Family seeks help with mining mess

NEGLEY – A local mining and excavation company is wreaking havoc on a Carmel Achor Road property, according to the couple who live there.

Rick and Marybeth Kyler of Carmel Achor Road told Middleton Township trustees this week runoff from the State Line Resources property is ruining their land and the township-owned road.

Rick Kyler showed the board pictures of the property and road, both submerged by muddy water following a recent rain.

“He has changed the topography up there. The way the water flows with all the mining he has done, it causes more water to come down to my property and my parent’s property,” he said of State Line Resources owner Jay Muse.

He went on to say the existing culverts are not big enough to withstand the additional water.

It is not the first time the Kyler’s have had issues with the runoff. They said they faced similar problems in 2009, before the company reclaimed its property.

Trustees Timothy Pancake and Nancy Michaels have visited the Kyler’s property and witnessed the damage, and Pancake said the most recent aftermath is worse than the first.

Pancake said he has been in contact with Phil Rhodes of the Ohio Environmental Protection Agency and was told the company does have some kind of permit.

A call to Rhodes was not immediately returned Tuesday.

Rick Kyler said he too has been in contact with the EPA and Ohio Department of Natural Resources about the problem, and said the company holds an all minerals permit for the north side of Carmel Achor Road.

“The point being is this until Jay is forced to do something, Jay does not do it. He reclaimed that property up there two months ago and did not seed it at the proper time,” Rick Kyler said.

He said that in working with the ODNR he has learned the company is in violation of its permit because it is allowing silt and debris to leave the property. He said the company was given a notice of that violation.

Calls to a local ODNR representative and State Line Resources were also not immediately returned.

The Kylers told trustees they are aware the township cannot do anything about their own property, as it is a civil matter between them and the company, but urged them to do something about the problem to the road.

“If he is causing an issue in the township, which he obviously is, he needs to be made notice of it from you, and he needs to remedy the situation,” Rick Kyler said.

Trustee Eldena Gearhart said the township is working to get the road fixed and that she has also been in contact with Jay Muse about the problem.

She told the Kylers Mr. Muse was invited to a Tuesday morning meeting with Chesapeake Energy and X&L Gravel regarding that road. When contacted Tuesday night, she said he did not show up to that meeting.

The companies were meeting to discuss the condition of the road, as they all three use it for their businesses. The drilling company has a road use maintenance agreement with the township.

Michaels said the township will continue efforts to see what can be done about the problem.