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PA Bulletin, Doc. No. 10-1224



Cumberland Coal Resources, LP v. DEP; Doc. No. 2009-103-L

[40 Pa.B. 3751]
[Saturday, July 3, 2010]

 The Department of Environmental Protection (Department) and Cumberland Coal Resources, LP (Cumberland) have agreed to a settlement of the previous matter.

 The parties have agreed to a settlement, the major provisions of which provide for a revision to Coal Mining Activity Permit (CMAP) 30831303 and associated National Pollutant Discharge Elimination System Permit (NPDES Permit) PA 0013511. As set forth in the settlement, Cumberland has agreed not to appeal from the final issuance of the Amended CMAP.

 Cumberland operates the Cumberland Mine located in Whiteley Township, Greene County. On June 30, 2009, the Department issued a CMAP to Cumberland authorizing the company to discharge storm water adjacent to a new bleeder shaft by means of Outfall 032 into an unnamed tributary of Turkey Hollow Run.

 The original CMAP and NPDES Permit included limitations for certain parameters that are associated with the mining of coal. Upon review of the permit, during the pendency of the appeal, the Department realized that the discharge from the site is associated with stormwater runoff from first a construction site and, now, a vegetated area surrounding a bleeder shaft. The company has represented that the stormwater will not come into contact with coal before discharge. To verify this representation but to recognize the nature of the discharge, the Department has modified the effluent limitations from numerical limitations to a monitor and report requirement.

 Copies of the full agreement are in the hands of:

Bruce M. Herschlag
Assistant Regional Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Office of Chief Counsel
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4262


Donald C. Bluedorn, II, Esquire
Babst Calland Clements and Zomnir, PC
Two Gateway Center
603 Stanwix Street, Suite 8W
Pittsburgh, PA 15222
(412) 394-5400

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

 Any person interested in providing comment to the Board on the proposed Consent Order and Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. Copies of all comments shall also be submitted to the attorney for each party listed previously.

 Any person believing himself aggrieved by the previous settlement has 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 30 days of this publication.

 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 Pennsylvania Relay Service at (800) 654-5984.

 The Board is empowered to approve this settlement if no objection is timely filed with the Board.


[Pa.B. Doc. No. 10-1224. Filed for public inspection July 2, 2010, 9:00 a.m.]

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