Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 97-844

NOTICES

ENVIRONMENTAL HEARING BOARD

Earl Bobbert v. DEP and Amerikohl Mining, Inc.; Doc. Nos. 96-227-MR and 96-241-MR

[27 Pa.B. 2591]

   Amerikohl Mining, Inc. (Amerikohl) conducted coal mining reclamation activities at a site known as the Adobe No. 2 Mine, located in Washington Township, Lawrence County, under Bituminous Underground Permit No. 37891301 issued by the Department of Environmental Protection (Department). Portions of the Adobe No. 2 Mine site are on or adjacent to surface property owned by Earl Bobbert. On September 26, 1996, the Department granted Amerikohl Stage I bond release for the Adobe No. 2 Mine. Earl Bobbert appealed the grant of Stage I bond release to Amerikohl, which appeal was docketed at EHB Docket No. 96-227-MR. In his appeal, Earl Bobbert raised four objections:  1)  Improper backfill and grading; (2)  ineffective drainage; 3)  removal of topsoil without permission; and 4)  refusal to address repeated complaints.

   On October 29, 1996, the Department issued Stage II bond release to Amerikohl for portions of the Adobe No. 2 Mine outside the surface property owned by Earl Bobbert. Earl Bobbert appealed the grant of Stage II bond release, which appeal was docketed at EHB Docket No. 96-241-MR. In this appeal Bobbert objected to the Department's breakage of bonding increments so as to benefit Amerikohl.

   The Department, Amerikohl and Earl Bobbert have agreed to a settlement of the above matter, the major provisions of which include:

   1.  Earl Bobbert's appeals at EHB Docket Nos. 96-227-MR and 96-241-MR are terminated.

   2.  The termination of these appeals shall not prejudice Earl Bobbert's right to appeal future grants of bond release at the Adobe No. 2 Mine, or to object the adequacy of soil replacement, drainage controls, final grading, revegetation or the remaining bond posted for the Adobe No. 2 Mine.

   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, (412) 442-4262;

   Stanley R. Geary, Esquire, Attorney for Amerikohl Mining, Inc., Buchanan Ingersoll, P. C., One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410, (412) 562-8800;

   Earl J. Bobbert, 447 Old Mercer Road, Volant, PA 16156;

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

   Any person believing himself aggrieved by the above settlement has 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, please contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1 (800) 654-5984.

   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. 97-844. Filed for public inspection May 23, 1997, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.