828 William Smith v. DEP and Strishock Coal Company; doc. no. 95-193-R

William Smith v. DEP and Strishock Coal Company; Doc. No. 95-193-R

[26 Pa.B. 2368]

   Strishock Coal Company (Strishock) conducted surface coal mining activities upon the property owned by William Smith, and located in Washington Township, Jefferson County, under Surface Mining Permit No. 33900110, issued by the Department (Smith Mine). On August 7, 1995, the Department, under its authority under 52 P. S. § 1396.4(g), granted Strishock Stage II bond release for the Smith Mine. William Smith appealed the grant of Stage II bond release to Strishock, which appeal is docketed at EHB Docket No. 95-193-R. In his appeal, William Smith objected that: 1) Strishock left depressions on the property which did not meet approximate original contour; 2) Strishock did not remove earth dams it had erected; 3) rain has caused washouts on the Smith Mine and on adjacent neighboring property.

   The parties have agreed to a settlement, the major provisions of which include:

   1.  William Smith's appeal at EHB Docket No. 95-193-R is dismissed with prejudice.

   2.  On or before July 15, 1996, Strishock shall:

   a)  Fill in and stabilize all rills and gullies deeper than 9 inches on and immediately adjacent to the Smith Mine; and

   b)  Regrade all hummocks on the Smith Mine so they do not interfere with farming activities.

   Copies of the full agreement are in the possession of:

   Steven Lachman, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone];

   Robert M. Hanak, Attorney for Strishock Coal Company, 498 Jeffers Street, P. O. Box 487, Dubois, PA 15801, [phone];

   William Smith, R. D. 1, Box 244, Falls Creek, PA 15480;

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 Service 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. 96-828. Filed for public inspection May 17, 1996, 9:00 a.m.]