"You eat asphalt on that side," several cried as they swapped activities at the quarry's main office Thursday. "It's good."  

About 120 fourth-graders from Rice Elementary spend the day at Small Mountain Quarry on Thursday, learning about different aspects of the aggregate industry. The visit was part of a nationally-recognized educational program called Rockman, designed to teach students and parents about the aggregate industry and its environmental efforts.  

Officials at Slusser Bros., a subsidiary of Harrisburg-based Pennsy Supply Inc., shut down the quarry for the day so the students could see each step of the mining process. They also took part in activities geared toward helping them understand how the mined rock becomes part of the roads and concrete structures they see everyday.  

"I'm melting the liquid asphalt," said Beth Brominski, construction administrative assistant, as she stirred a bowl of melted marshmallows and black food dye.  

The students had the chance to stir in rice cereal then pound the mixture between pieces of wax paper as if rolling asphalt onto a roadway. Alyssa Bennett, 10, of Rice Township grinned as she showed off how the treat turned her teeth black before she hustled off to wash up.  

At another station, John Veronick, quality control employee, and Jeff Judge, quality control manager, displayed samples of rock and explained how they're used for concrete and paving materials. Veronick explained that his job is to take samples and ensure that the end products are manufactured correctly.  

Veronick described the large crushing machinery that chomps up the rock, "almost like the Cookie Monster," he said.  

During the presentation, students poked their fingers into a solidified pan of liquefied asphalt and shifted through chunks of recycled asphalt. After touring the rock pits, the students peeped out their school bus windows as they went through a weigh station, watching several hoses spray water to knock the mud off the bus tires.  

Patrick Bartorillo, quarry general manager, said this was the third time students from Rice Elementary have visited the quarry. Company employees also spent the week at Rice Elementary, educating the children about the surface mining industry. They also included a public safety portion warning them about the dangers of playing in abandoned mines and quarries. The Mine Safety and Health Administration reports about 30 people a year die after having accidents at mining sites they've accessed without authorization, he said.  

"We try to get that message out to them," he said.  

From The Citizens Voice

Rice Elementary School fourth-grader Kyle Dotzel is not as tall as a wheel on a large truck used at the quarry.   Fourth-grade students from Rice Elementary School in Mountain Top pose near a wheel from a giant truck used to move stone from the Small Mountain Quarry. The students were touring the quarry as part of their studies about rock.  

Rolling out Rice Krispies treats modified with black food coloring was one of five hands-on workshops in which Natasha and about 120 other fourth-graders from Rice Elementary School participated on Monday during a tour of Small Mountain Quarry.  

The tour was a field trip finale to a week’s worth of classes taught by quarry employees at their school.   Fourth-grade teacher Mark Bensavage said this is the third year that Slusser Brothers – a subsidiary of quarry owner/operator Pennsy Supply – has supplemented the fourth-grade science, reading and math curricula with state-certified quarry-based teaching materials and provided tours to the students.  

“One of the important things is that they get an understanding of natural resources. They learn about things they see all around them – they get to see what roads are made of. And it’s key for them to see the recycling aspect of the plant,” Bensavage said.  

Wearing hard hats, safety vests and goggles that they could take home with them, the students were divided into three groups and rode school buses from one area of the quarry to another for the workshops.  

One of the workshops took place in the belt press building, where Slusser Brothers Sales Manager Vic Bogetti reminded the students they learned about conservation and reclamation last week.  

“This building is all about those concepts. …We need to every day use water to clean the rock at the main plant. That water gets filthy, and this building is how we actually take that little bit of mucky material out of it and recycle it – send it back up to the plant so it can clean more stone,” Bogetti said.  

Maintenance Manager Todd Smith showed the students what the dirty water looks like and explained how it is cleaned using a clarifying solution. He said a “mud squeezer” presses the water out of the dirt, which will be used later for reclamation of the quarry land, and he let them touch a sheet of the dried mud.  

Smith also showed the students photos of former quarry sites that were reclaimed and became recreational areas.  

Another recycled material the students learned about was asphalt, which employees told them was the most recycled material in the United States.  

Employees explained the process through which larger rocks are ground down into smaller stones of various types, including the aggregate used as a base for roads and highways. The students had the opportunity to feel the different types of stones and they passed around cross-sections of layered asphalt taken from area roads.   The students also traveled to an overlook, where they looked down on sedimentary rock formations they learned about last week.  

One of the more fun activities was climbing up into some of the large loaders and trucks used in quarry operations. And they talked with equipment operators who explained their jobs.  

About 150 of those employees could lose their jobs if state or local governments deny the quarry permission to expand onto about 120 adjacent acres, Slusser Brothers General Manager Patrick Bartarillo told a reporter. The 60 acres on which the quarry currently operates is nearly depleted of resources, he said.  

Some township residents oppose the quarry expansion, citing environmental concerns.  

Slusser Brothers is waiting on permit approval from the state Department of Environmental Protection before giving township officials new expansion plans that they believe address concerns of both residents and officials.   Down at the bottom of a quarry pit, Bartarillo told students the most important thing they need to remember about quarries. “Unfortunately, every year, about 30 people lose their lives by coming onto abandoned quarries and active quarries when they’re not invited,” he said.  

The U.S. Mine Safety and Health Administration created the “Stay Out, Stay Alive” education program to teach people about the dangers of quarries, Bartarillo said, urging the students not to give in to peer pressure to go swimming in quarry pits. Some of the pits have dangerous rock walls and water that is so cold, “you won’t last long in it,” he said.  

While Natasha Koslop’s favorite part of the tour was trying the “edible asphalt,” her friend Kaitlyn Roberts said she liked learning about the geodes the students were given.  

Asked if she would like to work at a quarry some day, Kaitlyn said she wants to work “down in the quarry and take out the rock.” When Bensavage reminded her that she previously wanted to be a teacher, Kaitlyn said she could be a teacher at the quarry, like the Slusser Brothers employees who taught her and her classmates.  

Bensavage said Slusser Brothers “really go out of their way” for the students. “They shut down the whole quarry for us. They provide something for the kids to take away – this year, the geode stones with the quartz inside; last year, they made sand sculptures. And they provided the students with lunch,” he said.  

“They’re trying to educate the community and the students who are part of the community. I think they do a good job.”  

From the Times Leader

For the past several years, quarry owners Slusser Brothers Inc. have launched a two-pronged campaign to obtain the needed permission to mine an additional 128 acres across Small Mountain Road. They first hit a roadblock in 2007 when the township zoning board denied special exemptions needed to make the original expansion plans work.  

Slusser Brothers appealed the zoning board's decision, but it was upheld in county and commonwealth courts. The company asked the state Supreme Court last month to consider an appeal, arguing the zoning board and the lower courts "erred when they sided with opponents merely on the basis that the quarry would have impacts that are normal for a quarry."  

While struggling to gain a judge's approval, the company also introduced redesigned plans they feel both address residents' concerns and circumvent the need to request special exemptions from the zoning board. That plan needs township supervisors' conditional approval, which quarry officials hope to gain as well as obtaining a mining permit from the state Department of Environmental Protection.  

Patrick Bartorillo, quarry general manager, said if the expansion is thwarted, resources at the existing 68-acre mining sites will be depleted in late summer or early fall. The plan's approval would allow 50 more years of mining, he added.  

"We're really up against it now," he said.  

Slusser Bros., a subsidiary of Harrisburg-based Pennsy Supply Inc., also contributes about $5 million to $7 million annually in purchases to local suppliers as well as working with area subcontractors, Bartorillo said. That means the quarry's closure would have a trickle-down effect on the local economy, he added.  

"With the economy the way it is, these are good jobs," he said.  

Mark Carmon, DEP spokesman, said the Pottsville district mining office is reviewing the non-coal surface mining permit application, but there's no telling when a decision will be reached. There's also no guarantee a permit will be issued, he said.  

"Each one is unique," he said, adding DEP usually has questions for applicants that need to be addressed before the permit is approved.

The quarry's plans to expand haven't exactly been met with open arms from nearby property owners. The increased noise and dust and possible impact on the environment are major concerns for several residents who intervened in the suit in support of the zoning board's decision.  

William Higgs, attorney for residents opposed to the expansion, said at a public hearing to display the revised plans that they weren't convinced the quarry's alternate proposal would have no impact on the environment and residents' properties. A main concern is the effect runoff from the quarry would have on nearby Balliet Run, high-quality trout waters and a tributary of Wapwallopen Creek.  

Kevin Casey, a vocal and longtime opponent of the expansion, said contamination from the mining operation could come through the many springs running off the mountain and pour into Balliet Run. He doesn't believe quarry officials have done enough testing to prove runoff wouldn't be a threat to the environment, he said.  

"Those springs coming off the mountain are just like Balliet Run," he said.  

Casey also said dust coming from the quarry is a major problem at his adjacent property, and would only get worse if the expansion goes through.  

"My water spigots are constantly clogging up, because when they dynamite things shift underground," he said.  

However, quarry officials feel the changes in the plan satisfy most of the issues that residents have raised. Bartorillo said they have changed drainage patterns so runoff comes down the side of the property farthest from Balliet Run and nearby wetlands. A buffer zone will be left between the quarry's property and the wetlands, also shielding the mining sites from the view of nearby homeowners, he added. Additionally, all crushing equipment will be enclosed to alleviate noise and suppress dust.  

"It's a commitment the company is making. It's an investment of about a million dollars to enclose all the equipment," he said.  

Casey also took issue with quarry officials' contention that 150 employees would be out of a job if the quarry closes, calling it a "misleading statement." He referenced a mining report sent from the quarry to DEP listing the number of employees at around 20.  

Bartorillo said that report only takes into consideration the miners, not the maintenance personnel, management staff and truck drivers that also work at the quarry.  

Last month, township residents Albert and Florence Drums and their relatives filed a lawsuit in Luzerne County Court asserting the family owns 25 percent of the mineral rights for 196 acres of the quarry.  

The Drums, of 1242 S. Main Road, are descendants of the deceased Charles and Mary Broghammer. According to the suit, the Broghammers retained 50 percent of mineral rights when they sold the two tracts of land that Slusser Bros. later acquired, according to the suit.  

The plaintiffs also want Pennsy Supply to account for all stone and minerals removed from the site and cease operations there. Higgs, attorney for the Drums family, said the family wants to establish their rights and believes its clear in the title that they own a portion of the mineral rights.  

Margaret Drum of New Jersey, Marion Drum Hildebrand of Mountain Top, Donald and Mary Drum Eroh of Mountain Top, Ruth Drum Ionna of Nanticoke and Margaret Coleman Drum London of Forty Fort are also plaintiffs in the suit.  

Sean Connolly, spokesman for Pennsy Supply, said after the suit was filed, that the quarry's attorneys are reviewing it, "but we feel it has no merit."  

