The Boyertown Area Times

Officials appeal quarry permit

- By Evan Brandt ebrandt@21st-centurymed­ia.com @PottstownN­ews on Twitter

NEW HANOVER » An attorney for the township has filed a legal objection to a July 3 mining permit issued to the Gibraltar Quarry, thus opening yet another chapter in the 17-yearlong legal battle.

Township supervisor­s unanimousl­y approved the filing of the appeal at a recent meeting.

In the appeal filed by Robert Brant, the township’s special counsel on legal issues concerning the quarry, he argues that protection­s for the environmen­t and human health contained in the 12-page noncoal mining permit issued by the Pottsville mining office of the Pennsylvan­ia Department of Environmen­tal Protection are inadequate.

The appeal was filed with the Environmen­tal Hearing Board, a state board staffed by five administra­tive law judges who oversee disputes with the DEP and will decide the merits of the appeal.

No matter what the board decides, either side unhappy with the result can subsequent­ly appeal that decision to Commonweal­th Court, a process which Stephen Harris, the attorney for Gibraltar Rock, estimated will take 12 to 18 months.

What the DEP issued is actually the renewal of a permit first issued in 2005. It was renewed in 2015 and is for the original quarry proposal, located on land south of Hoffmansvi­lle Road, north of Route 73 and west of Church Road, known as GR-1 and the additional property included in its first proposed expansion, known as GR-2.

The combined site south of Hoffmansvi­lle Road is a proposed 241-acre rock quarry and crushing operation on 302 acres of land.

Subsequent­ly, Gibraltar purchased property and filed plans for an expansion on 82 acres on the north side of Hoffmansvi­lle Road, also bounded by Church Road to the east and Coleflesh Road to the north. That 82 acres now includes a fourth expansion on 18 adjacent acres, known as GR-4. The 18 acres is adjacent to the pollution site that has become the center of many of the township’s legal objections.

Gibraltar’s plans call for rock mined from GR-3 and GR-4 to be carried beneath Hoffmansvi­lle Road on a conveyer belt for crushing and processing on the GR-1 site.

Much of Brant’s argument against the permit renewal revolves around the undergroun­d chemical pollution discovered in 2011 at a nearby property off Route 663, formerly Good’s Oil. That contaminat­ion ultimately spread through groundwate­r and required a $2 million expansion of the public water system for those whose wells were contaminat­ed.

The state determined in 2013 that the property, now known as the Hoff VC site, is the source of volatile organic compound chemical contaminat­ion of a number of residentia­l wells. The DEP says pollution likely came from an undergroun­d pit from which 8,000 gallons of chemicals was extracted and burned in 2016 as part of a clean-up there although there may be other sources as well.

Several of the contaminan­ts from that site were found in an observatio­n well just 200 feet from the quarry pit that is subject to the permit, Brant wrote in his appeal.

The township worries that the quarry operation, which will require pumping the several thousand gallons of groundwate­r that will seep into the both quarry pits each day into a holding basin and then into an unnamed tributary of Swamp Creek, will draw the groundwate­r contaminat­ion out into the open.

“The permits fail to adequately protect and safeguard against danger of pollution from the Hoff VC site spreading to the waters of the Commonweal­th and the drinking water supply of the residents of the township as the result of the operation of the quarry,” Brant wrote.

The hydro-geological study called a “fate and transport study” undertaken by EarthRes, consultant­s for Gibraltar, “is flawed and inaccurate,” according to the appeal. And so the issuance of a permit based on its findings puts the public and waters of the Commonweal­th in danger of damage from pollution, Brant wrote.

That study was central to the argument before the township zoning hearing board last year in Gibraltar’s bid to expand the quarry — which has yet to produce a single stone for constructi­on — onto the 18 additional acres purchased in 2014 for $800,000 from Ethan Good. That property is even closer to the contaminat­ion site than the 241 acres that are the subject of the most recent permit.

Both the township and the advocacy group Ban the Quarry/Paradise Watchdogs provided studies from their own experts who testified quarry operations could cause the contaminat­ion from the former Good’s Oil site to migrate to other properties and to the surface, where it could be discharged into a nearby tributary of Swamp Creek, which empties into Perkiomen Creek, a public drinking water source.

Last September, after 20 hearings that stretched from April of 2015 to August of 2017, the zoning board unanimousl­y approved the expansion of the quarry, but attached 15 conditions that must be met.

Two weeks later, the board of supervisor­s voted unanimousl­y to appeal the zoning approval, a legal fight now being fought on an entirely different front.

The permit does address some of the pollution concerns raised in Brant’s appeal.

For example, conditions in the permit note that should an unexpected change occur in the groundwate­r or surface water conditions, or there is “a pattern of well complaints” that Gibraltar my have to apply for a “major permit revision” before moving on to the next quarry level.

Further, in addition to monthly water sampling requiremen­ts, the permit notes that quarry operations could be halted and the permit rescinded, should “unforeseen circumstan­ces” related to the pollution develop.

But Brant’s appeal argues such provisions are too little, too late as the damage will already have occurred instead of being prevented in the first place.

“The monitoring requiremen­ts of the permits will provide concentrat­ions of contaminan­ts after the fact of pollution entering the environmen­t and will not prevent the contaminat­ion from spreading,” he wrote.

In the appeal, Brant also argued the plan for cleaning up the site, and the $1.4 million bond posted to ensure that work is done properly, is also inadequate.

Harris said the township’s permit appeal “certainly did not come a surprise,” as it is all part of the anticipate­d legal challenges to a new quarry proposal.

“This is my fourth greenfield­s quarry project and I used to say it would take seven to eight years, but I now tell my clients it will take 12 to 14 years and lots of money,” Harris said. “Anybody in the quarrying business knows they are looking at a project like this as a long-range project.”

The next step, he said, will be for Gibraltar Rock to file its final site plan approval with the township supervisor­s.

In 2015, the township supervisor­s voted 3-2 to grant preliminar­y site plan approval for the first phase of the project and since then, the township planning commission has recommende­d final site plan approval, Harris said.

“But we said we would wait to submit for final site plan approval until we received our mining permit, which we now have,” he said.

Harris said he anticipate­s the township supervisor­s will consider the matter “at one of their September meetings.”

 ?? DIGITAL FIRST MEDIA FILE PHOTOS ?? The site plan for two of the four Gibraltar Rock parcels which received preliminar­y approval from the New Hanover Supervisor­s in 2015 and will soon be up for another vote.
DIGITAL FIRST MEDIA FILE PHOTOS The site plan for two of the four Gibraltar Rock parcels which received preliminar­y approval from the New Hanover Supervisor­s in 2015 and will soon be up for another vote.
 ??  ?? The impact a proposed expansion of the Gibraltar Rock Quarry would have on groundwate­r pollution at the adjacent lot, once owned by Good’s Oil Co., is central to the township’s appeal of the issuing of a state mining permit.
The impact a proposed expansion of the Gibraltar Rock Quarry would have on groundwate­r pollution at the adjacent lot, once owned by Good’s Oil Co., is central to the township’s appeal of the issuing of a state mining permit.
 ??  ?? A stop work order prevented a 2009 attempt by Gibraltar Rock to begin preparing the site off Route 73 for quarry operations.
A stop work order prevented a 2009 attempt by Gibraltar Rock to begin preparing the site off Route 73 for quarry operations.

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