Fayette County taking steps to endorse cease and desist order for mining company
Fayette County officials are taking steps to ensure compliance with a cease-and-desist order issued against a Strattanville company that is operating a strip mine in Dunbar Township without a special exception.
Neiswonger Construction Co. was issued a cease-and-desist order by Sue Martin of the Fayette County Office of Planning, Zoning and Community Development last month but continued to mine. Under the cease-and-desist order, the company was given time to comply with the order, but has continued to extract coal. The county is now seeking relief from the court.
Sheryl Heid, solicitor for the planning office, said a complaint alleging non-compliance with the cease-and-desist order was filed with the office of Magisterial District Judge Dwight Shaner last Friday.
According to Shaner’s office, no hearing date has been set.
Sara Rosiek, head of the Fayette County Office of Planning, Zoning and Community Development, said a motion for an injunction to halt mining operations is being presented in motions court today before Judge John F. Wagner Jr. The motion was filed Tuesday.
The company is in the midst of seeking a special exception from the Fayette County Zoning Hearing Board to operate legally on the agriculturally zoned land. To date, three hearings have been held and testimony will continue on Oct. 12.
Neiswonger initially began operations on property owned by Dunbar Township Supervisor John Tabaj without receiving the necessary special exception. After learning that one was needed, the company filed the paperwork and has been seeking to come into compliance. The company halted operations briefly but then resumed. The company also began blasting after receiving a permit from the State Department of Environmental Protection, but it was later revoked.
The site is near the historic Laurel Hill Presbyterian Church, and church members have expressed concerns that blasting may damage the church or its cemetery, which dates back to the Revolutionary War.
Commission Chairman Vincent Zapotosky said Monday that the commissioners have given the planning office a direction to pursue action against the company.
“The bottom line is the zoning hearing board has a charge to approve or not approve and my opinion is that action must be taken legally,” Zapotosky said.
He said the bottom line is there was an order issued and it is the responsibility of the county commissioners to ensure directives given by a county office are filed.
Zapotosky said if the company has a reason why they should continue mining, they can present it before a judge, but he hopes the company realizes that people are concerned.
Zapotosky said he and Commissioner Angela M. Zimmerlink signed a directive last Friday to file an injunction against the company.
Zimmerlink did not respond to repeated requests for comment.
Commissioner Vincent A. Vicites said he wants full compliance with the county zoning laws.
“It’s always been my position that zoning laws must be complied with,” Vicites said. “Everybody has to follow the requirements of the zoning ordinance.”