Source: Citizens Voice

“We are pursuing every option possible to keep this quarry operating.  We are committed to keeping our workers employed,” said Patrick Bartorillo, General Manager of Small Mountain Quarry.  “This project is vital to our business and the regional economy.”

In July 2007, the Dorrance Township Zoning Hearing Board denied Slusser Brothers’ application for the quarry expansion.  The company appealed the board’s decision to Luzerne County Court and then to the Commonwealth Court, saying the company met the requirements for a special exception under the township’s zoning ordinance.  In December 2009, Commonwealth Court denied the company’s appeal and later declined to reconsider its decision.

The Board, the County Court and the Commonwealth Court all affirmed that Slusser Brothers met its burden of proving that its application met the requirements in the Dorrance Zoning Ordinance for grant of approval.  Slusser Brothers argues to the Supreme Court, however, that the Board and the lower courts erred when they sided with opponents merely on the basis that the quarry would have impacts that are normal for a quarry.

 Instead, under applicable zoning law, the Board should have required opponents to show a “high degree of probability” of community impact “greater than might be expected under normal circumstances.”  The Board did not hold the opponents to this correct standard and therefore committed an error when it denied the application. 

Slusser Brothers also argues that the Board’s decision did not state the facts and reasons supporting its decision and that the Commonwealth Court relied in its decision on facts that were either not found by the Board or not on the record.  For example, the court cited a statement from objectors that nearby Balliet Run had been “destroyed” by sediment from the quarry.  However, the quarry does not drain into Balliet Run.  In fact, the classification of Balliet Run actually was upgraded in 2008 to a Class A Trout Stream by the Pennsylvania Fish and Boat Commission, proving that it had not been damaged by the quarry.

Small Mountain Quarry has operated for more than 20 years on the north side of Small Mountain Road.  It has a stellar record of compliance with Pennsylvania’s Department of Environmental Protection regulations.  The proposal calls for opening a new quarry pit and moving some of its operations to the south side of Small Mountain Road, which is an industrial zoned area that permits quarrying. There would be no increase in truck traffic because the company plans to continue the same rate of operation.

As the appeal of the company’s initial plan has worked its way through the courts, Slusser Brothers filed a revised proposal with the Dorrance Township Supervisors that did not require a special exception from the Zoning Hearing Board.  The revised plan is currently being reviewed by the state Department of Environmental Protection.  

The owners of Small Mountain Quarry in Dorrance Township are attempting to reverse a state judge's decision denying the company special exceptions for a proposed quarry expansion.  

Slusser Bros., a subsidiary of Pennsy Supply Inc. that owns and operates Small Mountain Quarry, filed on Wednesday an application for reargument with Commonwealth Court asking the court to reconsider its decision to deny an expansion project, the company announced Wednesday.  

Judge Johnny J. Butler issued an opinion in Commonwealth Court in December concluding the township zoning hearing board had properly denied Slusser Bros.' application for special exception, variances and challenges to the township zoning ordinance.  

Slusser Bros. contends that the company satisfied the legal requirement to show that the expansion is permitted under the zoning ordinance. The company also claims the quarry expansion would protect 150 jobs.  

"We have made a commitment to our employees to keep this quarry operating," said Patrick Bartorillo, general manager of Small Mountain Quarry.  

Zoning board solicitor Richard Hughes said the board was pleased with the court's decision, but he isn't surprised the quarry owners are moving forward with an appeal.  

"We felt that it was appropriate, given the arguments we made," he said of Butler's decision.  

The expansion proposal calls for moving the operation to the south side of Small Mountain Road. Earlier this year, Slusser Bros. presented township supervisors with a redesigned plan to expand the quarry.  

In June 2008, Court of Common Pleas Judge Ann H. Lokuta upheld the July 2007 decision by the township's zoning hearing board to reject the original expansion plans of the 60-acre Small Mountain Quarry onto a 189-acre property on the south side of Small Mountain Road.  

"We all want to go home safe," Giza said. 

Giza, who has worked eight years at the quarry, is one of 16 employees who will lead a safety steering committee that will determine the new practices of safety at Small Mountain Quarry.  The steering committee members have a combined experience of more than 125 years.

"If someone gets hurt, it costs everyone money," Giza said.  "This new process starts with the employees.  We will have management involved, but it starts with the employees."

General Manager Patrick Bartorillo said Slusser Brothers, a subsidiary of PennsySupply that owns Small Mountain Quarry, is committed to developing a world-class safety process that relies on employees to identify safety needs and recommend solutions on how to fix them.

In the past, Bartorillo said, safety was an issue for management that directed employees on practices to stay safe.  Under the new approach, it will be the employees who tackle safety issues and direct management on the tools and training needed to be successful.

"It is bottom-up, rather than top-down," Bartorillo said.

Giza said the steering committee this fall met with representatives of Milliken & Company, a South Carolina-based manufacturing company that created a revolutionary approach to safety over the course of two decades.  Giza said the Milliken employees showed quarry employees how to create the process to a new safety approach, but it is solely the responsibility of Slusser employees to determine what the safety needs are at Small Mountain Quarry and how the company will meet the goals.

At the first meetings, the steering committee identified a list of safety needs - some very minor, some complex.  From there, the steering committee established goals for the new safety process.  The only requirements were that the goals be realistic, attainable and measurable.

The steering committee will now meet regularly to move the process forward, creating subcommittees for employees to tackle the issues identified by the steering committee.  The group also adopted a name for the steering committee, "Safety Employee Action Team."  SEAT members will be identified on the job with a red hard hat or a patch, encouraging employees to approach them with safety issues.

Wayne Punch of Milliken said it is important that employees know there are team

members who are able to hear their safety concerns and address them.  Sometimes, he noted, employees could be reluctant to raise issues with managers, so giving workers the freedom to approach colleagues with safety concerns encourages communication.

Punch said team members will establish milestones in creating the safety process. 

He said the mission of the Safety Employee Action Team is to work toward safety that is the envy of industry standards by promoting safety for everyone in the company, from the workers in the quarry to the staff in the administrative office.  He said the goal of the safety process is 100 percent employee participation, with workers participating in at least one of the Safety Employee Action Team's sub-committees that will be established.

Punch said there are two keys to the program's success:  the employees have to "own it" and the management has to support them.

"It's a safety foundation that changes a way a company does business," Punch said. 

"It indicates to the employee that the company cares about them."

Darren Rech, Safety Director for Pennsy Supply, said the company is committed to establishing a new corporate approach to making its sites as safe as possible.  Rech said the company is willing to invest in the safety needs of employees.  Studies have shown that investment pays off by avoiding costly injuries and down time and by improving employee morale and creativity.

"This process gives our employees the tools and the understanding to be safe," Rech said.

Bartorillo said Small Mountain Quarry already has a good safety record.  He noted that the quarry consistently performs better than the industry standards in safety. 

The new approach to safety, which puts employees in charge of the process, will improve that record.

"Being better than the industry average...we just aren't satisfied with that.  Our employees deserve a world-class safety process," Bartorillo said.

At the two-hour meeting, which was held in an open-house forum, DEP officials manned tables to answer any questions that residents had about the quarry expansion project. The DEP officials at the meeting included mining compliance inspectors, a permit manager, a geologist and a blasting and explosives specialist.

The DEP officials had copies of the detailed plans for the project. In addition, Pennsy Supply, which owns the quarry in the industrial zoned area, provided an engineer, a groundwater consultant and a quarry manager to answer neighbors’ questions.

Several residents questioned DEP officials about how the quarry expansion would impact groundwater, wetlands and the nearby Balliet Run. Following several public hearings and comments by the Dorrance Township Supervisors, Pennsy had its engineers conduct extensive testing of the environmental impact of the project. The test showed that there would be no noticeable impact from the quarry excavation on off-site ground water and no impact on Balliet Run or on wetlands.

In response to the Supervisors and members of the community, Pennsy had its engineers revise the plan to ensure that no storm water will flow from the quarry into Balliet Run during the period of its operation. Balliet Run was reclassified as a highquality trout stream last year. Storm water will flow northward, as it presently does, though most of it would be infiltrated through the ground.

DEP also provided a stenographer to document any comments residents had about the project. Residents also were able to submit comments in writing to DEP as it considers the application by Pennsy for a permit to expand the quarry.

Joe Mager, an engineering manager for Slusser Brothers, is used to spending his days determining grades and calculating distances for construction crews on road projects throughout Northeastern Pennsylvania. So it was a nice change for Mager to spend the day at Small Mountain Quarry surrounded by curious fourth graders. Mager and dozens of Slusser Brothers employees recently hosted the fourth grade of Rice Elementary at the class tour of Small Mountain Quarry.

The students learned about engineering, surveying, heavy equipment, rock formations, road materials and protecting the environment. More than 100 students spent the day at the quarry, traveling from one work station to another in school buses, learning about the different jobs at the quarry and enjoying lunch under a large tent near the heavy equipment.

A Slusser Brothers engineer, Kristin Smith, explained how the quarry recycles the water it uses through belt-press machines. The quarry conserves thousands of gallons of water every day using the process. Smith was one of several female employees at Small Mountain Quarry, who informed students about the aggregate industry and the jobs available at the quarry. Language Arts Teacher Amanda Yeager said that had an impact on the girls on the tour.

Slusser Brothers employee, Beth Brominski spent four days at Rice Elementary before the tour, teaching the students about what types of jobs are available in the aggregate industry. Brominski discussed the different types of materials that are produced at Small Mountain Quarry used to build roads, bridges and highways in Luzerne County. She also discussed the heavy equipment used in quarrying and construction operations and safety issues.

The tour of Small Mountain Quarry is part of a comprehensive educational program called RockMan, which is sponsored by Pennsy Supply, the parent company of Slusser Brothers. The goal of RockMan is to teach the next generation about employment opportunities in the aggregate industry.

The tour, held on May 18, was the second year that Slusser Brothers suspended operations at the quarry to host the fourth graders from Rice Elementary. General Manager Patrick Bartorillo said the tour is one of several ways Small Mountain Quarry shows its support for the community.

“It is a way for us to give back to the community. Hopefully, it will also inspire our young people from the area to stay here, find good jobs and raise a family,” Bartorillo said.

He noted that the Small Mountain Quarry employs nearly 150 workers, including engineers, equipment operators, construction workers and maintenance employees. Many of them have worked at the quarry for more than 20 years.

The American Legion of Mountain Top, Post 781, has donated land to be used for a police shooting range, allowing police officers from Wright, Fairview and Rice townships to receive required firearms training without travel expenses.

Wright Township Police Chief Joseph M. Jacob said the 22 police officers from the three police departments previously had to travel 45 minutes to an hour to get to a suitable shooting range in the Poconos. Now, officers can obtain their annual certification in firearms training, plus practice tactical situations close to home.

“This range offers us the opportunity to do all of that training, plus work on live fire scenarios,” Jacob said.
Jacob said police officers must be certified in firing their department issued handgun, their department issued shotgun, and department issued patrol rifle, as well as any weapons they carry while off duty.

