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PA Bulletin, Doc. No. 07-2225

NOTICES

Nancy Parks and Willem van den Berg (husband and wife) and Marcia Case v. DEP; EHB Doc. No. 2006-199-L

[37 Pa.B. 6476]
[Saturday, December 8, 2007]

   The Department of Environmental Protection (Department), Nancy F. Parks, Willem van den Berg and Marcia Case (collectively Parks), and Con-Stone, Inc. (Con-Stone) have submitted a jointly proposed Consent Adjudication for approval by the Environmental Hearing Board (Board) in the previously-referenced matter. On August 4, 2006, the Department issued to Con-Stone Noncoal Surface Mining Permit No. 14040302 for a noncoal surface mine located in Haines and Penn Townships, Centre County, PA. Parks appealed to the Board the Department's issuance of Noncoal Surface Mining Permit No. 14040302 to Con-Stone. The appeal was docketed with the Board at EHB Doc. No. 2006-199-L.

   The Department, Parks and Con-Stone have agreed to a resolution in the form of a Consent Adjudication, the major provisions of which include:

   (1)  Con-Stone shall:

   (a)  Submit a reclamation bond in accordance with 25 Pa. Code Chapter 77, Subchapter D (relating to bonding and insurance requirements) and the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326);

   (b)  Install fencing to enclose Sedimentation Basins A and B;

   (c)  Develop and implement a Truck Tarping Management Plan;

   (d)  Reclaim all slopes on Noncoal Surface Mining Permit No. 14040302 to no steeper than 18°;

   (e)  Increase, by 10%, the volume of Sedimentation Basins A and B;

   (f)  Remove and segregate topsoil from subsoil and store the material separately at locations identified in an addendum to the Noncoal Surface Mining Permit No. 14040302;

   (g)  Record all scheduled blasting events at designated locations for Phase I and Phase II and meet maximum peak particle velocity blasting limits of 0.40 inch per second at the designated locations;

   (h)  Conduct preblasting surveys in accordance with 25 Pa. Code § 77.562 (relating to preblasting surveys) on all homes within a 1,000 foot boundary and three additional residences, if not already within said boundary;

   (i)  Provide additional visual tree barrier on the northwesterly portion and shall maintain said trees as well as other visual barriers as set forth in the Consent Adjudication; and

   (j)  Not begin mineral extraction on Noncoal Surface Mining Permit No. 14040302 sooner than 5 years from the effective date of the Consent Adjudication; prior to mineral extraction on Noncoal Surface Mining Permit No. 14040302, reclaim approximately 15 revegetated acres and leave no more than approximately 12 unreclaimed on Noncoal Surface Mining Permit No. 14920301.

   (2)  The Department shall:

   (a)  Review meteorological and groundwater elevation data when mining is occurring on Noncoal Surface Mining Permit No. 14040302 below an elevation of 1,080 feet above mean sea level and water is observed in an active pit area;

   (b)  Forward airblast and seismic records to Marcia Case at her current residence; and

   (c)  Waive any legal action under 25 Pa. Code § 77.128(b) (relating to permit terms).

   (3)  Parks shall waive any legal action under 25 Pa. Code § 77.128(b).

   Copies of the full Consent Adjudication are in the possession of: Robyn Katzman Bowman, Esquire, Assistant Counsel, Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 783-8301; Steven F. Lachman Ph.D., Esquire, 817 Saxton Drive, State College, PA 16801, (814) 218-2620; Jan L. Budman II, Esquire and Brian J. Clark, Esquire, Buchanan Ingersoll & Rooney PC, One South Market Square, 213 Market Street, Third Floor, Harrisburg, PA 17101, (717) 237-4800; and at the office of the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8457, (717) 787-3483 and may be reviewed by any interested party on request during normal business hours. Public comments will be received for 30 days from the date of this notice. A copy of any comments should be sent to each of the parties at the previously noted addresses. This notice is being provided under 25 Pa. Code §§ 1021.38 and 1021.141 (relating to publication of notice; and termination of proceedings). The Consent Adjudication is subject to final approval by the Board. The Board may schedule a hearing prior to taking action on the Consent Adjudication. For any aggrieved person not a party to the action, an appeal of the Consent Adjudication must be filed with the Commonwealth Court within 30 days of the date of the Board's action.

THOMAS W. RENWAND,   
Acting Chairperson

[Pa.B. Doc. No. 07-2225. Filed for public inspection December 7, 2007, 9:00 a.m.]


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