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PA Bulletin, Doc. No. 97-731

NOTICES

ENVIRONMENTAL HEARING BOARD

Penns Valley Conservation Association, Trout Unlimited and Pennsylvania Council of Trout Unlimited v. DEP and Con-Stone, Inc., Permittee; EHB Doc. No. 96-094-MR

[27 Pa.B. 2339]

   The Department of Environmental Protection (Department), and Con-Stone, Inc. (Con-Stone), and Penns Valley Conservation Association (PVCA), Trout Unlimited (TU), and the Pennsylvania Counsel of Trout Unlimited (PT), have agreed to a Settlement of the above matter. On March 25, 1996, the Department issued to Con-Stone Noncoal Surface Mining Permit No. 14920301 for noncoal surface mining on a site in Haines Township, Centre County. In conjunction with Noncoal Surface Mining Permit No. 14920301, the Department issued NPDES Permit No. PA0207039 (the NPDES Permit) to Con-Stone. The NPDES Permit expires on March 25, 2001. On or about April 22, 1996, PVCA, TU and PT appealed the Department's issuance of Noncoal Surface Mining Permit No. 14920301 and the NPDES Permit to Con-Stone, which appeal is docketed at EHB Docket No. 96-094-MR. The parties have agreed to a settlement, the major provisions of which include:

   1.  Special Condition No. 1 in Part B of Noncoal Surface Mining Permit No. 14920301 is hereby amended by the addition of the following language:

   Whenever the seasonal water table rises above an elevation of 1,080 feet, the permittee is prohibited from operating any mining equipment in, or attempting to extract any stone from that area of the pit where there is standing groundwater.

   Con-Stone agrees to waive its right to appeal the revised Part B, Special Condition 1, above.

   2.  Within 31 days of the execution of this Stipulation of Settlement, PVCA, TU and PT agree to withdraw their appeal docketed at EHB Docket No. 96-094-MR, with prejudice.

   3.  In the remainder of the Stipulation, the Department agrees to perform the following measures, until March 25, 2001, unless otherwise extended by mutual agreement of all of the parties.

   a.  The Department shall initiate a study to determine the cause of an apparent increase in suspended solids (hereinafter TSS) at Spring S26 if either the acute TSS trigger level or the chronic TSS trigger level, as defined below, is triggered based upon monitoring data collected by continuous-recording turbidity meters at two monitoring points.

   b.  In order to determine whether the TSS study must be performed, the Department, and only the Department, shall and will evaluate turbidity data gathered every 30 minutes by the two continuous-recording turbidity meters, which shall be set up at the two monitoring points, on a monthly basis. Electronic copies of that data will be furnished to PVCA, TU, PT and Con-Stone within 15 days of the monthly down-loading. If the information gathered by the Department indicates that either the acute or chronic TSS trigger level, as set forth below, has been exceeded, or if any verifiable information reveals any other adverse impact upon S26, the Department shall initiate a study within 7 days of the date of such determination to ascertain the cause of the increase in TSS, and to determine whether the Con-Stone mining operation described in surface mining Permit No. 14920301 has adversely affected water quality in Pine Creek. Upon the initiation of such a study, the Department shall notify all parties that such a study is being conducted. The study shall be completed within 90 days of the date that the study is initiated, and a report detailing the Department's findings will be furnished to PVCA, TU, PT and Con-Stone.

   1.  The acute TSS level that will require Department to initiate the study described in this subparagraph is as follows: TSS at S26 exceeds TSS at the upstream monitoring point, and TSS at the S26 monitoring point is equal to or greater than 35 mg/l, as total suspended solids.

   2.  The chronic TSS level that will require the Department to initiate the study described in this subparagraph is as follows: for months in which less than 5 inches of rain falls, the monthly average turbidity at S26 exceeds the equivalent of 25 mg/l, as TSS; for months in which 5 to 10 inches of rain falls, the monthly average turbidity at S26 exceeds the equivalent of 35 mg/l, as TSS; for months in which more than 10 inches of rain falls, there shall be no chronic turbidity level trigger. The monthly average, for the purposes of this agreement, shall be the arithmetic average determined over a calendar month.

   c.  In order to gather information regarding the water temperature at S26, the Department shall employ a temperature monitor at S26. The Department may, at its discretion, employ an additional monitor at a mutually acceptable reference location. The Department shall provide and maintain the equipment necessary to gather information regarding temperature. Water temperature information from the monitor at S26 shall be downloaded once each month during the months of July, August, September and October. Copies of the information downloaded from that monitor during those months shall be furnished to PVCA, TU, PT and Con-Stone.

   d.  The Department and Con-Stone shall allow a representative from the Pennsylvania Fish and Boat Commission to accompany the Hawk Run District Office surface mine conservation inspector on inspections conducted in response to any study performed under Paragraphs a and b, above, and at that Commission's discretion, during regular monthly inspections of the Con-Stone operation at the Site for which the Department issued Noncoal Surface Mining Permit No. 14920301. In addition, the Department agrees that the representative from the Pennsylvania Fish and Boat Commission may request to schedule and accompany the Hawk Run District Office surface mine conservation inspector on a special site visit if he has a reason to believe that a violation may exist at that Site.

   Copies of the full Agreement are in the hands of:

   Marc A. Ross, Esquire; Assistant Counsel, DER; 400 Market Street, Ninth Floor; P. O. Box 8464; Harrisburg, PA 17105-8464;

   Stephen C. Braverman, Esquire; Buchanan Ingersoll; Eleven Penn Center, 14th Floor; 1835 Market Street; Philadelphia, PA 19103-2895;

   Gregory H. Knight, Esquire; 1721 North Front Street; Suite 101; Harrisburg, PA 19103-2895;

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

   Any person believing himself aggrieved by the above Settlement has a right to appeal to the Environmental Hearing Board, 400 Market Street, Second Floor, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals must be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, please 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.

   The Environmental Hearing Board is empowered to approve this Settlement if no objection is timely made.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-731. Filed for public inspection May 9, 1997, 9:00 a.m.]



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