The range is approximately 30 yards long with paved aggregate and an earthen bank as a back stop. There are paved blacktop platforms at three, five, 10, 15 and 25 yards to allow the police officers to practice shooting from varied distances. The blacktop areas allow the shooting range to be used in inclement weather and yearround, Jacob said.

The best news is that the new shooting range did not cost taxpayers any money. The land was donated by the American Legion, excavation was donated by DW Construction of Mountain Top and the surveying and paving was donated by Slusser Brothers of Dorrance Township.
“It’s great to have good corporate neighbors,” Fairview Township Police Chief Joseph Intelicato said. “We can’t thank the people involved enough. We never could have been able to do it without them.”

Al Finn, Conservation Officer with the American Legion Post 781, said his organization was glad to team with DW Construction and Slusser Brothers to create the shooting range for the police departments.

“Now, they don’t have drive great distances to get their certification two times per year,” Finn said. “This is saving the taxpayers money in gas, and it improves our protection.”

Patrick Bartorillo, General Manager at Slusser Brothers’ nearby Small Mountain Quarry, said the company is pleased to contribute to the quality of life in the community. He noted that the quarry has a Citizens Advisory Committee, which recommends worthy community projects to the company.

Police Chief Jacob estimated that it would have cost taxpayers tens of thousands of dollars for a new shooting range, if the police departments had to buy land and pay for surveying, excavation and paving.

“This would be way out of our budget. Slusser Brothers donating the material and manpower is just great.”

Slusser Brothers General Manager Patrick Bartorillo said the company was glad it could help the conservation district repair the township road. He said the close proximity of Small Mountain Quarry made the work possible.

From the October 15, 2008 online edition of The Mountaintop Eagle.

From the October 9 edition of Mountain Peaks

Kristin Smith, a process engineer at Small Mountain Quarry, told a group of wide-eyed fourth-graders from Rice Elementary School that the math, science and reading she learned in grade school helped her choose a career in engineering.

“And I really love rocks!” she said.

[View additional photos below at end of story]

Smith was one of dozens of Slusser Brothers employees who hosted the 130 school children on the day-long tour of Small Mountain Quarry.  The employees explained how the quarry operates and discussed career opportunities at the quarry as engineers, equipment operators, truck drivers and maintenance employees.

At the belt press building, Smith was joined by Shawn Maslo, a belt press operator, and Todd Smith (no relation), a maintenance manager.  They explained how the quarry conserves thousands of gallons of water every day by recycling it through the belt press machines.

“Water is a precious resource, and we are being environmentally conscience and responsible by re-using the water through our water recycling process,” she said.

The tour of Small Mountain Quarry was the final event of a week-long education program called “RockMan,” sponsored by Pennsy Supply, the parent company of Slusser Brothers.  The goal of RockMan is to teach the next generation about the aggregate industry and the jobs that are available in the industry.

The nationally recognized program not only benefits students but helps educators meet grade-level requirements.  RockMan uses basic core curriculum subjects through designed lesson plans in mathematics, reading, science, social studies, art, physical education, music and writing skills development – each of which present a specific concept related to the aggregate industry.

At the quarry, the students were divided into four groups to learn about water conservation, geological formations, heavy equipment and quality control.  The students were issued hard hats, vests and safety goggles that they could take home.  They rode in school buses to the different stations throughout the quarry.

In between the classes, the students were treated to a lunch of sloppy joes, hotdogs, macaroni and cheese, nachos, cake and lemonade.  The lunch was served by Slusser Brothers employees, many wearing their safety equipment and hard hats.

Patrick Bartorillo, the general manager, showed the students the top and the bottom of the quarry.  He explained the types of sedimentary rocks and how they formed in layers.  Stanley Witinski, shop procurement officer, and Charlotte Gerhard, construction administrative assistant, showed the students how to fill vials with colored sand to teach them about the rock layers.

Joe Dodson, a salesman for Slusser Brothers, explained how the quarry on the northside of Small Mountain Road will be reclaimed with topsoil, grass and trees.  The current quarry site is scheduled to exhaust its materials in the next few years and will close.

Dave Johnson, an equipment manager, took the students on a tour of the heavy equipment.  He asked the students to guess the weight of the huge tires for the haul trucks and let them take their turns behind the wheel of one of trucks.

“This is cool!” said one fourth-grader as he examined the equipment.

A highlight of the visit for the students was making their own “road” using darkened Rice Krispies.  They rolled the road onto wax paper to form the road, let it set and then proceeded to eat it.  The students didn’t know that aggregate could taste so good.

Slusser Brothers is northeastern Pennsylvania’s leading supplier of aggregate, sand and asphalt.  Serving the region for more than 40 years, Slusser Brothers operates two quarries, one sand-and-gravel facility, three asphalt plants and two crushing facilities.  Slusser Brothers employs more than 150 workers at the Small Mountain Quarry.

General Manager Patrick Bartorillo shows the students how the rock layers were formed.

Project Manager Russ Banta helps students make Rice Krispies road cookies.

Ronnie D'Angelo serves hotdogs to the students.

Sales Manager Joe Dodson discusses reclamation.

Students guess the weight of a truck tire.

Students learn about heavy equipment.

Students take turns driving the truck.

The Dorrance Township Asphalt Plant of Slusser Brothers, a subsidiary of Harrisburg-based Pennsy Supply, Inc., has earned the National Asphalt Pavement Association's (NAPA) Diamond Achievement Commendation for Excellence in Hot- Mix Asphalt Plant/Site Operations.

"This commendation belongs to our asphalt plant employees, who work hard to ensure that we provide our customers with a good product while ensuring that our site meets the strict regulations imposed on our industry," said General Manager Patrick Bartorillo.

NAPA developed the Diamond Achievement Commendation program in 1999. The self-assessment process addresses six essential facets of the hot-mix asphalt (HMA) plants and sites: appearance, operations, environmental practices, safety, permitting and regulatory compliance and community relations. Earning the commendations exemplifies the commitment to excellence in all aspects of HMA facilities, and symbolizes continuous improvement in operations and community relations.

"The Diamond Achievement Commendation is an honor in which a company and a community can take pride," said NAPA's Chairman Ron White. "It clearly demonstrates a corporate commitment to excellence with a community focus and sensitivity."

For more information on NAPA, please call Margaret Cervarich at 1- 888-468-6499.

By JILL WHALEN
Staff Writer

The rising cost of asphalt means that some area municipalities are cutting back on the roadwork they had originally planned for this summer. It also will impact the state’s road program sometime in the future.

The soaring price of asphalt is due in part to the rising cost of oil – one of the ingredients used to make the blacktop.

According to figures published by the asphalt industry, the cost of a ton of asphalt has almost doubled since January 2007.

Jill Hawk, a Conyngham councilwoman and member of the borough streets committee, knows all too well that the price to pave roads has gone up. Therefore, she said, the borough is making changes to its original roadwork plans.

“We are cutting back,” she said. “We only have so much to go toward paving.”

Hawk said the prices wouldn’t keep the borough from patching potholes. And she said borough officials might still decide to pave roads on an as-needed basis.

“But we’re hoping we can hold off until the liquid fuels money comes in next April,” Hawk said.
Even the Pennsylvania Department of Transportation expects to feel the pinch, spokeswoman Karen Dussinger said.

“PennDOT has a finite budget,” she said. “Everything is tied together. One pool is for maintenance – and road paving is considered maintenance.”

Dussinger explained that PennDOT does have a number of road surfacing treatments – from oil-and-chip to complete paving. Most treatments, however, use oil-based products.

But she said rising asphalt prices shouldn’t impact the work scheduled for this summer.

“It won’t catch up to us for about a year because we’ve already bid out the roads,” she said. “It (the price increases) doesn’t immediately affect us and the roads we do, but it does catch up with us. It will limit the number of roads that we do.”

James “Bucky” Kulaga, a West Hazleton councilman, said that the borough has no “big” paving jobs planned. It does, however, plan to keep up with potholes despite the rising costs.

And, he said, Fawn Drive and Deer Run Road are in such poor shape that they have to be addressed.

“We do have a situation where we have to bite the bullet,” he said.

Patrick Bartorillo, general manager for Slusser Brothers, West Hazleton, explained that the costs associated with manufacturing asphalt is behind the price increases. Slusser Brothers, which has three plants in the area, manufactures about 700,000 tons of different types of asphalt annually.

The blacktop used for paving roads and highways, Bartorillo said, contains something called liquid asphalt. A petroleum by-product, liquid asphalt acts as a binding agent.

“It’s a by-product of crude oil,” he explained. “The cost of it has gone up tremendously.”

Only 5 percent to 6 percent of the paving mix contains liquid asphalt, which Bartorillo said is the most expensive ingredient. It wasn’t always that way, though.

“Like fuel, the cost is going up,” he said.

Last year at this time, he said, liquid asphalt cost about $300 per ton. Now it costs $450, Bartorillo explained. Costs seemed to rise following Hurricane Katrina, which affected many Gulf Coast oil refineries.
“Since Katrina, the price has gone up, stayed up and is going up constantly,” he said.

The increase means that about $27 worth of liquid asphalt is used to make a ton of paving material. Last year, only about $18 of the additive went into the blacktop mix.

Bartorillo mentioned that the Pennsylvania Asphalt Pavement Association Web site, www.pahotmix.org, publishes current asphalt prices. A ton of asphalt is currently $517.

“We inform the customers that our price is indexed to the price of asphalt that is published,” he said, noting that the company is not able to absorb the price fluctuations.

“Our price will change with that,” he said. “It will go up or down. Unfortunately, it has gone up quite a bit.”
In many cases, Bartorillo said, the cost affects how much paving a municipality will do.

“What we have seen in the market in the area – the municipalities and even PennDOT – have a set dollar amount that they’re going to spend (for paving projects),” he said. They’ll spend the budgeted amount – but it won’t cover as many roads, he explained.

And, he said, there aren’t any ways to save money on the product since PennDOT specifications call for street paving materials to be of a certain quality.

Before the blacktop can be applied, a thin layer of emulsified asphalt is smoothed over a roadway, Bartorillo said. While costs to manufacture the emulsified mix are up, it isn’t as expensive as asphalt.

Bartorillo also noted that delivery fees on all types of road cover are up thanks to the skyrocketing costs of fuel.

The Greater Hazleton Area Civic Partnership is doing a surfacing project at the Greater Hazleton Rails to Trails, and although it isn’t using any type of oil-based product, project bids came in double the original estimates.

Bob Skulsky, the partnership’s executive director, said limestone would be used to top the trail.
A master site plan completed in 2005 estimated the cost at $30,000. The lowest bid, however, was $55,000. While the resurfacing will be done thanks to $20,000 from an anonymous donor and more grant money, Skulsky was surprised by the difference in cost.

“All that was attributed to the cost of everything going up,” he said.
While the limestone contains no oil, fuel is needed to transport the limestone from the quarry to the trail.

