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    Southwest Community Information

    ​​​​​​Proposed Maggie Lynn Underground Mine

    What’s New

    DEP published effluent limits for a draft National Pollutant Discharge Elimination System (NPDES) permit, which authorizes discharges from the proposed mine, in the August 3, 2024 edition of the Pennsylvania Bulletin.

    DEP will hold a public hearing on Monday, August 26 at 6:00 PM at the East Bethlehem Township Volunteer Fire Company, 503 Front Street, Fredericktown, PA 15333. More information, including the presentation, can be found in the Public Participation section below.

    Neiswonger Construction, Inc. is proposing a new, noncoal, underground mine and has applied for a mining permit and water discharge permit from the Pennsylvania Department of Environmental Protection (DEP). The 336.7-acre underground mine is proposed to be located along both sides of Morey Road (State Route 2041), south of Buckingham Road (State Route 2024), north of Pump Station Road and north and east of Arnold Road (T-648) in Deemston Borough, Washington County. The site address of the facility is 1994 Morey Road, Clarksville, PA 15322 with access off the west side of Morey Road, approximately 700 feet north of its intersection with Pump Station Road.

    If approved by DEP, the proposed Maggie Lynn Underground Mine permit would encompass and replace the existing Maggie Lynn Quarry surface mining permit [No. 63100401] and its associated individual NPDES permit [PA0252034], which were originally issued October 4, 2012. If the new Maggie Lynn Underground Mine permit and NPDES permit are issued by DEP, the Maggie Lynn Quarry and its NPDES permit would no longer exist as separate permits.

    The proposed mining activity would include expansion of existing surface mine pits, development of portal entries for underground mining by room and pillar method, and potential development of a new pit area for additional portal installation in the future. These activities would include blasting operations, which are subject to DEP regulations. The surface activities associated with the underground mining permit would take place on approximately 90 acres and consist of processing of the Benwood Limestone extracted during the surface pit enlargements/portal opening and from underground mining activities. The processing activities would include trucking, dumping, screening, crushing, and stockpiling of the Benwood Limestone produced from mining. At such point when the portals are open, the mining operation would transition solely underground with 256.6 acres to be mined underground. The processing activities on the surface (trucking, dumping, screening, crushing, stockpiling of Benwood Limestone) would continue throughout the life of the operation, which is currently estimated to be approximately 30 to 35 years.

    After the underground mining is completed, the applicant’s plans are to utilize the underground room and pillar workings as storage facilities. Reclamation would occur within certain areas; however, some portal entries would remain for the underground storage operation. Reclamation would occur in accordance with the approved reclamation plan. Neiswonger Construction, Inc. would be required to secure bonding adequate to reclaim the site.

    The proposed location of this mine is within a half mile of East Bethlehem Township, which is an environmental justice (EJ) area. When this type of permit is submitted for an EJ area, the DEP engages in enhanced public outreach as described in the current EJ Public Participation Policy. More on environmental justice can be found below.

    Maggie Lynn Area Map 12-12-23

    Permitting / Approvals

    Air Quality Permitting

    On August 29, 2020, DEP published notice of issuance of general permit (GP-3 portable nonmetallic mineral processing plant and GP-11 nonroad engines) associated with the site.

    On June 18, 2022, DEP published notice of issuance of a GP-3 that replaced the two general permits listed above. The updated general permit reflects updated sources and a conversion from diesel to electric-powered processing equipment.

    Surface Mining Permit (SMP) and Individual National Pollutant Discharge Elimination System (NPDES) Permitting

    On February 7, 2019, Neiswonger Construction, Inc. submitted pre-applications for a new, noncoal, underground mining permit with associated surface activities [No. 63192001] and an individual National Pollutant Discharge Elimination System (NPDES) permit [No. PA0278360]. DEP reviewed the pre-applications, held a pre-application meeting with Neiswonger Construction, Inc. on September 17, 2019, and issued a pre-application comment letter on September 19, 2019.

