This news story originally provided by The Charleston Gazette

August 16, 2005

Massey dam leaking, feds say

By Ken Ward Jr.
Staff writer

Federal mine safety inspectors have found “widespread” leaks from a Massey Energy coal waste impoundment near a Raleigh County elementary school, a radio news report said Monday.

The U.S. Mine Safety and Health Administration discovered the leaks at Massey subsidiary Goals Coal Co.’s Shumate Impoundment, according to the report on West Virginia Public Broadcasting.

The impoundment is just up the hollow from Marsh Fork Elementary School, near Sundial.

MSHA inspectors noted the seeps on each monthly review of the dam from June 2004 through March 2005, according to the report.

“Some of the reports describe the seepage as coming through the foundation of the dam or through the hillsides — where the dam meets the hills,” reporter Dan Heyman said in the story, broadcast Monday morning. “Some also cite seepage around the edges or the toe, the very bottom tip of the dam.”

Since late June, the Goals Coal site has been under increasing scrutiny from regulators and coalfield residents.

On June 30, state Environmental Protection Secretary Stephanie Timmermeyer renewed permits for the impoundment and approved construction of the second of two new coal silos at the site.

Last month, DEP rescinded the silo permit, after learning that the structure was built outside the operation’s original permit boundary. Under state and federal law, no new mining operations are allowed within 300 feet of a school. Initially, DEP said the Goals site was exempt from that rule because the area was part of a permit boundary before the 1977 federal strip mine law was passed.

In the public radio report, an MSHA spokesman said that its inspectors do not believe the dam leaks indicate any danger to nearby residents or Marsh Fork students.

“Based on the information we obtained from inspectors, there is no safety concern at this time at this site, but MSHA will continue to conduct regular inspections as required,” said the spokesman, Dirk Fillpot.

Jessica Greathouse, a spokeswoman for the state Department of Environmental Protection, said her agency likewise does not believe the seeps indicate any danger.

“Our agency has conducted consistent inspections on the Shumate Impoundment, and our inspectors and our Division of Mining and Reclamation director feel that that impoundment is safe,” Greathouse told Public Broadcasting. “Now, any seepage that we may have found is seepage that needs to occur. Had we found any signs of concern at the Shumate Impoundment, we would have immediately taken action to make the sure problems were corrected.”

But Davitt McAteer, a longtime mine safety expert who ran MSHA during the Clinton administration, said the leaks are something to be worried about.

“Well, I think that what you have to say is that it’s an indicator that you’ve got a potential problem,” McAteer said. “It doesn’t mean imminent failure, but it tells you that you ought to take a look at things.”

To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.