The Dorrance Township Supervisors heard testimony on May 8 from Patrick Bartorillo, the General Manager of Small Mountain Quarry, that at least 150 jobs would be lost if the quarry closes in the next few years when its materials are exhausted.Bartorillo was the only witness to testify at a hearing on the request of Slusser Brothers, the quarry owners and operators, to continue the quarry on the south side of Small Mountain Road. Slusser Brothers is a subsidiary of Harrisburg-based Pennsy Supply

Pennsy Attorney George Asimos presented Bartorillo with a state document, which was admitted as evidence at an earlier hearing by opposition Attorney Bill Higgs, showing there were 18 employees listed in 2006 as quarry workers. Bartorillo explained that the document referred to only workers who actually worked in the quarry pit, not the rest of the Slusser Brothers employees who depend on the quarry for their livelihoods.

Bartorillo estimated that there are conservatively 150 workers who would lose their jobs if the quarry closes. They include truck drivers, equipment operators, mechanics, asphalt plant operators and construction company workers.

Bartorillo testified that the average Slusser Brothers employees has at least 10 years of service, which gives them additional vacation time and sick leave and allows them seeks promotions based on seniority. Those benefits would be lost if the quarry closed and they were forced to find new jobs.

"It's been implied that these employees could find work elsewhere" Bartorillo said. "I think that doesn't take into account what stable employment does for the local economy and the employee's family."

In 2007, Small Mountain Quarry purchased more than $11 million on goods and services from vendors throughout Luzerne County and Northeastern Pennsylvania.

Following Bartorillo's testimony, Township Solicitor James Schneider announced that the conditional use hearings would be suspended for several months as Pennsy presents its plan to the state Department of Environmental Protection (DEP). Schneider explained that the DEP review would allow Pennsy to answer some of the questions raised by the township's hydrologist about how the company plans to preserve the wetlands and protect the Balliet Run.

Asimos said that the company is pleased to seek the answers for the township by having DEP review the quarry proposal. He noted that DEP approval is needed before the quarry is issued a mining permit, so the parallel track of simultaneously seeking township and DEP approval would not delay the project and jeopardize the quarry jobs.

RICE TWP. — The Department of Environmental Protection will do more testing to determine the effect a proposed quarry expansion may have on nearby wetlands. 

Testimony was completed without resolution Thursday on the proposed Small Mountain Quarry expansion at the latest continued hearing before the Board of Supervisors at Rice Elementary School.

The owner of the quarry, Pennsy Supply Inc., applied to expand operations to the south side of Small Mountain Road nearly two years ago.

Township solicitor James Schneider said Pennsy will submit their application to DEP, and the township will wait for the results of DEP’s testing before holding the next hearing.

“The township has questions we can only answer if we do the DEP testing,” said George Asimos, attorney for Pennsy.

One issue Pennsy will need to contend with is the reclassification of Balliet Run, a stream near the quarry, as high-quality trout waters. Asimos said that might not effect Pennsy’s plan, but they will take it into account.

William Higgs, solicitor for Peggy Lenahan, a resident opposed to the expansion, said he is pleased Pennsy will now submit their application to DEP.

“I’ve been saying for two years they should have done this first,” he said.

Higgs said he will be checking in with DEP frequently once Pennsy submits the application.

“We hope that we get the answers that we’ve been looking for quite some time,” he said.

Patrick Bartorillo, general manager, said the current quarry in three years will be mined out and due to close. Without expanding operations to the new site, he said the estimated 150 employees will be out of jobs and the closure would hurt the local economy.

“It’s been implied that these employees could find work elsewhere, and I think that doesn’t take into account what stable employment does for the local economy and the employee’s family,” he said.

The board will wait for the results of the DEP testing before taking action. The tests may take several months, said Schneider, and it is not known what tests will be completed.

“This commendation belongs to our asphalt plant employees, who work hard to ensure that we provide our customers with a good product while ensuring that our site meets the strict regulations imposed on our industry,” said General Manager Patrick Bartorillo.

NAPA developed the Diamond Achievement Commendation program in 1999.  The self-assessment process addresses six essential facets of the hot-mix asphalt (HMA) plants and sites:  appearance, operations, environmental practices, safety, permitting and regulatory compliance and community relations.  Earning the commendations exemplifies the commitment to excellence in all aspects of HMA facilities, and symbolizes continuous improvement in operations and community relations. 

“The Diamond Achievement Commendation is an honor in which a company and a community can take pride,” said NAPA’s Chairman Ron White.  “It clearly demonstrates a corporate commitment to excellence with a community focus and sensitivity.” 

For more information on NAPA, please call Margaret Cervarich at 1-888-468-6499.

 A Luzerne County Judge heard an appeal by Slusser Brothers, a subsidiary of Harrisburg-based Pennsy Supply, Inc., of the Dorrance Township Zoning Hearing Board's decision denying its application to continue Small Mountain Quarry on the south side of Small Mountain Road.

The hearing was held March 31, before Luzerne County Judge Ann H. Lokuta. Attorney George Asimos of Saul Ewing represented Slusser Brothers in asking the court to examine the legal issues surrounding the Board's decision.

Patrick Bartorillo, General Manager at Small Mountain Quarry, said the quarry is scheduled to exhaust its material in the next few years. The continuation of the quarry operation on property owned by Slusser Brothers south of Small Mountain Road is needed to preserve approximately 150 jobs that rely on the quarry.

"We have truck drivers, equipment operators, asphalt plant employees and equipment maintenance workers whose jobs depend on whether we have the material that comes from this quarry," Bartorillo said. "If the quarry is forced to close, those jobs are in jeopardy."

In its legal brief, Slusser Brothers asked the court to overturn the July 2007 decision by the Dorrance Township Zoning Hearing Board denying the quarry's proposal. The board denied the application even though it found that "the proposed use satisfies the objective requirements of the ordinance."

The 38-page legal brief explained that Slusser Brothers is proposing to continue the quarry on 128 acres of land across Small Mountain Road from the existing operation. The property is zoned for industrial use, which allows quarrying operations. Most of the natural woodlands and wetlands would lie on the south side of the property and act as a buffer between the quarry and abutting properties.

The distance from the proposed excavation would be 830 feet to the nearest business and nearly a quartermile (1,295 feet) to the nearest home. There would be no increase in traffic, because the quarry plans to continue excavating at the same rate as the current operation.

The proposed plan also calls for an earthen berm, which is more than 30- feet high, to mitigate sound from the quarry. An expert determined that the berm would reduce the sound to a level below the sound from nearby Interstate 81. The sound expert also testified that, because of the earthen berm, the sound levels from the equipment would be below the standards set in the township zoning ordinance. The initial plan also called for a conveyor across Small Mountain Road to move materials to the current crushers on the north side.

The legal brief added that the quarry would not disturb the Balliet Run or the wetlands that surround the stream. In fact, the quarry would maintain a minimum 100-foot buffer between the quarry excavation and the stream and wetlands. In addition, the brief stated, detailed hydro-geological studies, which will be reviewed by the Pennsylvania Department of Environmental Protection (DEP), show that quarry activity will not interfere with off-site well water supplies.

Expert witnesses testified at several Zoning Hearing Board meetings that, based on the above studies, there would be no adverse impact on the health, safety or welfare of the public by continuing the quarry operations on the property.

Following the Zoning Hearing Board denial of the plan, Slusser Brothers and its engineers designed a new proposal that, among other actions, removes the need for a conveyor over Small Mountain Road. The new plan is being considered by the Dorrance Township Supervisors, which has held several public meetings to consider the new application.

"We have an obligation to our employees and to all the businesses that rely on our materials for construction and road projects throughout the region," Bartorillo said. "That is why we are pursuing this quarry proposal in both Dorrance Township and in Luzerne County Court. Many people depend on this quarry, as does the economy of Luzerne County."

WILKES-BARRE – Dorrance Township and the owners of the Small Mountain Quarry disagree on the value of non-expert testimony from residents.

At stake are the livelihoods of 150 quarry employees, the rural township’s pristine environment and Small Mountain itself, all of which now rests in the opinion of Luzerne County Court of Common Pleas Judge Ann Lokuta.

The township Zoning Hearing Board unanimously vetoed a proposed expansion of the quarry in July, and Pennsy Supply Co. appealed in August. It also simultaneously applied for a conditional-use permit before the township board of supervisors.

The first approach of Pennsy’s dual strategy continued on Monday with a court hearing before Lokuta on the appeal. Attorneys for the quarry, which is operated by Pennsy subsidiary Slusser Bros., argued that the testimony from their arsenal of hired experts submitted during a hearing before the township’s zoning hearing board should carry more weight than speculation from residents.

The township’s zoning board solicitor, Richard Hughes, argued the board is allowed to give testimony whatever weight it feels appropriate and residents have seen changes since the quarry began its operations decades ago. That expertise, he said, shouldn’t be overlooked.

William Higgs, an attorney representing the owners of the adjacent Lenahan’s Restaurant, said that much of the expert testimony, which included models and examples based on similar sites elsewhere, was itself little more than professional speculation.

But before Lokuta can rule, she’ll need the entire record to sift through. Much of it, she said, didn’t make it to her chambers, so she directed the attorneys to meet with her law clerk to secure the required volumes. The attorneys were given 15 days to file briefs before she rules.

The conditional-use hearing may continue the week of April 13, but no specific date has been set.

The hearing is scheduled for 9:30 a.m. Monday, March 31, before Luzerne County Judge Ann H. Lokuta.  Attorney George Asimos of Saul Ewing will represent Slusser Brothers in asking the court to examine the legal issues surrounding the Board’s decision. 

Patrick Bartorillo, General Manager at Small Mountain Quarry, said the quarry is scheduled to exhaust its material in the next few years.  The continuation of the quarry operation on property owned by Slusser Brothers south of Small Mountain Road is needed to preserve approximately 150 jobs that rely on the quarry.

“We have truck drivers, equipment operators, asphalt plant employees and equipment maintenance workers whose jobs depend on whether we have the material that comes from this quarry,”  Bartorillo said.  “If the quarry is forced to close, those jobs are in jeopardy.”

 In its legal brief, Slusser Brothers asked the court to overturn the July 2007 decision by the Dorrance Township Zoning Hearing Board denying the quarry’s proposal.  The board denied the application even though it found that “the proposed use satisfies the objective requirements of the ordinance.”

 The 38-page legal brief explained that Slusser Brothers is proposing to continue the quarry on 128 acres of land across Small Mountain Road from the existing operation.  The property is zoned for industrial use, which allows quarrying operations.  Most of the natural woodlands and wetlands would lie on the south side of the property and act as a buffer between the quarry and abutting properties.

The distance from the proposed excavation would be 830 feet to the nearest business and nearly a quarter-mile (1,295 feet) to the nearest home.  There would be no increase in traffic, because the quarry plans to continue excavating at the same rate as the current operation.

