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PA Bulletin, Doc. No. 97-1266

NOTICES

ENVIRONMENTAL HEARING BOARD

Donald W. Barshinger, et al., Appellants v. DEP, Appellee and Robert Hankin, Executor of Estate of Bernard Hankin, Permittee; EHB Doc. Nos. 96-027-MG and 96-132-MG (Consolidated)

[27 Pa.B. 4050]

   The Department of Environmental Protection (Department) appellants Donald W. Barshinger, Roger A. Bennett, the Brandywine Conservancy, Evelyn Howard, Elizabeth Moran, Sarah E. M. Solmssen, Bruner Strawbridge and Jacqueline K. Wilking (collectively, Appellants), and permittee/transferee Clocktower Woods, Ltd. and Estate of Bernard Hankin (collectively, CWLBH) have agreed to a settlement of the above matter, the major provisions of which include:

   1.  The construction along Towne Drive in the ''Bow Tree--Section IV'' development of a boulder wall of specified dimensions for the purpose of reducing wetland disturbance in the area of the box culvert; and

   2.  Ecological planting of roadside swaled areas and disturbed areas;

   3.  Submission for approval to township, county, and Department officials by CWLBH of proposals to amend the final plans for ''Bow Tree--Section IV'' to reflect the above items;

   4.  Release of claims related to the appeals among the Department, Appellants, and CWLBH; and

   5.  Dismissal of the appeals.

   Copies of the full Consent Order and Adjudication are in the hands of:

   David Butterworth, Esquire, Counsel to Appellants, Morgan, Lewis & Bockius, 2000 One Logan Square, Philadelphia, PA 19103, (215) 963-5000;

   Mary Ann Rossi, Esquire, Counsel to CWLBH, Fox, Rothschild, O'Brien & Frankel, 760 Constitution Drive, Suite 104, Exton, PA 19341, (610) 458-7500;

   Kenneth A. Gelburd, Assistant Regional Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, 555 North Lane--Suite 6015, Conshohocken, PA 19428-2233, (610) 832-6300;

and at the office of the Environmental Hearing Board and may be reviewed by an interested party on request during normal business hours.

   Persons who are aggrieved by the above settlement may have the right of an appeal to the Environmental Hearing Board, Market Street State Office Building, Second Floor, 400 Market Street, Harrisburg, PA 17105.

   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.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at (800) 654-5984.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-1266. Filed for public inspection August 8, 1997, 9:00 a.m.]


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