No problems have been detected at the site by either agency after recent inspections.

The Shumate Branch Impoundment, located approximately 360m from Marsh Fork Elementary School on the Goals Coal site in Sundial, West Virginia, and the entire Goals Coal complex has been at the centre of controversy in recent months, prompting demonstrations by activists who claim the facility is a health hazard.

Although a local newspaper reported a quote from West Virginia Public Radio that the impoundment was leaking and MSHA had discovered the seepage, the agency “did not find a problem, so there was nothing to correct,” said MSHA public affairs representative Suzy Bohnert. “Based on information we obtained from inspectors, there is no safety concern at the site at this time.”

Bohnert added that the MSHA inspected mines and impoundments “diligently” to ensure the health and safety of not only the public, but also the miners.

DEP communications director Jessica Greathouse added that it also found no indications of structural problems or leaks, but that some seepage was normal for dams such as this one.

“Those impoundments are designed to have some seepage. Any seepage found by DEP inspectors are those that must occur just by the very nature of an impoundment.

“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.”

Massey spokesman Greg Thomas said MSHA did not conduct monthly examinations of the dam, but the company performed its own assessment every seven days. “Reports from MSHA, DEP, consulting engineers and our engineers do not indicate any problems with the impoundment,” he said.