This news story originally provided by The Register-Herald

August 17, 2005

MSHA, DEP find no problems at Massey dam in Sundial

By Mannix Porterfield/REGISTER-HERALD REPORTER

Despite a broadcast report, federal and state officials disavow any knowledge of threatening leaks at a Massey Energy coal waste dam in Raleigh County and say, in fact, they have detected no problems there.

A Charleston newspaper Tuesday quoted West Virginia Public Radio as reporting that the federal Mine Safety and Health Administration found leaks at the Sundial installation.

For all this summer, the impoundment has been a source of controversy, given its close proximity to Marsh Fork Elementary School. The dam is part of a Massey subsidiary, Goals Coal Co.

Various protests have been staged, portraying the dam as a public safety hazard.

But Suzy Bohnert of MSHA's office of public affairs in Arlington, Va., said the agency "did not find a problem, so there was nothing to correct."

"Based on information we obtained from inspectors, there is no safety concern at this site at this time," she said.

Bohnert said the federal agency "diligently" inspects mines and impoundments to make sure the health and safety of miners and communities they operate in aren't put at risk.

Jessica Greathouse, communications director for the state Department of Environmental Protection, said the story was based on MSHA's reports, while her agency examined the impoundment and uncovered no evidence of either leaks or structural problems.

"Any seeps found by DEP inspectors are those that must occur just by the very nature of an impoundment," she said.

"If we didn't find water coming from the underdrain, then we would have cause for concern. DEP is aware of MSHA inspections and their findings, and have found no cause for concern."

DEP Secretary Stepha-nie Timmermeyer renewed permits for the dam in June and gave Goals Coal a green light to erect a second silo, but then withdrew the latter's approval upon discovering it failed to lie within the original boundary of the permit. Specifically, new federal and state statutes forbid mine installations within 300 feet of a school.

Massey has been targeted by protesters, including many from out-of-state, in sporadic demonstrations by groups asserting the operation poses a risk to health by plumes of coal dust and a threat to the public's safety by the presence of the dam and silos.

Greg Thomas, a spokes-man for Massey, said MSHA doesn't inspect the dam monthly, but the firm performs its own inspections every seven days.

"Reports from MSHA, DEP, consulting engineers and our engineers do not indicate any problems with the impoundment," he added.