trees and a fly-tying demonstration.

Also, to celebrate Pittsburgh's 250th anniversary, the Center for Coalfield Justice is working with WYEP and Allegheny Front to provide an oral history of the Wheeling Creek Watershed, including Ryerson State
Park, by Cliff Amos, of Greene County.

For information, directions or to volunteer, contact the Center for Coalfield Justice at 724-229-3550 or info@coalfieldjustice.org.

First published on July 27, 2008 at 12:00 am

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