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  Small Mountain Quarry seeks to protect 150 jobs; files legal brief in support of plan to continue quarry
January 22, 2008

DORRANCE TOWNSHIP --  Slusser Brothers, a subsidiary of Harrisburg-based Pennsy Supply, Inc., today asked Luzerne County Court to approve its proposed continuation of the quarry in an effort to preserve 150 jobs and keep the quarry operating for another 50 years.

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.


 
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