Tuesday, December 6, 2016

Jay Land claims trucks hauling water from West Penn Fort Franklin site are safe, despite crossing into oncoming traffic and continuing accidents

Title 75 of the PA Code, Title 75 Sec 3745 covers leaving the scene of an accident in which there is damage to another vehicle or property.

On at least three occasions in October and November, the guardrail on the corner of Route 309 and Blue Mountain Drive was struck and damaged, according to residents.  The first incident was reported to the police as a water tanker striking it, and the property owner of the Fort Franklin water extraction site was reportedly seen inspecting the damage the following day.

Also, video and still pictures taken during this time show that loaded tankers leaving Blue Mountain Drive and turning onto Route 309 South are crossing totally over the double line on Blue Mountain Drive, and sit stopped while waiting to turn.  This creates a hazard for anyone travelling 50+ mph and turning quickly onto Blue Mountain Drive.  Also, tankers are pulling across all 4 lanes of Route 309, blocking all traffic that is travelling 50+ mph in both directions.

At the December 5, 2016 spoke publicly about issues involving the Fort Franklin site, including questions about the safety of tankers travelling to and from the site.  Incredibly, Mr. Land stated that the road is safe and trucks are not making the road unsafe.  Take your pick of blocking Blue Mountain Drive, blocking Route 309 and destroying the guardrail - which one(s) don't decrease safety?  Did anyone in the room believe him?  Do they have a barf bag dispenser at the entrance to the meeting room, like the poop bags for dogs on walking trails?

Here is a picture of the guardrail after the first incident, taken on October 7, 2016:

Here is a picture taken November 21, 2016:

And finally November 30, 2016:

Here is a video showing what Mr. Land apparently considers "safe" operation of water tankers leaving his site - note the car and tractor trailer that have a close call steaming up Route 309:

Monday, December 5, 2016

West Penn Supervisors vote 2-1 to agree to take no action against Jay Land's water extraction operation - while safety issues and public property damage continue

On November 15, 2016, the West Penn BOS met in an executive session to discuss Jay Land's Ringgold Acquisition Group's water extraction operation on Fort Franklin Road.

After this lengthy meeting which included the township zoning officer, it was reported that:

  • Mr. Land would be asked to submit a "sketch plan" documenting the permits he intended to obtain
  • A DEP representative would be asked to attend tonight's BOS meeting, and provide a written response to the township's "request for action"
  • The zoning officer has been in touch with State Representative Argall
  • Supervisor Bogosh stated that he doesn't "think a land development plan is needed"
  • Chairman Dean stated the question is, is this business compliant with the zoning ordinance
  • Chairman Dean would like someone else to step up to the plate (emphasis added, eg DEP)
  • Supervisor Prudenti believes the "action" has no teeth and a cease and desist order should be filed.
Two out of three of supervisors are clueless and useless.  Prudenti is the only one acting responsibly.  First of all, the question for Mr. Dean is, is the health, safety and welfare of the citizens of West Penn Township being protected.  The answer is clearly "no".  In a November 7, 2016 Times News article, it was documented that a resident's water had become unsafe and unusable following the inception of daily water extraction at Fort Franklin.  Chairman Dean was quoted as saying "it is appalling," but then he said "we can't say it is from water extraction" and "we defer to government agencies that oversee water extraction."

Here's the problem  Supervisor Dean left a message on a resident's voice mail several months ago, saying that the zoning officer was "drafting a cease and desist order."  The zoning officer issued a notice of violation in 2015 due to Land's company not filing a Land Development Plan, via certified mail. Water tankers believed to have left the Fort Franklin site in October and November 2016 have damaged public property on multiple occasions.  West Penn Township conducted an engineering study of its roads in 2015, which determined that the road tankers are using to leave the site, Blue Mountain Drive, should be posted with a 15-ton limit.  Tankers of a 48+ ton capacity have been observed leaving the site, and these tankers require a PA DOT and West Penn permit that is site specific to do this.  It is believed they do not have these permits.

