A state blasting and explosives inspector testified on Tuesday that blasting from a mining operation in Fayette County was not strong enough to cause any damage to a nearby historic church.
None of the three blasts at the Dunbar Township mine operated by Neiswonger Construction triggered a reading on the seismograph placed at Laurel Hill Presbyterian Church to monitor the blasting, according to Fred Ulishney of the state Department of Environmental Protection.
If Neiswonger's blasting subcontractors maintain the required distance of at least 850 feet from the church, "damage should not occur," Ulishney said on the fifth and final day of testimony before the Fayette County Zoning Hearing Board.
Church members contend blasting caused cracks in some of the church's windows.
"Something may have happened, but I can only say it was not the blasting," Ulishney said.
Board members said they'll issue a decision within 45 days on Neiswonger's application for a special-exception permit for a surface mining project on property along Elm Grove Road owned by Dunbar Township Supervisor John Tabaj.
Church members have said they don't oppose the mining operation, but they're concerned that blasting would damage their 150-year-old house of worship and harm the graves at an adjoining cemetery.
The congregation was founded in 1772 by Scotch-Irish immigrants.
DEP officials gave the Clarion County-based company a blasting permit in July but revoked it within eight days because of four alleged violations related to the placement of a second seismograph during blasting. A hearing on those violations, scheduled for Oct. 18-20, could result in a maximum of $20,000 in penalties, Ulishney said.
The Fayette County Office of Planning, Zoning and Community Development sued Neiswonger last month, claiming it continued to mine the property despite the county's cease-and-desist order.
County judges have since ruled that Neiswonger may only work on site preparation while awaiting the zoning board's decision.
Attorney Thomas Earhart, representing the church members, said it took a judge to stop Neiswonger from mining without a permit. He argued that the company hasn't offered testimony that it would protect the health and safety of residents from noise, odor, smoke and water pollution.
"They started blasting away, and they didn't even do that right," Earhart said.
Neiswonger's attorney, Nathaniel Parker, countered that the company made good-faith efforts to abide by the application process after learning that it hadn't requested the permit from the county.
He characterized the opposition as a "not in my backyard" argument that "counts for nothing legally."
"We ask for the board's approval so we can get back to work," Parker said.
