Judge says mining can’t continue in Dunbar Township until proper permits are received
A Fayette County judge said Tuesday he would issue an injunction halting mining operations in Dunbar Township until the proper permits are obtained from the county.
During a hearing on an injunction request filed by the county, Judge John F. Wagner Jr. said the only issue is whether there is a mining permit. He said Neiswonger Construction Inc. of Strattanville needed to “get their ducks in a row” before mining began and should not have started work before a permit was granted.
County attorney Sheryl Heid said a special exception is needed for mining on the land zoned A-1, agricultural rural. The property, which is near the historic Laurel Hill Presbyterian Church, is owned by Dunbar Township Supervisor John Tabaj.
Nathaniel Parker, attorney for Neiswonger, said the company has been attempting to come into compliance by seeking a special exception. Workers would be laid off if mining stopped, he said.
Parker previously said it’s the first mining operation the company has undertaken in Fayette County.
The company began mining 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 it must obtain a special exception before mining.
The company applied for a special exception in March after a zoning officer issued an enforcement notice. 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, prompting the county to issue a cease-and-desist order. The blasting permit has since been revoked, but mining has continued. A spokeswoman for the DEP has said the blasting permit is being reviewed.
Church members have expressed concerns that blasting may damage the church or its cemetery, which dates to the Revolutionary War.
The zoning board has held three hearings for the special exception, but not yet reached a decision. Additional testimony is scheduled for Oct. 12.
When Wagner asked if the company would stop mining voluntarily, Parker said that the company could agree to stop for a short time, but added that the Municipalities Planning Code states that a special exception is considered approved if more than 45 days pass between zoning hearings. He said that time frame ends next week, and the company can publish a public notice and resume mining.
While noting that it’s a shame that the zoning hearing board took two months off when joblessness in the county is high, he added that the mining shouldn’t have been started without a permit.
“There’s plenty of blame to go around in this whole process,” Wagner said.
Last week, Wagner entered an order stating that if the hearing isn’t concluded on Oct. 12 that the zoning board must reconvene the next day and each succeeding day thereafter until the hearing is complete.