Update:  The Paradise Watchdogs file DEP Appeal
See latest information in blue at bottom.

On September 2, 2009 our attorney, Christopher P. Mullaney, Esq, filed an appeal with the Pennsylvania Environmental Hearing Board in Harrisburg.  Gibraltar Rock activated their mining permit prior to satisfying the conditions set by the New Hanover Township Zoning Hearing Board and prior to resolving their land-use appeal in the Montgomery County Court of Common Pleas.

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 reason, the Paradise Watchdogs/Ban the Quarry is of the opinion that the activity on the Gibraltar Rock property last summer and fall was illegal.

Our appeal stated:

·        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.

·        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.)

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

January 12, 2010 – On behalf of the Penna. Environmental Hearing Board, Judge Michael L. Krancer dismissed our appeal and petition for supersedes.  The EHB felt that we did not clearly identify an appealable DEP action.

The Paradise Watchdogs and our attorney believe this appeal did have merit.  We stand by our belief that the DEP was and still is wrong for their actions and inactions during the summer of 2009.  We also believe the spotlight is now on their organization and their future actions regarding the proposed quarry.

Preliminary Injunction:  New Hanover Township filed a Preliminary Injunction on September 11, 2009, believing Gibraltar Rock’s work on the premises was illegal.  This petition was heard in the Court of Common Pleas on November 6, 2009.  Oral arguments were presented to Judge Kent Albright on January 22, 2010, in Norristown, PA. 

On May 17, 2010, Judge Kent Albright issued his decision.  The township’s injunction was granted; the Judge’s order stated that Gibraltar Rock is forbidden to engage in any quarrying or mining, and that the company must submit a Land Development Application and Plan for township approval. 

Judge Albright also upheld the language of the non-coal surface mining permit which states that Gibraltar Rock must comply with local ordinances in accordance with the Municipalities Planning Code (state law) and all zoning ordinances in existence before January 1, 1972.  With this court decision, New Hanover Township’s authority has been upheld by the Court of Common Pleas.