Glen Gery Stipulations - Atty. Rausch and Atty. Ober have everything worked out for the filing of the Glen Gery stipulations.
It should be completed within the next week or two.
...Glen Gery Agreement - Atty. Rausch is working with Atty. Ober, Glen Gery's attorney, to prepare the agreement stipulations to be filed with the court.
...Glen Gery Update - Atty. Rausch reported that the thirty day time period has expired on the Glen Gery Settlement Agreement.Glen Gery's
attorney, Atty. Ober
, will be preparing the stipulation for the settlement agreement to be entered as a court order.A plan of action will be developed for the substantive items.
If Glen Gery
prevailed on their challenge, they could do what they want on the Davidsburg Road land which they recently purchased without any restrictions, other than the State's.The procedure is called "Site Specific".
will mine the veins of shale and refill with topsoil.
The quarry area behind Northern York County Regional Police Department has been reclaimed by Glen Gery
.Twenty five acres of that area has been proposed for donation to the Township
as a part of the settlement.
Terry Brenneman, 5610 North Salem Church Road, requested clarification that the whole overlay district could be subject to the shallow mining if Glen Gery
The overlay district would allow Glen Gery
, if they owned the property, to conduct shallow resource recovery operations within that quadrant.
Jay Bollinger, Clearview Road, asked who has the responsibility of policing Glen Gery
is required to bond their operations.
Atty. Rausch replied Glen Gery
would take care of that.
If it can be traced to Glen Gery's
operations, they will be responsible.
Atty. Rausch responded that Glen Gery
would first complete quarrying in the Dover and Binder Quarries, and then Lamparter Tract.
Supervisor Shermeyer further explained that Glen Gery
will not quarry in a specific area every single day.
Atty. Rausch said that it is in Glen Gery's
best interest to not violate any regulation set by the Township
Part of the agreement is that Glen Gery
will be reimbursing the Township
for those legal expenses to defend the Township Ordinances.
Supervisor Shermeyer added that there are other areas that Glen Gery
has reclaimed naming one area on Fox Run Road which contain homes.
The overlay properties could end up being sold to Glen Gery
Chair Patterson answered her
stating that if property owners would choose to sell their property to Glen Gery Corp.
, then Glen Gery
would have a right to quarry those properties in that zone.
, Attorney for Glen Gery
, answered also MSHA for miners.
Steve Beam, 3036 Schoolhouse Road, noted that Glen Gery
is trying to use agricultural land for a prohibited use.
Atty. Rausch explained that Glen Gery
had bought the property on Davidsburg Road.
Right now, that land is the only land Glen Gery
Atty. Rausch replied then they should not sell their property to Glen Gery
JoAnn Brenneman, North Salem Church Road, inquired about the acreage of the Davidsburg Road tract that Glen Gery
Mr. Brenneman asked if Glen Gery
requested that entire parcel be rezoned in that manner.
Atty. Rausch said that if they do not have sufficient right-of-way to get back there, then that is Glen Gery's
Mrs. Kopp further inquired about the Glen Gery's
responsibility in remedying well contamination if proven.
Shawn Frye replied that the law requires Glen Gery
to replace if the wells are affected by quality or quantity with a source of equal or better quality performance by whatever means have to be taken per DEP.
Dan Reeser, 3205 West Canal Road, commented that there is no one living near Glen Gery's
current quarries here tonight saying it is a bad thing.
Chair Patterson mentioned that Glen Gery
is going through the process in Conewago Township in which the shale formation also runs.They should have significant resources.He
explained that there is also a natural resource of some value for area residents, as well to some company.
Chair Patterson cited that during the hearing, the Board invited area residents to express their concerns with Glen Gery's
operations in the Dover area
and they were not overwhelmed with complaints or concerns.
Atty. Rausch noted that Glen Gery
has not been cited by DEP.
Shawn Frye's recollection was that Glen Gery
has had only one violation at the Dover Quarry in the past fifty years.
Atty. Rausch explained that one of the reasons that the settlement agreement is to the Township's
benefit is that Glen Gery
agrees to abide by all State regulations.If they do violate it, not only can DEP come down on them, but the Township
can take them to court and shut them down.The Meeting Minutes of 9/25/06 - Page 9.Township
could not do that if Glen Gery
won the lawsuit.
Atty. Rausch responded no because Glen Gery
would have to go to another body in order to get that approval.
does not want to go through this again.
Monica Love, 1540A Butter Road, commented that she
has lived across from Glen Gery's
existing quarry for eight years.Her
parents and grandparents owned a farm across Butter Road from Glen Gery's
quarry since 1943.There has never been an environmental problem with Glen Gery
Supervisor Shermeyer asked her
has heard of anyone in the area having any type of problems with them.
Chair Patterson responded because Glen Gery
owned the Davidsburg Road tract.
Atty. Rausch explained that the problem remains to increase the Industrial Zone in the Township
.In the overlay district, the underlying zoning, which is agriculture, is preserved.
Chair Patterson added that Glen Gery
bought the Davidsburg Road property.The option was there to continue to battle with them in court and try to prevent them from mining that property.He
did not believe that the court would be on the Township's side in the end.
Mrs. Herbst thought that the adjoining farms will be bought by Glen Gery
Chair Patterson assured her
that the Township
received testimony during the hearings that the property values are not negatively impacted.
In this circumstance, Glen Gery
is required to meet Federal criteria.
Mrs. Sadek questioned Atty. Rausch whether it was a legal requirement to rezone that land in order to comply with the Glen Gery
settlement in order to allow Glen Gery to quarry.
If they do not adopt them, then Glen Gery
is not obligated to proceed with the settlement agreement.
Mrs. Sadek inquired if the Township
did not approve the rezoning would Glen Gery
Atty. Rausch responded that Glen Gery
owns all of the parcels except for the Lamparter tract.
The applicant always goes first in this type of hearing so Glen Gery
had the opportunity to present their evidence.
If it continued, all the things that Glen Gery
agreed to would not be there.Glen Gery
should be thanked for their contribution to the Township
With no other comments, Chair Patterson closed the public hearing at 9:51 PM.He
requested a five minute recess.
The regular meeting was reconvened into session at 10:04 PM.