Jan 24, 2018 2 min read

Consol Energy and two environmental groups have settled an appeal before the state Environmental Hearing Board regarding longwall mining beneath a section of Kent Run near Ryerson Station State Park in Greene County.

Under the settlement agreement, Sierra Club and Center for Coalfield Justice agreed to withdraw their appeal while Consol agreed not to longwall mine beneath Kent Run in Bailey Mine’s 3L panel in Richhill Township.

Should Consol later decide to mine beneath the stream in the 3L panel it will be required to go through the permit application process again, according to the agreement filed with the hearing board Jan. 5.

The environmental groups also will retain the right to challenge any permit revision application sought by the company for mining beneath that section of stream.

The agreement results from an appeal filed by the groups in December 2016 challenging a state Department of Environmental Protection permit revision allowing the company’s Bailey Mine to mine beneath both Kent Run and Polen Run in the mine’s 3L panel.

The groups maintained the streams, which they called one of the most important remaining water features in the park, would be adversely impacted by the mining, while the company argued any impacts would be temporary and could be addressed through mitigation efforts.

The hearing board issued an order last January prohibiting Consol from mining within 100 feet of Kent Run in the 3L panel while the appeal was being litigated.

At the time the order was issued, however, Polen Run in the 3L panel had already been undermined.

Officials with the two groups could not be reached for comment. However, on the Center for Coalfield Justices’ website, Sarah Winner, an attorney for the group,