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County surveyor warns of unstable slurry dam; commissioners, county attorney prepare formal inquiry
Summary
County Surveyor Dennis Willsbacher told commissioners he believes a coal slurry impoundment was improperly constructed, is unstable and could breach; county attorney and commissioners agreed to draft a formal letter to state regulators requesting explanation and action.
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Dennis Willsbacher, Warrick County Surveyor, told commissioners that a nearby slurry impoundment shows signs of instability and that state inspection requirements were not being met for decades. Willsbacher said the impoundment appears poorly constructed, has not been inspected on schedule for about 25 years and is designated high‑hazard; he warned a breach would cause major flooding and infrastructure damage.
Willsbacher cited Indiana administrative code and federal mine safety rules in arguing the structure should not remain in place and said recent failures in an impoundment below the site increase the risk. He presented a flood model showing the downstream hazard area and said a breach could block drainage and flood large parts of the watershed.
County officials said they have discussed the matter with state agencies and federal representatives. The county attorney told Willsbacher he intended to prepare a letter for state regulators that would incorporate factual elements of Willsbacher’s submission; the attorney asked Willsbacher to review the draft before it is sent.
Commissioners said they would escalate the matter if necessary. The board’s attorney indicated that a formal, attorney‑signed inquiry to the Indiana Department of Natural Resources (DNR) and other regulators was an appropriate next step if state agencies did not provide timely explanations.
No enforcement action was taken by the county at the meeting. The immediate next step is the county attorney’s draft letter to state regulators and follow‑up with constituents; commissioners said they would consider further options if regulators fail to respond.

