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Proposed Maggie Lynn Underground Mine

What’s New

On March 18, 2024, DEP sent a third technical deficiency letter (TDL) and awaits a response. More info can be found in the Surface Mine Permit and individual NPDES permitting section below.

DEP held a public information meeting on Wednesday, December 13. More information, including the presentation, can be found in the Public Participation section below.

 Accordion ‭[3]‬



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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. DEP is currently reviewing the submissions.

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

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 meeting

Application Documents

 Accordion ‭[2]‬



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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

 Accordion ‭[4]‬



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 Accordion ‭[1]‬



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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:
Amelia Benson
Community Coordinator
DEP Office of Environmental Justice
acbenson@pa.gov
412-442-4109

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.