CLARION, Pa. (EYT) — A civil suit filed in the Clarion County Court of Common Pleas seeks for the rights to mine limestone in Richland Township.

(Photo courtesy Amerikohl Mining)

Amerikohl Aggregates, Inc., of Butler, filed a civil suit against Richland Township and property owners Martin J. Sanders and Tammy J. Sanders, of Emlenton, alleging interference with an application for a limestone mining operation.

The suit was filed earlier this year for a case that dates back to 2012. The Sanders are owners of a total of 78 acres in Richland Township.  The couple purchased the land from C&K Coal Company on July 31, 2012, but C&K retained exclusive rights to develop and mine the coal and limestone under the property, according to the suit.

Amerikohl leased the coal and limestone rights from C&K in 2014. Amerikohl desired to mine and remove the limestone on, in, and under the property. In order to do that, the company was required to obtain a Surface Mine Permit from the Pennsylvania Department of Environmental Protection (DEP).

In 2014, Amerikohl retained Hiser Engineering, Inc., to prepare the necessary paperwork and survey for the DEP permit application.  The company also requested two variances from DEP to permit mining within 100 feet of Jones Road and within 100 feet of Church Road.  DEP approved the variances with the stipulation that Richland Township provided letters of consent.  After negotiations between Amerikohl and Richland Township, the township agreed to the consent letters and an arrangement that would provide a royalty for all limestone mined on the property and an ability to purchase limestone at a reduced rate.

Neighbors and area residents opposed the limestone mining operation, and responding to public pressure, things changed on March 14 when Richland Township terminated the agreement and withdrew its letters of consent. The DEP soon notified Amerikohl that its permit application was deficient and would be rejected.

In the original purchase by the Sanders, an easement agreement was included not to obstruct, deter, or interfere with the C&K/Amerikohl permitting or use of the premises.

The suit names various actions by the owners that publically raised objections to the permit, allegedly violating the terms of the easement agreement.

Amerikohl is also alleging that the Richland Township Supervisors’ signed contract is valid because they received “consideration” for royalties of mined limestone and received “consideration” for the letters of consent.

The company is seeking a “Declaratory Judgment” that declares the contract and letters of consent are valid and enforceable. 

Amerikhol wants to proceed with mining of the property.