Update 6/17/10:
The West Virginia DEP has issued an Imminent Harm Cessation Order and 3 Notices of Violations in response to the pond failure incident. Catenary Coal was cited for sediment control, downslope spoil disposal and operating off their permit for the EnviroFlocc tanks. The company has been ordered to restore the retention pond to full working capacity, repair off site damages to the stream and neighboring property, and remove the illegally placed tanks of flocculant. Fines have yet to be assessed.
This now makes 7 violations on the Kayford South Mine in the last 12 months, some for a similar incident to Gardner Branch. Further problems with downslope spoil disposal could make this mine a candidate for a Show Cause hearing.
Spill below valley fill on the Clear Fork of the Coal River, Raleigh County. Photo by Andrea Lai.
DOROTHY, W.Va.—A large volume of water gushed from the area of a retention pond at Caternary Coal’s Kayford South Surface Mine yesterday, leaving an approximately 40-foot-wide swath of rubble and mud and heavily sedimented water, down Gardner Branch past houses and into the Clear Fork of the Coal River. Through investigating the spill, citizens found a tube from a flocculent tank going into Gardner Branch below the failed retention pond.
The state’s Department of Environmental Protection was on the scene yesterday evening and, according to inspector John Vernon, two violations were issued: one for off-site damage and a imminent harm cessation order. Two EnviroFloc containers were sitting below the retention pond and had a tube running into the creek, and the DEP is still investigating their placement. According to the GPS reading taken at the flocculent tanks, the tanks are located outside of the surface mine permit boundary. See the satellite imagery below for more detail.
According to DEP Inspector John Vernon, it was too late in the evening for a water violation to be issued, and the debris that washed down stream did not come primarily from the valley fill or pond. Almost all of the material deposited near the roadway came from the large volume of water scouring out the natural stream channel. Eyewitness accounts report that the retention pond was full of black material and there was an obvious breech in the retention wall of the pond.
Some damage did occur to structures and homes in the path of the spill, and the DEP assured that the damage will be fixed.
Flocculent tanks appear to be outside the surface mine permit boundary at Catenary's Kayford South Surface Mine. Image created using Google Earth.
The DEP’s website lists three violations in the last three years at this outfall and valley fill:
- 8/02/09: Diversions and drainage control, “Failed to construct and maintain diversions on the top of valley fill 1,” which is the valley fill above this outfall.
- 6/16/09: Effluent limits at same outfall for aluminum runoff
- 5/02/07: Downslope spoil disposal, “Failed to protect off site areas from damage occurring during surface mining operations in the area above valley fill no. 1.”
Nice Work folks! Go get um.
I’d like to know what houses where damaged??? None that I have seen! Also, how exactly does a pond that has fresh water (clear) suddenly turn black when no slurry or coal is/was located in or around that pond? Also don’t forget to mention the huge volumes of heavy downpours in a small amount of time.
Great job CGZ with making people more aware of what is going on. Thank you.
A blast was witnessed not to long ago…only about 3 weeks ago near the top of that valley fill. This means there is mineral removal in the area and it is entirely possible that a coal pit full black water over flowed or broke through some sediment structures or was intentionally released. I would not be surprised if Massey took advantage of the rain and instead of having to deal with lots of black water on site after the storm they just got rid of it when they thought they could while the river was high. Massey probably did some “de-wartering” of all its impoundments also during that storm and it will go unnoticed.
Are you that fucking dumb??? Massey doesn’t own this mine! And a coal pit doesn’t turn black when it rains, black water is a term used for slurry. Surface mines have no slurry, impoundments have slurry. And de-watering is a normal part of an impoundment, the flocculants put in the slurry makes the coal fines sink to the bottom, and in the back of the pond where the fresh water is, there is a de-watering pump which pumps water, and not slurry, to a sediment pond where any dirt particles sink, and then it is pumped back to the plant to be used again. The water that does make it to the river is treated with the same stuff that septic plants use in order to clean waste before it is release into the river. So it meets WVDEP and EPA criteria before it is released from the impoundment sediment ponds.
This mine is operated by Patriot Coal who bought from Arch a little bit ago. No one is claiming that this is a blackwater or slurry event. The information about homes being damaged and a cessation order came directly from the DEP inspector. We have done nothing here but report the facts. A retention pond failed at the toe of a valley fill causing a large volume of material to wash down Gardner Br into Clear Fork. Upon DEP inspection, the site was found to be in violation and a cessation order was issued. Love surface mining or hate it, but that’s the facts of what happened.
What homes where damaged??? I seen none! I overheard a conversation about this at the Whitesville One Stop and a “hippie” that isn’t even from around here, was telling some elderly person that a “wall of black water came out before the rocks.” I just figured it would be on here sooner or later.
the thing i don’t understand is why these pro-mountain/water destructionists think that any of us that are fighting this have legitimate reason to lie about anything???? we have NOTHING to gain except the preservation of our mountains and water. it’s just not logical that we would make anything up. ?????
Actually after re-reading this post, it says in the post that ” Eyewitness accounts report that the retention pond was full of black material.” I highly doubt that black material was present in this pond at the time, seeing as how coal extraction doesn’t take place on a fill, and they have no slurry, I wonder where this “black material” came from??? Maybe the “eye witnesses” had a little to much acid before they went exploring??? Causing their imaginations’ to run wild???