So let's see, Mr. Chairman.  You would like "someone else" to step up to the plate, even though your roads are being abused, your guardrails destroyed, motorists have been placed in harm's way, and the required land development plan never submitted.  And vehicles believed to not be permitted using your roads.  Those all fall into your lap.  This time last year, Mr. Dean, your Board held a public hearing to discuss a road weight limit and bonding oridinace.  The solicitor told the public that new land development plans would require a road impact study.  This sounds great, but it is all talk and no action.  What happened to that ordinance, Mr. Dean?  Why is Mr. Bogosh now saying a land development plan isn't needed, and what comment does the zoning officer have about it?  The same one that issued a notice of violation for not filing the same?  This is horse shit.

Here's a newsflash, Mr. Dean.  The DEP has been ignored by Mr. Land's companies for years.  Go to this link at the Environmental Hearing Board to see the evidence.  He told the DEP he would be supplying spring water from the Pine Valley (Kepners) site, and he would treat it with an "ozinator".  DEP filed multiple violation notices, and the ozinator sits in the parking lot unused.  You have to treat water if you are selling it to be bottled as spring water.  They filed a complaint he was not maintaining the required bypass water volume in a creek, and he responded by saying he shouldn't have to.  The DEP says he is supplying raw water, which only a bottler who owns the site can do.  But he isn't a bottler.  So now he's in court, arguing he doesn't need to comply with all these regulations.  He wants to write his own regulations.  See, he wants to sell that raw water so he doesn't need to file reports of the quality of the water.  Here's another factoid - if he ozinates the water, it turns bromide to bromate - which causes cancer.  The more bromide your water has, the more likely this will happen.  The DEP has been "trying" to regulate him for years.  Since 2007 at various sites.  And it hasn't worked.  It should be noted that Mr. Land was in law school with Katie McGinty, Secretary of the DEP from 2003 to 2008. What the hell is the DEP going to do to regulate the new site on Fort Franklin Road???  How hard have they really been trying to regulate him?  Have they?

By the way, if you read between the lines, you can see Mr. Land's intent is to abandon the Pine Valley (Kepners) site and shift his entire operation to Fort Franklin Road.  The landowner at Pine Valley and he are at odds, and in fact the landowner filed a complaint with the DEP against his operation because he is drying up the surface water.  The lease expires within a few years.  Recently, the land owner even cross filed a complaint against Land in the civil lawsuit by residents of WPT.  Supervisors, get this straight - Mr. Land is rumored to be planning to run up to 100 (one hundred) trucks a day out of Fort Franklin, each way.  The problem of Mr. Land's company only shipping water from WPT is turning into Mr. Land's company sucking your resident's water source dry AND beating the hell out of your roads AND making them unsafe.  Talk about fiddling while Rome burns - West Penn supervisors have this down to a science.

Mr. Dean and Mr. Bogosh should wake up out of whatever state of euphoric crapulence they are in.  Are they playing politics?  If so, it's a dangerous game.  They were put on notice at least as far back as May 2015 that tankers can't leave Blue Mountain Drive for Route 309 without creating a hazardous situation.  In November 2015, resident Judy Russo reported she saw a tanker departing Blue Mountain Drive cross over into oncoming traffic on Route 309 in a dangerous maneuver.  Video this past month shows a high speed accident almost occurred when a loaded tanker blocked the entire 4 lanes of Route 309, turning to go south.  As soon as the cab crossed back over the double line, vehicles in both northbound lanes sped past.  Still pictures show tankers have crossed totally over the double line on Blue Mountain Drive, sitting stopped waiting to pull out onto Route 309.  This could prove fatal to a vehicle on 309 in either direction wishing to turn onto Blue Moutain Drive, and finding their lane blocked.  It is important to remember these are 40 to 50 ton trucks.  They aren't going to be making any quick moves to get out of the way, stop or do anything else.

Residents of West Penn should take no solace whatsoever in believing "someone else" will "step up to the plate" to make one of Mr. Land's companies do the right thing.  And based on the total inaction of West Penn supervisors, it is apparent they plan to continue to say "we're doing everything we can" while doing nothing at all.

Question for Mr. Dean

When the fuck do you step up to the plate?  Where is your "sketch plan" of what you intend to do, besides nothing?  Municipalities issue cease and desist orders routinely.  You told a resident one was being drafted in July.  There is plenty of justification for one towards the goal of exactly what you told me - protect the health safety and welfare of your residents which is your "highest priority".  When is the next election?