    On December 27, 2021, in response to the pre-application comments, Neiswonger Construction, Inc. submitted applications for a new noncoal underground mining permit with associated surface activities [No. 63192001] and an individual National Pollutant Discharge Elimination System (NPDES) permit [No. PA0278360], which are currently under review by DEP. A NPDES permit is required for any point source discharge to waters of the Commonwealth and is a key component of nearly all mining activity permits.

    The NPDES application includes one outfall from one pond, which would receive all surface water runoff and any drainage or pumped water from the underground mine. Neiswonger Construction, Inc. proposes that the site would discharge treated water (after settling of sediment) into Tenmile Creek, classified as a trout-stocked fishery (TSF) within the Monongahela River Watershed. The current Maggie Lynn Quarry permit pond would continue to be utilized by the Maggie Lynn Underground Mine permit upon renovation/enlargement. The Tri County Joint Municipal Authority public water supply intake is located on the Monongahela River within 10 miles downstream from the point of discharge.

    On March 10, 2023, DEP issued a technical deficiency letter (TDL). On April 13, 2023, DEP provided the following update to its TDL.

    On June 16, 2023, DEP received a response to its TDL and updated modules, which can be found in the Application Documents section below.

    On October 16, 2023, DEP sent a second TDL.

    DEP approved an extension request and awaits a response to this letter by December 4, 2023. The technical review of the application is ongoing.

    On December 1, 2023, DEP received a response to its second TDL and updated modules, which can be found in the Application Documents section below.

    On March 18, 2024, DEP sent a third TDL.

    On April 30, 2024, DEP received responses to its third TDL and updated modules, which can be found in the Application Documents section below.

    On June 26, 2024, DEP send a fourth TDL.

    On July 21, 2024, DEP received a response to its fourth TDL and updated modules, which can be found in the Application Documents section below.

    In the August 3, 2024, edition of the Pennsylvania Bulletin, DEP published effluent limits for a draft National Pollutant Discharge Elimination System (NPDES) permit, which authorizes discharges from the proposed mine.

    Permitting Activities Summary and Checklist

    During the technical review of this permit application, DEP staff evaluate the application with regards to potential impacts to the surrounding area and whether those impacts relate to land, water, or air. Some of the key items that are evaluated include:

    • area of impact (permit boundary, mining area(s), wetlands),
    • surface water and ground water quality (including private water supplies) with-in 1,000’ of the proposed permit area,
    • public water supply intakes downstream of the proposed site,
    • water monitoring plan – which includes wells and monitoring points upstream and downstream of the proposed permit site,
    • site geology and hydrogeology,
    • air quality and noise evaluation,
    • erosion and sedimentation controls,
    • water treatment techniques,
    • NPDES application (to assign effluent discharge limits),
    • mining plan and procedures (including excavation, utilities protection, topsoil handling),
    • required bonding for proposed activity,
    • proposed reclamation plan, and
    • land use of the site both pre and post mining.

    These evaluations are done to determine if the proposed activity can be performed in a manner that is consistent with existing environmental laws, regulations, and mining practices. When deficiencies are found, DEP will communicate with and provide the applicant with an opportunity to supplement or revise the application to conform with the laws and regulations. If an application cannot be revised to conform with the standards listed above, DEP may request that the applicant withdraw their application or deny the application.

    Key completed, current, and upcoming activities in the permitting process are listed below to help illustrate our process. Some activities may occur simultaneously.

    ✓ = Completed Steps, ★ = Current Step, ● = Next Steps

    ✓ Administrative Completeness Review
    ✓ Initial Public Notifications
    ✓ Accepted for Technical Review
    ✓ Production of technical deficiency letter (TDL), if necessary
    ✓ Review of applicant’s response to TDLs
    ✓ Technical Review of the Applications
    ✓ Pennsylvania Bulletin publication of draft NPDES limits
    ✓ (30-day public comment period follows publication)
    ✓ NPDES application package to EPA (EPA comments due 30 days later)
    ★ Public hearing

    Application Documents

    A paper copy of the permit application and other associated documents can be found at the following locations. Please visit the webpages for each location for hours, additional information and to make an appointment.

