Dunbar mining operation to proceed
Mining operations will continue on a Dunbar Township property, although the operator has yet to receive authorization by Fayette County to do so.
Following Wednesday’s hearing, Fayette County Zoning Hearing Board member Paul Bortz said that Neiswonger Construction Inc. of Strattanville can proceed to remove coal from the surface mine.
“They can continue to take the coal out without blasting,” said Bortz.
Neiswonger Construction is seeking a special exception permit from the county to surface mine and to use blasting procedures on property zoned A-1 (agricultural/rural) owned by John Tabaj, a township supervisor.
The county has not issued a special exception permit for the mining or blasting operation, pending the conclusion of testimony in the matter. Two previous hearings have been conducted by the zoning board.
The company is authorized by the state Department of Environmental Protection (DEP) to remove coal from the site. The DEP revoked a blasting permit that was issued July 20 after the company conducting the blasting operations — Wampum Hardware Co. of New Galilee — allegedly did not adhere to regulations, according to testimony.
The company began mining coal after receiving the DEP permit.
Sue Martin, a county planning technician, testified that she also executed a cease-and-desist order tied to the blasting. However, it was unclear whether a previous order tied to the overall mining operation remained in effect.
When questioned by Laurel Hill Presbyterian Church legal counsel Thomas B. Earhart, Martin responded that it was only to halt the blasting.
“I was informed that it would be a safety hazard to leave the (mining) highwall open,” said Martin. “It would safer to keep mining.”
The church is opposing the exception permit to blast at the mining operation because of the location of the nearly 150-year-old building and a cemetery that adjoins the Tabaj property.
The church has several stained-glass windows that were imported from Europe, and some grave sites in the cemetery date to the Civil War era. Church members believe blasting may impact the building and graves.
John L. Suhrie, a structural engineer retained by the church to conduct a survey of the sites, testified that airwaves and ground waves from the blasting may cause damage to the historic windows, interior wall plaster and to the gravesite headstones.
“A (blast) shock or vibration could knock (the headstones) loose or knock them over,” said Suhrie.
Under cross-examination by mining company attorney Nathaniel C. Parker, Suhrie admitted that the slamming of a door at the church or a strong wind also could damage the building.
Church spokesman Joshua Sculley testified that because of the value of the windows, the insurance carrier will only replace any damaged windows with clear glass.
The concerns of the church, said Earhart, are two-fold, with blasting operations being a priority and adherence to regulations by the operator.
“The church is not interested in making enemies of its neighbors,” said Earhart. “Or, standing in the way of the owner using his own property as permitted by the zoning board.
“(In this case) they did not follow the proper measures. If they are going to mine, they should do it the right way.”
Testimony will resume at 10 a.m. Oct. 12.