Dec 27, 2013 2 min read

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An agreement was announced in April between the state Department of Conservation and Natural Resources and Consol Energy Inc. that will eventually result in the restoration of Duke Lake at Ryerson Station State Park.

The lake has been dry since July 2005, when cracks began to expand in the lake’s 45-year-old concrete dam. As a safety measure, DCNR drained the lake and removed part of the spillway to prevent water from backing up during heavy rains.

DCNR filed a claim against Consol, maintaining the damage was caused by subsidence from Consol’s Bailey Mine, which was longwall mining near the park.

The state Department of Environmental Protection investigated and determined the damage was caused by mining. It ordered Consol to restore the dam.

A compromise suggested by a mediator led to the development of an agreement that was subsequently accepted by DCNR and Consol.

Under the agreement, Consol admitted no liability but agreed to pay $36 million to replace the dam and give DCNR eight parcels of land it owns adjacent to the park containing 506 acres, increasing the size of the 1,164-acre park by 40 percent.

The company will be allowed to drill for natural gas beneath the park using horizontal drilling but only from wells outside park boundaries.

The company also will be permitted to mine coal it owns in the eastern area of the park, but it will be prohibited from mining under the dam or lake.