1717 Eighty-Four Mining Company v. DEP; doc. no. 95-235-R

ENVIRONMENTAL
HEARING BOARD

Eighty-Four Mining Company v. DEP; Doc. No. 95-235-R

[26 Pa.B. 4955]

   Eighty-Four conducts underground coal mining in Washington County, PA. On September 22, 1995, the Department approved a permit revision authorizing Eighty-Four to expand its operations. Eighty-Four appealed two conditions in the permit revision.

   The Department and Eighty-Four have negotiated a settlement of this matter, the major provisions of which include:

   (1)  Special Condition F.3 (relating to alternative mining methods) will be amended to conform to the 1994 amendments to The Bituminous Mine Subsidence and Land Conservation Act.

   (2)  Special Condition 18 (relating to potential affects on public utilities) will be amended to clarify the application of mitigation measures to be implemented by Eighty- Four.

   (3)  Eighty-Four's appeal will be dismissed with prejudice.

   Copies of the full agreement are in the possession of:

   Diana J. Stares, Regional Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone];

   Henry M. Ingram, Esquire, Buchanan Ingersoll, P.C., One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410;

and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at [phone]. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 [phone].

   The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 96-1717. Filed for public inspection October 11, 1996, 9:00 a.m.]