The proposed plan also calls for an earthen berm, which is more than 30-feet high, to mitigate sound from the quarry.  An expert determined that the berm would reduce the sound to a level below the sound from nearby Interstate 81.  The sound expert also testified that, because of the earthen berm, the sound levels from the equipment would be below the standards set in the township zoning ordinance.  The initial plan also called for a conveyor across Small Mountain Road to move materials to the current crushers on the north side. 

The legal brief added that the quarry would not disturb the Balliet Run or the wetlands that surround the stream.  In fact, the quarry would maintain a minimum 100-foot buffer between the quarry excavation and the stream and wetlands.  In addition, the brief stated, detailed hydro-geological studies, which will be reviewed by the Pennsylvania Department of Environmental Protection (DEP), show that quarry activity will not interfere with off-site well water supplies.

Expert witnesses testified at several Zoning Hearing Board meetings that, based on the above studies, there would be no adverse impact on the health, safety or welfare of the public by continuing the quarry operations on the property.

Following the Zoning Hearing Board denial of the plan, Slusser Brothers and its engineers designed a new proposal that, among other actions, removes the need for a conveyor over Small Mountain Road.  The new plan is being considered by the Dorrance Township Supervisors, which has held several public meetings to consider the new application.

 “We have an obligation to our employees and to all the businesses that rely on our materials for construction and road projects throughout region,” Bartorillo said.  “That is why we are pursuing this quarry proposal in both Dorrance Township and in Luzerne County Court.  Many people depend on this quarry, as does the economy of Luzerne County.” 

Quarry manager Patrick Bartorillo testified for more than an hour at the 4-hour hearing held at Rice Elementary School. He said that the present quarry operation on the north side of the property would be depleted of product within 2 years. "The stone on that land is high quality sand stone. PennDOT determines that grade. It is a Type A source and has a very high skid rating. It is used for high volume roadways including the interstates and the turnpike," explained Bartorillo, who has been employed at the quarry for 12 years."150 employees will be affected and also our sub contractors," he added. The quarry uses hired halers, blasters and drillers. 300-400 trucks go in an out of the quarry each day hauling product.

The quarry manager told the supervisors that the conditional use application addresses some concerns that were voiced before the Dorrance Township Zoning Hearing Board last year. That application was denied and is in appeal.

Crushing and screening equipment will be inside a building, and screens for the crushed rock will be made of a rubberized material that will cut down on noise. In addition a 50-foot high earthen berm will be installed for noise abatement concerns. The berm will be as high as the tower. Stockpiles of product will be coated with a polymer to cut down on dust. Water suppressors will also be used.

Vegetation and landscaping using some of the existing trees will be placed between the quarry and adjacent residential properties.

The quarry depth will be 1230 feet, which is the elevation of the seasonal water table. The quarry manager said that the quarry would utilize new state of the art equipment for the dust and noise abatement and the berm. "There is no impact on the ground water. We recycle the water in processing. We have volunteered to limit operating hours," said Bartorillo.

Pennsy Supply also presented an expert witness to testify that their application was conformed to the Dorrance Zoning Ordinance. Creigh Rahenkamp, a professional planner with 27 years experience, said that he had reviewed the conditional use application, and all specific conditions had been met. He referred to the Dorrance Township Comprehensive Land Plan of 1984 that had set aside 442 acres for industrial use. "The hilly area cannot be developed otherwise because of the steep slopes. The quarry's Conditional Use will create a flat area for future community development. The hillside will disappear, but the residents will never be looking inside the quarry," stated the planner.

The quarry applicants finished their presentation. Objections will heard at a future hearing.

 From The Mountaintop Eagle.

By Rory Sweeney rsweeney@timesleader.com
Staff Writer

RICE TWP. – Small Mountain Quarry plans to expand incrementally each year, but still wants approval of the full 189-acre expansion at once, a quarry official testified at Thursday night’s hearing before the Dorrance Township board of supervisors.

Quarry general manager Patrick Bartorillo said the company will increase quarry operations by five acres each year but balked at a suggestion to seek approval for expansions annually.

He said Harrisburg-based owner Pennsy Supply Inc. is planning to invest $1 million for non-production improvements, such as rubberizing some surfaces to reduce noise. “To justify that, the company would need a timeframe to recover that cost, and we wouldn’t be able to do that in just this one phase. We would need the entire area to build and plan in advance for berms and erosion control and such,” he said.

Bartorillo also testified that the quarry is agreeable to almost all of the township Planning Commission’s 15 recommended conditions, except for constraints on certain working hours.

The quarry also called Creigh Rahenkamp, a land-use and planning expert, to discuss what he called the “disciplined application of common sense.”

He noted the township’s comprehensive plan, made in 1984, called for industrial use at the site because it was close to the highway, but noted that such use would be difficult because of the topography. That issue, however, could be remedied for the future by quarrying the site.

“The temporary use creates essentially what a developer would have to pay for to create an industrial park … a flat site suitable for industrial development.”

The test, he said, isn’t whether it would be better to leave the site unused. “The test is have we met the criteria set forth in this ordinance and I say we have,” he said.

Rahenkamp noted under cross-examination, however, that the comprehensive plan should be updated at least every 10 years because laws, regulations, public opinion and other variables can change, thus changing the municipality’s vision of its future.

He also admitted he did not evaluate the usage in reference to wild-trout streams, one of which, Balliet Run, flows adjacent to the site.

Later, resident Joe Chalawick posed to Rahenkamp: “What does this community gain by having this quarry in our midst?”

Rahenkamp responded that “finding a suitable place for quarrying where the material is” available is part of a municipality’s responsibility.

Resident Stanley Witinski had another reason.

“This is my bread and butter,” the 15-year quarry employee said. “That’s the way I look at it.”

He said he’s one of perhaps 15 to 20 residents employed by the quarry. “If you take the whole surrounding communities, there’s a bunch more.”

The hearing is scheduled to continue at 6 p.m. Feb. 21, at Rice Elementary School.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

However, it ignored the human consequences of the decision.

If the Small Mountain Quarry is forced to close, 150 workers will lose their jobs. Many of these workers will have to take lower-paying jobs or seek work outside of Luzerne County.

This court case isn’t some abstract legal debate that has no impact on real people. How this case is resolved will determine whether 150 families can continue to rely on Small Mountain Quarry for their livelihoods.

Jeffrey S. Dewalt
Quarry superintendent, Small Mountain Quarry
Dorrance Township

On Jan. 22, Slusser filed a 38-page brief in Luzerne County Court, asking the court to overturn a previous decision by the Dorrance Township Zoning Hearing Board denying the quarry's expansion.

The quarry is a major local provider of the high-grade road-making materials and the main supplier of a skid resistant aggregate required by the Pennsylvania Department of Transportation (PennDOT). It also provides about 150 workers with family-sustaining jobs, according to company officials.

The quarry says it needs to expand in order to keep its operations going, according to Sean Connolly, spokesman for Pennsy Supply. The company's current location will run out of materials within three years, he says, which will force the quarry to close after 20 years of operations.

Dorrance Township zoning officials denied the company's request in July and the township's board of supervisors voted it down again in December. The denials have resulted in the company petitioning the Luzerne County Court.

The denials were based on environmental concerns, including noise, dust, heavy equipment traffic and other issues. The expansion, if approved, will triple the size of the quarry, according to the township planning commission.

Connolly says when Pennsy reapplied for the zoning ordinance in December, it had received unanimous approval from the planning commission, who then recommended that the township board of supervisors approve the expansion. When the vote came up on Dec. 18, however, the board voted "nay."

Connolly says the negative impact on the local economy from the quarry closing will be significant.
"Slusser Brothers' Small Mountain Quarry purchased $11 million in goods and services in Luzerne County in 2006," Connolly says. "Local vendors can't afford to lose the business."

In addition, local contractors using the quarry materials will most likely have to go outside northeast Pennsylvania to get what they need, raising costs for the industry and taxpayers, as well as sending business outside the area.

Connolly says that Pennsy Supply already owns the property where they wish to expand and it is a heavy industrial zoning district. The company is totally committed to working with the local community to assuage their environmental concerns, he says.

The expansion can be confusing to local residents, says Patrick Bartorillo, general manager of Slusser Brothers in Hazleton.

"It is not a case about the location getting bigger," Bartorillo says. "It is a relocation to the other side of Small Mountain Road."

The company will not add any more equipment and will still use the same access routes directly off the Dorrance exit of I-81.

"Our location is unique," Bartorillo says. "Vehicles don't pass any residences, they just load and leave."
The planning commission gave the company a list of 15 conditions to follow, Bartorillo says, including retaining an independent expert to monitor operations and their impact; to keep an eye on erosion control; to test groundwater, and to assess noise control. The conditions also limit the hours of quarry operations, he says.

Bartorillo estimates the entire process - to obtain a variance and permits, if the court action is successful - will take most of 2008 and successful resolution will keep the quarry operational at its current level for another 50 years.

Bartorillo emphasizes that the employees of the company, averaging 10 years and $40,000 per year in wages, will be the biggest losers if the quarry closes.

Connolly points out that the employees set up a Web site, www.saveourquarryjobs.com, to make a public appeal to keep the quarry open. The site asks supporters to contact the Dorrance Township Supervisors or the Luzerne County Commissioners.

Bartorillo says that the quarry has a "good record of compliance with local, state, and federal agencies," including continual inspections by DEP.

Mark Carmon, spokesman for the DEP office in Wilkes-Barre, says there are no compliance issues at the quarry.

In the latest zoning application made in December, the company agreed to install enclosures to reduce sound, use dust suppression methods to comply with DEP air quality standards, preserve wetlands monitored by DEP, and mine without impacting groundwater in any way based on research.

Pennsy Supply Inc., the owner of the Small Mountain Quarry, filed a 38-page brief requesting that the county’s Court of Common Pleas overturn a township zoning hearing board ruling and approve a proposal to expand and eventually relocate the quarry onto a 189-acre property on the south side of Small Mountain Road.

In the brief, Pennsy Supply contends there was no legal basis for the five-member zoning hearing board to unanimously deny the company’s application last July.

According to Patrick Bartorillo, the general manager of the quarry, the zoning hearing board denied the application because of reservations it had about a conveyor Pennsy Supply planned to build over Small Mountain Road.

The conveyor, which was intended to transport raw stone excavated from the south side of the road to crushing equipment on the north side, would have required a special exemption to the township’s zoning ordinances.

The rest of the proposal was compliant without the need for an exemption and should have been approved, Bartorillo said.

“This is our only recourse,” said Bartorillo.

Under the Pennsylvania Municipalities Planning Code, the Court of Common Pleas has power to overrule the zoning hearing board, taking the final decision-making power out of the township on zoning and land use matters.

According to Article X-A, Section 1006-A of the code, “The court shall have power to declare any ordinance or map invalid and set aside or modify any action, decision or order of the governing body, agency or officer of the municipality brought up on appeal.”