    DEP New Stanton District Mining Office
    131 Broadview Road
    New Stanton, PA 15672
    724-925-5500

    Washington County Conservation District
    50 Old Hickory Ridge Road, Suite 1
    Washington, PA 15301
    724-705-7098

    Public Participation

    DEP posted notice that it had received the surface mine permit and NPDES applications in the January 29, 2022 edition of the Pennsylvania Bulletin, which began a 30-day public comment period.

    A public notice regarding the Maggie Lynn Underground Mine application was published in the Observer-Reporter on January 19 and 26, 2022, and February 2 and 9, 2022. The last publication date of February 9, 2022 began a 30-day public comment period which ended March 11, 2022. A revised noticed was published in the January 16, 23, and 30, 2024, and February 6, 2024, editions of the Observer-Reporter.

    DEP published effluent limits for a draft National Pollutant Discharge Elimination System (NPDES) permit, which authorizes discharges from the proposed mine, in the August 3, 2024, edition of the Pennsylvania Bulletin. This notice begins a 30-day public comment period.

    DEP reviews and considers all submitted comments during its review of the application. Comments must include the commenter’s name, address, phone number, and email address (if applicable).

    Comments may be submitted to:

    Pennsylvania Department of Environmental Protection
    New Stanton District Mining Operations
    131 Broadview Road
    New Stanton, PA 15672
    724-925-5500

    Contact: RA-EPNEWSTANTON@pa.gov

    On Wednesday, December 13, 2023, DEP held a public information meeting for interested individuals to learn more about the proposed activity and ask questions of DEP permitting staff.

    Representatives from DEP presented information on the permit review process, displayed maps onscreen, discussed the application, and answered questions.

    On Monday, August 26, 2024, at 6:00 PM, DEP will hold a public hearing to receive testimony on the mining permit application and draft National Pollutant Discharge Elimination System (NPDES) permit.

    The hearing will take place at the East Bethlehem Township Volunteer Fire Company, 503 Front Street, Fredericktown, PA 15333.

    Members of the public will have the opportunity to present up to three minutes of oral testimony relevant to the draft permit. Time permitting, those who did not register in advance will be given the opportunity to testify. The hearing may conclude earlier if all testifiers in attendance have spoken prior to the designated end time.

    Those wishing to register for the public hearing must contact Emily Green, Southwest Regional Environmental Justice Coordinator, by email at emgreen@pa.gov or by calling 412-442-4042 at least 24 hours before the hearing. DEP requests that organizations designate one spokesperson to present testimony on their behalf. Individuals should provide a copy of their testimony and exhibits for submission to DEP at the hearing. Submitted materials are not limited in length and must include the name, address, and phone number of the person submitting them. DEP will equally consider all comments, whether delivered orally during the hearing or submitted in writing.

    Individuals wishing to attend who require an auxiliary aid, service, or other accommodations to participate should contact Lauren Camarda. The Pennsylvania AT&T Relay Service is available by calling 1-800-654-5984 (TTD users) or 1-800-654-5988 (voice users) and request that the call be relayed to Lauren Camarda at 412-442-4203.

    Contact Information

    If you have questions about this application or DEP’s application review process, please attend the public meeting detailed above or contact:

    Chad Meyer
    Environmental Program Manager
    DEP New Stanton District Mining Office
    cmeyer@pa.gov
    724-925-5413

    If you have questions about environmental justice, please contact:
    Emily Green
    Community Coordinator
    DEP Office of Environmental Justice
    emgreen@pa.gov
    412-442-4042

    More Information

    Mining Resources

    DEP has information sheets and resources to help inform the public of their rights and DEP’s processes:

    Environmental Justice

    This proposed location of this mine is within a half mile of East Bethlehem Township, which is an environmental justice (EJ) area. When this type of permit is submitted for an EJ area, DEP engages in enhanced public outreach as described in the current EJ Public Participation Policy. EJ Areas are mapped on DEP’s EJ Areas Viewer at dep.pa.gov/EJViewer. More information on environmental justice can be found on DEP’s webpage.