Sunday, December 4, 2016

West Penn resident active in fight to protect health safety and welfare against consequences of water extraction passes away

West Penn resident Ted (Theodore) "Doc" Luhowy Sr., 139 Fort Franklin Road, died early December 3rd, 2016 at his home.  Mr. Luhowy was 77 years old.

Ted was a leading voice in attempting to motivate West Penn supervisors to take proactive and now reactive steps to ensure that water extraction by Jay Land's companies does not continue to negatively impact the heath safety and welfare of residents.  Ted pushed for progress on posting and bonding of the roads, which supervisors inexplicably appear to have tabled after spending over $10,000 of taxpayer funds to study.  Now that Mr. Land has shown that his plan is to shift full blown production from his Pine Valley site down the road to the Fort Franklin site, it is more important than ever for the battle Ted was fighting to be pursued and won.  Despite his persistent efforts, the supervisors haven't done anything substantive to protect the health safety and welfare of their residents - their #1 responsibility.

This blogger met Ted only once, and corresponded several times with him.  He was passionate about this cause, unlike the supervisors of West Penn Township, who appear to have no concern whatsoever for their residents' welfare, their safety, or township property.

There are some very committed people involved in this fight, so Mr. Land should not assume that he is home free with Ted's passing.  There are other very dedicated residents and a lawyer who have been tracking his movements and business "model" for some time.  He's shoved the DEP around for several years, and the West Penn supervisors have done nothing at all to hold him accountable.  Mr. Land shouldn't toast yet to the thought of West Penn supervisors continuing to sit on their hands with their thumbs up their asses while he sucks 100s of thousands of gallons of non-permitted well water (not spring water) from the ground daily, compromises and pollutes neighbor's wells and ships his bounty offsite in an irresponsible and grossly unsafe manner.  His day will come.

My condolences to Mr. Luhowy's family, friends, and associates.  Ted's fight on Earth is over and his time for eternal rest has come - others will fill the void in the battle against Mr. Land's practices and follow in Ted's indelible footsteps.

Thursday, December 1, 2016

Dec 2, 2015 - the beginning of the end for Nestlé in Kunkletown, and the beginning of research of the Beemer Water Company

A year ago on December 2, 2015, this blogger set foot in Kunkletown, Eldred Township, for the first time in 19 years.  The purpose was to attend the Eldred Township Board of Supervisors meeting that evening.  While one senior Kunkletown resident asked subtle questions about deeded water rights of the township solicitor, as he had reportedly done in previous meetings, a scan of the packed meeting room revealed concern on the faces of many residents.  As some spoke, the tension was palpable.  A few furtively glanced in my direction as if to say "who is the guy in the corner sitting behind the pimp, and what's his story?"

Who is the joker?

Nestle had completed draw-down testing for a planned site in Kunkletown, and residents were petrified of the prospect of a water extraction operation.  This is was what I came for, and I was primed.  I had researched case law, and was eager to see a trap set and eventually sprung on the leeches who were hoping to take advantage of a miscarriage of municipal procedures, and drain Kunketown's groundwater supply.

One resident blurted out to Supervisor Gannon Pettit "hell, you're sleeping with the damned property owner!!!"   Ms. Gannon Pettit smirked and coyly replied "do you think that's why I got this job, to make this happen?"  The devil on my shoulder silently yelled "yes!"  Another resident seemed like a student who had missed her afternoon meds; she was irrational.  She couldn't restrain herself from yelling and flailing about in her seat, and stormed out halfway through the meeting. The constable adjusted himself in his seat.  Another resident was concerned that her critical kidney treatments, from an in-house system that uses water, could be affected.  I was in the right place, and please pass the popcorn.  With butter.

One colorful resident in attendance was visibly upset

I intently listened to the proceedings, and took mental notes.  Nestle water pimp Eric Andreas was seated right in front of me - the target was dead ahead and taking his own mental notes.  The hunter was being hunted.  Not wanting to underestimate my well-funded prey, I kept quiet until near the end of the discussion.  I raised my hand and spoke to a point of order - not wanting to raise too many eyebrows, but wanting to make it clear I was familiar with the subject so the spider would be concerned he may need to weave a larger web.  Sure enough, Mr. Andreas took the bait and introduced himself.  I informed him we had nothing to speak about.  Not very subtle, but the message was sent that I was playing at an intermediate level, not a beginner.  It turns out there were others in the room on December 2, 2015 who had also researched case law, and were imminently to file an appeal that would change Mr. Andreas' and Nestle's plans.  And in one month, a change of supervisors took place that unified the community and the administration.

