Murray Energy and Pennsylvania Agency Settle over 2009 Fish Kill

Murray Energy and a Pennsylvania agency have agreed to settle a lawsuit over a massive fish kill in Dunkard Creek in 2009.

Spokesmen for Murray and the Pennsylvania Fish and Boat Commission tell The Dominion Post that details of the tentative settlement won’t be released until it is finalized.

The commission filed the lawsuit against CONSOL Energy in 2011 in Monongalia County Circuit Court. The lawsuit alleged that discharges from CONSOL’s mines inWest Virginia killed about 43,000 fish and other aquatic life on a 30-mile stretch of Dunkard Creek spanning the two states.

Murray spokesman Gary Broadbent said Tuesday that the company inherited the lawsuit when it bought CONSOL subsidiary Consolidation Coal Company in 2013.

Broadent says the fish kill was caused by a golden algae bloom.

W.Va. Supreme Court: Pa. Commission Can Sue Over Dunkard Creek Fish Kill

The West Virginia Supreme Court has reversed a lower court’s decision and will now allow a Pennsylvania agency to sue a mining company after the 2009 fish kill at Dunkard Creek.

In a written opinion Thursday, justices reversed a ruling by Monongalia County Circuit Judge Russell Clawges. He ruled last year the Pennsylvania Fish and Boat Commission could not sue Consol Energy in a West Virginia court after the Dunkard Creek fish kill.

The kill occurred in 2009 after elevated levels of chloride and total dissolved solids were detected in the creek.

The waterway, which starts in Mon County and crosses the Pennsylvania border, was contaminated in West Virginia. The flow across the state line resulted in the killing of more than 50,000 fish and other aquatic species in Pennsylvania.

The neighboring state did not receive any compensation for the loss of aquatic life after a settlement between Consol and federal and state agencies was reached in 2011.

The PFBC’s suit for $1 million in damages must now be heard in circuit court following the Supreme Court’s ruling.
 

W.Va.-Pa. Stream Being Used In Gas Well Restoration Effort

A natural gas well fire in Greene County, Pa., is out after it burned for several days.

A stream that meanders along the West Virginia-Pennsylvania border is being used to help keep the site restored, as order is slowly coming back to the location.

Dunkard Creek is the stream being used to withdraw water as the site is being worked on.

“Dunkard Creek is flowing at the bottom of the hill, near the well site. We evaluated the withdrawal point and determined the volume of water they are requesting, and the rates that they will be pumping it, posed no threat to water quality,” said Scott Perry with the Pennsylvania Department of Environmental Protection.

The water is basically there as a safety net, in case another fire would start burning. Perry says that’s possible but unlikely.

The greatest threat at the site now, according to Perry, is methane venting out of the well, as workers try to replace the damaged well head. Perry says there are meters at the site that are set to alarm workers if methane levels get too high.

Dunkard Creek Restoring Itself Faster Than Expected

A fisheries biologist with the Division of Natural Resources, says the water body Dunkard Creek is doing an excellent job of restoring itself with aquatic life. This is the site of a massive fish kill back in 2009.

Almost five years ago, a golden algae bloom killed just about everything in the stream Dunkard Creek, which meanders through West Virginia and southwestern Pennsylvania. Among the victims were muskies and bass, but more importantly perhaps, the creek’s mussel population. Fisheries biologist Frank Jernejcic with the DNR says it’s going to take decades and decades for those to come back.

“We have stocked five species of mussels in the last two years. It will be a number of years before we can assess how successful they will be because reproduction is relatively slow. Mussels have a very unique reproductive cycle,” he said.

But the good news is that the creek is restoring itself. In fact, it’s happening at a much faster pace than even Jernejcic estimated. Jernejcic says 35 total species were wiped out in the kill. Almost that many various species are back.

“We’ve seen the small mouth and the muskies reproduce, muskies have returned in fairly good numbers, and we haven’t made the decision yet whether we will stock muskies in the next year or two. We may not have to, although our original program was to stock them every two or three years,” Jernejcic said.

The muskies are a key element to the creek, because it was a main attraction for local fishermen, according to Jernejcic. He says fishing enthusiasts aren’t using the stream as much as they were before, but he expects that to change, since the population is coming back.

“Muskies are a top predator, they are also a very desirable sport fish. I look at fish as being the final product that these streams produce. Dunkard Creek was certainly in the top 15 or 20 of muskie streams that we stock in West Virginia. It should be a destination now for muskie and small mouth fishermen,” said Jernejcic.

However, Jernejcic says the DNR isn’t seeing any new species enter Dunkard Creek.

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