Zoning hearing board moves up hearing for coal mining company
The Fayette County Zoning Hearing Board has moved up the next scheduled hearing date for a Clarion County company seeking to obtain a special exception for a surface mining operation near a historic church in Dunbar Township.
The new hearing dates are Sept. 26, 27 and 29, if necessary, each beginning at 10 a.m. at the public safety building in Uniontown. Zoning chief Dave Bukovan said the September dates will replace the previously hearing date of Oct. 12.
More than six months ago, Neiswonger Construction Inc. of Strattanville began mining operations on property zoned A-1 (agricultural rural) owned by Dunbar Township Supervisor John Tabaj without receiving the necessary special exception required under the county zoning ordinance.
After being notified in March that the company was violating the county ordinance, Neiswonger officials sought to receive a special exception and a hearing was scheduled. However, objections by members of Laurel Hill Presbyterian Church have caused additional hearing dates and the process has been ongoing for months. The church members initially expressed concerns with potential damage to the church and cemetery, which dates to the Revolutionary War.
The company received a mining permit from the state Department of Environmental Protection, initially believing that was all that was required. Neiswonger also received a blasting permit, but it was revoked after objections arose.
The company briefly halted mining operations a few months ago, and resumed without blasting. The county issued a cease-and-desist order which was upheld by Fayette County Judge John F. Wagner.
Nathaniel Parker, attorney for Neiswonger, previously said the company has been attempting to come into compliance by seeking a special exception.
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 zoning board has held three hearings for the special exception, but not yet reached a decision.