Watching your backside... sometimes it isn't enough

By June, this matter was resolved.

Kunkletown K-O's multi-national whores in full frontal assault

Deeded water rights of neighbors to water on Gower property
The resident asking about deeded water rights was Terry Kleintop, who lived in a house next to the Gower property in the 1950's, and chipped in as a young man to maintain a water supply on the Chestnut Ridge that supplied at least six properties, including the residence of Mr. Kleintop and his parents.  Mr. Kleintop reported that there was a reservoir on the ridge, and a pipe system that brought water down, under the Buckwha, and to a distribution point on what is currently the Prutzman property.  Pinky Prutzman confirmed this, and said that this system was still in operation in the 1960's.  Mr. Kleintop reported that the reservoir had a plug like a cork that was the size of a basketball.  This would be removed annually and the reservoir drained and the walls cleaned.  Both Mr. Kleintop and Mr. Prutzman indicated that their deeds gave them the right to go on the Gower property and repair or reconstruct this system.  Mr. Andreas feigned ignorance of this detail, which is odd since rights to water was what this project was all about.  Due diligence and all that.

This blogger loves a good mystery, so he set about attempting to locate said reservoir, the pipes that it fed, and researching the deeds that might convey such rights.

Unnamed tributary on Gower property is actually Spruce Run
Easier to find than the reservoir was the tributary that Mr. Kleintop indicated ran down the gorge and the reservoir was located on.  Determining the name of said tributary was more difficult.  A map was located that showed the name to be "Spruce Run" - aptly named for the lush landscape in question.  See the bottom, beneath the millrace and pond, formed by Beemer Dam.
In the picture above, not shown is Beemer Dam, which created the pond and made possible diversion of water to the mill race for the grist mill - today the eyesore known as the old mill.

Without further ado - the Beemer Water Company
This blogger set about attempting to locate the reservoir that was the heart of the rumored water supply.  This was not an easy task.  Erosion has taken its toll in the area in question, with large trees scattered like toothpicks and tall banks washed away.  However, the deeds of neighbors in fact made reference to a reservoir on the Gower property, and pipes, Spruce Run and the Beemer Dam.

In 1926, Mr. Beemer owned the Gower property by virtue of the fact he was the Trustee in the bankruptcy of the Chestnut Ridge White Brick Company.  Beemer deeded rights to the owner of the current Prutzman (nee Christman) property, Francis Greenzweig.  Mr. Greenzweig then subdivided these water rights to five others.  The following diagram is an aerial view from 1938, with lot lines shown from the current county GIS, and lot owners from 1926.  There was a small reservoir on the Greenzweig property at the distribution point, possibly for feeding livestock.

Details of water supply system located on Gower property, on Spruce Run

Deeded rights to enter Gower property and repair water delivery components
An excerpt of the deed from James Beemer to Francis Greenzweig, which conveyed the initial rights to the Beemer Water Company, follows.  Those whom Mr. Greenzweig subdivided his water rights to have deeds that refer to this document to define their rights.  In this manner, the present day heirs/property owners of said parcels have a right to the water in Spruce Run, as Mr. Kleintop suggested during the board meetings in 2015.  This would have given them rights in the lawsuit that was filed in the Court of Common Pleas.  Nestle representative and water pimp Andreas claimed to have never been able to locate this language.  Maybe he didn't look.
Deeded rights to water on Gower property and entry to property to repair water supply system

Complete chain of title of five properties with current rights to water on Gower property

Remains of Beemer Water Company
There is little left of the reservoir that Terry Kleintop remembers.  He reported there was a low dividing wall in it, and that DEP personnel confirmed they found remains of such a structure on a site visit in 2015.  The outer walls were said to be about waist high, and maybe 20' wide by 35' long.  Tributaries entered from multiple angles at the rear.  This blogger is a novice, but located features that appear to be of the same structure - wall sections and 5" pipe.