Since the zoning board’s initial denial, Pennsy Supply has pursued its proposed quarry expansion on two fronts: in court, and with a revised proposal that is currently being considered by the Dorrance Township board of supervisors.

A board of supervisors hearing on the revised proposal began Dec. 18 and is scheduled to continue, after several postponements, on Jan. 31.

The revised proposal would eliminate the need for the conveyor by moving crushing equipment to the south side of the road.

The original proposal called for mining on approximately 128 acres of the 189-acre property. The revised proposal called for mining on 132.62 acres, according to Rick Caranfa, geologist and project management consultant hired by Pennsy Supply. In both cases, operations would expand westward incrementally over a projected 40-year life of the expanded quarry.

Under the original plan, the proposed excavation would be conducted 1,295 feet from the nearest home. In the revised proposal, the nearest residence would be located 1,100 feet from the mining zone and 1,500 feet from the grinding equipment used to process stones, Caranfa said.

Bartorillo said the company is pressing both plans because the current 60-acre quarry, which employs about 150 people, is expected to run out of usable stone within two years.

“We are taking the two-track approach because the project is really important to us and time is of the essence,” said Bartorillo. “We can’t wait and sit on our hands, so to speak, and wait for the outcome.”

William Higgs, an attorney who represents opponents of the expansion, said he would file a response to the brief. George Asimos, the attorney for Pennsy Supply, did not return a call for comment.

msisak@citizensvoice.com, 570-821-2061

In a legal brief filed with the court, Slusser Brothers asked the court to overturn a decision by the Dorrance Township Zoning Hearing Board denying the quarry’s proposal.  The board in July 2007 denied the application even though it found that “the proposed use satisfies the objective requirements of the ordinance.”

“We have a commitment to our 150 employees and the people of Luzerne County who rely on Small Mountain Quarry for road materials to do everything we can to continue the quarry,” said General Manager Patrick Bartorillo.  “That is why we are asking Luzerne County Court to consider our proposal, which we believe meets all the legal requirements under the township ordinance.”

The 38-page legal brief explained that Slusser Brothers is proposing to continue the quarry on 128 acres of land across Small Mountain Road from the existing operation.  The brief said most of the natural woodlands and wetlands would lie on the south side of the property and act as a buffer between the quarry and abutting properties.

 The distance from the proposed excavation would be 830 feet to the nearest business and nearly a quarter-mile (1,295 feet) to the nearest home.  There would be no increase in traffic because the quarry plans to continue excavating at the same rate as the current operation.

The proposed plan also calls for an earthen berm, which is more than 30-feet high, to mitigate sound from the quarry.  An expert determined that the berm would reduce the sound to a level below the sound from nearby Interstate 81.  The plan also called for a conveyor across Small Mountain Road to move materials to the current crushers on the north side.

The legal brief added that the quarry would not disturb the Balliet Run or the wetlands that surround the stream.  In fact, the quarry would maintain a 100-foot buffer between the quarry excavation and the stream and wetlands.  In addition, the brief stated, detailed hydro-geological studies that will be reviewed by the Pennsylvania Department of Environmental Protection (DEP) shows that quarry activity will not interfere with off-site well water supplies.

Expert witnesses testified at the Zoning Hearing Board meetings that, based on the above studies, there would be no adverse impact on the health, safety or welfare of the public by continuing the quarry operations on the property.

“We are doing everything we can to ensure the quarry operation does not adversely impact the health, safety or welfare of the public,” Bartorillo said.  “We have conducted extensive studies and created a proposal that we believe meets and exceeds the legal and environmental standards for this type of operation.  We hope the court agrees with our position and allows us to continue the quarry and preserve the jobs for employees.”

Following the Zoning Hearing Board denial of the plan, Slusser Brothers and its engineers designed a new proposal that, among other actions, removes the need for a conveyor over Small Mountain Road.  The new plan is being considered by the Dorrance Township Supervisors.  The board held its first hearing on December 18 on the proposal to continue operations at the quarry.  Another hearing is scheduled January 31 at Rice Elementary School.

At the first hearing, Rick Caranfa of Akens Engineering testified that the new proposal calls for moving the primary crusher to the south side of the property, eliminating the need for a conveyor over Small Mountain Road.  There, the crusher would be enclosed in a structure to further reduce sound and dust from the operation. 

Caranfa, a geologist, also testified that there would be no impact to wetlands or streams.  He said the quarry would need a DEP permit for any runoff, erosion and sedimentation.  Caranfa noted that the company would be required to monitor the water discharge on a monthly basis and submit those reports to DEP on a quarterly basis.  The reports are available to the public for inspection.  Caranfa said the plan calls for water management that goes above and beyond what is required for a quarrying operation.

Correspondent

Small Mountain Quarry in Dorrance persevered in its quest to remain in operation at a hearing held last Thursday at Rice Elementary before the township supervisors, attended by about thirty concerned residents and quarry workers. Quarry owner Slusser Brothers, a locallyowned company affiliated under Pennsy Supply, is requesting a continued use application from the township, the hearing a requirement in procuring this under township zoning code.

The quarry, located near the Dorrance exit of I-81, is hoping to expand its mining operations on the 189 acres of its southern boundary, the proposed area of excavation to encompass approximately 132 acres. The expansion will allow the quarry to be viable for the next forty or more years. Without it, the existing stone on the north side will be exhausted within a few years and the quarry would be forced to shut down. Expansion in the south will include the same as that currently undertaken in the north - quarry excavation, stone and equipment storage, concrete and asphalt manufacturing, stone crushing, processing and conveyance.

This hearing before the township supervisors constitutes a separate track the quarry is pursuing after a setback to its expansion plans in late summer. After months of hearings before the Dorrance zoning board, the quarry's application for a special exception permit to continue operations was denied. The quarry had spent those months defending itself against the accusations of a group of Dorrance residents, close quarry neighbors, objecting to the expansion plans.

After the permit was denied, the quarry went on the offensive, launching a public relations campaign to win over hearts and minds, in particular those of the Dorrance Board of Supervisors, emphasizing in ads the 150 workers who will lose their jobs if the quarry were forced to close, and the millions in goods and services the quarry has pumped into northeast Pennsylvania's economy. Their website, saveourquarryjobs.com, was also created to further its cause.

In keeping with the roller-coaster ride of ups and downs the quarry has experienced over the last year, after a defeat came a victory when the Dorrance Township Planning Commission recommended that the Board of Supevisors approve its application for continued use, with fifteen recommendations in place regarding, among others, hours of crushing and blasting, noise level, dust control and detention ponds.

The meeting, over three-and-a-half hours long, began with a two-hour question and answer period between George Asimos, attorney for Slusser's, and Rick Caranfa, project manager for the design and permit process for the quarry. The detailed application consists of site plans, aerial photos, cross/section plans, equipment location plans, environmental impact study, project narrative, hydro-geological and wetland delineative, and rattlesnake study.

Caranfa noted that the closest business, the Blue Ridge Truck Stop, is 800 feet from the limit of mining, while the closest residential structure is 1100 feet away. The mining will be conducted in an east to west direction, reaching the western edge of the property in thirty years, with only sections being cleared during the winter that will be mined that following year, over an expected total time of operations of forty years.

Caranfa also stressed that all phases of development will be as per Department of Environmental Protection (DEP) guidelines. When fully excavated, the site plans call for 100 acres of flat usable ground, now zoned for industrial use, with a bond paid by the quarry instituted by DEP to reclaim the land once it is mined. In regard to the equipment, Caranfa noted that the nearest commercial structure is 1000 feet away, and the nearest residence, 1500 feet. The primary crusher will be enclosed in an earthen berm of forty to sixty-five feet in height.

To reduce dust and noise, extra measures undertaken by the company, which could receive DEP approval without them. Such measures for dust mitigation as water suppression, and spray nozzles and enclosures for the conveyance belt are also and will also be implemented, as per an air quality permit and regular inspections from DEP. Caranfa noted that Small Mountain Road, a township road, is paved and maintained where the quarry uses it.

Another point of contention with quarry neighbors, Caranfa discussed Balliets Run, the stream which runs through company property. He noted that the closest mining operations to Balliets Run is the required 100 foot setback, with an average 200 feet setback. He explained that the quarry, again per DEP guidelines, operates controlled outflow devices to capture sediment run-off such as sediment traps, basins, swails, and silt barriers. Detention ponds hold the water to allow the sediment to fall out of the water before it flows into the stream. Caranfa emphasized that samples of the water in the past for sediment have been above average in compliance with regulations.

In his cross of Caranfa, William Higgs, attorney for Lenahan's Restaurant, a close commercial neighbor of the quarry, noted that Balliets Run was given the designation by the Fish and Boat Commission in October as a Class A Trout stream, defining it as a cold water fishery of high quality and special value waters, thereby according it special protection. This declaration came after the environmental impact study was conducted by the quarry. Higgs also brought up the possibility of the mountain to be excavated containing a perched water table creating the existing wetlands, to which Caranfa replied if one was discovered while mining, the quarry would cease operations in that area until it could be investigated by DEP.

RICE TWP. — Rick Caranfa, the designer of revised plans for the proposed 189-acre expansion of Small Mountain Quarry in Dorrance Township, explained and defended the proposal at a hearing Tuesday before the township’s board of supervisors.

Caranfa, a geologist and project management consultant hired by the quarry’s owner, Pennsy Supply, stood at a podium in the auditorium at Rice Elementary and testified for more than two hours on a myriad of environmental and quality-of-life issues related to the proposed expansion.

Often he relied on schematics, maps and a satellite image of the site as he explained the quarry’s boundaries and the location of its grinding equipment.

The expanded quarry would be located on the south side of Small Mountain Road, west of Interstate 81 and northeast of the winding Blue Ridge Trail. Balliet Run, a small creek, runs through the southern portion of the property and has been a point of contention for opponents of the expansion.

“It’s a legitimate argument that they’re mucking up the stream,” said William Higgs, an attorney who is arguing against the quarry expansion.

Caranfa said Pennsy Supply would implement a system of controls and monitoring devices to prevent sedimentary runoff from polluting the creek.

The expanded quarry would also protect area residents from noise and dust, Caranfa said.

Mining would be conducted on 132.62 acres of the property, Caranfa said, but not all at once. Operations would expand westward incrementally over the projected 30-year life of the quarry. The nearest residence is located 1,100 feet from the mining zone and 1,500 feet from the grinding equipment used to process stones, Caranfa said.

The proposed expansion would eventually replace the quarry currently in operation on the north side of Small Mountain Road. According to the quarry’s general manager, Patrick Bartorillo, the 60-acre facility, which employs 150 people, will be completely mined within three years.

“They need to expand the quarry or they will run out of usable stone,” said George Asimos, an attorney for Pennsy Supply. “If they run out of usable stone, they will have to shut down everything.”

