Published: January 25, 2018 |

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CONSOL Energy and two environmental groups have settled an appeal before the state Environmental Hearing Board regarding longwall mining beneath a section of Kent Run near Ryerson Station State Park in Greene County.

Under the settlement agreement, Sierra Club and Center for Coalfield Justice agreed to withdraw their appeal while CONSOL Energy agreed not to longwall mine beneath Kent Run in Bailey Mine’s 3L panel in Richhill Township.

Should CONSOL Energy later decide to mine beneath the stream in the 3L panel it will be required to go through the permit application process again, according to the agreement filed with the hearing board Jan. 5.

The environmental groups also will retain the right to challenge any permit revision application sought by the company for mining beneath that section of stream.

The agreement results from an appeal filed by the groups in December 2016 challenging a state Department of Environmental Protection permit revision allowing the company’s Bailey Mine to mine beneath both Kent Run and Polen Run in the mine’s 3L panel.

The groups maintained the streams, which they called one of the most important remaining water features in the park, would be adversely impacted by the mining, while the company argued any impacts would be temporary and could be addressed through mitigation efforts.

The hearing board issued an order last January prohibiting CONSOL Energy from mining within 100 feet of Kent Run in the 3L panel while the appeal was being litigated.

At the time the order was issued, however, Polen Run in the 3L panel had already been undermined.

Officials with the two groups could not be reached for comment. However, on the Center for Coalfield Justices’ website, Sarah Winner, an attorney for the group, explained the decision saying:

“In the settlement, the parties agreed to quit fighting now and also agreed that we can pick the fight back up again if the DEP approves longwall mining beneath Kent Run in the future.”

In a statement issued by CONSOL Energy spokesman Zach Smith, the company said: “We’re satisfied that the appeal from the other parties was withdrawn to avoid any further unnecessary litigation on this matter.”

The company also recently withdrew an appeal before Commonwealth Court of an August environmental hearing board decision.

In that decision, the board ruled state mining regulators incorrectly issued a permit allowing the company to mine beneath another stream, Polen Run, while anticipating the damage would be so extensive the stream would essentially be destroyed and have to be restored.

In the same ruling, the board found mining officials were in compliance with the law when they approved another permit that allowed the company to mine beneath a dozen other streams in the same area that would be impacted by subsidence but to a lesser degree.

Source: Observer- Reporter

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