1124 Gary L. Beers and Marjorie Beers v. DEP and Strishock Coal Co.; doc. no. 96-165-C

ENVIRONMENTAL HEARING BOARD

Gary L. Beers and Marjorie Beers v. DEP and Strishock Coal Co.; Doc. No. 96-165-C

[27 Pa.B. 3476]

   The Department of Environmental Protection (Department), Gary L. and Marjorie Beers (the Beers), and Strishock Coal Co. (Strishock) have agreed to a settlement of the above matter. Strishock operates the Zimmerman Mine, a surface coal mine located in Pinecreek Township, Jefferson County, under the authority of Surface Mining Permit (SMP) No. 33920103 issued by the Department to Strishock. The Zimmerman Mine is adjacent to property owned, and resided upon, by the Beers. On July 16, 1996, the Department issued a revision to SMP No. 33920103, which reduced the buffer area around the spring which serves as the Beers' water source. The Beers appealed the Department's issuance of the revision to SMP No. 33920103 before the Environmental Hearing Board, at Doc. No. 96-165-C.

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

   1.  Strishock agrees that its mining activities under SMP No. 33920103 shall be subject to the following additional conditions:

   a.  The location of Spring SP-2A is corrected to reflect the actual source of the spring.

   b.  There shall be no blasting within the 2.4 acre area to be opened under the revision to SMP No. 33920103.

   c.  The Reed property shall not be used for ingress or egress for the mining operation.

   d.  There shall be no operation of equipment or disturbance of stabilized spoil from past mining operations north and east of the Middle Kittanning highwall except for an area approximately 50 feet from the base of the old highwall or as may be required for reclamation.

   e.  There shall be no placement of spoil more than 50 feet to the north and east of the base of the Middle Kittanning highwall or on any part of the Reed property or to the north or east of the 2.4 acre area to be opened by the revision to SMP No. 33920103.

   f.  Drainage ditch CD-6 shall be constructed at the toe of the old Middle Kittanning highwall and shall be routed around the Middle Kittanning highwall to drain to the northwest towards Pond C. There shall be no excavation of stabilized spoil to construct drainage ditch CD-6. Drainage ditch CD-6 will be formed by grading surface materials away from the old Middle Kittanning highwall or from new spoil materials.

   g.  Water bars shall be constructed and maintained across the unimproved road located to the southwest of Spring SP-2A so as to prevent runoff from the Zimmerman Mine from approaching the spring.

   h.  There shall be no equipment storage or maintenance in the 2.4 acre area to be opened under the revision to SMP No. 33920103, in any part of the 250-foot barrier area around Spring SP-2A, or within the area between the 250-foot barrier and the old Middle Kittanning highwall.

   2.  A copy of the Consent Order and Adjudication to resolve the Beers' appeal at Doc. No. 96-165-C shall be appended to the July 16, 1996 revision to SMP No. 33920103 in the Department's permit file at the Department's Knox District Mining Office.

   3.  The Beers' appeal before the Environmental Hearing Board at EHB Doc. No. 96-165-C is terminated with prejudice.

   Copies of the full agreement are in the possession of:

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

   Anthony J. Gerace, Jr., Dunaway, Weyandt, McCormick, Gerace & McGlaughlin, 919 University Drive, State College, PA 16801, [phone];

   Robert M. Hanak, Hanak, Guido & Taladay, 498 Jeffers Street, P. O. Box 487, DuBois, PA 15801, [phone];

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 [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. 97-1124. Filed for public inspection July 11, 1997, 9:00 a.m.]