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PA Bulletin, Doc. No. 00-1141

NOTICES

ENVIRONMENTAL
HEARING BOARD

Notice of Settlement; Consol Pennsylvania Coal Company v. DEP; Doc. No. 2000-069-R

[30 Pa.B. 3316]

   The Department of Environmental Protection (Department) and Consol Pennsylvania Coal Company (Consol) have agreed to a settlement of the noted matter. Acting on a permit application submitted by Consol, the Department issued a revision to Bituminous Coal Mining Activity Permit No. 30841316 which authorizes operation of the Bailey Underground Mine and Preparation Plant in Richhill Township, Greene County. The revision included a permit condition, Condition No. 4 of Section 7, which addressed how mining beneath utility facilities will proceed. Consol appealed the permit revision for the purpose of obtaining a modification of the language of Condition No. 4.

   The parties have agreed to a settlement which provides for a modification of the language of Special Condition No. 4 to clarify the Department's original intent. The modified language provides:

Prior to undermining any gas line which poses a risk to human safety, Consol Pennsylvania Coal Company will provide the Department with written notification that: 1) the appropriate mitigation measures have been performed, 2) an agreement has been reached whereby the measures will be performed before the undermining occurs, or 3) a demonstration is provided that an imminent hazard will not occur. If the Department has not been informed two weeks prior to the proposed undermining that one of the above conditions has been met, then the Department may suspend Consol's authorization to mine beneath the gas line.

   Copies of the full agreement are in the hands of:

      Diana J. Stares
      Regional Counsel
      Department of Environmental Protection
      400 Waterfront Drive
      Pittsburgh, PA 15222-4745
      (412) 442-4262
 
      Stanley R. Geary
      Buchanan Ingersoll
      One Oxford Centre
      301 Grant Street, 20th Floor
      Pittsburgh, PA 15219-1410

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

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 00-1141. Filed for public inspection June 30, 2000, 9:00 a.m.]


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