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that such a project would require an amendment to change the post-mining land <br /> use and reclamation plan, providing the following direction: "No construction <br /> activities related to anything other than the currently approved reclamation as a <br /> developed water resource may take place in Cell 1 until that area is sufficiently <br /> reclaimed and released from the permit. Any significant change, such as the <br /> incorporation of activities related to the anticipated final use as a water treatment <br /> plant [sic] will require a permit amendment." <br /> 4. On May 15, 2009, the Division reviewed and approved a technical <br /> revision to the permit, TR-03, to change only the shoreline configuration of the <br /> northernmost excavated cell. <br /> 5. On April 2, 2012, the Division received a written complaint alleging <br /> excessive fugitive dust from shale stockpiles created as a result of construction of a <br /> municipal wastewater treatment plan in the permit area. <br /> 6. The Division conducted an inspection of the site on April 17, 2012. <br /> Gary Stillmunkes, representing the Operator, attended the inspection. The <br /> Division observed that approximately 400,000 cubic yards (operator estimate of <br /> volume) of shale had been excavated and stockpiled on-site, contrary to the <br /> approved mining and reclamation plan. The Division observed that the unapproved <br /> stockpiles have not been stabilized. The Division also observed that no topsoil <br /> appeared to have been salvaged prior to placing the shale stockpiles and that <br /> several structures associated with a new municipal water treatment plant for the <br /> City of Erie have been constructed on site. <br /> 7. On April 26, 2012, the Division sent the Operator a Reason to Believe a <br /> Violation Exists letter which provided notice regarding the alleged violation and the <br /> April 2012 hearing. <br /> 8. The Operator failed to comply with the reclamation plan, failed to <br /> stabilize and protect the surface area of affected land, failed to preserve topsoil, and <br /> failed to comply with the performance warranty. <br /> 9. The Division holds a financial warranty for the site in the amount of <br /> $1,310,224. The cost to return the stockpiled material to the excavation is an <br /> additional $365,000. <br /> 10. In May 2009, the Operator was cited in regard to the Speer Resources <br /> site for failing to perform reclamation activities prescribed by the reclamation plan <br /> (MV-2009-015) and failing to minimize disturbances to the prevailing hydrologic <br /> balance (MV-2009-016). The Operator resolved the violations by submitting a <br /> permit amendment, Amendment AM04, to the Division in August 2009; the <br /> Division approved Amendment AMO4 in January 2010. <br /> Asphalt Specialties Co., Inc. <br /> M-2004-009 <br /> MV-2012-020 2 <br />