TDK Coal Sales, Inc. v. DEP; EHB Doc. No. 95-194-R [26 Pa.B. 1312] The parties have agreed to a settlement of the above-captioned matter which involved an appeal of the Department's denial of an application for a proposed surface coal mining operation in Jay Township, Elk County identified as surface mining permit application number 24950101. The major provisions of the settlement include:
1. TDK's appeal will be dismissed without prejudice to TDK to resubmit its permit application to the Department with additional information to address the issues raised by the permit denial.
2. The resubmission of the permit application will be subject to the public notice, public comment and public hearing provisions of the Surface Mining Conservation and Reclamation Act and the Department's regulations.
3. The Department agrees to have representatives present when additional drilling information is collected for the permit application and during wetlands delineation.
4. TDK agrees to waive any claim it might have for attorney fees in this appeal only.
Copies of the full agreement are in the hands of:
Michael J. Heilman, Assistant Counsel, Department of Environmental Protection, Southwest Region, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;
Stanley R. Geary, Esquire, Buchanan Ingersoll Professional Corporation, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410, (412) 562-1312;
and at the office of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.
Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, P. O. Box 8457, 2nd Floor, Rachel Carson State Office Building, Harrisburg, PA 17105-8457.
Appeals must be filed within 20 days of this publication.
The Environmental Hearing Board is empowered to approve this settlement if no objection is timely made.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 96-460. Filed for public inspection March 22, 1996, 9:00 a.m.]