Fortunately, all this water company research became moot when Nestle withdrew.  It should be mentioned that there are others who use water from the Gower property, and adjacent parcels - some deeded, some not, fed through pipes coming from the south side of the Buckwha.  What is sad is very few of these people had the balls to speak up or stand in solidarity against the ill-conceived Nestle project.  You can bet that if Nestle's operation resulted in their pipes going dry, or ruined the quality of their water, they would have been among the first to complain.

Friday, November 4, 2016

West Penn Supervisors decree that recording can't take place at public meetings - but this is allowed under the Sunshine Act


It is reported that citizens of West Penn Township have been told that they can't record public meetings, and/or that they would have have to prior written permission to make such recordings.  Recording of meetings is specifically allowed under the Pennsylvania Sunshine Act:
§ 711.  Use of equipment during meetings.
        (a)  Recording devices.--Except as provided in subsection
     (b), a person attending a meeting of an agency shall have the
     right to use recording devices to record all the proceedings.
     Nothing in this section shall prohibit the agency from adopting
     and enforcing reasonable rules for their use under section 710
     (relating to rules and regulations for conduct of meetings).
        (b)  Rules of the Senate and House of Representatives.--The
     Senate and House of Representatives may adopt rules governing
     the recording or broadcast of their sessions and meetings and
     hearings of committees.
Sec 711 of PA Sunshine Act

If a tv station appears at a meeting to videotape, do they need "permission"?  Nope.  This is more bs, which appears to be in abundance in West Penn Township.  Section 710, referred to above, merely provides that activities at a meeting shall not interfere with the meeting.  As long as the recording does not interfere, it is allowed.  Requiring "written permission" is a crock of sh!t.  The back-asswards leadership of this community needs a serious wake-up call.  This isn't the Wild West.

If it looks like a crock and smells like a crock, it probably is a crock

West Penn residents should get everything associated with this water extraction debacle recorded, so they can protect their rights.

West Penn supervisors have a quandry - either protect their citizens and roads, or cater to a single business owner

In West Penn Township, the patience of affected residents has run thin with long term water extraction at a site near the East Brunswick border at Kepners Road.  The recent expansion by the owner of this operation to a new site only 2 miles away, at #1 Fort Franklin Road, has pushed some residents over the edge.

Tanker trucks associated with the #1 Fort Franklin Road operation have been reported to:
  1. Have destroyed the guardrail at the intersection of Route 309 and Blue Mountain Dr
  2. Pulled completely over the double yellow line and road shoulder of Blue Mountain Dr, when turning from Blue Mountain Drive onto Route 309 South
  3. Pulled over into and blocked both oncoming lanes of Route 309 North, when turning from Blue Mountain Dr onto Route 309 South.
  4. Be of the 50-ton configuration as well as the smaller 40-ton.
Let's take a look at the box that West Penn Supervisors are in, considering the ongoing battle of wits that has taken place in the past few years.

November 2015 Road Structure Engineering Study Findings
Let's review the results of the Road Structure Engineering Study that West Penn supervisors commissioned and was completed in November of 2015.  Only four roads were studied - Retreat Road, Dorset Road, Kepners Road and Blue Mountain Drive.


  1. Apparently, this study was done specifically to address concerns of Jay Land's water tankers finding their way from the existing site of MC Resource Development at Kepners Road and the new site of Ringgold Acquisition Group at Fort Franklin Road onto Routes 895 and 309.
  2. The study's recommendation was that all four roads should be posted with a 15-ton maximum weight limit. 
  3. While Retreat Road and Dorset Road could withstand the current (prior to the activity that commenced at #1 Fort Franklin in October 2016) traffic with a 15-ton restriction, Blue Mountain Drive and Kepners Road require an additional 1-1/2 inches of pavement to withstand the traffic at that time, with a 15-ton restriction.  No upgrades have been made to these roads since the study.
  4. Even with a 15-ton restriction and 1-1/2 inches of additional pavement, Blue Mountain Drive and Kepners Road still would not have proper drainage or shoulders.



West Penn supervisors have allowed Jay Land to continue operations
at #1 Fort Franklin, in violation of his permit
Jay Land's company obtained a permit for agricultural water extraction at #1 Fort Franklin Road.  He never filed a Land Development Plan, and was issued a Notice of Violation in March 2015.  That's a year and half ago.  Despite the Chairman of the Board of Supervisors informing a resident on July 2, 2016 that a cease and desist order was being prepared, that was apparently never issued.  Or that is being violated too.  It's hard to tell - residents report that supervisors really don't tell them what is going on.  When the doo-doo hits the fan, the supervisors say they didn't know either.  Ignorance is not an attribute.  Now commercial water extraction is taking place, and at least one resident's water quality has gone from great to shit.

