Judge orders halt to blasting a mining site
A Fayette County judge has denied a request for an injunction against a Strattanville company operating a surface coal mine in Dunbar Township, but ordered that no blasting occur at the site.
Fayette County President Judge Gerald R. Solomon issued an order denying the injunction to force the company stop mining on Wednesday on behalf of Judge John F. Wagner Jr., who will hold a hearing on the matter at 9:30 a.m. Tuesday, Sept. 6, in Courtroom 2.
Solomon heard arguments on the case on Wednesday morning in Wagner’s absence.
At the hearing, Sheryl Heid, solicitor for the county Office of Planning, Zoning and Community Development, argued that the Clarion County company hasn’t obtained the necessary permits from the county and shouldn’t be allowed to continue to operate.
She also pointed out that the company had been attempting to comply with county regulations by seeking to obtain a special exception from the county zoning hearing board, but began blasting at the site last month, which prompted the county to issue a cease-and-desist order.
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 to the Revolutionary War.
Nathaniel Parker, attorney for Neiswonger Construction, said the mining operation is the first the company has undertaken in Fayette County and the company was unaware that zoning issues are handled countywide.
Parker said there shouldn’t be an injunction because there is no irreparable harm and because the company has been taking steps to comply with the zoning ordinance by seeking to obtain a special exception.
Three hearings before the zoning hearing board have been held for the special exception, and testimony is again scheduled for Oct. 12.
The company began mining on property owned by Dunbar Township Supervisor John Tabaj after certified letters sent to both the township and county zoning office were sent asking if any requirements must be met before mining could commence. Although the company received notification that both letters were received, nothing was sent from either the county or township informing the company that they must obtain a special exception before mining.
The company was issued an enforcement notice in March and applied for the special exception at that time. The issue came to a head after the company received a blasting permit from the state Department of Environmental Protection and began blasting in July.
The blasting permit has since been revoked, but mining has continued.
A spokeswoman for the DEP said the blasting permit is currently under review.