Pennsy Supply, which had its previous expansion plan rejected by a unanimous decision of the township’s zoning board in July, is appealing the zoning board’s decision in Luzerne County court while submitting its current proposal to the board of supervisors.

 “We want to thank the Planning Commission for their diligent review of our project,” said General Manager Patrick Bartorillo. “We are reviewing their recommendations and look forward to meeting with the Township Supervisors to seek approval of this vital project.”

The quarry project would preserve 150 jobs that would be lost if the quarry was forced to close.  The present quarry on the north side of Small Mountain Road is scheduled to exhaust its materials in the next few years.  This expansion project to the south side of Small Mountain Road would allow the quarry to operate at its present rate for another 50 years.

Slusser Brothers is a major supplier of asphalt, concrete and road materials for the Pennsylvania Department of Transportation (PennDOT) and contractors in Northeastern Pennsylvania.  Small MountainQuarry supplies an “E” rated aggregate, which is a skid resistance rating required by PennDOT on major traffic routes. 

From the TimesLeader

By Rory Sweeney

DORRANCE TWP. – It’ll have 15 more hurdles to cross, but the Small Mountain Quarry is one big step closer to nearly tripling its operation after the Planning Commission’s special meeting Thursday.

The commission unanimously recommended the quarry’s new expansion proposal to the Board of Supervisors with 15 conditions. However, requiring the quarry to address a host of complaints from residents before its expansion is approved wasn’t one of them.

Planning Commission solicitor James Schneider said such a condition would require the supervisors to overstep their authority.

“It’s not for the supervisors to make that decision,” he said. “It’s for the zoning officer to enforce township code.”

Dominic Yannuzzi, the township’s engineer and temporary zoning officer, said at the supervisors’ meeting earlier this week that he had found more than two dozen violations filed against the quarry by residents had no merit.

The 15 conditions recommend that an expert be hired to investigate claims of minimal environmental impact made by the quarry, that the township’s zoning officer inspect the site on a regular basis and that the quarry be required to meet with township officials annually. It also recommended, among other things, actions to control noise, dust, hours of operation and aesthetics and address residents’ complaints of power fluctuations when certain crushing equipment is used.

A quarry representative attended the meeting and expressed optimism about the decision.

“We’re pleased with the recommendations,” said Patrick Bartorillo, the quarry’s manager. “We think the recommendations are something that will help the supervisors.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

• Installing enclosures to reduce sound. Portions of the necessary crushing and screening equipment will be contained within enclosures so that the noise levels from the quarry will be less than the noise produced by nearby Interstate 81 and therefore essentially unnoticeable to any nearby residents. The nearest residences are almost 1/4 mile from the proposed quarry.
• Maintaining dust control measures.  In addition to the dust reduction from the enclosure of certain equipment, during operations employees will use dust suppression methods to ensure it complies with DEP air quality requirements at all times.
• Maintaining wetlands on the bordering hillside.  All wetlands will be preserved and DEP will monitor the condition of the wetlands to ensure that there is no adverse impact.
  Mine without impact to ground water levels.  A hyrdro-geologist conducted extensive analysis, using DEP-approved methods, and showed that there would be no impact on wells in the surrounding area.

“Small Mountain Quarry wants to be a good a neighbor.  We are doing everything we can to ensure that the continuation of our quarry meets the strict standards of the local, state and federal agencies.”  Bartorillo said.  “We want to remain here for another 50 years and employ a new generation of Dorrance Township and Luzerne County residents.”

Stories By RON BARTIZEK rbartizek@timesleader.com

DORRANCE TWP. – Hardworking men have been mining stone at this site just off of Interstate 81 ever since Earl and Tom Slusser opened Small Mountain Quarry 20 years ago. But if township officials don’t approve a plan to move its operations across the road, the business and its 150 jobs will be gone within a few years, says general manager Patrick Bartorillo.

The reason is simple – the rock will run out. To head off that outcome Slusser Brothers, the quarry’s owners, want to mine 120 adjacent acres where Bartorillo estimates the supply of rock will last for 50 years.
The ongoing controversy illustrates the often uncomfortable relationship between industry and residents in changing communities. It’s uncommon for a new shop or communications tower to draw many protests, while noisy but necessary businesses like quarries often face vocal opposition from people who may not see the economic boon a low-tech enterprise is for their neighbors, or who feel the benefits are outweighed by drawbacks.

Bartorillo, who lives in Mountain Top, points out that in addition to direct payroll, Small Mountain Quarry bought $11 million worth of goods and services from local vendors last year – everything from truck tires to bearings for the conveyors that carry raw stone to the top of crushers that reduce it to the sizes needed for specific final uses.

The business contributes in other ways, paying $64,000 last year in property tax to the county and school district and $80,000 in local payroll taxes, plus $8,000 in occupational privilege levies. Another $190,000 in payroll taxes was paid to the state last year.

The quarry’s stone is somewhat unusual in that it is top-rated by the Pennsylvania Department of Transportation for both wear and skid resistance. Bartorillo said more than one-third of Small Mountain’s approximately one million ton annual output is used for road surfacing. Other end uses are for backfill, driveway bases, stream lining and to make concrete.

“This isn’t a landscape-type stone,” Bartorillo said. “It’s a construction stone.”
About half the material is used by Slusser Brothers’ construction arm, ending up in projects like the Davis Street intersection in Lackawanna County or the Hazleton Beltway.

The balance is sold for $5 to $10 per ton, depending on how much work went into processing it. “The more crushing, the more expensive,” said plant superintendent Jeff Dewalt.

Both Bartorillo, 44, and Dewalt, 53, have worked at the quarry since 1996. Dewalt said he’s evidence that a blue-collar business can offer opportunities to advance.

“I started with a shovel in my hand,” said the Mifflinville resident. His strong grip and callused palms show he’s still no stranger to physical labor.

Like him, most employees are older, both because they tend to stay on the job and because it’s been difficult to attract young people to the industry.

“We have better luck with older people,” Dewalt said, which makes the work force even more skittish as they await the resolution of the company’s application to mine on new land. “They’re scared,” they won’t be able to find comparable work nearby, or perhaps at all.

Mining jobs pay relatively well; Bartorillo said the average salary at Small Mountain is around $40,000, plus $10,000 worth of benefits. That tracks with state figures, which show an average weekly wage of $854 at 254 stone quarries and mines in Pennsylvania. Jobs range from unskilled labor, to truck drivers, to engineers.

Dewalt says that while working conditions have improved, employees earn their pay.

“It’s much different (in the last few years),” he said, with greater emphasis on safety and working conditions. For instance, virtually all equipment operators now work in air-conditioned cabins. Still, “there’s not many easy jobs in a quarry. It’s pretty nice, but it’s still hard work.”

Not always pretty

There’s no escaping the rough edges of the quarry business. Explosives are used to loosen the stone, crushers are noisy, dust fills the air and a constant stream of large trucks roll in and out. Opponents of the quarry’s expansion cite all those concerns plus disruption of the water supply and silt in a nearby creek.

But Bartorillo says quarries operate under strict state and federal regulation and Slusser Brothers has a good record of compliance. And Small Mountain’s location in a lightly populated area adjacent to the highway mitigates most of the negative effects.

“It would be hard to have as little impact as this,” on neighbors, he said, pointing out that most trucks “never pass a house” when entering or leaving the quarry.

Dewalt said that if the quarry closes there will be economic damage beyond the loss of jobs, including higher construction costs because stone would need to be trucked into the area, adding about 25 cents per ton for each mile traveled. He said a vendor-operated concrete plant on the property also would likely close as well.
Slusser Brothers does not have a place to move the Small Mountain workers, Bartorillo said, because its Pittston quarry is operating at capacity.

Bartorillo estimates the present quarry will be useful for three or four more years. But he’s in a hurry to get approval on the expansion because it could take that long to gain all the needed permits, prepare the site and move equipment across Small Mountain Road.

“That’s why we’re concerned,” he said. “There isn’t much of a window.”

About half the material is used by Slusser Brothers’ construction arm, ending up in projects like the Davis Street intersection in Lackawanna County or the Hazleton Beltway.

 

Slusser Brothers, a subsidiary of Harrisburg-based Pennsy Supply, Inc., today filed a new application with Dorrance Township to continue the operation of the Small Mountain Quarry. The project would preserve 150 jobs that would be lost if the quarry was forced to close.

On July 19, the Dorrance Township Zoning Hearing Board denied the company's application to operate a quarry on the south side of Small Mountain Road, even though it is a permitted use in the "Heavy Industrial Zoning District." Slusser Brothers has appealed that decision to Luzerne County Court.

"We intend to pursue this project, both with the township and in court, because it is vital to the 150 families that depend on this quarry for their livelihoods," said General Manager Patrick Bartorillo. "In addition, there are dozens of vendors in Luzerne County who sold us $11 million in goods and services last year who also can't afford to have this quarry shut down."

The initial application was filed in December 2006 under the township's old zoning ordinance. The new application is allowed because the Dorrance Township Supervisors passed a new zoning ordinance in early 2007. The new application eliminates the need for a conveyor, which required a "variance" from the Zoning Hearing Board.

The Zoning Hearing Board denied the request for variance for the conveyor. In order to eliminate the need for the conveyor, the new proposal would relocate equipment to the south side of Small Mountain Road.

The present quarry on the north side of Small Mountain Road is scheduled to exhaust its materials in the next few years. This expansion project to the south side of Small Mountain Road would allow the quarry to operate at its present rate for another 50 years.

Slusser Brothers has a good record of compliance with local, state and federal agencies. A company official serves on a township-created Citizens Advisory Committee. Bartorillo noted that the state Department of Environmental Protection (DEP) has continually inspected the quarry operation and has found the quarry in compliance with regulations.

The new application takes into consideration the impact on the surrounding area. Specifically, the new application calls for:

Installing enclosures to reduce sound. Portions of the necessary crushing and screening equipment will be contained within enclosures so that the noise levelsºfrom the quarry will be less than the noise produced by nearby Interstate 81 and therefore essentially unnoticeable to any nearby residents.The nearest residences are almost 1/4 mile from the proposed quarry .

Maintaining dust control measures. In addition to the dust reduction from the enclosure of certain equipment, during operations employees will use dust suppression methods to ensure it complies with DEP air quality requirements at all times.

Maintaining wetlands on the bordering hillside. All wetlands will be preserved and DEP will monitor the condition of the wetlands to ensure that there is no adverse impact.

Mine without impact to ground water levels. A hyrdro-geologist conducted extensive analysis, using DEP-approved methods, and showed that there would be no impact on wells in the surrounding area.

In addition to a hydro-geologist, Slusser Brothers presented testimony at public hearings from a geologist, a sound engineer and a blasting expert – all of whom testified that the proposed quarry operation would meet strict state and federal standards.

Slusser Brothers is a major supplier of asphalt, concrete and road materials for the Pennsylvania Department of Transportation (PennDOT) and contractors in Northeastern Pennsylvania. Small Mountain Quarry supplies an "E" rated aggregate, which is a skid resistance rating required by PennDOT on major traffic routes. If the quarry is forced to close, the prices for road materials would likely increase, driving up the cost of public projects.

