To: Michael Menghini, District Mining Manager, PA DEP, Michael Kutney, Licensed Professional Geologist, PA DEP, Nate Houtz, Permit Chief, PA DEP, Gary Latsha, SMCI Supervisor, PA DEP, and John Quigley, Secretary, PA DEP
No More Extensions for New Hope Crushed Stone!
Enough is enough! We respectfully demand that the DEP follow through with their obligations to remove public nuisances and require NHCS to comply with the EHB’s directives and grant no further extensions.
Why is this important?
In July, 2014, the Pennsylvania Environmental Hearing Board (EHB) found that New Hope Crushed Stone (NHCS)’s mining activities are creating a public nuisance, and that the PA DEP has a duty to abate and remove public nuisances. On September 11, 2014, the department issued a Technical Deficiency to NHCS, and subsequently issued additional requests for detailed reclamation plans.
NHCS has repeatedly failed to comply with this directive. In the last 13 months, NHCS has proposed a reclamation plan which was based on minable reserves rather than addressing the public nuisance issue; this was deemed unacceptable by the DEP. NHCS then claimed they were in compliance; also rejected by the DEP. After several back-and-forth correspondence and meetings, the DEP took the unusual step of issuing a Compliance Order, requiring compliance by October 30. Days before that deadline, NHCS claimed that a change in their management necessitated an extension, despite the fact that over 13 months had passed since DEP initially directed them to comply. The DEP yet again granted them another extension to November 30.
Meanwhile the quarry continues to operate, new sinkholes continue to form, and the safety of the public is at risk. Just this week (11/16/15), an emergency permit was issued to repair a sinkhole in Primrose Creek. So far no one has been injured or killed, but the township and its residents simply can’t afford to continue to take these risks. The time for concrete and specific action is here – no more extensions – the quarry must be ordered to comply or halt operations. Enough is enough!
NHCS has repeatedly failed to comply with this directive. In the last 13 months, NHCS has proposed a reclamation plan which was based on minable reserves rather than addressing the public nuisance issue; this was deemed unacceptable by the DEP. NHCS then claimed they were in compliance; also rejected by the DEP. After several back-and-forth correspondence and meetings, the DEP took the unusual step of issuing a Compliance Order, requiring compliance by October 30. Days before that deadline, NHCS claimed that a change in their management necessitated an extension, despite the fact that over 13 months had passed since DEP initially directed them to comply. The DEP yet again granted them another extension to November 30.
Meanwhile the quarry continues to operate, new sinkholes continue to form, and the safety of the public is at risk. Just this week (11/16/15), an emergency permit was issued to repair a sinkhole in Primrose Creek. So far no one has been injured or killed, but the township and its residents simply can’t afford to continue to take these risks. The time for concrete and specific action is here – no more extensions – the quarry must be ordered to comply or halt operations. Enough is enough!