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COMMONWEALTH OF PENNSYLVANIA BEFORE THE ENVIRONMENTAL HEARING BOARD
MOUNTAIN WATERSHED ASSOCIATION, Appellant,
EHB Docket No. 2017-004-L V.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Appellee,
and
LCT ENERGY, L.P., Permittee.
STIPULATION OF SETTLEMENT
AND NOW, this 25th day of January, 2018, Appellant Mountain Watershed Association
("MWA") and Perrnittee LCT Energy, L.P., ("LCT") (collectively, the "Parties"), with the intent
of resolving the above-captioned appeal, enter into this Stipulation of Settlement ("Stipulation")
and agree as set forth below.
WHEREAS, MWA filed an appeal at the above-captioned docket on January 13, 2017
challenging the Department of Environmental Protection's ("DEP") issuance of the Rustic Ridge
No. I Mine ("Mine") Coal Mining Activity Permit #65131301 ("CMAP") and the National
Pollutant Discharge Elimination System ("NPDES") Permit 4PA023624I;
WHEREAS, the Parties have reached an amicable resolution of the appeal as described
in this Stipulation.
NOW THEREFORE, the Parties desiring to resolve this matter and intending to be
legally bound hereby, agree as follows:
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1. Coal barrier between Meicroft No. 3 and the Mine
a. One of the issues in the appeal relates to the size of the coal barrier
between an abandoned mine known as the Meicroft No. 3 Mine ("Meleroft No. 3") and the
proposed Mine.
b. The CMAP allowed for an 800 foot horizontal barrier between the Mine
and Meicroft No. 3.
C. The horizontal barrier between Meicroft No. 3 and the Mine will be
expanded from 800 feet (as provided in the CMAP) to 1400 feet.
d. LCT will submit a revised Coal Mining Activity Permit ("CMAP")
application to the Department of Environmental Protection to reflect the barrier change to 1400
feet. As part of the 1400 foot barrier, LCT will request that the CMAP permit boundary move
600 feet to the northeast from the Mekroft No. 3 Mine with an additional 800 foot buffer within
the new permit boundary.
e. LCT will install a piezometer completed in the Lower Kittanning coal
seam as identified in the CMAP within the 1400 foot horizontal barrier at a location to be
mutually agreed-upon between the Parties, assuming that LCT obtains reasonable access from
the owner of the property where the piezometer is to be installed. In the event that reasonable
access cannot be obtained, then the Parties will work to find a mutually agreeable location for the
piezometer. Such piezometcr shall be completed before coal removal from the mine commences
or, in the event that reasonable access cannot be obtained, as soon as possible after a mutually
agreeable location for the piezometer is found.
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f. After the piezometer is installed, LCT will conduct quarterly monitoring
of the water level in the barrier and will provide that data to MWA in an electronic format within
five business days after LCT receives the data or ten calendar days after sampling.
g. After the piezometer is installed, and when coal extraction at the Mine
reaches 2000 feet from the piezometer, LCT will conduct monthly monitoring of the water level
in the barrier and will provide that data to MWA in an electronic format within five business
days after LCT receives the data or ten calendar days after sampling.
h. After the piezometer is installed, and when coal extraction at the Mine
reaches 1000 feet from the piezometer, LCT will conduct weekly monitoring of the water level
in the barrier and will provide that data to MWA in an electronic format within five business
days after LCT receives the data or ten calendar days after sampling.
After the piezometer is installed, and when coal extraction at the Mine is
complete in the area of the Mine closest to that piezometer (within 2,000 ft), LCT will conduct
quarterly monitoring of the water level in the barrier until the Mine is sealed, and will provide
that data to MWA in an electronic format within five business days after LCT receives the data
or ten calendar days after sampling. MWA will have the option to maintain access to the
piezometer after the mine is closed.
2. Discharges from Outfall 003
a. The NPDES permit identified three outfalls (001, 002, and 003) for
discharges from the proposed surface treatment facilities of the Mine.
b. Outfall 003 is designed to pass a maximum discharge of 2.96 MGD, or
approximately 2,050 gpm; the 2,050 gpm maximum discharge is comprised of 1,500 gpm from
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the dewatering of the coal seam to facilitate mining, 150 gprn from the coal storage area sump,
and 400 gpm from the pit area sump.
C. LCT will limit the 1,500 gpm discharge through Outfall 003 associated
with the dewatering of the coal seam to a maximum of 1,000 gpm. Discharge from the coal seam
will not be routed through Outfall 001 or 002.
d. The permitted 150 gpm discharge from the coal storage area sump and the
400 gpm discharge from the pit area sump, which are caused by precipitation influences, will
remain unchanged.
C. LCT will relocate Outfall 003 downstream of its current permitted location
to a point just prior to its confluence with Champion Creek.
3. Discharge Water Quality
a. Within 20 days of the execution of this Stipulation, LCT will provide to
MWA its treatment plans and/or assumptions regarding how LCT expects to meet its NPDES
effluent limits related to Outfall 003.
4. Mine Ventilation Fan
a. LCT will expand the pit to accommodate development of the three slopes.
and install the Mine ventilation fan in the pit. This will eliminate the need for the fan shaft and
return shaft.
b. LCT will use a variable frequency fan.
