by peter e. bortner
The owner of a former strip mine in Palo Alto may resume excavating the property under certain conditions, a Schuylkill County judge ruled Thursday.
In a 24-page opinion and order, Judge James P. Goodman overturned a decision of the county Zoning Hearing Board and granted a variance to EOJ Inc., New Ringgold, allowing the company to conduct surface mining on the property.
"The board committed an abuse of discretion by ignoring the conditions and safeguards that were put in place that would limit the negative (effect) the proposed variance would have on the neighborhood and the Borough of Palo Alto," Goodman wrote. "The (board's) findings are not supported by substantial evidence."
As a result, EOJ will be allowed to mine a section of land 300 feet wide and 1,000 feet long on Sharp Mountain. The borough had supported EOJ's request because it had reached an agreement with the company to impose safeguards on the proposed mining operation.
Goodman wrote that although variances should be granted only under exceptional circumstances, EOJ had proven such circumstances exist in this case and its evidence had not been refuted by the board or witnesses opposing the mining.
The property, which is zoned Conservation Residential, has numerous deep sinkholes that prevent homes from being built on it, Goodman wrote. EOJ's expert testimony showed that to be true, and no testimony by opponents of the variance dealt with the conditions actually existing on it, according to Goodman.
"There was no testimony to contradict the expert testimony," he wrote.
Goodman also wrote that evidence showed the property would be reclaimed after the mining is completed in two years.
Furthermore, there is no evidence that the mining will affect property values, that there would be a significant increase in truck traffic or that noise from the project would disturb residents, Goodman wrote.
Additionally, Goodman wrote, the entire area where the mine is located consists of old stripping pits, so the variance will not change the character of the neighborhood.
Under the terms of Goodman's ruling, mining can be done only in accordance with the terms of the agreement between EOJ and the borough. That agreement requires EOJ to comply with all state Department of Environmental Protection regulations, mine only between 7 a.m. and 4 p.m. Monday through Friday, not use dynamite or other blasting agents, make sure the drainage swale is regularly cleaned out, repair any damage done to any road and not have its trucks travel more than 15 mph.