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West Penn weighs water extraction permits

West Penn Township officials have ramped up their efforts to see that proper permits are in place with regard to water extraction operations.

After a lengthy executive session, the township's board of supervisors on a 2-1 vote Monday morning agreed to have the township solicitor draft a letter requesting a sketch plan with pertinent government permits.The board's decision came after it heard from Bill Anders, township zoning officer, who gave the board an update on the issues at Fort Franklin Road and Blue Mountain Drive.Anders said he has been in communication with state Sen. Dave Argall's office, and that the Department of Environmental Protection is in the process of preparing a written response to the township's request of action, and also plans to send someone from their office to the board's meeting next month.Supervisor Tony Prudenti, who cast the lone vote against the motion, explained his reasoning."I don't think it has enough teeth," said Prudenti, who added he believed the motion should have required a land development plan.However, Supervisor Ted Bogosh said that in this case, he doesn't believe a land development plan is necessary.Prudenti took it a step further, adding, "I feel we should hit him with a cease-and-desist order."But Bogosh said DEP is the only one that can regulate that.Board Chairman Jim Dean said that as much as he would love to agree with Prudenti, he would like to see DEP or someone else "step up to the plate."Prudenti didn't hide his stance on the matter."I'm done waiting and playing," he said. "I think it's time for a cease-and-desist, and let the chips fall where they may."Dean said the issue is whether or not Jay Land, president and owner of Ringgold Acquisition Group II LLC is in compliance with the township's ordinance.A crowd of more than 50 attended the board's meeting held last week at the West Penn Fire Company, many of whom pleaded with the board to shut down water extraction because they believe water extraction wells are breaking a township ordinance.At that meeting, Anders said they were notified on Oct. 13 that water hauling was starting to become more of an activity, and vehicles were being hauled to another site.On Oct. 30, they were notified by supervisors that one of the residents had mud-laden water, he said.Anders said at that time DEP, the Delaware River Basin Commission, the Department of Agriculture, and Argall were all contacted, and all of those entities were looking into the matter to make sure proper permits are in place.In June, supervisors on a 2-1 vote accepted a $6,000 donation from MC Resource Development, the existing water extraction operation in neighboring East Brunswick Township.The matter came to light after township solicitor Holly Heintzelman said she received a letter dated May 31 signed by Landat the proposed West Penn site on 1 Fort Franklin Road.In the letter, Land said the check and donation was from MC Resource Development, and not himself, and that it is the result of a promise made to the township roadmaster in 2015. He said that MC Resource Development made a similar donation at that time.Land said the donation is made to the general road fund, and should be used at the discretion of the roadmaster as directed by the board of supervisors. However, there is no requirement that it be used on Kepners Road.On Jan. 13, a group of residents filed a lawsuit in the Court of Common Pleas in Philadelphia County against businesses and people associated with water extraction operations in the township. The lawsuit was filed by 30 plaintiffs who live near a pair of water extraction sites, according to their attorney, John Kotsatos, of the Law Offices of John E. Kotsatos in Easton.At the center of the lawsuit is the water extraction site at the intersection of Kepners Road and Blue Mountain Drive, and a newer water extraction site being erected at 1 Fort Franklin Road.