1267 Indian Lake Borough v. DEP, PBS Coals, Inc. and RoxCOAL, Inc.; EHB doc. no. 95-071-R (consoli-dated) (CMAP Nos. 56911302, 56901301) (Somerset County)

Indian Lake Borough v. DEP, PBS Coals, Inc. and RoxCOAL, Inc.; EHB Doc. No. 95-071-R (consolidated) (CMAP Nos. 56911302, 56901301) (Somerset County).

[27 Pa.B. 4050]

   The Department of Environmental Protection (Department), Indian Lake Borough (Borough), PBS Coals, Inc. and RoxCOAL, Inc. (collectively RoxCOAL) have agreed to a settlement of the above consolidated matter. The above captioned matter is a consolidation of several appeals relating to RoxCOAL's Long T Mine (CMAP No. 56911302) located in Somerset County, PA.

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

   1.  With regard to future mining under CMAP No. 56911302:

   A.  RoxCOAL shall not seek to revise the permitted support areas under Calendars Run, shown on Exhibit A to the Consent Order and adjudication. The Department shall not issue a permit or permit revision to RoxCOAL to change the mining locations or rates of extraction in the support areas.

   B.  No retreat mining, full extraction mining or mining at an extraction rate greater than 50% shall be conducted in the area located between 800 feet and 1,000 feet from Indian Lake, which area is shown on Exhibit A to the Consent Order and Adjudication.

   2.  RoxCOAL shall update the maps attached as Exhibit A to the Consent Order and Adjudication quarterly and provide the same to the Borough within 10 days of the Borough's request.

   3.  RoxCOAL shall discuss and explain any revisions of the permit with the Borough's council prior to any submission to the Department. The Borough's council shall discuss any problems or concerns with RoxCOAL before raising them to the Department.

   4.  The Borough shall not object to or appeal the revision to CMAP No. 56911302 submitted to the Department on November 19, 1996.

   5.  The Department shall forward copies of RoxCOAL's quarterly water monitoring submissions to the Borough for the points identified in the Consent Order and Adjudication.

   Copies of the full agreement are in the possession of:

   Michael J. Heilman, Barbara J. Grabowski, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone];

   Vincent J. Barbera, Esquire, Barbera, Clapper, Beener, Rullo & Melvin, 146 West Main Street, P. O. Box 775, Somerset, PA 15501-0775, [phone], Attorney for PBS Coals, Inc. and RoxCOAL, Inc.;

   Robert P. Ging, Esquire, R. D. 3, Box 220, Confluence, PA 15424-9610, [phone], Counsel for Indian Lake Borough;

and at the offices of the Environmental Hearing Board, and may be reviewed by an 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, Market Street 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 [phone].

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

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-1267. Filed for public inspection August 8, 1997, 9:00 a.m.]