West Penn residents report that supervisors have told them to go elsewhere to get relief.  Talk to PADOT, talk to DEP, talk to DRBC.  Go everywhere but the people running the township.  Don't expect anything from us, but we're doing everything we can.  What the hell - take some responsibility damn it.  50-ton trucks aren't allowed to be on the roads being used without a permit from both West Penn Township and PADOT.  Did you issue one of those?  Do you even know?  What's my name, what day is it?


West Penn Supervisors are "doing all we can" - like Jerry Lundegaard @ 1:44

I can't get out of my own way
So what is the box?  West Penn Supervisors have allowed a business owner to do whatever he pleases, their own road study shows the roads can't support the traffic from either of Mr. Land's facilities even if 1-1/2 inches of pavement were to be added, the added tanker traffic beginning in October 2016 is destroying the shoulders of Blue Mountain Drive (or the guard rail - pick your poison) when turning onto Route 309, and tankers are blocking oncoming traffic onto Blue Mountain Drive, Route 309, or both.

Here's the real problem:  Mr. Land's tankers are 40 to 50 tons.  The roads used to transport water from the Kepners Road and Fort Franklin Road sites can't handle 15 ton trucks even if improvements were made.  According to the study, Mr. Land should switch to tankers that don't exceed 15 tons, or cease operations.  He should cease operations at Fort Franklin Road anyway, because he never satisfied the conditions of his permit.  West Penn supervisors spent over $10,500 of taxpayer funds on this study, but they don't seem eager to do anything with the results that negatively impact Mr. Land, but provide a plan for securing the safety and integrity of the roads for all citizens.  The plan was to implement a posting and bonding program.

Do West Penn supervisors have the balls to make a single business owner accountable, in order to protect the health, safety and welfare of their residents?  Based on history, it is unlikely.

Thursday, November 3, 2016

Jay Land water extraction operation in West Penn operating despite notice of permit violation causes neighbor's well to become unusable

About three weeks ago, a water extraction operation at #1 Fort Franklin Road in West Penn Township ramped up production despite the fact that a required Land Development Plan was never submitted and the township issued a Notice of Violation regarding same on March 2, 2015.   This operation is run by Jay Land, who also owns a similar operation a few miles away on Blue Mountain Drive.

The water tankers leaving this site are 40 to 50 tons, which far exceed the 15-ton recommended limit that resulted from a November 2015 engineering study commissioned by the township.

Neighbor's water FUBAR

 In the past week, a neighbor to #1 Fort Franklin Road had the insult of their water quality going to hell in addition to the nightmare of tractor trailer traffic at all hours of the night that they have experienced for the past three weeks.  Their water became muddy, dirty and foul smelling:

Honey, would you like to take a romantic soak tonight?

True Grit - a little iron in your diet will do you wonders

On October 18, 2016, West Penn Supervisor James Dean told this blogger that the Supervisors couldn't comment on what they were doing to insure the health, safety and welfare of West Penn residents, but to rest assured this was the highest priority of the supervisors.  I call Bull Shit.  This is the same supervisor who told a resident via voice mail on July 2, 2016 that a cease and desist order was being crafted against this operation.  Fool me once, fool me twice.  Actions speak much louder than words.

Next BOS meeting on November 7, 2016

The West Penn supervisors next regularly scheduled meeting is on Monday, November 7.  What will happen?  Will Mr. Land bathe the audience and supervisors with the usual raft of nonsensical mumbo-jumbo that is memorialized in countless BOS minutes of the past few years?  Will the supervisors tell residents that they are listening to their concerns, and then ignore them after each has spoken at the lecturn?  What about... the health, safety and welfare of the residents?  Does water quality fall under that?  The ability to pull into your road without risking a head on collision with a massive tanker that is parked totally in your lane facing you?  The road being destroyed by tankers nearly three times the weight the road can handle?

Health Safety and Welfare is the stated highest priority in West Penn Township