This meeting began with a new witness, Mr. Uday M. Patankar PE, QEP. Mr. David Horner of Horner and Canter, who was to be cross-examined was not in attendance.  Instead, Patankar, an independent (freelance) consulting engineer from Phoenixville took the stand. 

Patankar’s background is mechanical engineering from the Bombay Institute, a master’s degree from the University of Windsor, and an MBA from the University of Pittsburgh.  His resume was submitted and listed as Exhibit A9.

Patankar stated that he was President of JACA Corporation, Fort Washington, until October 2000, at which time he became self-employed.  He stated that he has been a registered professional engineer since 1974.  His professional affiliations include: Qualified Environmental Professional, Air and Waste Management Association, American Academy of Environmental Engineers, and has done pro bono work for the DEP Regional Roundtable. His specialty is in Environmental Engineering as it pertains to quarries and asphalt plants. He has represented over 30 quarry owners. No one asked him how many community representatives he has represented, but this article http://www.pollutionengineering.com/archives/1995/pol0601.95/06adp8f0.htm depicts him as an engineer with more interest in how to assist a quarry owner work as closely to the rules as legally possible---no mention is made of community environmental concerns.

For this case, Patankar is to be considered the expert environmental engineer in permits for quarry operations.  As stated by Patankar, he knows the regulations for permitting quarries as they apply to:

·         Noise

·         Blasting

·         Vibration

During these hearings Patankar will explain

·         the permitting process for a new quarry

·         the National Pollutant Discharge Elimination Program permits 

·         Noise Regulations

·         New DEP Act 67-68 Policy Requirements 

·         Review New Hanover Township Zoning Requirements and what has been preempted.

Patankar was questioned about the permit process. The following is a summary of his testimony:

1.      Apply for a non-coal surface mining operation application. The Silvi Group has done this (Exhibit A10).

2.      Make known to DEP that Silvi Group is interested in exploring the geology of the site. Also to obtain enough data (drilling) so that permit application can proceed. This is called an Exploration Waiver from DEP, [Exhibit A11], which must be had before a site plan is developed. Patankar said that Gibraltar has obtained this waiver.

3.      Upon receipt of the Exploration Waiver, the owner can begin to do tests.  Individual permits are required to do:

§         Surface Mining Permit (required to open a quarry) [Permit 1]
Patankar told in detail what must be addressed when completing this permit.  The form needs to be completed and included with it are detailed plans for hydrology, geology, and site characteristics.  Among other things, the applicant must identify the criteria for blasting, the minimum setbacks (not allowed to mine 25 feet off property lines, 300 feet from an occupied dwelling, an 100 feet from the outside right-of-way.)  An operational plan must also be submitted. This plan must include the operational plan as it progresses over the entire life of the quarry.  Patankar stated also that the applicant must prove that the site meets standards and that the applicant has an adequate plan for the material that is removed. Plans for sediment and erosion control, and a plan for site reclamation must also be included. At this point he mentioned that “the conceptualized reclamation use of this site would be a water reservoir and would not be an eye-sore or a landfill”.  He also mentioned that wetland issues were earmarked for study as is a study of the effluent of washing stone needs to be addressed, as do the “relocation” of existing waterways.  For air quality there is the need for three separate permits.

§         Clean Water (Federal)/Clear Streams (PA) [Permit 2]

·         NPES National Pollution Elimination 

§         PA Air Pollution/Federal Clean Air

·         [Permit 3] Air quality for Quarry and Crushing

·         [Permit 4] Air Quality for Asphalt (Hot mix, blacktop plant)

·         [Permit 5] Ready mix Concrete Plant

In reviewing these, the DEP treats them separately on their individual merits.  In terms of the project, they treat them as one unit. These are filed but the DEP doesn’t rule until all are reviewed.

 Patankar also mentioned a yellow booklet called the Non-Coal Act this (See Exhibit A11), which deals with regulations for non-coal mining.

Surface Mining Permit – Exhibit A12 (Non Coal Act)

Patankar then talked about the mining permit.  He said that DEP regulates noise under the nuisance provision.  He mentioned the Plumstead quarry regulations on noise, mentioning that the noise provisions were found adequate.  

After beginning to talk about the surface mining permit in a more detailed way, Mr. David Horner, the traffic “expert” finally showed up at Jr. High East.

There was a short break, after which Horner took the stand.

Horner was asked how much he was paid to complete his traffic study. He said $3000. He was also asked a series of questions by Mr. Brant, the New Hanover township supervisor’s lawyer.

Brant: “Did you look at the traffic based on the ordinances of New Hanover Township?”

Horner: “We did not do it entirely in accordance with New Hanover’s ordinances. We didn’t feel it as though we had to.”

Brant: “Which portions of New Hanover did you not comply with or choose to ignore?”

Horner: “Section D 1905D ‘Study Area’ and Section G.”

Brant: “How many miles did you measure?”

Horner: “One-quarter mile, slightly more or less.”

Brant: “Did you do a study of peak hours of school traffic?”

Horner: “No, we did not do 2 PM – 3 PM.”

Brant: “Did you question Mr. Silvi’s count of how many trucks would come out per day?”

Horner: “No”

Brant: “Would you accept one telling you on the phone how many cars went by Rt. 663?”

Horner: “Only if you were reputable.”

Brant: “Did you measure any of the traffic at any of these quarries?” Names Gill, Perkiomen, Iry Rock, M&M, McCoy, Sanatoga, Sweetland, and others.

Horner: “No.”

End of Meeting

See also:
Summary of the next meeting (7/25/01)