C. When developing the slopes, LCT will utilize auxiliary fans that will be
located primarily underground during slope development. LCT will make commercially
reasonable efforts to minimize noise from the auxiliary fans.
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5. Blasting
a. LCT will limit its Peak Particle Velocity (PPV) to 1.0 inch per second.
b. LCT will limit its air blast to 126 decibels.
C. LCT will provide MWA with its shot reports after each blast within five
business days of LCT's receipt of the shot reports and associated seismograph readings.
d. LCT will provide MWA with an electronic copy of the approved blast
plan.
e. Prior to and throughout blasting, LCT will install, maintain, and ensure the
proper functioning of a seismograph at the home closest to the blasting area, provided that LCT
can obtain reasonable access from the property owner. If LCT cannot obtain reasonable access,
LCT will place, maintain, and ensure the proper functioning of the seismograph at the above-
ground Mine permit boundary nearest to the home closest to the blasting area. MWA may
inspect and document the set-up of the seismograph and LCT will provide notice to MWA to
observe the installation.
f. MWA and LCT mutually agree to utilize Wampum Hardware for
installation and readings of the seismograph.
g. LCT agrees to provide telephonic notice within a reasonable time prior to
each blast to those residents who live within one half mile of the blast area whose names and
phone numbers have been provided to LCT by MWA.
h. LCT will work to identify residents who did not receive pre-blasting
survey notices within 1/2 mile of the Mine because of relocation or death, including the list
provided by MWA, and send the pre-blast notice to the identified residents.
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6. Information Provided to MWA
a. LCT will provide MWA with each paper copy of its six month Mine map
after it has been accepted by the DEP.
b. LCT will provide MWA with an electronic copy of its hydrologic
monitoring reports and discharge monitoring reports at the same time that they are provided to
DEP.
C. LCT will maintain pumping rate documentation associated with the
dewatering of the coal seam, to be provided to MWA on a monthly basis.
7. Lihtinn
a. With respect to on-site lighting at the Mine, LCT will provide canopy
lighting and dark-sky lighting, to minimize light spillage and as acceptable to the Mine Safety
and Health Administration and DEP.
8. Trees
a. LCT will pay for trees up to a total of $7,500 (not including labor) to be
located where mutually agreed between LCT and MWA and not to interfere with LCT's Mine
operations.
9. Wells
a. LCT will update its property search, test all groundwater supplies
previously unidentified, test all wells previously labeled unidentified or unknown, and update
Form 8.3 (Groundwater Inventory) in Module S of the CMAP.
b. As part of its update of the groundwater inventory, the DEP has issued
Procedures for Establishing the Quantity of Water in Low-Yield Wells, Document Number 663-
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2112-606, dated November 28, 2009 ("Technical Guidance Document"), which contains options
for testing low-yield wells that are inaccessible for water level measurements.
C. During pre-blasting and pre-mining surveys, with respect to the
inaccessible wells described in the Technical Guidance Document, and to the extent reasonably
practical, LCT agrees to uncover the well head in order to perform a specific capacity test, water
quality test, and to gather other pertinent information (provided that LCT can obtain reasonable
access from the owner of the well), even though that is not required in the Technical Guidance
Document. The resulting updates to the groundwater users inventory in Module 8 will be
provided to MWA upon submission to the DEP.
10. Subsidence Control Plan
a. Module 22 of the CMAP provides that "[i]n the mains and submains, the
entry and cross cut widths are proposed to be a minimum of 16 feet, on average 20 feet, and a
maximum of 22 feet in the belt entries where track is proposed."
b. LCT agrees that the size of the entry and cross cut widths will be a
maximum of 20 feet in all entries and cross cuts.
11. Additional Agreements
a. LCT shall submit all applications or submittals to the DEP necessary to
perform LCT's obligations set forth in this Stipulation.
MWA will withdraw the above-captioned appeal with prejudice within
five days of the execution of this Stipulation.
C. MWA agrees not to challenge or appeal any permit modifications or other
permitting actions or authorizations required by or resulting from this Stipulation or to
participate in any such challenge or appeal.
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d. With respect to all communications concerning this Stipulation:
i. All written correspondence to MWA shalt be addressed to:
Beverly Braverman, Executive Director Mountain Watershed Association 1414 Indian Creek Valley Rd. Meicrofi, PA 15462
ii. All electronic correspondence to MWA shall be addressed to: [email protected]
iii. All written correspondence to LCT shall be addressed to:
Mark Tercek, President LCT Energy, L.P 938 Mt. Airy Drive, Johnstown, PA 15904
iv. All electronic correspondence to LCT shall be addressed to: mark.terceklctenergy.com
e. This Stipulation constitutes the entire agreement between the Parties, and
no alterations, additions, or amendments shall be valid unless mutually agreed to by the Parties
and set forth in writing and duly executed by them.
E The Parties agree to bear their respective attorney's fees, expenses, and
costs associated with this matter, and to not seek costs or fees from any party to the above-
captioned appeal.
g. By their signatures below, the Parties consent to the terms of this
Stipulation and represent that they are authorized to execute the Stipulation on behalf of the
respective party.
h. This Stipulation may be executed by the Parties in any number of
counterparts, each of which shall be deemed an original and all of which, when taken together,
shall be deemed to constitute one and the same instrument.
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MOUNTAIN WATERSHED
LCT ENERGY, L.P. ASSOCIATION
By:
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