US Mine Safety and Health Administration spokeswoman Amy Louviere told ILN its inspectors issued citation 8040098 at Robinson Run’s Nolan Run slurry impoundment on December 3, just days after the collapse sent three workers into the pond’s murky waters.

The other two workers, who were operating pickups, survived the incident.

The citation was for a violation of 30 CFR Section 77.216.

“The citation is non-contributory to the accident and was issued during an impoundment spot inspection,” she said.

“The location of the violation was not near the failure location.”

In MSHA’s inspection report of Nolan Run from that day, it was noted Consol had failed to maintain the impoundment, formally identified as WV03-00161-00, in accordance with the plan developed with and approved by the agency’s district manager.

“The impoundment was not maintained in accordance with the approved plan in that a rock ditch lining was not maintained,” the report says.

“The bench/access road ditch provided along the downstream embankment of the main dam had a rock lining eroded for a measured distance of 16.5 feet.

“This segment of ditch exposed the fabric lining that was provided under the stone.”

Inspectors noted the condition was at a segment of ditch immediately above the sediment pond near the impoundment’s base.

An ILN request for comment from Consol was not immediately returned.

Company and federal officials yesterday confirmed divers had found the body of the victim inside the bulldozer he had been operating on November 30.

In a preliminary report released on Friday, MSHA called the upstream face collapse a “massive failure”

“A section of the saddle dam, measuring about 650 feet long, 20 to 25 feet above the water's surface and 70 feet back from the water's edge, broke and slid into the impoundment,” officials said.