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PA Bulletin, Doc. No. 96-1850


William Ramagosa, Sr., et al. v. DEP; EHB Doc. Nos. 89-97-M (Consolidated)

[26 Pa.B. 5269]

   The Department of Environmental Protection (Department) and William Ramagosa, Sr., et al. (Ramagosas) have agreed to a settlement in the above matter. On March 10, 1989, the Department issued a Compliance Order to the Ramagosas for unpermitted encroachments and earthmoving activities on the Ramagosas' property in Dingman Township, Pike County. The Ramagosas appealed the Order to the Environmental Hearing Board. The parties have agreed to a settlement, the major provisions of which include:

   1.  The Ramagosas shall provide 52 acres of replacement wetlands in the following manner:

   a.  The area within the high water mark around Sprint Lake, a portion of which has developed into an 8 acre wetland, will remain undisturbed.

   b.  The Ramagosas will contribute $176,000 to the Pennsylvania Wetland Replacement Fund.

   2.  The Ramagosas will maintain a 50` buffer around Spring Lake, within which no buildings, structures or other improvements will be allowed.

   3.  The Ramagosas will deed over to the Department of Conservation and Natural Resources a 22 acre parcel known as Wild Meadows, a pristine wetland adjacent to other State forest lands.

   4.  The Ramagosas will pay a $25,000 civil penalty for violations of the Dam Safety and Encroachments Act, The Clean Streams Law and rules and applicable regulations promulgated thereunder.

   5.  The Department will issue pending encroachment permits authorizing the activities subject to the settlement agreement and dam safety permit for the modification, operation and maintenance of the existing dam on Sprint Lake.

   Copies of the settlement agreement are in the possession of

   Richard B. Ashenfelter, Jr., Powelll, Trachtman, Logan, Carrle and Bowman, 367 Gulph Road, King of Prussia, PA 19406, (610) 354-9700;

   David J. Gromelski, Assistant Counsel, Department of Environmental Protection, P. O. Box 8464, Harrisburg, PA 17101-8464, (717) 787-7060;

and at the office of the Environmental Hearing Board, and may be reviewed by any interested party 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, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals must be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement, which becomes final if no objection is timely made.


[Pa.B. Doc. No. 96-1850. Filed for public inspection November 1, 1996, 9:00 a.m.]

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