On this website is a report that on August 20, 2009, the New Hanover Township Code Enforcement Officer issued a “cease & desist violation notice” to Gibraltar Rock, Inc.  On August 21, 2009, the Paradise Watchdogs’ counsel contacted the Department of Environmental Protection’s District Mining Manager demanding Gibraltar Rock’s mining permit be suspended and/or revoked.

The Paradise Watchdogs/Ban the Quarry have also been requesting that New Hanover Township file an injunction to stop the work Gibraltar Rock has been doing.  We have also asked YOU to contact the township with the same demand.    Many of you have done so, and many of you have contacted the Penna. DEP.

(Note: New Hanover Township filed an injunction on Sept 11, 2009.)

In the meantime . . .

The Paradise Watchdogs have instructed our attorney to file an appeal with the Penna. Environmental Hearing Board in Harrisburg.  This was accomplished the first week of September.

Our appeal states:

 ·         The DEP has the responsibility of administering the provisions of the Non-Coal Surface Mining Conservation & Reclamation Act (non-coal regulations).  Gibraltar Rock, Inc. (the quarry) maintains a Non-Coal Surface Mining Permit.

·         The mining permit mandates the quarry comply with local ordinances.  The mining permit also mandates the quarry comply with the Penna. Municipal Planning Code and all local zoning ordinances, and obtain permission from the township to mine in LI or HI districts.

·         The quarry has the duty to provide written approval and document they are in compliance with all zoning ordinances.  They have not.

·         Gibraltar Rock (quarry) has been engaged in zoning litigation and the GR1 application (where they are now working) is on appeal to the Court of Common Pleas of Montgomery County, and the two other phases – GR2 and GR3 are still pending.  (GR3 application was dismissed on Sept 3 by the New Hanover Twp Zoning Hearing Board, although Gibraltar Rock could appeal this ruling.)

·         The quarry has failed to file for subdivision and land development approval before the township Board of Supervisors.

 These are just a few of the issues we have with the State Dept. of Environmental Protection and Gibraltar Rock, Inc.  The quarry HAS NOT satisfied the conditions set by our Zoning Hearing Board, nor have they resolved their land-use appeal in Montgomery County Court. 

 NO FORMAL NOTICE OR LETTER OF ACTIVATION OF THE MINING PERMIT WAS EVER RECEIVED BY NEW HANOVER TOWNSHIP FROM THE Penna. Department of Environmental Protection.  For this and other concerns, the Paradise Watchdogs/Ban the Quarry believes the current activity on the quarry property is illegal.