"Everyone in the region would be adversely impacted if this quarry is forced to close. People would lose jobs, local companies would lose revenue and taxpayers would face higher bills for public projects," Bartorillo said. "We all depend on Small Mountain Quarry."

For further information Patrick Bartorillo 570-455-9361

Pennsy Supply Inc.'s appeal for a proposed 189-acre quarry expansion in the northeastern section of Dorrance Township is still without a hearing date. That didn't stop the company from filing a new application with the township zoning board for a different expansion plan at the same location.

Their Small Mountain project is too "vital to the 150 families that depend on the quarry for their livelihoods," to leave it solely in the hands of Luzerne County Court, the company said in a statement.

The new plans have several significant differences from the ones that were rejected unanimously by the zoning board in July, General Manager Patrick Bartorillo said. The company does not request a variance for a conveyer to cross Small Mountain Road, instead putting all machinery on the south side of the road, Bartorillo said. Machinery would be encased to decrease noise disturbances, he said. The same overall outline - significant expansion of the company's existing 60-acre quarry - is part of this second application.

How Pennsy's two-pronged approached to attain approval of its expansion plans would work going forward is unclear. Zoning solicitor Richard Hughes hasn't seen the application yet and couldn't comment. He said a hearing would be set within 60 days of the application being submitted.

No hearing has been set for Pennsy's August appeal of its first application. The board unanimously rejected the company's plans in August, after several hours of testimony over five and a half months.

Attorney William Higgs has intervened in support of the zoning board decision on behalf of his client Peggy Lenahan, a Dorrance resident and owner of a restaurant on Blue Ridge Trail Road.

Higgs hadn't seen Pennsy's new plans, but questioned its validity.

"I have some questions if it's different enough from their first application that they're allowed to submit it," he said. "You can't apply for the same thing twice. It has to be substantially different. From what I've heard, this doesn't sound substantially different."

Pennsy has portrayed its quarry as creating a positive economic boost for the area, providing 150 jobs and countless contracts to vendors. The existing 60-acre quarry will run out of rock in the next two to three years and close. An expansion would allow the quarry to operate for another 50 years, Pennsy managers have said.

"We're filing both because of the time frame," Bartorillo said. "This (application) has several more steps to go through ... Waiting for the appeal process to play out is going to take a while and we can't just wait for it to see what will happen."

cjones@citizensvoice.com, 570-821-2110

In addition to the 150 Slusser Brothers employees, there are many more people in Luzerne County who rely on the quarry. I am a self-employed courier who has Slusser Brothers as a client.

If the company were forced to close the quarry, I would have to find a new client to replace that income.

There are many more businesses like mine that rely on Slusser Brothers.

In fact, the company reported that in 2006 it spent $11 million buying goods and services from businesses in the Hazleton and Wilkes-Bane region.

We need to keep the Small Mountain Quarry operating so we can keep our jobs today and for years to come.

Kelly Witinski, Dorrance Township

"Our company spends $11 million per year on goods and services purchased from local vendors for Small Mountain Quarry," states General Manager Barry Duffy.

Slusser Brothers has operated the quarry since 1988, and is seeking to expand its mining operation by 128 acres in a 189-acre site that is zoned as a "Heavy Industrial Zoning District." The expansion would allow the quarry to function for another 50 years.

The present quarry, which is north of the proposed expansion across Small Mountain Road, is scheduled to exhaust its materials in the next few years. The company mines sandstone, which is used as road materials by the state, local municipalities and road contractors.

On July 19, the Dorrance Township Zoning Hearing Board denied the company's expansion proposal, even though the quarry operation is a permitted use in the "Heavy Industrial Zoning District." Under state law, the company had 30 days to appeal the board's decision to Luzerne County Court.

In its appeal, Slusser Brothers noted that company officials attended several public meetings on the planned expansion. The company presented expert testimony from a geologist, a hydro-geologist, a sound engineer and a blasting expert – all of whom testified that the proposed quarry operation would meet strict state and federal standards.

"We have taken great steps to ensure that this expansion project will have minimal impact on the surrounding environment," said Duffy. "Slusser Brothers has solid compliance records with the state Department of Environmental Protection and the federal Mine Safety and Health Administration. We operate in one of the most regulated industries, and we want to keep our good record."

Specifically, Slusser Brothers has proposed the following actions:

Installing a 30-foot barrier around the equipment to mitigate sound. A sound engineering study showed that, once the barrier is built, the noise levels in the quarry will be below township requirements and actually will be less than the noise produced by nearby Interstate 81.

Maintaining dust control measures. At all times during operations, employees will spray water onto dusty surfaces and truck tires to ensure that it passes the regular inspections by the Department of Environmental Protection (DEP).

Maintaining wetlands on the bordering hillside. DEP will monitor the condition of the wetlands to ensure that there is no adverse impact.

Mine without impact to ground water levels. The quarry expansion plan calls for the company to mine above ground water levels for 40 years. This will ensure the quarry does not impact the ground water, which is regularly inspected by DEP. After that, any ground water that enters the quarry will be channeled into settling ponds to prevent sediment from entering Balliet Run, a nearby stream.

"We want to stress that this is an existing quarry, which is being expanded in a rural area that is zoned for this use," Duffy said. "There would be greater environmental impact to create a new quarry in an area that is not already mined."

Since this is an expansion of an existing quarry operation, the company expects no increase in production or truck traffic. Slusser Brothers is a major supplier of asphalt, concrete and road materials for the Pennsylvania Department of Transportation (PennDOT) and contractors in Northeastern Pennsylvania. Small Mountain Quarry supplies an "E" rated aggregate, which is a skid resistance rating required by PennDOT on major traffic routes. If the quarry is forced to close, the prices for road materials in the area would likely increase, driving up the cost of public projects.

DEP requires quarry operations to submit reclamation plans to reveal what the property will resemble when it is closed. The expansion proposal calls for nearly 100 level acres for development in an industrial district. The company has detailed plans for reclamation on both the north and south sides of Small Mountain Road in compliance with DEP requirements.

Duffy, who serves on a township created Citizens Advisory Board to address concerns about the quarry, said the company would continue to address the concerns of neighbors in the area. He noted that DEP has continually investigated the concerns raised by residents and has found the company to be in compliance with regulations.

"We want to work with the township and its residents to ensure that this quarry operates smoothly and within the local, state and federal guidelines," Duffy said. "The livelihoods of 150 families are depending on this expansion project, and we hope that we can go forward with this important project for our region's economy."

Pennsy Supply Inc. sought an expansion of its mining operations at SmallMountain.

By Rory Sweeney rsweeney@timesleader.com
Staff Writer

WILKES-BARRE – Pennsy Supply Inc. on Thursday filed an appeal of a Dorrance Township Zoning Board decision to deny an expansion requested for the Small Mountain Quarry. The action filed in Luzerne County Court of Common Pleas also seeks reimbursement of “appropriate” costs.

The decision, which was unanimously approved on July 19 after about a dozen hours of testimony from both sides, refused the request because “the applicants had not met their burden of proof,” Richard Hughes, board solicitor, said at the time.

Duffy said his company believes the board was incorrect in coming to that conclusion despite hearing testimony from a handful of experts on hydrogeology, blasting, noise, operation of the quarry and general quarry regulations.

“We feel that we’ve met all of the objectionable standards in the township’s zoning ordinance,” he said. “This is the first step, and we’ll wait to see what traction this gets. The biggest thing to keep in mind is we’re not asking in this application for a new quarry. … We are heavily regulated and we’ll continue to be.”

The 128-acre expansion would have crossed Small Mountain Road and nearly tripled the operation. Quarrying was estimated to have continued for another 50 years, leaving a bowl-like depression and at least a 30-foot earthen wall on top of Small Mountain. The quarry also sought variances to increase its hours of operation, to allow industrial uses and to run an enclosed conveyor across Small Mountain Road.

According to the appeal, the board’s decisions, including upholding several sections of the zoning ordinance, were “arbitrary, capricious, contrary to law and unsupported by substantial evidence.” For several sections, the appeal claims the board ruled “contrary” to the ordinance it oversees.

A release from Slusser Bros., the Pennsy subsidiary that runs the quarry, warned of the economic costs of denying the application, including increased prices for road materials, the loss of 150 jobs and millions of dollars spent by the quarry with local businesses.

“It’s very important to a lot of people, not just in the township,” Duffy said.

The quarry had until Monday to file the appeal. A court date hasn’t been set.

A call to Richard Hughes, the zoning board’s solicitor, was not returned.

BY COULTER JONES
STAFF WRITER

Plans for a 189-acre quarry expansion in northeast Dorrance Township, rejected by township zoning board, are back on the table, assuming a judge agrees with the company.

Pennsy Supply Inc. filed an appeal Thursday in Luzerne County Court, contesting the township zoning board’s July rejection of the company’s plans.

Pennsy had hoped to expand its existing 60-acre Small Mountain Quarry, but needed a special exception from the township to quarry the more than 189 acres. Pennsy requested several other exceptions that were also rejected by the board.

A possible quarry expansion enraged several residents along Blue Ridge Trail Road and other areas near the quarry. They complained an expansion would reduce property values and damage their quality of life.

Attorney William Higgs said he will likely intervene in support of the zoning board decision. Higgs, who represents Peggy Lenahan, a Dorrance resident and owner of a restaurant on Blue Ridge Trail Road, wouldn’t make any more comments until he reviewed Pennsy’s appeal.

Pennsy representatives have repeatedly said the company will have to shut down its existing quarry along Small Mountain Road in three years if not allowed to expand because stone will run out.

As many as 150 jobs would be lost if the quarry cannot expand, Pennsy Regional Manager Barry Duffy said.

“It’s not just the jobs, that’s the direct impact … but we do a lot of business with vendors in the area,” Duffy said. “Last year alone we spent $11 million with vendors in Wilkes-Barre and Hazleton.”

Testimony in the hearing lasted more than 16 hours over nearly six months. Zoning board members reviewed thousands of pages in legal briefs and scientific studies before rejecting the company’s requests, which included extending hours for “non-primary” use, 7 a.m. to 2 a.m. on weekdays, 7 a.m. to 6 p.m. and adding a rock conveyer to span Small Mountain Road.

Zoning board vice chairman John Pavlick said it was a difficult decision for the board to make. Ultimately, he said, Pennsy’s experts didn’t make a strong enough case to outweigh costs to residents.

“They didn’t prove that to me,” Pavlick said. “I’m not going to speak for the other board members, but it seemed like that the quarry in the last couple years was bothersome to neighbors. It states right in our ordinance that we have to take (neighboring) property owners into consideration.”

Attempts to reach zoning solicitor Richard Hughes were unsuccessful.

cjones@citizensvoice.com, 821-2110